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 § 103
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.
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.
Claim(s) 1, 3, 5, 7-9, 12, 13, 15, 17-19, 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Shekar et al. (WO2015/107552; hereinafter Shekar) in view of Ampolini et al. (U.S. Publication 2014/0270727; hereinafter Ampolini) and Blake et al (US 2003/0226837)
Regarding claim 1, Shekar discloses an aerosol delivery device (Figs. 1 and 2, Title, Abstract) comprising:
at least one housing ( 115) defining a reservoir to retain an aerosol precursor composition (cartridge 117 contains an precursor composition to be aerosolized by the heating element-see abstract);
an electrically powered heater/atomizer shown by the heating element ( 118) contained within the at least one housing ( 115) for aerosolization or atomization of the aerosol precursor composition;
an application specific integrated circuit ( 112, page 7 second paragraph discloses that 112 may comprise an application based integrated circuit; See also Page 10 third paragraph) integrating a plurality of functions within a single circuit as illustrated in Figures 2 and 3 wherein the plurality of functions is disclosed from page 8, line 15 to page 10, line 7 in Shekar which includes processing the functions of the heating element and its power including voltage and current conditions using a pulse width modulation, monitoring a puff length and a puff volume, detecting the resistance of heating element and its discharge voltage, and etc., among other functions wherein the integrated circuit is contained within the at least one housing ( 115) configured to:
manage a battery that is configured to power the aerosol delivery device (battery 114-page 6, second paragraph; Page 4, first paragraph; regulates the temperature of 118, regulates charging/discharging of the power source 114; See also controller 212, which may be an ASIC, CPU, etc.- page 8, last paragraph-that regulates the amount of power supplied to heating element 218 via power source 214);
output a signal indicating detection of a flow of air through at least the portion of the housing based at least in part on an input from a flow sensor (Flow sensor 125/225 operatively connected to 112/212 that measures air flow or pressure and sends signal to 112; Page 5, last paragraph; Page 6, second paragraph; See also sensor 225 that senses airflow whenever a puff is taken and provides an input signal to controller 212, which in response activates heating element 218-page 9, second paragraph-where controller 212 may be an ASIC-page 8, last paragraph; power source 214);
cause activation of the atomizer to vaporize/atomizer components of the aerosol precursor composition in response to detection of the flow of air (Page 6, second paragraph; See also sensor 225 that senses airflow whenever a puff is taken and provides an input signal to controller 212, which in response activates heating element 218-page 9, second paragraph-where controller 212 may be an ASIC-page 8, last paragraph; power source 214); and
control a power level of the atomizer based on a signal input to the ASIC ( 112), the signal input being from a component of the aerosol delivery device other than the flow sensor ( 125/225) (page 5, last paragraph to page 6, first paragraph; sensor 125 is connected to 112 and may comprise a group of sensors that measures air flow, temperature change, pressure change or any other physical or electrical parameters ... 112 is configured to detect the resistance of heater and control and monitor the voltage of the battery; Detecting the resistance of the heater and controlling the battery is considered to correspond to a signal input other than from the flow sensor).
But, Shekar is silent on a microprocessor contained within the at least one housing, external to the ASIC and operatively coupled to the ASIC, the microprocessor being configured to receive the signal output from the ASIC indicating detection of the flow of air, and in response, and in at least one instance the microprocessor being configured to awaken from an inactive state. Shekar is further silent on the managing a battery being based on an input from a microprocessor of the aerosol delivery device wherein the battery is disconnected to power the aerosol delivery device upon detection of an over-voltage and over-current.
