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 .
Status of the Claims
Claims 1-10 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
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.
Claims 3-4, 9 and 10 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Regarding claim 3, the claim recites a “fourth target temperature”. It is unclear as to what this temperature is related to. For example, the fourth target temperature could be a temperature of the first heater, the second heater, the liquid, the stick or another unrelated component. Furthermore, the fourth target temperature may additionally be for any of the given modes or another unclaimed mode. For examination purposes, the fourth target temperature will be interpreted as any temperature of another mode.
Claim 4 is rejected by virtue of its dependency on claim 3.
Regarding claim 9, the claim recites a “fourth target temperature”. It is unclear as to what this temperature is related to. For example, the fourth target temperature could be a temperature of the first heater, the second heater, the liquid, the stick or another unrelated component. Furthermore, the fourth target temperature may additionally be for any of the given modes or another unclaimed mode. For examination purposes, the fourth target temperature will be interpreted as any temperature of another mode.
Regarding claim 10, the claim recites that the device further comprises “a memory configured to store data relating to the operation mode”. It is unclear if this memory is separate from the “memory configured to store a plurality of liquid temperature profiles” of claim 1, upon which claim 10 depends. The instant specification describes one memory component 14 that may store a plurality of temperature profiles and may also store other related operational data ([0041], [0060], [0142], [0160]). Thus, for examination purposes, the memory of claim 10 and the memory of claim 1 will be considered the same memory component.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 and 5-8 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Silvestrini et al. (US 20160309784 A1).
Regarding claim 1, Silvestrini teaches an aerosol-generating device (aerosol generating device 102; Fig. 1; [0118]) comprising:
a cartridge (first compartment 118; [0120]) comprising a chamber configured to store liquid;
a first heater (heater 106; [0118]) configured to heat the liquid;
a housing (housing 104; [0118]) shaped to define an insertion space;
a second heater (second heater 136; [0126]) configured to heat a stick (second compartment 120; [0120]) located in the insertion space;
a memory configured to store a plurality of liquid temperature profiles for the first heater and a plurality of stick temperature profiles for the second heater ([0014], [0057], [0127] teach that the control circuitry provides profiles based on a user input. This indicates an inherent memory/storage of the device that stores these profiles); and
a controller (control circuitry 134; [0127]) configured to:
set an operation mode of the aerosol-generating device, wherein the set operation mode is one of a plurality of modes ([0057]; [0127]);
determine a target temperature for the first heater based on a liquid temperature profile corresponding to the set operation mode, wherein the liquid temperature profile is among the plurality of liquid temperature profiles ([0127]);
determine a target temperature for the second heater based on a stick temperature profile corresponding to the set operation mode, wherein the stick temperature profile is among the plurality of stick temperature profiles ([0127]), and
wherein the plurality of modes comprises two or more of a first mode corresponding to the liquid, a second mode corresponding to both the stick and the liquid, or a third mode corresponding to the stick ([0127-0129]).
Regarding claim 2, Silvestrini teaches that a first target temperature determined during a heating period based on a first liquid temperature profile corresponding to the first mode (A; Fig. 3; [0128]) is higher than a second target temperature determined during the heating period based on a second liquid temperature profile corresponding to the second mode (B; Fig. 3; [0128]), and wherein the second target temperature is higher than a third target temperature, wherein the third target temperature is based on a third liquid temperature profile corresponding to the third mode (C; Fig. 3; [0128]).
Regarding claim 5, Silvestrini teaches that in the heating period, the controller is configured to: supply first power to the first heater based on the first target temperature ([0128]); and supply second power to the first heater based on the second target temperature ([0128]), the second power being less than the first power (see Fig. 2, A-B).
Regarding claim 6, Silvestrini teaches that in the heating period, the controller is configured to: supply power to the first heater for a first time period based on the first target temperature; and supply power to the first heater for a second time period based on the second target temperature, the second time period being shorter than the first time period ([0128]; see Fig. 2, A-B).
