DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 112
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.
Claims 8 and 15 are 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.
Claim 8 recites the limitation "a third sensor" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "a fourth reference temperature" in the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 –
(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.
Claims 1-8, 12, 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FOR1 (WO2020222497A1 – provided by Applicant in the IDS).
Regarding claim 1, FOR1 teaches a circuit unit of an aerosol generation device (5, Fig. 1, see Description), comprising:
a controller that controls supply of electric power to a load that heats an aerosol source (see Abstract),
wherein in a case where first control for heating the load to a first temperature at which an aerosol is generated is preceded by second control for heating the load to a second temperature lower than the first temperature (see Fig. 7, see Description, “In addition, the aerosol generating device 100 may determine a power profile for the (n+1)th puff period based on the first time interval. For example, since the first time interval is longer than a predetermined first reference time, the aerosol generating device 100 may select the B power profile for the (n+1)th puff period. Subsequently, the aerosol generating device 100 may control the power to be supplied to the heater 120 according to the B power profile during the (n+1)th puff period such that higher power is supplied to the heater 120 during the (n+1)th than during the n-th puff. For example, the aerosol generating device 100 may control the power to be supplied to the heater 120 according to the B power profile by initially supplying power of 4 W to the heater 120 and reducing gradually the power in the n-th puff period”),
the controller performs control such that at least one of an amount of electric power to be supplied to the load in the first control and an amount of electric power to be supplied to the load in the second control is smaller than a reference value when an interval between inhalations of the aerosol is shorter than a first period (see Fig. 7, see Description, “Likewise, the aerosol generating device 100 may supply the predetermined power to the heater 120 during the second time interval and may select the C power profile for an (n+2)th puff period based on the second time interval. For example, since the second time interval is shorter than a predetermined second reference time, the aerosol generating device 100 may select the C power profile for the (n+2)th puff period. Subsequently, the aerosol generating device 100 may control the power to be supplied to the heater 120 according to the C power profile in the (n+2)th puff period such that lower power is supplied to the heater 120 during the (n+2)th than during the (n+1)th puff. For example, the aerosol generating device 100 may control the power to be supplied to the heater 120 according to the C power profile by initially supplying power of 2 W to the heater 120 and reducing gradually the power in the (n+2)th puff period”).
Regarding claim 2, FOR1 teaches the circuit unit of an aerosol generation device according to claim 1, further comprising:
a first sensor that detects inhalation of the aerosol by a user (see at least claim 1),
wherein the controller makes at least one of a time for supplying electric power to the load in the first control and a time for supplying electric power to the load in the second control shorter than a second period when a time from an end of an immediately preceding inhalation detected by the first sensor to a start of a current inhalation detected by the first sensor is shorter than the first period (see Description, “Likewise, the aerosol generating device 100 may supply the predetermined power to the heater 120 during the second time interval and may select the C power profile for an (n+2)th puff period based on the second time interval. For example, since the second time interval is shorter than a predetermined second reference time, the aerosol generating device 100 may select the C power profile for the (n+2)th puff period. Subsequently, the aerosol generating device 100 may control the power to be supplied to the heater 120 according to the C power profile in the (n+2)th puff period such that lower power is supplied to the heater 120 during the (n+2)th than during the (n+1)th puff. For example, the aerosol generating device 100 may control the power to be supplied to the heater 120 according to the C power profile by initially supplying power of 2 W to the heater 120 and reducing gradually the power in the (n+2)th puff period”).
Regarding claim 3, FOR1 teaches the circuit unit of an aerosol generation device according to claim 1, wherein the controller makes at least one of a time for supplying electric power to the load in the first control and a time for supplying electric power to the load in the second control shorter than a second period when a time from an end of immediately preceding heating at which generation of the aerosol ends to a start of current heating is shorter than the first period (see claim 3 which notes the second time can be shorter than the first time interval).
