CTNF 18/582,247 CTNF 84331 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Double Patenting 08-33 AIA The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg , 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman , 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi , 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum , 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington , 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA/25, or PTO/AIA/26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. 08-34 AIA Claim s 1-7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-6 of U.S. Patent No. 11,930,561 . Although the claims at issue are not identical, they are not patentably distinct from each other because instant claim 1 is taught by patent claim 1. Instant claim 2 is taught by patent claim 2. Instant claim 3 is taught by patent claim 1. Instant claim 4 is taught by patent claim 3. Instant claim 5 is taught by patent claim 4. Instant claim 6 is taught by patent claim 5. Instant claim 7 is taught by patent claim 6 . Claim Objections 07-45 AIA Claim 7 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim 7 is dependent upon both claims 1 and 5 . See MPEP § 608.01(n). Accordingly, the claim 7 has not been further treated on the merits. Claim Rejections - 35 USC § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. 07-34-05 AIA Claim 1 recites the limitation " the device " in line 3 . There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – 07-08-aia AIA (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. 07-15-aia AIA Claim(s) 1, 3-6 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by QIU (US 2017/0280779) . Qiu teaches an aerosol provision device comprising a power source (11), at least one heating element (12) for generating aerosol, and temperature monitoring means (13) configured to monitor the temperature of the heating element. Qiu teaches that the aerosol provision device comprises a controller (14) wherein when in an operational configuration the controller is configured to control the supply of power to the heating element to by suppling power to the heating element to initially raise the temperature of the heating element to a first threshold temperature (para. 0053); reduce power supplied to the heating element when the temperature monitoring means detects that the temperature of the heating element is at the first threshold temperature (para. 0055) wherein the step of reducing the power supplied to the heating element reads on the step of removing power supplied to the heating element, such that the temperature of the heating element decreases to a second threshold temperature (para. 0057); and supply power to the heating element when the temperature monitoring means detects that the temperature of the heating element has reduced to the second threshold temperature (para. 0059), such that the temperature of the heating element increases towards the first threshold temperature (see figure 3). Regarding claim 3, Qiu teaches a puff detector and wherein the device is configured in the operational configuration or in a non-operational configuration based on input from the puff detector (para. 0187). Regarding claim 4, figure 3 shows the device is configured to repeat one of more steps of claim 1 such that once the temperature of the heating element has reached the first threshold temperature the temperature of the heating element remains above or at the second threshold temperature and lower than or equal to the first threshold temperature. Regarding claim 5, Qiu teaches a method of powering a heating element for an aerosol generating device comprising monitoring a temperature of the heating element (para. 0049); initially supplying power to the heating element to raise the temperature of the heating element to a first threshold temperature (para. 0053); removing power supplied to the heating element when the temperature of the heating element reaches the first threshold temperature (para. 0055), such that the temperature of the heating element decreases to a second threshold temperature (para. 0057); and increasing the power supplied to the heating element when the temperature of the heating element reaches the second threshold temperature (para. 0059), such that the temperature of the heating element increases towards the first threshold temperature (see figure 3). Regarding claim 6, Qiu teaches initially supplying power to the heater when it is detected by a puff detector that a user is drawing on the device (para. 0187) . Claim Rejections - 35 USC § 103 07-20-aia AIA The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. 07-21-aia AIA Claim (s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over QIU (US 2017/0280779) in view of FLICK (US 2014/0299141) . Qiu teaches an aerosol provision device comprising a power source (11), at least one heating element (12) for generating aerosol, and temperature monitoring means (13) configured to monitor the temperature of the heating element. Qiu teaches that the aerosol provision device comprises a controller (14) wherein when in an operational configuration the controller is configured to control the supply of power to the heating element to by suppling power to the heating element to initially raise the temperature of the heating element to a first threshold temperature (para. 0053); reduce power supplied to the heating element when the temperature monitoring means detects that the temperature of the beating element is at the first threshold temperature (para. 0055), such that the temperature of the heating element decreases to a second threshold temperature; and supply power to the heating element when the temperature monitoring means detects that the temperature of the heating element has reduced to the second threshold temperature (para. 0059), such that the temperature of the heating element increases towards the first threshold temperature (see figure 3). Qiu teaches that the heating element can be made of material selected from one of a group consisting of platinum, copper, nickel, titanium, iron, ceramic-based PTC materials, polymer-based PTC materials, and any combination thereof (para. 0035). Flick teaches an aerosol provision device comprising a power source (107), at least one heating element (119) for generating aerosol, and temperature monitoring means configured to monitor the temperature of the heating element (para. 0067). Flick teaches that the heating element is a coil (119 in figures 1 and 4). It would have been obvious to one of ordinary skill in the art to try a heating coil as the heating element of Qiu because Flick teaches that the heating coil is made of a Ni--Cr, platinum, tungsten or alloy material (para. 0033) and Qiu teaches that the heating element can be made of material selected from one of a group consisting of platinum, nickel, and any combination thereof (para. 0035). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 am - 6 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached at 571-270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741 Application/Control Number: 18/582,247 Page 2 Art Unit: 1741 Application/Control Number: 18/582,247 Page 3 Art Unit: 1741 Application/Control Number: 18/582,247 Page 4 Art Unit: 1741 Application/Control Number: 18/582,247 Page 5 Art Unit: 1741 Application/Control Number: 18/582,247 Page 6 Art Unit: 1741 Application/Control Number: 18/582,247 Page 7 Art Unit: 1741
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