Regarding claim 7, Silvestrini teaches that a first target temperature determined during a heating period based on a first stick temperature profile corresponding to the first mode (D; Fig. 3; [0129]) is higher than a second target temperature determined during the heating period based on a second stick temperature profile corresponding to the second mode (E; Fig. 3; [0129]), and wherein the second target temperature is higher than a third target temperature, wherein the third target temperature is based on a third stick temperature profile corresponding to the third mode (F; Fig. 3; [0129]).
Regarding claim 8, Silvestrini teaches that the first target temperature is maintained constant at a lowest required temperature set for the second heater during the heating period ([0129]).
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.
Claims 3-4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Silvestrini et al. (US 20160309784 A1) as applied to claim 1 above
Regarding claim 3, Silvestrini teaches that each of the third target temperature and a fourth target temperature determined in a preheating period prior to the heating period based on the third liquid temperature profile, is maintained constant at a defined temperature ([0128]; it would be expected that a fourth temperature, such as a target temperature of a fourth mode, is maintained at a constant value).
Silvestrini does not explicitly teach a fourth target temperature determined in a preheating period prior to the heating period based on the third liquid temperature profile that is maintained constant at a defined temperature.
However, before the effective filing date of the claimed invention, it would be obvious to one having ordinary skill in the art that Silvestrini would have a fourth temperature, such as a target temperature of a fourth mode, that is maintained at a constant value, as it would be obvious to one having ordinary skill that more device modes may be created to adapt to different aerosol generating components.
Regarding claim 4, Silvestrini teaches that the defined temperature corresponds to a lowest required temperature of the first heater for generation of an aerosol using the liquid (minimum operating temperature; [0128]).
Regarding claim 9, Silvestrini does not explicitly teach a fourth target temperature determined in a preheating period prior to a heating period based on a first stick temperature profile corresponding to the first mode is higher than a target temperature determined in the preheating period based on any one of a second stick temperature profile or a third stick temperature profile.
However, before the effective filing date of the claimed invention, it would be obvious to one having ordinary skill in the art that Silvestrini would have a fourth temperature, such as a target temperature of a fourth mode that is higher than the target temperature of the second or third stick temperature profiles, as it would be obvious to one having ordinary skill that more modes/heating profiles may be created to adapt to different aerosol generating components.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Silvestrini et al. (US 20160309784 A1) as applied to claim 1 above, and further in view of Aoun et al. (US 20220117307 A1).
Regarding claim 10, Silvestrini teaches an interface configured to receive user input (input 107; [0118]); and a memory configured to store data relating to the operation mode ([0127] teaches that control circuitry provides profiles. One having ordinary skill in the art would recognize that this indicates a memory/storage of the device corresponding to data relating to the operation mode), wherein the controller is configured to: update data relating to the operation mode based on change in the operation mode in response to the user input ([0125], [0127]).
Silvestrini does not explicitly teach that the controller is configured to set the operation mode based on the data relating to the operation mode in response to powering on the aerosol-generating device.
Aoun, directed to an aerosol generating device (induction heating assembly 100; [0483]) comprising a cartridge (material 302a; [0539]), a first heater (heating unit 120; [0485]), a housing defining an insertion space (), a second heater (heating unit 110; [0485]) to heat a stick (material 302b; [0539]), a memory ([0509]), and a controller ([0509]), teaches that the aerosol generating device may be powered on by a push button and set the operation based on a default mode ([0431]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Silvestrini by adding the powering on functionality and corresponding default mode as taught by Aoun because both Silvestrini and Aoun are directed to aerosol generating devices, Aoun teaches that it is known in the art to provide a default operation mode when powering on, and this involves applying a known teaching to a similar device to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Charlotte Davison whose telephone number is (703)756-5484. The examiner can normally be reached M-F 8:00AM-5:00PM.
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/C.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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