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 § 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 1-7, 9-16, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Moloney et al. (US 2021/0093011).
Claims 1, 9, and 10. Moloney et al. discloses an apparatus 100 (inhaler) for generating aerosol from an aerosolizable medium. The apparatus 100 may be used to heat a replaceable article 102 comprising an aerosolizable medium, to generate an aerosol or other inhalable medium which is inhaled by a user of the apparatus 100 ([0021]; Figure 1). The apparatus 100 has a receptacle, or heating chamber 112 (container) which is configured to receive the article 102 (flavor stick) to be heated. The heating chamber 112 is generally in the form of a hollow cylindrical tube into which an article 102 comprising aerosolizable medium is inserted for heating in use ([0023]; Figure 3). The apparatus 100 comprises one or more aerosol generating elements. In one example, the aerosol generating elements are in the form of a heater arrangement 120 arranged to heat the article 102 located within the chamber 112 ([0024]; Figure 3). The apparatus 100 includes an electronics compartment 114 that houses electrical control circuitry or controller 116 and/or a power source 118, such as a battery ([0025]; Figure 3). The controller 116 is configured to receive one or more inputs/signals from the sensor arrangement 122a, 122b. The controller 116 may also receive a signal from the control element 110 and activate the heater arrangement 120 in response to the received signal and the received inputs ([0026]; Figure 3). The sensor arrangement 122a, 122b comprises a first sensor 122a and a second sensor 122b that are spaced apart from each other at approximately the same distance as the first marker and the second marker ([0030]; Figure 3). The article 102 also comprises a marker arrangement 126 that is configured to be sensed by the sensor arrangement 122a (second sensor), 122b (first sensor) of the apparatus 100. The marker arrangement 126 includes a first marker 126a and a second marker 126b comprising identification information. The first marker 126a is configured to be sensed by the sensor arrangement 122a, 122b to indicate the presence of the article 102. The first marker 126a may be made up of one or more marker elements, as described below ([0033]; Figure 4). The second marker 126b may be made up of one or more marker elements and represents encoded information indicative of a parameter or characteristic of the article 102 ([0034]; Figure 4). The sensor arrangement 122a, 122b may provide a first input (detection value) to the controller 116 to indicate that an article 102 comprising a first marker 126a has been detected. Upon receipt of the first input, the controller 116 may be configured to signal the sensor arrangement 122a, 122b to operate in a second mode to sense the second marker 126b. In an alternative example, the sensor arrangement 122a, 122b may be configured to sense the first marker 126a and the second marker 126b simultaneously ([0051]). The second marker 126b includes marker elements that are configured to be sensed by the sensor arrangement 122a, 122b to enable a parameter associated with the article 102 to be determined by the controller 116. In the example shown in FIG. 4, the second marker comprising identification information 126b includes four marker elements in the form of lines. The marker elements are spaced form each other at varying distances. The arrangement of the marker elements is indicative of a parameter of the article 102. For example, the arrangement of the marker elements may be indicative of the article 102 being a genuine article 102 intended for use with the apparatus 100, or it could be indicative of the heating profile to be used with this article 102. The sensor arrangement 122a, 122b is configured to provide a second input (detection value) indicative of the parameter of the article 102 to the controller 116 ([0052]). The controller 116 may comprise pre-programmed information, such as a look-up table, that includes details of the various possible arrangements of the second marker 126b, 226b and what parameter is associated with each arrangement. Therefore, the controller 116 is able to determine the parameter associated with the article 102, 202 ([0063]).
Claims 2 and 11. Moloney et al. discloses that the controller 116 may be arranged so that it will only heat an article 102, 202 that it recognizes, and will not operate in conjunction with an article 102, 202 that it does not recognize. The apparatus 100 may be arranged so that it provides some indication to the user that the article 102, 202 has not been recognized. This indication may be visual (for example a warning light, which may for example flash or be illuminated continuously for a period of time) and/or audible (for example a warning “beep” or the like) ([0064]).