Along the same field of endeavor (Figures 1, 2, and 5; Title; Abstract), Ampolini teaches a microprocessor contained within the at least one housing, external to the ASIC and operatively coupled to the ASIC (paragraphs 0081-0082; processing circuitry 310 may include processor 370 and an ASIC; operative communication with each other and can be collectively configured to perform one or more functionalities of apparatus 300; See also paragraph 0031, multiple control components combined in a unitary element or at separate locations within the smoking article), in at least one instance the microprocessor being configured to receive the signal output from the ASIC indicating detection of the flow of air (puff sensor 270 communicates with integrated circuit- discrete unit of processor 370-para. 0088; 270 detects pressure differential-"puff'- and outputs a signal to processor 370) (Since processing circuitry 310 is disclosed as including the microprocessor and ASIC, that are in operative communication with each other and collectively configured to perform one or more functionalities of apparatus-see paragraphs 0081-0082-the microprocessor is, therefore, configured to, in at least one instance receive the signal output from the ASIC indicating detection of the flow of air, since the microprocessor and the ASIC are in operative communication with one another), and in response, the microprocessor being configured to awaken from an inactive state (paragraph 0096, controller 360/370 is powered down and awaiting a signal from the puff sensor, or other user interaction-In OFF mode, there is no power supplied to the controller 360/processor 370). Ampolini further teaches managing a battery (340) based on an input from the microprocessor (paragraphs 0081-0082;
processing circuitry 310 may include processor 370 and an ASIC; operative communication with each other and can be collectively configured to perform one or more functionalities of apparatus 300; See also paragraph 0031, multiple control components combined in a unitary element or at separate locations within the smoking article) (See paragraphs 0064, 0066, 0073; "...during the heating time period, may be configured to continually or periodically monitor the actual power directed to the heating component 320 from the power source 340, to compare that actual power to the average power (i.e., the selected power set point associated with the power source 340), and then adjust, as necessary, the average power directed from the power source 340 to the heating component 320...;" "In response to the control component, the processor 370 may be configured to at least direct the power source 340 to provide an average power to the heating component 320. For example, the processor 370 may be configured to include information related to the necessary electrical current directed to the heating component 320 to cause the heating component 320 to attain a temperature ... may determine and control the average power (i.e., the voltage of the power source 340 multiplied by the necessary electrical current directed to the heating component 320) that is directed to the heating component 320 upon actuation by the control component ... ;" "...configured to then compare the actual power experienced by the heating component 320 to the average power ...to adjust the average power (i.e., the selected power set point) directed to the heating component 320 so as to adjust or otherwise direct the actual power directed toward the heating component 320 toward the selected power set point ...").
Ampolini also teaches controlling a power level of the hating element based on a signal input, the signal input being from a component of the aerosol delivery device other than the flow sensor (para 0034; capacitive sensing components that “allows for diverse types of ‘power-up’ and/or ‘power down’ for one or more components of the device.” "For example, a touch pad can be present on the smoking article that allows the user to input a variety of commands Most basically, the touch pad can provide for powering the heating element much in the same manner as a push button, as already described above.') (See also paragraph 0035: ''Sensors utilized in the present articles can expressly signal for power flow to the heating element so as to heat the substrate including the aerosol precursor material and form a vapor or aerosol for inhalation by a user.
Sensors also can provide further functions. For example, a "wake-up" sensor can be included Other sensing methods providing similar function likewise can be utilized according to the disclosure.") (Alternatively, Ampolini also teaches circuitry for controlling current to the heating element-para. 0036. Paragraph 0037 discloses time based control such that the ''circuit includes a means for permitting uninterrupted current flow through the heating element for an initial time period during draw, and a timer means for subsequently regulating current flow until draw is completed." Paragraph 0038: "...the current regulating component can function to stop current flow to the resistive heating element once a defined temperature has been achieved ... The current regulating component likewise can cycle the current to the resistive heating element off and on once a defined temperature has been achieved so as to maintain the defined temperature for a defined period of time. '). Ampolini, therefore, teaches controlling the power level to the heating element based on a signal input from sources other than the flow sensor. Ampolini also teaches that, with respect to temperature regulating control, such "controlling can improve the response time of the article for aerosol formation such that aerosol formation begins almost instantaneously upon initiation of a puff by a consumer" (para. 0039).
The advantage of combining the teachings of Ampolini is that in doing so would provide separate control structures (ASIC and processor) for carrying out different control functions thereby providing a wider variety and a more customized level of control (para. 0031 and 0083), as well as, reducing current/power consumption of the device, thereby increasing energy efficiency (para. 0096).
Blake discloses it is known to provide a smoke system having a rechargeable battery wherein the battery is disconnected or is disconnected if over discharging occurs including when the current drawn from the battery is above a threshold (i.e., over-current) and when the voltage of the battery rises above a threshold level (i.e., over-voltage) to prevent damages (i.e., battery becoming hot, catching fire, explode) to the system (para 0005 and 0054). Blake further shows an application specific integrated circuit (ASIC 406) that is used to used to monitor the voltage of the battery and current flowing from the battery (para 0054).
