DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-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.
Status of the Claims
Claims 16-30 are pending. Claims 16-30 are new.
Claim Objections
Claims objected to because of the following informalities:
In claim 16, as "an aerosol-generating article" was already introduced in line 5, "an aerosol-generating article" in lines 8-9 should be "the aerosol-generating article";
In claim 21, “whether or not the aerosol-generating device belongs to the first group of aerosol-generating articles” should be “whether or not the aerosol-generating article engaged with the aerosol-generating device belongs to the first group of aerosol-generating articles”;
In claim 30, as “an aerosol-generating article” was already introduced in line 2, “an aerosol-generating article” in lines 7 and lines 11-12 should be “the aerosol-generating article”;
In claim 30, as “a first group” was already introduced in line 8, “a first group” in lines 12-13 should be “the first group”.
Appropriate correction is required.
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)(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 16-30 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Park et al. (US 2024/0206554 A1).
Regarding claim 16, Park discloses a method (Fig. 30) of operating an aerosol-generating system (Fig. 3), the aerosol-generating system comprising:
a heater (“heater 262”, Fig. 3, ¶ 0032),
an aerosol-generating device (“an aerosol-generating device 1000”, Fig. 1, ¶ 0329, where “an aerosol-generating device may include at least one of a body 100, a cartridge 200, or a cap 300”, Fig. 1, ¶ 0024), and
an aerosol-generating article (“stick 400”, Fig. 3, ¶ 0031) engageable with, and disengageable from, the aerosol-generating device (“A stick 400 (refer to FIG. 3) may be inserted into the insertion space 214”, ¶ 0031, and “the stick 400 is removed from the insertion space 214”, ¶ 0283); and
the method comprising:
a first determining step of determining whether or not the aerosol-generating article engaged with the aerosol-generating device belongs to a first group of aerosol-generating articles (the first group of aerosol-generating articles being sticks; “Upon determining that an object has been inserted into the insertion space 214, the aerosol-generating device 1000 may determine whether the object inserted into the insertion space 214 is the stick 400 based on the level of the signal from the photodiode in operation S3005”, ¶ 0314, Fig. 30), then
if the first determining step determines that the aerosol-generating article belongs to the first group of aerosol-generating articles, beginning a step of pre-heating the heater (“When the object inserted into the insertion space 214 is the stick 400, the aerosol-generating device 1000 may supply power to the heater 262 in operation S3006”, ¶ 0315, Fig. 30, wherein the heater performs “a preheating function”, ¶ 0279), and then
a second determining step of determining whether or not the aerosol-generating article engaged with the aerosol-generating device belongs to the first group of aerosol-generating articles (“Upon determining that an object has been inserted into the insertion space 214, the aerosol-generating device 1000 may determine whether the object inserted into the insertion space 214 is the stick 400 based on the level of the signal from the photodiode in operation S3005”, ¶ 0314, Fig. 30; Park discloses repeating operations, including repeating operation S3005 upon a negative response at operation S3012, “the aerosol-generating device 1000 may radiate light through the sensor light source, and may continue to monitor the signal from the photodiode”, ¶ 0324, Fig. 30; the first and second determining steps corresponding to repeating operation S3005 is shown in Fig. 30 below, annotated by examiner).
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Figure 30, Annotated by Examiner
Alternatively regarding claim 16, Park discloses a method (Fig. 30) of operating an aerosol-generating system (Fig. 3), the aerosol-generating system comprising:
a heater (“heater 262”, Fig. 3, ¶ 0032),
an aerosol-generating device (“an aerosol-generating device 1000”, Fig. 1, ¶ 0329, where “an aerosol-generating device may include at least one of a body 100, a cartridge 200, or a cap 300”, Fig. 1, ¶ 0024), and
an aerosol-generating article (“stick 400”, Fig. 3, ¶ 0031) engageable with, and disengageable from, the aerosol-generating device (“A stick 400 (refer to FIG. 3) may be inserted into the insertion space 214”, ¶ 0031, and “the stick 400 is removed from the insertion space 214”, ¶ 0283); and
the method comprising:
a first determining step of determining whether or not the aerosol-generating article engaged with the aerosol-generating device belongs to a first group of aerosol-generating articles (the first group of aerosol-generating articles being sticks; “Upon determining that an object has been inserted into the insertion space 214, the aerosol-generating device 1000 may determine whether the object inserted into the insertion space 214 is the stick 400 based on the level of the signal from the photodiode in operation S3005”, ¶ 0314, Fig. 30).
