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 .
Double Patenting
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.
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Claims 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-7, 17 of U.S. Patent No. US 10,645,972. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims cover the same limitations.
18/790276
10,645,972
Claim 1: An aerosol-generating device comprising: a housing;
an electrical power supply in the housing;
a plurality of semiconductor heaters in the housing, each of the plurality of semiconductor heater including,
a substrate layer, and
a heating layer on the substrate layer, the heating layer of at least one of the plurality of semiconductor heaters including a semiconductor gas sensor such that the heating layer is a combined heating and gas sensing layer; and
a controller configured to control a supply of electrical power from the electrical power supply to each of the plurality of semiconductor heaters, the controller configured to determine an amount of at least one gas based on a measured electrical resistance of the combined heating and gas sensing layer, and
wherein the controller is configured to simultaneously:
control a supply of electrical power from the electrical power supply to the combined heating and gas sensing layer so as to heat the semiconductor gas sensor; and
determine an amount of at least one gas based on a measured electrical resistance of the combined heating and gas sensing layer.
Claim 2: the housing defines a cavity.
Claim 3: the plurality of semiconductor heaters are in the cavity.
Claim 4: the cavity is configured to receive an aerosol-generating article.
Claim 5: wherein the controller is configured to control the supply of electrical power to the combined heating and gas sensing layer in response to a determined amount of the at least one gas within the cavity.
Claim 1: An aerosol-generating device comprising:
an electrical power supply;
a housing defining a cavity, the cavity configured to receive an aerosol- generating article;
a plurality of semiconductor heaters positioned within the housing, each of the plurality of semiconductor heaters including,
a substrate layer, and
a heating layer on the substrate layer, the heating layer being a continuous layer; and
a controller configured to control a supply of electrical power from the electrical power supply to each of the plurality of semiconductor heaters,
wherein the heating layer of at least one of the semiconductor heaters is a combined heating and gas sensing layer,
wherein the controller is configured to measure an electrical resistance of the combined heating and gas sensing layer to determine an amount of at least one gas within the housing, and wherein the controller is configured to simultaneously: control a supply of electrical power from the electrical power supply to the combined heating and gas sensing layer; and
measure the electrical resistance of the combined heating and gas sensing layer to determine an amount of the at least one gas within the housing.
Claims 1 and 4 of the present application cover the same claim limitations as Claim 1 of the Patent. The differences being grammatical and which clauses/claim each element.
Claim 6: The aerosol-generating device according to claim 1, wherein the substrate layer is a common substrate layer, and the heating layers of the plurality of semiconductor heaters are spaced apart from each other and on the common substrate layer.
Claim 2: The aerosol-generating device according to claim 1, wherein each of the plurality of semiconductor heaters shares a same substrate layer, and the heating layer of one of the plurality of semiconductor heaters is spaced apart from the heating layer of another one of the plurality of semiconductor heaters, and the heating layer of each of the plurality of semiconductor heaters is on the substrate layer.
Claim 7: The aerosol-generating device according to claim 1, wherein the heating layer of each of the plurality of semiconductor heaters has a convex polygonal shape.
Claim 3: The aerosol-generating device according to claim 1, wherein the heating layer of each of the plurality of semiconductor heaters has a convex polygonal shape.
Claim 8: The aerosol-generating device according to claim 3, wherein each of the plurality of semiconductor heaters is on an internal surface of the cavity.
Claim 4: The aerosol-generating device according to claim 1, wherein each of the plurality of semiconductor heaters is on an internal surface of the housing.
Claim 9: The aerosol-generating device according to claim 3, wherein the cavity comprises: a planar wall, and the plurality of semiconductor heaters are on the planar wall.
Claim 5: wherein the housing comprises: a planar wall, and wherein the plurality of semiconductor heaters is on the planar wall.
Claim 10: The aerosol-generating device according to claim 1, wherein each of the plurality of semiconductor heaters is substantially planar.
Claim 6: The aerosol-generating device according to claim 1, wherein each of the semiconductor heaters is substantially planar.
Claim 11: The aerosol-generating device according to claim 1, wherein each of the plurality of semiconductor heaters extends over a total area of less than 7 square millimeters.
Claim 7: The aerosol-generating device according to claim 1, wherein each of the semiconductor heaters extends over a total area of less than 7 square millimetres.
Claim 12: The aerosol-generating device according to claim 1, wherein the controller is configured to control the supply of electrical power from the electrical power supply to each of the plurality of semiconductor heaters sequentially.
Claim 17: The aerosol-generating device according to claim 1, wherein the controller is configured to control the supply of electrical power from the electrical power supply to each of the plurality of semiconductor heaters sequentially.
Claims 13-18 are rejected due to their dependency on a rejected claim.
Information Disclosure Statement
The information disclosure statement filed 7/31/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761 1/7/2026