Therefore, in view of Ampolini, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Shekar with Ampolini, by adding to the ASIC of Shekar, the teachings of Ampolini, to provide separate control structures (ASIC and processor) for carrying out different control functions thereby providing a wider variety and a more customized level of control (para. 0031 and 0083), as well as, reducing current/power consumption of the device, thereby increasing energy efficiency (para. 0096). Furthermore, it would have been obvious to someone with ordinary skill in the art to control the power level to the heating element based on a signal input from a source other than the flow sensor, as detailed in Ampolini, for in doing so would provide a control routine that "can improve the response time of the article for aerosol formation such that aerosol formation begins almost instantaneously upon initiation of a puff by a consumer" (para. 0039); and in view of Blake, it would have been obvious to one of ordinary skill in the art to adapt Shekar with managing the battery that includes disconnecting the battery from powering the heating element/atomizer of the aerosol delivery upon detection of over-current and/or over-voltage which can cause damages to the heating system and thus ensure safe use of the aerosol delivery system.
Regarding claim 3, the primary combination of Shekar, Ampolini, and Blake, as applied in claim 1 teaches each claimed limitation.
Shekar further discloses the ASIC being configured to direct power from the
battery to the heating element to cause activation of the heating element in response to the detection of the flow of air through at least the portion of the housing ( Page 5 last paragraph to page 6 second paragraph; flow sensor 125 measures air flow and communicates with 112, where heating element 118 is activated via power from battery 114; See also sensor 225 that senses airflow whenever a puff is taken and provides an input signal to controller 212, which in response activates heating element 218-page 9, second paragraph-where controller 212 may be an ASIC-page 8, last paragraph; power source 214).
Regarding claim 5, Blake further discloses for sensing a temperature of the battery wherein the battery is shut-off or prevented from being overcharged (para 0053 and 0054), and thus, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Shekar with circuitry that monitors the temperature, voltage, and current drain of the battery in order to prevent the battery from being overcharged which could cause the battery to become hot, catch fire, or explode (as cited above to Blake) that causes damages to the system/device.
Regarding claim 7, the primary combination of Shekar, Ampolini, and Blake, as applied in claim 1 teaches each claimed limitation.
Shekar further discloses the ASIC being coupled to the flow sensor ( 125- considered external in relation to 112; Reference also Fig. 2 showing sensor 225 external to 212) that is within the at least one housing and external to the ASIC (Figures 1-2).
Regarding claim 8, the primary combination of Shekar, Ampolini, and Blake, as applied in claim 7, teaches each claimed limitation.
Shekar further discloses the ASIC is further configured to direct a regulated voltage to the microprocessor in response to the detection of flow of air through at least the portion of the housing ( Page 7, second paragraph, Page 9, second paragraph).
Regarding claim 9, the primary combination of Shekar and Blake, as applied in claim 7, teaches each claimed limitation, except as detailed below.
Shekar is silent on the ASIC being configured to cause activation of the heating element includes being configured to drive a switch to regulate power to the heating element.
Along the same field of endeavor (Figures 1, 2, and 5; Title; Abstract), Ampolini teaches the ASIC being configured to cause activation of the heating element includes being configured to drive a switch to regulate power to the atomizer (which is shown by the heating element; para. 0066, actuation of switch 380 directs electrical power from power source 340 to the heating component 320, where 370 controls the average power directed to 320 upon actuation).
The advantage of combining the teachings of Ampolini is that in doing so would provide a means of controlling/regulating power to the atomizer when needed by a user, thereby reducing or preventing unwanted energy consumption (para. 0066).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Shekar with Ampolini, by adding to the ASIC of Shekar, the teachings of Ampolini, to provide a means of controlling/regulating power to the atomizer when needed by a user, thereby reducing or preventing unwanted energy consumption (para. 0066).