Claims 3, 4, 19, and 20. Moloney et al. discloses that the sensor arrangement can be configured to determine a relative position between the first marker and a second marker. For example, the relative position may be expressed as a distance apart or a vector. The relative positioning of the first marker and the second marker can be used impart information about the article. For example, the spacing between the two markers may be used in a look up table to determine information and/or parameters relating to the consumable, such as a type of aerosolizable medium, a heating profile to use and/or whether the article is genuine ([0046]). The first signal 240 shown in FIG. 8 may be provided to the controller 216 as a first input, which determines whether the position and size of the first marker 226a indicates that the article 202 is genuine or not, for example, by using a look-up table (determine whether the detection value of the first sensor falls inside or outside the range indicated by first range information). If the controller 216 determines that the first marker 226a is indicative of the article 202 being genuine, then the sensor arrangement 222a, 222b will switch to a second mode wherein power is supplied to the to the light source 232b and light receiver 234b to enable the second sensor 222b to sense the second marker 226b. The second signal 242 shown in FIG. 8 may be provided to the controller 216 as a second input. The controller 116 determines identification information of the article 202, for example, by using a look-up table. The second input is indicative of a parameter of the article 202 and so enables the controller 116 to determine the parameter of the article 202 (determine whether the detection value of the second sensor falls inside or outside the range indicated by second range information) ([0060]). The controller 116 may comprise pre-programmed information, such as a look-up table, that includes details of the various possible arrangements of the second marker 126b, 226b and what parameter is associated with each arrangement. Therefore, the controller 116 is able to determine the parameter associated with the article 102, 202 ([0063]).
Claim 5. Moloney et al. discloses that the sensor arrangement comprises a capacitive sensor (Claim 9; [0055]-[0056]).
Claims 6 and 7. Moloney et al. discloses that capacitive sensing as used herein operates by effectively sensing a change in capacitance when the article 102 is located within the apparatus 100. In effect, in an embodiment, a measure of the capacitance is obtained. If the capacitance meets one or more criteria, it may be decided that the article 102 is suitable for use with the apparatus 100, which can then proceed to operate as normal to heat the aerosolizable medium. Otherwise, if the capacitance does not meet the one or more criteria, it may be decided that the article 102 is not suitable for use with the apparatus 100, and the apparatus 100 does not function to heat the aerosolizable medium and/or may issue some warning message to the user. In general, capacitive sensing may work by providing the apparatus 100 with (at least) one electrode which in effect provides one “plate” of a capacitor, with the other “plate” of the capacitor being provided by the electrically conducting marker arrangement 126 of the apparatus 100 mentioned above. When the article 102 is inserted into the apparatus 100, a measure of the capacitance formed by the combination of the electrode of the apparatus 100 and the article 102 can be obtained, and then compared to one or more criteria to determine whether the apparatus 102 can then proceed to heat the article 102. As an alternative, the apparatus 100 may be provided with (at least) two electrodes, which in effect provide the pair of “plates” of a capacitor. When the article 102 is inserted into the apparatus 100, it is inserted between the two electrodes. As a result, the capacitance formed between the two electrodes of the apparatus 100 changes. A measure of this capacitance formed by the two electrodes of the apparatus 100 can be obtained, and then compared to one or more criteria to determine whether the apparatus 100 can then proceed to heat the article 102 ([0055]).
Claim 12. Moloney et al. discloses that capacitive sensing as used herein operates by effectively sensing a change in capacitance when the article 102 is located within the apparatus 100 (in prescribed state). In effect, in an embodiment, a measure of the capacitance is obtained. If the capacitance meets one or more criteria, it may be decided that the article 102 is suitable for use with the apparatus 100, which can then proceed to operate as normal to heat the aerosolizable medium ([0055]). The controller 116 may be arranged so that it will only heat an article 102, 202 that it recognizes, and will not operate in conjunction with an article 102, 202 that it does not recognize ([0064]).