The limitations of “beginning a step of pre-heating the heater, and then a second determining step of determining whether or not the aerosol-generating article engaged with the aerosol-generating device belongs to the first group of aerosol-generating articles” are contingent limitations which are only required to be performed “if the first determining step determines that the aerosol-generating article belongs to the first group of aerosol-generating articles”. The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met (MPEP § 2111.04(II)). As Park discloses a method in which the condition precedent is not met (i.e., the first determining step does not determine that the aerosol-generating article belongs to the first group of aerosol-generating articles, “when the object inserted into the insertion space 214 is not the stick 400”, ¶ 0320, Fig. 30; where the method in which the first determining step does not determine that the aerosol-generating article belongs to the first group of aerosol-generating articles is shown in Fig. 30 below, annotated by examiner), Park anticipates the claim, and the steps of “beginning a step of pre-heating the heater, and then a second determining step of determining whether or not the aerosol-generating article engaged with the aerosol-generating device belongs to the first group of aerosol-generating articles” are not required.
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Figure 30, Annotated by Examiner
Regarding claim 17, Park discloses the method of according to claim 16, as stated above. Park further discloses wherein the aerosol-generating device comprises an identifier (“first sensor 155”, ¶ 0044) comprising a light source (“The first sensor 155 may include a light-emitting element. . . . The light-emitting element may be referred to as a sensor light source”, ¶ 0145), and one or both of the first determining step and the second determining step comprises the light source illuminating the aerosol-generating article (“the light generated by the sensor light source may be radiated toward the insertion space 214”, ¶ 0311, “when the time period from the time point at which the sensor light source radiates light to the time point at which the photodiode responds to reflected light is shorter than a predetermined time period, the aerosol-generating device 1000 may determine that an object has been inserted into the insertion space 214”, ¶ 0313, and “the aerosol-generating device 1000 may determine whether the object inserted into the insertion space 214 is the stick 400 based on the level of the signal received from the photodiode in operation S3005”, ¶ 0314, Fig. 30).
Regarding claim 18, Park discloses the method of according to claim 17, as stated above. Park further discloses wherein the light source is an infrared light emitting diode (“the sensor light source may radiate infrared radiation having a wavelength of 780 nm to 1 mm. The sensor light source may be implemented as a light-emitting diode (LED)”, ¶ 0146).
Regarding claim 19, Park discloses the method of according to claim 17, as stated above. Park further discloses wherein the identifier further comprises a light receiver (“The first sensor 155 may include . . . a light-receiving element”, ¶ 0145, and “The light-receiving element may be implemented as a photodiode”, ¶ 0148), and one or both of the first determining step and the second determining step further comprises, after the light source illuminating the aerosol-generating article with light, the light receiver receiving light reflected or emitted by the aerosol-generating article (“the light generated by the sensor light source may be radiated toward the insertion space 214”, ¶ 0311, “when the time period from the time point at which the sensor light source radiates light to the time point at which the photodiode responds to reflected light is shorter than a predetermined time period, the aerosol-generating device 1000 may determine that an object has been inserted into the insertion space 214”, ¶ 0313, and “the aerosol-generating device 1000 may determine whether the object inserted into the insertion space 214 is the stick 400 based on the level of the signal received from the photodiode in operation S3005”, ¶ 0314, Fig. 30).
Regarding claim 20, Park discloses the method of according to claim 19, as stated above. Park further discloses wherein the light receiver is a photodiode (“The light-receiving element may be implemented as a photodiode”, ¶ 0148).
Regarding claim 21, Park discloses the method of according to claim 19, as stated above. Park further discloses wherein one or both of the first determining step and the second determining step further comprises analyzing the light received by the light receiver to determine whether or not the aerosol-generating article engaged with the aerosol-generating device belongs to the first group of aerosol-generating articles (“Upon determining that an object has been inserted into the insertion space 214, the aerosol-generating device 1000 may determine whether the object inserted into the insertion space 214 is the stick 400 based on the level of the signal from the photodiode in operation S3005”, ¶ 0314, Fig. 30).