Regarding claim 12, Shekar discloses a method for controlling operation of an aerosol delivery device including at least one housing defining a reservoir retaining an aerosol precursor composition (cartridge 117 contains an precursor composition to be aerosolized by the heating element-see abstract) and containing an electrically-powered atomizer (which is shown by the heating element) and an application specific integrated circuit ( 112, page 7 second paragraph discloses that 112 may comprise an application based integrated circuit) integrating a plurality of functions within a single circuit as illustrated in Figures 2 and 3 wherein the plurality of functions is disclosed from page 8, line 15 to page 10, line 7 in Shekar which includes processing the functions of the heating element and its power including voltage and current conditions using a pulse width modulation, monitoring a puff length and a puff volume, detecting the resistance of heating element and its discharge voltage, and etc., among other functions, the method comprising:
controlling operation of the aerosol delivery device by the ASIC ( 112, page 7 second paragraph discloses that 112 may comprise an application based integrated circuit; See also Page 10 third paragraph), including at least:
managing a battery (battery 114-page 6, second paragraph; Page 4, first paragraph; regulates the temperature of 118, regulates charging/discharging of the power source 114; See also controller 212, which may be an ASIC, CPU, etc.-page 8, last paragraph-that regulates the amount of power supplied to the atomizer (shown by the heating element 218 via power source 214);
outputting a signal indicating detection of a flow of air through at least the portion of the housing based at least in part on an input from flow sensor (Flow sensor 125/225 operatively connected to 112/212 that measures air flow or pressure and sends signal to 112; Page 5, last paragraph; Page 6, second paragraph; See also sensor 225 that senses airflow whenever a puff is taken and provides an input signal to controller 212, which in response activates atomizer/heating element 218-page 9, second paragraph-where controller 212 may be an ASIC-page 8, last paragraph; power source 214);
causing activation of the heating element to vaporize components of the aerosol precursor composition in response to detection of the flow of air (Page 6, second paragraph; See also sensor 225 that senses airflow whenever a puff is taken and provides an input signal to controller 212, which in response activates heating element 218-page 9, second paragraph-where controller 212 may be an ASIC-page 8, last paragraph; power source 214); and
controlling a power level of the heating element based on a signal input to the ASIC ( 112), the signal input being from a component of the aerosol delivery device other than the flow sensor ( 125/225) (page 5, last paragraph to page 6, first paragraph; sensor 125 is connected to 112 and may comprise a group of sensors that measures air flow, temperature change, pressure change or any other physical or electrical parameters ... 112 is configured to detect the resistance of heater and control and monitor the voltage of the battery; Detecting the resistance of the heater/atomizer and controlling the battery is considered to correspond to a signal input other than from the flow sensor).
But, Shekar is silent on a microprocessor contained within the at least one housing, external to the ASIC and operatively coupled to the ASIC, in at least one instance the microprocessor receiving the signal from the ASIC indicating detection of the flow of air, and in response, the microprocessor awakening from an inactive state, and Shekar is further silent on the managing a battery being based on an input from a microprocessor of the aerosol delivery device wherein the battery is disconnected to power the aerosol delivery device upon detection of an over-volage or an over-current.
Along the same field of endeavor (Figures 1 and 5; Title; Abstract), Ampolini teaches a microprocessor contained within the at least one housing, external to the ASIC and operatively coupled to the ASIC (paragraphs 0081-0082; processing circuitry 310 may include processor 370 and an ASIC; operative communication with each other and can be collectively configured to perform one or more functionalities of apparatus 300; See also paragraph 0031, multiple control components combined in a unitary element or at separate locations within the smoking article), in at least one instance the microprocessor receiving the signal from the ASIC indicating detection of the flow of air (puff sensor 270 communicates with integrated circuit-discrete unit of processor 370- para. 0088; 270 detects pressure differential-"puff'- and outputs a signal to processor 370) (Since processing circuitry 310 is disclosed as including the microprocessor and ASIC, that are in operative communication with each other and collectively configured to perform one or more functionalities of the apparatus-see paragraphs 0081-0082-the microprocessor, therefore, in at least one instance receives the signal output from the ASIC indicating detection of the flow of air, since the microprocessor and the ASIC are in operative communication with one another), and in response, the microprocessor awakening from an inactive state (paragraph 0096, controller 360/370 is powered down and awaiting a signal from the puff sensor, or other user interaction-In OFF mode, there is no power supplied to the controller 360/processor 370).
Ampolini further teaches managing a battery (340) based on an input from the microprocessor (paragraphs 0081-0082; processing circuitry 310 may include processor 370 and an ASIC; operative communication with each other and can be collectively configured to perform one or more functionalities of apparatus 300; See also paragraph 0031, multiple control components combined in a unitary element or at separate locations within the smoking article) (See paragraphs 0064, 0066, 0073; "...during the heating time period, may be configured to continually or periodically monitor the actual power directed to the heating component 320 from the power source 340, to compare that actual power to the average power (i.e., the selected power set point associated with the power source 340), and then adjust, as necessary, the average power directed from the power source 340 to the heating component 320... ;" "In response to the control component, the processor 370 may be configured to at least direct the power source 340 to provide an average power to the heating component 320. For example, the processor 370 may be configured to include information related to the necessary electrical current directed to the heating component 320 to cause the heating component 320 to attain a temperature ...may determine and control the average power (i.e., the voltage of the power source 340 multiplied by the necessary electrical current directed to the heating component 320) that is directed to the heating component 320 upon actuation by the control component ...;" "...configured to then compare the actual power experienced by the heating component 320 to the average power ...to adjust the average power (i.e., the selected power set point) directed to the heating component 320 so as to adjust or otherwise direct the actual power directed toward the heating component 320 toward the selected power set point ...").