Claim 13. Moloney et al. discloses that if the first marker 126a has been sensed by the first sensor 122a and the second marker 126b does not then line up (not inserted in prescribed state) with the second sensor 122b, then the second sensor 122b may not be able to read the identification information of the second marker 126b. As a result, matching the spacing between the first sensor 122a and the second sensor 122b and the first marker 126a and the second marker 126b provides an authenticity check of the article 102 and the apparatus 100 may be prevented from operating if the spacing does not match ([0043]).
Claim 14. Moloney et al. discloses that the apparatus 100 may be provided with (at least) two electrodes, which in effect provide the pair of “plates” of a capacitor. When the article 102 is inserted into the apparatus 100, it is inserted between the two electrodes. As a result, the capacitance formed between the two electrodes of the apparatus 100 changes. A measure of this capacitance formed by the two electrodes of the apparatus 100 can be obtained, and then compared to one or more criteria to determine whether the apparatus 100 can then proceed to heat the article 102 ([0055]).
Claims 15 and 16. Moloney et al. discloses that the marker arrangement 126 may comprise optical features such as lines, gaps or notches, surface roughness, and/or reflective material. The second marker 126b may comprise optical features such as a barcode or a QR code ([0038]). Where optical sensing is used on its own or in combination with some other sensing, such as capacitive sensing, the marker arrangement 126 is preferably provided on the outside of the article 102 so that the marker arrangement 126 is visible to the sensor arrangement 122a, 122b of the apparatus 100 ([0041]). Moloney et al. further teaches an optical sensor arrangement 222a, 222b. In this example, the sensor arrangement 222a, 222b comprises a first sensor 222a in the form of a first light source 232a, such as an LED, and first light receiver 234a, such as light sensor, and a second sensor 222b in the form of a second light source 232b and a second light receiver 234b. The light receivers 234a, 234b are configured to receive light from the light sources 232a, 232b. In use, as the article 202 is located next to the sensors arrangement 222a, 222b in between the light sources 232a, 232b and the receivers 234a, 234b, the article 202 blocks the light and prevents it from being received at the receivers 234a, 234b. In other examples, the article 202 reduces the amount of light being received at the receivers 234a, 234b, rather than blocking it. However, light is not blocked in the location of the marker elements in the form of a notches. Therefore, the quantity of light received at the receivers 234a, 234b will vary across the length of the article 202 depending on whether a notch (shape) is within the light path between the light sources 232a and the receivers 234 or not. In this example, the first sensor 222a of the sensor arrangement is spaced from the second sensor of the sensor arrangement 222b by a distance S2 ([0058]; Figure 7).
Claims 1, 5, 9, 10, 12, 13, 15, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (WO2021060768A1).
Claim 1. Lee et al. discloses an aerosol generating device 800 (inhaler) according to an embodiment may include a cigarette 810 (flavor stick), a first sensor 830a, a second sensor 830b, a controller 850, and a battery 11. The cigarette 810 is inserted into a cigarette insertion hole (container) provided in the aerosol generating device 800 to thereby allow a first segment 810a (first rod portion on a distal end side) and a second segment 810b (second rod portion on a back end side) of the cigarette 810 to be arranged close to the first sensor 830a (first sensor) and the second sensor 830b (second sensor) (Figure 8; [102]). The first sensor 830a detects the first segment 810a of the cigarette 810, and the second sensor 830b detects the second segment 810b of the cigarette 810 (Figure 8; [104]). The first sensor 830a monitors a position corresponding to the first segment 810a in the entire cigarette 810. When the first segment 810a has a unique identification element (i.e., first identification element) for distinguishing the first segment 810a from the second segment 810b, the first sensor 830a transmits, to the controller 850, a result (detection value) of detecting the first identification element in the first segment 810a. Likewise, the second sensor 830b monitors a position corresponding to the second segment 810b in the entire cigarette 810. If the second segment 810b has a unique identification element (i.e., second identification element) for distinguishing the second segment 810b from the first segment 810a, the second sensor 830b transmits to the controller 850, a result (detection value) of detecting the second identification element in the second segment 810b (Figure 8; [105]). The controller may be embodied as various numbers of hardware, software and/or firmware structures that execute respective functions described above. At least one of these components may use a direct circuit structure, such as a memory, a processor, a logic circuit, a look-up table, etc. that may execute the respective functions through controls of one or more microprocessors or other control apparatuses ([138]).