Regarding claim 22, Park discloses the method of according to claim 16, as stated above. Park further discloses wherein the first group of aerosol-generating articles comprises a plurality of sub-groups (“the type of stick 400”, ¶ 0143, which implies a plurality of types, i.e., sub-groups), and the first determining step comprises determining which of the plurality of sub-groups, if any of the plurality of sub-groups, the aerosol-generating article engaged with the aerosol-generating device belongs to (“first sensor 155” may sense “information about the type of stick 400 inserted into the insertion space 214”, ¶ 0143).
Regarding claim 23, Park discloses the method of according to claim 16, as stated above. Park further discloses wherein the first group of aerosol-generating articles comprises a plurality of sub-groups (“the type of stick 400”, ¶ 0143, which implies a plurality of types, i.e., sub-groups), and the second determining step comprises determining which of the plurality of sub-groups, if any of the plurality of sub-groups, the aerosol-generating article engaged with the aerosol-generating device belongs to (“first sensor 155” may sense “information about the type of stick 400 inserted into the insertion space 214”, ¶ 0143).
Regarding claim 24, Park discloses the method of according to claim 16, as stated above. Park further discloses, prior to the first determining step, a presence determining step of determining whether an aerosol-generating article is engaged with the aerosol-generating device (“The aerosol-generating device 1000 may determine whether an object is inserted into the insertion space 214 based on the signal from the photodiode in operation S3004”, ¶ 0313, Fig. 30),
wherein the first determining step is carried out only if the presence determining step determines that an aerosol-generating article is engaged with the aerosol-generating device (see steps S3004 and S3005 in Fig. 30).
Regarding claim 25, Park discloses the method of according to claim 16, as stated above. Park further discloses following the first determining step, if the first determining step determines that the aerosol-generating article engaged with the aerosol-generating device does not belong to the first group of aerosol-generating articles, preventing beginning the step of pre-heating the heater until the first determining step is repeated and determines that the aerosol-generating article engaged with the aerosol-generating device does belong to the first group of aerosol-generating articles (as seen in Fig. 30, if the first determining step at S3005 determines that the aerosol-generating article engaged with the aerosol-generating device does not belong to the first group of aerosol-generating articles, power is not supplied to the heater, S3009, ¶ 0320, until the aerosol-generating article engaged with the aerosol-generating device that does not belong to the first group of aerosol-generating articles is removed, S3011, ¶ 0322, and the first determining step S3005 may repeat until the aerosol-generating article engaged with the aerosol-generating device does belong to the first group of aerosol-generating articles).
Regarding claim 26, Park discloses the method of according to claim 16, as stated in the alternative rejection of claim 16 above. The limitation of claim 26 further limits the contingent limitation of the second determining step. The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met (MPEP § 2111.04(II)). As Park discloses that the second determining step does not need to be performed, as discussed in the alternative rejection of claim 16 above, Park anticipates the claim.
Regarding claim 27, Park discloses the method of according to claim 16, as stated in the alternative rejection of claim 16 above. The limitation of claim 27 further limits the contingent limitation of the second determining step. The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met (MPEP § 2111.04(II)). As Park discloses that the second determining step does not need to be performed, as discussed in the alternative rejection of claim 16 above, Park anticipates the claim.
Regarding claim 28, Park discloses the method of according to claim 16, as stated in the alternative rejection of claim 16 above. The limitation “a main heating step during which at least a portion of the aerosol-generating article is heated so as to form an aerosol” is a contingent limitation which is not required to be performed if the second determining step does not “determine[] that the aerosol-generating article belongs to the first group of aerosol-generating articles”. The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met (MPEP § 2111.04(II)). As Park discloses that the second determining step does not need to be performed, as discussed in the alternative rejection of claim 16 above, Park anticipates the claim.
Regarding claim 29, Park discloses the method of according to claim 16, as stated in the alternative rejection of claim 16 above. The limitation “preventing a main heating step until the second determining step is repeated and determines that the aerosol-generating article engaged with the aerosol-generating device does belong to the first group of aerosol-generating articles” is a contingent limitation which is not required to be performed if the second determining step does not “determine[] that the aerosol-generating article does not belong to the first group of aerosol-generating articles”. The broadest reasonable interpretation of a method (or process) claim having contingent limitations requires only those steps that must be performed and does not include steps that are not required to be performed because the condition(s) precedent are not met (MPEP § 2111.04(II)). As Park discloses that the second determining step does not need to be performed, as discussed in the alternative rejection of claim 16 above, Park anticipates the claim.