Ampolini also teaches controlling a power level of the hating element based on a signal input, the signal input being from a component of the aerosol delivery device other than the flow sensor (para 0034; capacitive sensing components that “allows for diverse types of ‘power-up’ and/or ‘power down’ for one or more components of the device.” "For example, a touch pad can be present on the smoking article that allows the user to input a variety of commands Most basically, the touch pad can provide for powering the heating element much in the same manner as a push button, as already described above.') (See also paragraph 0035: ''Sensors utilized in the present articles can expressly signal for power flow to the heating element so as to heat the substrate including the aerosol precursor material and form a vapor or aerosol for inhalation by a user. Sensors also can provide further functions. For example, a "wake-up" sensor can be included Other sensing methods providing similar function likewise can be utilized according to the disclosure.") (Alternatively, Ampolini also teaches circuitry for controlling current to the heating element-para. 0036. Paragraph 0037 discloses time based control such that the ''circuit includes a means for permitting uninterrupted current flow through the heating element for an initial time period during draw, and a timer means for subsequently regulating current flow until draw is completed." Paragraph 0038: "...the current regulating component can function to stop current flow to the resistive heating element once a defined temperature has been achieved ... The current regulating component likewise can cycle the current to the resistive heating element off and on once a defined temperature has been achieved so as to maintain the defined temperature for a defined period of time. '). Ampolini, therefore, teaches controlling the power level to the heating element based on a signal input from sources other than the flow sensor. Ampolini also teaches that, with respect to temperature regulating control, such "controlling can improve the response time of the article for aerosol formation such that aerosol formation begins almost instantaneously upon initiation of a puff by a consumer" (para. 0039).
The advantage of combining the teachings of Ampolini is that in doing so would provide separate control structures (ASIC and processor) for carrying out different control functions thereby providing a wider variety and a more customized level of control (para. 0031 and 0083), as well as, reducing current/power consumption of the device, thereby increasing energy efficiency (para. 0096).
Blake discloses it is known to provide a smoke system having a rechargeable battery wherein the battery is disconnected or is prevented from supplying power if the current drawn from the battery is above a threshold (i.e., over-current) or the voltage rises above a threshold level (i.e., over-voltage) to prevent damages (i.e., battery becoming hot, catching fire, explode) to the system (para 0005 and 0054).
Therefore, in view of Ampolini, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Shekar with Ampolini, by adding to the ASIC of Shekar, the teachings of Ampolini, to provide separate control structures (ASIC and processor) for carrying out different control functions thereby providing a wider variety and a more customized level of control (para. 0031 and 0083), as well as, reducing current/power consumption of the device, thereby increasing energy efficiency (para. 0096). Furthermore, it would have been obvious to someone with ordinary skill in the art to control the power level to the heating element based on a signal input from a source other than the flow sensor, as detailed in Ampolini, for in doing so would provide a control routine that "can improve the response time of the article for aerosol formation such that aerosol formation begins almost instantaneously upon initiation of a puff by a consumer" (para. 0039); and in view of Blake, it would have been obvious to one of ordinary skill in the art to adapt Shekar with managing the battery that includes disconnecting the battery from powering the heating element/atomizer of the aerosol delivery upon detection of over-current or over-voltage which can cause damages to the heating system and thus ensure safe use of the aerosol delivery system.
Regarding claim 13, the primary combination of Shekar, Ampolini, and Blake, as applied in claim 12, teaches each claimed limitation.
Shekar further discloses the ASIC directs power from the battery to the heating element to cause activation of the heating element in response to the detection of the flow of air through at least the portion of the housing (Page 5 last paragraph to page 6 second paragraph; flow sensor 125 measures air flow and communicates with 112, where heating element 118 is activated via power from battery 114; See also sensor 225 that senses airflow whenever a puff is taken and provides an input signal to controller 212, which in response activates heating element 218-page 9, second paragraph-where controller 212 may be an ASIC-page 8, last paragraph; power source 214).
Regarding claim 15, Blake further discloses for sensing a temperature of the battery wherein the battery is shut-off or prevented from being overcharged (para 0053 and 0054), and thus, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Shekar with circuitry that monitors the temperature, voltage, and current drain of the battery in order to prevent the battery from being overcharged which could cause the battery to become hot, catch fire, or explode (as cited above to Blake) that causes damages to the system/device.