Claim 5. Lee et al. discloses that the first sensor 830a may be a capacitive sensor ([107]). The second sensor 830b performs, with respect to the second segment 810b, the same function as the first sensor 830a ([109]).
Claims 9 and 10. Lee et al. discloses an aerosol generating device 800 (inhaler) including a cigarette 810 (flavor stick), a first sensor 830a, a second sensor 830b, a controller 850, and a battery 11. The cigarette 810 is inserted into a cigarette insertion hole (container) provided in the aerosol generating device 800 to thereby allow a first segment 810a (first rod portion on a distal end side) and a second segment 810b (second rod portion on a back end side) of the cigarette 810 to be arranged close to the first sensor 830a (first sensor) and the second sensor 830b (second sensor) (Figure 8; [102]). The first sensor 830a detects the first segment 810a of the cigarette 810, and the second sensor 830b detects the second segment 810b of the cigarette 810 (Figure 8; [104]). The first sensor 830a monitors a position corresponding to the first segment 810a in the entire cigarette 810. When the first segment 810a has a unique identification element (i.e., first identification element) for distinguishing the first segment 810a from the second segment 810b, the first sensor 830a transmits, to the controller 850, a result (detection value) of detecting the first identification element in the first segment 810a. Likewise, the second sensor 830b monitors a position corresponding to the second segment 810b in the entire cigarette 810. If the second segment 810b has a unique identification element (i.e., second identification element) for distinguishing the second segment 810b from the first segment 810a, the second sensor 830b transmits to the controller 850, a result (detection value) of detecting the second identification element in the second segment 810b (Figure 8; [105]). An automatic heating algorithm which automatically heats a heater by detecting that the cigarette 810 is fully inserted may be executed by the controller 850. To this end, the controller 850 has to confirm that the cigarette 810 is appropriate for use in the aerosol generating device 800 and identify temperature profiles for the two types of aerosol generating substrates included in the cigarette. In more detail, after the cigarette 810 is inserted into the cigarette insertion hole such that both the first segment 810a and the second segment 810b including the aerosol generating substrates are positioned in the cigarette insertion hole, compatibility of the cigarette 810 and types of aerosol generating substrates included in the cigarette 810 need to be identified. If the two conditions are satisfied (determining whether the flavor stick is inserted in the prescribed state), the heater may be automatically heated by the controller 850 ([106]). The method may be implemented in the form of a computer program that may be executed on a computer through various components, and such a computer program may be recorded in a computer-readable recording medium. At this time, the computer-readable recording medium may be a magnetic medium (e.g., a hard disk, a floppy disk, and a magnetic tape), an optical recording medium (e.g., a CD-ROM and a DVD), a magneto-optical medium (e.g., a floptical disk), and a hardware device specifically configured to store and execute program instructions (e.g., a ROM, a RAM, and a flash memory) ([135]).
Claims 12 and 13. Lee et al. discloses that the aerosol generating device 800 (inhaler) includes a heater, and the controller 850 executes an automatic heating algorithm which automatically heats the heater when it is detected that the cigarette 810 is fully inserted (prescribed state) and is an appropriate cigarette to be used in the device (and conversely does not heat the heater when it is detected that the cigarette is not appropriate/not fully inserted) ([105]-[106]).