Regarding claim 30, Park discloses an aerosol-generating device (“an aerosol-generating device 1000”, Fig. 1, ¶ 0329, where “an aerosol-generating device may include at least one of a body 100, a cartridge 200, or a cap 300”, Fig. 1, ¶ 0024) configured to engage with, and disengage from, an aerosol-generating article (“stick 400”, Fig. 3, ¶ 0031, as “A stick 400 (refer to FIG. 3) may be inserted into the insertion space 214”, ¶ 0031, and “the stick 400 is removed from the insertion space 214”, ¶ 0283) comprising an aerosol-forming substrate (“stick 400 may contain a medium”, ¶ 0049), the aerosol-generating device comprising:
at least a portion of a heater (“heater 262”, Fig. 3, ¶ 0032) configured to heat the aerosol-forming substrate of the aerosol-generating article when the aerosol-generating article is engaged with the aerosol-generating device (“transfer of heat . . . to the stick 400”, ¶ 0326);
an identifier (“first sensor 155”, ¶ 0044, where “first sensor 155” includes a “sensor light source” and a “photodiode”, ¶ 0145, 0148) configured to determine whether or not an aerosol-generating article engaged with the aerosol-generating device belongs to a first group of aerosol-generating articles (the first group of aerosol-generating articles being sticks; “the light generated by the sensor light source may be radiated toward the insertion space 214”, ¶ 0311, “when the time period from the time point at which the sensor light source radiates light to the time point at which the photodiode responds to reflected light is shorter than a predetermined time period, the aerosol-generating device 1000 may determine that an object has been inserted into the insertion space 214”, ¶ 0313, and “the aerosol-generating device 1000 may determine whether the object inserted into the insertion space 214 is the stick 400 based on the level of the signal received from the photodiode”, ¶ 0314); and
a controller (“controller 1700”, ¶ 0329) configured to control the aerosol-generating device (“The controller 1700 may control the sensor light source to radiate light, may determine whether an object is inserted into the insertion space 214 based on a signal received from the photodiode, and, when an object is inserted into the insertion space 214, may determine whether the object inserted into the insertion space 214 is a stick 400 based on a signal received from the photodiode”, ¶ 0329) to performing:
a first determining step of determining whether or not an aerosol-generating article engaged with the aerosol-generating device belongs to the first group of aerosol-generating articles (“Upon determining that an object has been inserted into the insertion space 214, the aerosol-generating device 1000 may determine whether the object inserted into the insertion space 214 is the stick 400 based on the level of the signal from the photodiode in operation S3005”, ¶ 0314, Fig. 30), then
if the first determining step determines that the aerosol-generating article belongs to the first group of aerosol-generating articles, beginning a step of pre-heating the heater (“When the object inserted into the insertion space 214 is the stick 400, the aerosol-generating device 1000 may supply power to the heater 262 in operation S3006”, ¶ 0315, Fig. 30, wherein the heater performs “a preheating function”, ¶ 0279), and then
a second determining step of determining whether or not the aerosol-generating article engaged with the aerosol-generating device belongs to the first group of aerosol-generating articles (“Upon determining that an object has been inserted into the insertion space 214, the aerosol-generating device 1000 may determine whether the object inserted into the insertion space 214 is the stick 400 based on the level of the signal from the photodiode in operation S3005”, ¶ 0314, Fig. 30; Park discloses repeating operations, including repeating operation S3005 upon a negative response at operation S3012, “the aerosol-generating device 1000 may radiate light through the sensor light source, and may continue to monitor the signal from the photodiode”, ¶ 0324, Fig. 30; the first and second determining steps corresponding to repeating operation S3005 is shown in Fig. 30 below, annotated by examiner).
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Figure 30, Annotated by Examiner
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY G CULBERT whose telephone number is (571)270-0874. The examiner can normally be reached Monday-Friday 9am-4pm.
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/COURTNEY G CULBERT/Examiner, Art Unit 1747
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