Regarding claim 17, the primary combination of Shekar, Ampolini, and Blake, as applied in claim 12, teaches each claimed limitation.
Shekar further discloses the ASIC is coupled to the flow sensor ( 125-considered external in relation to 112; Reference also Fig. 2 showing sensor 225 external to 212) that is within the at least one housing and external to the ASIC ( Figures 1-2).
Regarding claim 18, the primary combination of Shekar, Ampolini, and Blake, as applied in claim 17, teaches each claimed limitation.
Shekar further discloses the ASIC is further configured to direct a regulated voltage to the microprocessor in response to the detection of flow of air through at least the portion of the housing ( Page 7, second paragraph, Page 9, second paragraph).
Regarding claim 19, the primary combination of Shekar, Ampolini, and Blake, as applied in claim 17, teaches each claimed limitation, except for the ASIC being configured to cause activation of the heating element includes being configured to drive a switch to regulate power to the heating element.
Along the same field of endeavor (Figures 1, 2, and 5; Title; Abstract), Ampolini teaches the ASIC being configured to cause activation of the heating element includes being configured to drive a switch to regulate power to the heating element (para. 0066, actuation of switch 380 directs electrical power from power source 340 to the heating component 320, where 370 controls the average power directed to 320 upon actuation).
The advantage of combining the teachings of Ampolini is that in doing so would provide a means of controlling/regulating power to the heating element when needed by a user, thereby reducing or preventing unwanted energy consumption (para. 0066).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Shekar with Ampolini, by adding to the ASIC of Shekar, the teachings of Ampolini, to provide a means of controlling/regulating power to the heating element when needed by a user, thereby reducing or preventing unwanted energy consumption (para. 0066).
Regarding claims 22 and 23, Blake discloses for disconnecting or cutting off power if the voltage of the battery is discharged below a threshold limit (para 0054) wherein it would have been obvious to adapt Shekar with the circuitry/ASIC that disconnects the power in response to the battery being discharged below a minimum/threshold limit to prevent inadequate or insufficient powering of the device which can lead to a compromised quality of the aerosol.
Claims 4 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shekar et al. (WO2015/107552; hereinafter Shekar) in view of Ampolini et al. (U.S. Publication 2014/0270727; hereinafter Ampolini) and Blake et al (US 2003/0226837, as applied to claims 1 and 12 above and in further view of Ampolini et al. (U.S. Publication 2014/096782; hereinafter Ampolini '782).
Regarding claim 4, the primary combination of Shekar and Ampolini and Blake, as applied in claim 1, teaches each claimed limitation except as detailed below.
Shekar further discloses the ASIC being configured to drive an LED (LED 211) (Page 6, first paragraph; "the controller may be configured to...control and monitor ...the LED ...") (Page 9, first full paragraph; "The sensor signals the controller, which simulates the LED ..."), but is silent on such driving being based in part on input from one or more pulse width modulators being driven by the microprocessor.
Ampolini '782 teaches that it is known in the art of electronic smoking articles, or aerosol delivery articles (Abstract, para. 0003) to drive an LED based in part on input from one or more pulse width modulators being driven by the microprocessor ( Figure 7, microcontroller 520 includes PWM 575, which communicates with one or more status indicators 580-which are disclosed as being LEDs-para. 0089) (Para. 0089 states, "by actuating the one or more status indicators 580, for example, with a Pulse Width Modulated (PWM) actuation signal (see, e.g., element 575 in FIG. 7), the one or more status indicators 580 can be actuated with modulated intensity to emulate or mimic the color of a glowing/burning tip of a conventional smoking article, such as a cigarette). The advantage of combining the teachings of Ampolini '782 is that in doing so would provide a means of actuating an LED with modulated intensity to emulate or mimic the color of a glowing/burning tip of a conventional smoking article, such as a cigarette (para. 0089).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Shekar, as modified by Ampolini and Blake, with Ampolini '782, by adding to the ASIC operation and LED arrangement of Shekar, with the teachings of Ampolini '782, to provide a means of actuating an LED with modulated intensity to emulate or mimic the color of a glowing/burning tip of a conventional smoking article, such as a cigarette (para. 0089).
Regarding claim 14, the primary combination of Shekar and Ampolini and Blake, as applied in claim 12, teaches each claimed limitation except as detailed below.