Claim 15. Lee et al. discloses that the first sensor 830a and the second sensor 830b may be optical sensors for measuring reflection, a refractive index, and the like of light ([132]). The first segment 810a may have unique properties in thickness, area, weight, color, pattern, hardness, resistance, reflectivity, etc. such that the first segment 810a may be detected by the above-described sensor. In one or more embodiments, the identification element of the first segment 810a may be provided by wrapping paper surrounding the aerosol generating substrate included in the first segment 810a, and may include physical properties (e.g., thickness, area, weight, color, pattern, hardness, resistance, reflectivity, and the like) which may be detected (i.e., identified) by the first sensor 830a ([107]). The second sensor 830b performs, with respect to the second segment 810b, the same function as the first sensor 830a ([109]).
Claim 16. Lee et al. discloses that the cigarette may include a first identification element in the first segment and a second identification element in the second segment, wherein at least one of a thickness, an area, a weight, a pattern, a shape, a material, and a color is different between the first identification element and the second identification element ([31]).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Moloney et al. (US 2021/0093011).
Claim 8. Moloney et al. discloses the flavor inhaler of claim 7 but does not explicitly disclose wherein the second sensor has a third electrode and a fourth electrode disposed at a distance from each other and detects a capacitance between the third electrode and the fourth electrode, and the third electrode and the fourth electrode are disposed across a space in which the second rod portion is accommodated such that, when the flavor stick is accommodated in the container, at least part of the second rod portion is inserted between the third electrode and the fourth electrode.
However, Moloney et al. does teach capacitive sensing which operates by effectively sensing a change in capacitance when the article 102 is located within the apparatus 100. In effect, in an embodiment, a measure of the capacitance is obtained. If the capacitance meets one or more criteria, it may be decided that the article 102 is suitable for use with the apparatus 100, which can then proceed to operate as normal to heat the aerosolizable medium. Otherwise, if the capacitance does not meet the one or more criteria, it may be decided that the article 102 is not suitable for use with the apparatus 100, and the apparatus 100 does not function to heat the aerosolizable medium and/or may issue some warning message to the user. In general, capacitive sensing may work by providing the apparatus 100 with (at least) one electrode which in effect provides one “plate” of a capacitor, with the other “plate” of the capacitor being provided by the electrically conducting marker arrangement 126 of the apparatus 100 mentioned above. When the article 102 is inserted into the apparatus 100, a measure of the capacitance formed by the combination of the electrode of the apparatus 100 and the article 102 can be obtained, and then compared to one or more criteria to determine whether the apparatus 102 can then proceed to heat the article 102. As an alternative, the apparatus 100 may be provided with (at least) two electrodes, which in effect provide the pair of “plates” of a capacitor. When the article 102 is inserted into the apparatus 100, it is inserted between the two electrodes. As a result, the capacitance formed between the two electrodes of the apparatus 100 changes. A measure of this capacitance formed by the two electrodes of the apparatus 100 can be obtained, and then compared to one or more criteria to determine whether the apparatus 100 can then proceed to heat the article 102 ([0055]).
It would have been obvious to one of ordinary skill in the art before the effective filing date that the inhaler may comprise a third and fourth electrode wherein capacitance is measured between the third and fourth electrodes because mere duplication of parts has no patentable significance unless a new and unexpected result is produced (See MPEP § 2144.04(VI)(B)).
Allowable Subject Matter
Claims 17 and 18 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.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art is Moloney et al. (US 2021/0093011) and Lee et al. (WO2021060768A1). Moloney et al. and Lee et al. both teach the flavor inhaler of claim 1 but neither reference teaches wherein the first rod portion comprises a heat generator, the first sensor comprises an induction coil configured to generate a varying electromagnetic field to heat the heat generator through electromagnetic induction and to detect the heat generator based on a change in a magnetic field of the induction coil caused by the heat generator, and the second sensor is a metal sensor configured to detect the heat generator.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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, Michael Wilson can be reached at (571)270-3882. 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.
/KATHERINE A WILL/Primary Examiner, Art Unit 1747
Prosecution Insights