Regarding claim 4, FOR1 teaches the circuit unit of an aerosol generation device according to claim 1, further comprising:
a first sensor that detects inhalation of the aerosol by a user (see at least claim 1),
wherein the controller makes at least one of a time for supplying electric power to the load in the first control and a time for supplying electric power to the load in the second control shorter than a second period when a time from an end of immediately preceding heating at which generation of the aerosol from the aerosol source ends to a start of a current inhalation detected by the first sensor is shorter than the first period (see Description, “Likewise, the aerosol generating device 100 may supply the predetermined power to the heater 120 during the second time interval and may select the C power profile for an (n+2)th puff period based on the second time interval. For example, since the second time interval is shorter than a predetermined second reference time, the aerosol generating device 100 may select the C power profile for the (n+2)th puff period. Subsequently, the aerosol generating device 100 may control the power to be supplied to the heater 120 according to the C power profile in the (n+2)th puff period such that lower power is supplied to the heater 120 during the (n+2)th than during the (n+1)th puff. For example, the aerosol generating device 100 may control the power to be supplied to the heater 120 according to the C power profile by initially supplying power of 2 W to the heater 120 and reducing gradually the power in the (n+2)th puff period” further see claim 3).
Regarding claim 5, FOR1 teaches the circuit unit of an aerosol generation device according to claim 1, comprising:
an operation unit that receives a user operation related to supply and stop of supply of electric power to the load (defined as the battery and controller operation noted in claim 1),
wherein the controller makes at least one of a time for supplying electric power to the load in the first control and a time for supplying electric power to the load in the second control shorter than a second period when a time from an immediately preceding stop of supply of electric power in response to a user operation on the operation unit to a current start of supply of electric power is shorter than the first period (see at least claims 2-3).
Regarding claim 6, FOR1 teaches the circuit unit of an aerosol generation device according to claim 1, further comprising: a first sensor that detects inhalation of the aerosol by a user (see at least claim 1); and
a second sensor that detects a temperature of the load (130, see Description), wherein the controller makes at least one of a time for supplying electric power to the load in the first control and a time for supplying electric power to the load in the second control shorter than a second period when the temperature detected by the second sensor at a start of inhalation of the aerosol detected by the first sensor is higher than a first reference temperature (see at least claims 2-3).
Regarding claim 7, FOR1 teaches the circuit unit of an aerosol generation device according to claim 1, further comprising:
a first sensor that detects inhalation of the aerosol by a user (see at least claim 1), wherein the controller makes at least one of a time for supplying electric power to the load in the first control and a time for supplying electric power to the load in the second control shorter than a second period when a resistance value of the load at a start of inhalation of the aerosol detected by the first sensor is higher than a first resistance value (see at least claims 2-3, see Figs. 7-8).
Regarding claim 8, FOR1 teaches the circuit unit of an aerosol generation device according to claim 1, further comprising:
a first sensor that detects inhalation of the aerosol by a user (see claim 1); and a third sensor that detects a temperature of the aerosol source (130, see Description),
wherein the controller makes at least one of a time for supplying electric power to the load in the first control and a time for supplying electric power to the load in the second control shorter than a second period when the temperature detected by the third sensor at a start of inhalation of the aerosol detected by the first sensor is higher than a second reference temperature (see Fig. 8).
Regarding claim 12, FOR1 teaches the circuit unit of an aerosol generation device according to claim 1, wherein when the interval between inhalations of the aerosol is shorter than the first period, the controller performs control such that at least one of an amount of electric power to be supplied to the load in the first control and an amount of electric power to be supplied to the load in the second control decreases as the interval decreases (see Description, Fig. 8).
Regarding claim 14, FOR1 teaches the circuit unit of an aerosol generation device according to claim 1, further comprising: a second sensor that detects a temperature of the load (130, see Description), wherein the controller forcibly terminates heating of the load at a point in time when the temperature detected by the second sensor in a duration of the first control reaches a third reference temperature (see Description which notes terminating the heater operation when discussing a predetermined temperature or maintaining an “appropriate temperature”).
Regarding claim 15, FOR1 teaches the circuit unit of an aerosol generation device according to claim 1, further comprising: a third sensor that detects a temperature of the aerosol source (130, see Description), wherein the controller forcibly terminates heating of the load at a point in time when the temperature detected by the third sensor in a duration of the first control reaches a fourth reference temperature (see Description which notes terminating the heater operation when discussing a predetermined temperature or maintaining an “appropriate temperature”). .
Regarding claim 16, FOR1 teaches the circuit unit of an aerosol generation device according to claim 1, wherein when the interval between inhalations of the aerosol is shorter than the first period, the controller controls a first maximum voltage value to be supplied to the load to generate the aerosol, to a value smaller than a second maximum voltage value to be supplied to the load when the interval between inhalations of the aerosol is longer than the first period (see claim 2).