Shekar further discloses the ASIC driving an LED (LED 211) (Page 6, first paragraph; "the controller may be configured to...control and monitor ...the LED ...") (Page 9, first full paragraph; "The sensor signals the controller, which simulates the LED ..."), but is silent on such driving being based in part on input from one or more pulse width modulators being driven by the microprocessor.
Ampolini '782 teaches that it is known in the art of electronic smoking articles, or aerosol delivery articles (Abstract, para. 0003) to drive an LED based in part on input from one or more pulse width modulators being driven by the microprocessor ( Figure 7, microcontroller 520 includes PWM 575, which communicates with one or more status indicators 580-which are disclosed as being LEDs-para. 0089) (Para. 0089 states, "by actuating the one or more status indicators 580, for example, with a Pulse Width Modulated (PWM) actuation signal (see, e.g., element 575 in FIG. 7), the one or more status indicators 580 can be actuated with modulated intensity to emulate or mimic the color of a glowing/burning tip of a conventional smoking article, such as a cigarette).
The advantage of combining the teachings of Ampolini '782 is that in doing so would provide a means of actuating an LED with modulated intensity to emulate or mimic the color of a glowing/burning tip of a conventional smoking article, such as a cigarette (para. 0089).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Shekar, as modified by Ampolini and Blake, with Ampolini '782, by adding to the ASIC operation and LED arrangement of Shekar, with the teachings of Ampolini '782, to provide a means of actuating an LED with modulated intensity to emulate or mimic the color of a glowing/burning tip of a conventional smoking article, such as a cigarette (para. 0089).
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Shekar et al. (WO2015/107552) and Ampolini et al. (U.S. Publication 2014/0270727) and Blake et al (US 2003/0226837), as applied to claims 1 and 12 above and in further view of Xiang (U.S. Publication 2014/0360512).
Regarding claims 6 and 16, the primary combination of Shekar and Ampolini and Blake, as applied in claims 1 and 12, respectively, teaches each claimed limitation except as detailed below.
Shekar discloses in an embodiment (Fig. 3) that the battery can include a rechargeable battery (Page 11, first paragraph), but is silent on the ASIC being configured to control charging the battery at a constant current, the ASIC being configured to exponentially decrease the constant current as the battery approaches a full charge.
For context to the above claim !imitation(s), the examiner cites to paragraph 0094 of the instant application (as published) which states the following:
The charging subsidiary block 608 may be configured to control charging a battery at a constant current based at feast in part on a voltage input The charging subsidiary block may be configured to exponentially decrease the constant current as the battery approaches a full charge. in one example implementation, the charging block may be or include a 100 mA to 500 mA constant -current constant-voltage (CC/CV) charger that receives an input from a voltage source (e.g., external charging component) via a pass MOSFET. The MOSFETs may prevent the backflow of current within the circuit. in another example implementation, the charging subsidiary block may be or include a 300 mA CC/CV charger that receives an input from a batte1y via a pass metal-oxide semiconductor field-effect transistor (MOSFET).
Xiang teaches that it is known in the art of electrical cigarettes (para. 0002 "...electrical cigarettes, and more particularly, relates to a charging method of electronic cigarettes and an electronic cigarette box.") (para. 0003, disclosing using a rechargeable battery) (Figure 1 showing a block diagram of the electronic cigarette including microprocessor 101, rechargeable battery 100, recharging module 108, recharging management module 109, etc., which "can be used to charge an electronic cigarette"-para. 0053) (para. 0064, "charging module 108 is a charging interface, and is configured to connect with an external charging power supply and charge a rechargeable battery of the electronic cigarette box.") to control charging the battery at a constant current and to exponentially decrease the constant current as the battery approaches a full charge.
Specifically, Xiang teaches, in paragraph 0065, the to!!owing:
The charging management module 109 is configured to manage the charging process of the rechargeable battery- of the electronic cigarette box using the external charging power supply and ensure the cha1ging mode of the recha1;geab!e battery to be a constant current/constant voltage mode. When the external charging power supply charges /fie rechargeable battery of the electronic cigarette box external charging power supply. with use of the charging management module 109, the rechargeable battery 100 is quickly charged by constant current to supply power at first. When the power of the battery is nearly full, the charging mode is switched to a constant voltage mode. the charging current will decrease until the battery is fully charged. The external charging power supply can be a computer charging through a USB charging interface, an adapter charging through an adapter charging interface, etc.
Here, Xiang teaches using the charging management module 109 (which corresponds to the charging subsidiary block 608 of the instant application) and which includes a constant current/constant voltage charger (CC/CV) in order to manage the charging process of a rechargeable battery. Xiang, as detailed in paragraph 0065, explicitly discloses decreasing the current as the battery approaches a full charge.
For the above reasons, Xiang provides explicit teaching that it is known in the art to control charging the battery at a constant current and to decrease the constant current as the battery approaches a full charge. Furthermore, Xiang is considered to teach "exponentially decrease" wiH1 respect to decreasing the current as the battery approaches a full charge. Xiang teaches that when the power of the battery is nearly full, the current "will decrease until the battery is fully charged.'' One of ordinary skill in the art would consider it reasonable that decreasing current until the battery is fully ci1arged defines an exponential decrease in that such decrease occurs until the battery is fully charged, For example, "exponentially" is an adverb and is defined as "at a steady, rapid rate'' (www.dictionary.com/browse/exponentially), which is consistent with the instant application. The decreasing current until the battery is fully charged of Xiang describes a steady and/or rapid rate.
The advantage of combining the teachings of Xiang is t!1at in doing so would provide a means for controlling and managing the charging of the rechargeable battery (para. 0037 of Xiang), such that the rechargeable battery is quickly charged by constant current (para. 0065 of Xiang).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Shekar, as modified by Ampolini and Blake, with Xiang, by adding to the functionality of the application integrated circuit of Shekar, with the teachings of Xiang, in order provide a means for controlling and managing the charging of the rechargeable battery (para, 0037 of Xiang), such that the rechargeable battery is quickly charged by constant current (para. 0065 of Xiang).
Claims 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shekar et al. (WO2015/107552; hereinafter Shekar) in view of in view of Ampolini et al. (U.S. Publication 2014/0270727; hereinafter Ampolini) and Blake et al (US 2003/0226837) as applied to claims 1 and 12 above and in further view of Henry et al. (U.S. Publication 2015/0258289), hereinafter Henry.
Regarding claim 10, the primary combination of Shekar and Ampolini and Blake, as applied in claim 1, teaches each claimed limitation, except for the ASIC being configured to detect a low battery charge, or a low aerosol precursor composition quantity, and drive a vibrator motor in response thereto.
Along the same field of endeavor of detecting battery charge, Henry teaches that it is known in the art to detect a low battery charge, or a low aerosol precursor composition quantity, and drive a vibrator motor in response thereto (Para. 0056).
The advantage of combining the teachings of Henry is that in doing so would provide a user with a haptic notification indicating battery charge level, thereby providing a user with notice to charge the device (Para. 0056).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Shekar, as modified by Ampolini and Blake, with Henry, by adding to the ASIC of Shekar, the teachings of Henry, to provide a user with a haptic notification indicating battery charge level, thereby providing a user with notice to charge the device (Para. 0056).
Regarding claim 20, the primary combination of Shekar and Ampolini, as applied in claim 12, teaches each claimed limitation, except for the ASIC being configured to detect a low battery charge, or a low aerosol precursor composition quantity, and drive a vibrator motor in response thereto.
Along the same field of endeavor of detecting battery charge, Henry teaches that it is known in the art to detect a low battery charge, or a low aerosol precursor composition quantity, and drive a vibrator motor in response thereto (Para. 0056).
The advantage of combining the teachings of Henry is that in doing so would provide a user with a haptic notification indicating battery charge level, thereby providing a user with notice to charge the device (Para. 0056).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Shekar, as modified by Ampolini and Blake, with Henry, by adding to the ASIC of Shekar, the teachings of Henry, to provide a user with a haptic notification indicating battery charge level, thereby providing a user with notice to charge the device (Para. 0056).
Response to Arguments
Applicant's arguments filed 12/08/2025 have been fully considered but they are not persuasive.
Applicant argues Blake shows polyswitch PSW1-PSW3 that cuts off current flow when the current flowing rises above a pre-determined threshold but does not show an ASIC that is configured to manage the battery by disconnecting upon detection of an over-current since the over-current functionality is addressed by way of polyswitches that are not included on the ASIC. This argument is not deemed persuasive as Blake shows an ASIC processor 406 in connection with the polyswitches PSW1-PSW3 as illustrated in Figure 4, the over-current shut off would be addressed and controlled by the processor.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANG Y PAIK whose telephone number is (571)272-4783. The examiner can normally be reached 9:00-5:30; M-F.
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, Helena Kosanovic can be reached at 571-272-9059. 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.
/SANG Y PAIK/Primary Examiner, Art Unit 3761