Regarding claim 17, FOR1 teaches an aerosol generation device (5, Fig. 1, see Description) comprising:
a controller that controls supply of electric power to a load that heats an aerosol source (see Abstract), wherein in a case where first control for heating the load to a first temperature at which an aerosol is generated is preceded by second control for heating the load to a second temperature lower than the first temperature wherein in a case where first control for heating the load to a first temperature at which an aerosol is generated is preceded by second control for heating the load to a second temperature lower than the first temperature (see Fig. 7, see Description, “In addition, the aerosol generating device 100 may determine a power profile for the (n+1)th puff period based on the first time interval. For example, since the first time interval is longer than a predetermined first reference time, the aerosol generating device 100 may select the B power profile for the (n+1)th puff period. Subsequently, the aerosol generating device 100 may control the power to be supplied to the heater 120 according to the B power profile during the (n+1)th puff period such that higher power is supplied to the heater 120 during the (n+1)th than during the n-th puff. For example, the aerosol generating device 100 may control the power to be supplied to the heater 120 according to the B power profile by initially supplying power of 4 W to the heater 120 and reducing gradually the power in the n-th puff period”),
the controller performs control such that at least one of an amount of electric power to be supplied to the load in the first control and an amount of electric power to be supplied to the load in the second control is smaller than a reference value when an interval between inhalations of the aerosol is shorter than a first period (see Fig. 7, see Description, “Likewise, the aerosol generating device 100 may supply the predetermined power to the heater 120 during the second time interval and may select the C power profile for an (n+2)th puff period based on the second time interval. For example, since the second time interval is shorter than a predetermined second reference time, the aerosol generating device 100 may select the C power profile for the (n+2)th puff period. Subsequently, the aerosol generating device 100 may control the power to be supplied to the heater 120 according to the C power profile in the (n+2)th puff period such that lower power is supplied to the heater 120 during the (n+2)th than during the (n+1)th puff. For example, the aerosol generating device 100 may control the power to be supplied to the heater 120 according to the C power profile by initially supplying power of 2 W to the heater 120 and reducing gradually the power in the (n+2)th puff period”).
Regarding claim 18, please see the rejections of claims 1 and 17 as the limitations are generally the same.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over FOR1 in view of Lee (US 2020/0329776 – provided by Applicant in the IDS).
Regarding claim 9, FOR1 teaches the circuit unit of an aerosol generation device according to claim 1, but does not specifically teach that the controller predicts a next interval from a tendency of a plurality of previous intervals between inhalations of the aerosol, and when the predicted interval is shorter than the first period, the controller sets at least one of a time for supply of electric power to the load in the first control and a time for supply of electric power to the load in the second control for a next inhalation to be shorter than a second period.
Lee teaches an aerosol generating device (Lee, Title) wherein the controller uses predicted values of puff intervals based on previous time points of the user (Lee, paragraph [0112]) and determines the duration of a phase and amount of energy based off the predicted values (Lee, paragraphs [0113]-[0115]). It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide FOR1 with predicting intervals from previous intervals, as taught by Lee, in order to optimize the device to the user’s tendencies and preferences.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over FOR1 in view of Batista (US 2017/0340014 – provided by Applicant in the IDS).
Regarding claim 13, FOR1 teaches the circuit unit of an aerosol generation device according to claim 1, but does not teach when a residual amount of the aerosol source is smaller than a first residual amount, the controller performs control such that at least one of an amount of electric power to be supplied to the load in the first control and an amount of electric power to be supplied to the load in the second control decreases as the residual amount decreases.
Batista teaches an aerosol-generating device (Batista, Title) which features determining the estimated state of aerosol-forming substrate in the cartridge (Batista, paragraph [0029]) and provides the electric heater a supply of power in response to the estimated remaining amount in the cartridge (Batista, paragraph [0034]).
It would have been obvious to one of ordinary skill in the art, prior to the effective filing date, to provide FOR1 with controlling the amount of electric power provided in response to the residual amount of aerosol, as taught by Batista, in order to reduce overall energy consumption of the device (Batista, paragraph [0035]).
Allowable Subject Matter
Claims 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAEL N BABAA whose telephone number is (571)270-3272. The examiner can normally be reached M-F, 9-5 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jerry-Daryl Fletcher can be reached at (571)-270-5054. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NAEL N BABAA/Primary Examiner, Art Unit 3763
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