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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/7/25 has been entered.
Status of the Claims
Claims 16-28 are pending and are subject to this Office Action.
Claim 16 is amended
Claims 24-28 remain withdrawn
Response to Arguments
Applicant's arguments (filed 5/7/25, pages 8-9) with respect to the rejection(s) of amended Claim 16 under 35 USC § 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made over White (US 20210093012 A1) in view of Abi Aoun ‘372 (US 20220183372 A1).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over White (US 20210093012 A1) in view of Abi Aoun ‘372 (US 20220183372 A1)
Regarding Claim 16, White discloses an aerosol-generating device ([0004]), comprising:
an inductive heating arrangement configured to heat an aerosol-forming substrate (Inductive heater and susceptor. [0034]. The aerosol generating material may be volatilized upon heating by the susceptor. [0043]-[0044]), the inductive heating arrangement comprising:
a susceptor arrangement that is heatable by penetration with a varying magnetic field to heat the aerosol-forming substrate (Susceptor 110. [0042], Fig 2),
a first LC circuit comprising a first inductor coil and a first capacitor (LC circuit 205a, capacitor 210a, induction element 108a. [0050], Fig 2),
wherein the first LC circuit has a resonance frequency (The LC circuit exhibits electrical resonance at a particular resonant frequency based on its inductance (L) and capacitance (c). [0035]), and
a second LC circuit comprising a second inductor coil and a second capacitor (LC circuit 205b, capacitor 210b, induction element 108b. [0050], Fig 2),
wherein the second LC circuit has the same resonance frequency as the first LC circuit ("it will be appreciated that the resonant frequency of the LC circuit 205a, 205b may be dependent on the inductance L and capacitance C of the circuit 205a, 205b, which in turn may be dependent on the inductor 108a, 208b, capacitor 210a, 210b and susceptor 110 used." [0053]. Wherein the inductance (L) and capacitance (c) of each LC circuit are identical, the resonant frequency of each circuit is also identical. [0041], Fig 2); and
a controller (Supply bus controller, [0055], Fig 2), configured to:
drive the first LC circuit with a first AC current for generating a first alternating magnetic field for heating a first portion of the susceptor arrangement, drive the second LC circuit with a second AC current for generating a second alternating magnetic field for heating a second portion of the susceptor arrangement ("supply bus controller 212 arranged to control the supply bus 210 to supply the switching potential vs 216 to a selectable one or more of the plurality of driving arrangements 204a, 204b in use, i.e. to a selectable one or more of the driver controllers 208a, 208b of the driving arrangements 204a, 204b in use." [0055], Fig 2. Each driver controller may then intern control the frequency of current delivered to the respective induction element, thereby generating an alternating magnetic field around the corresponding portion of the susceptor. [0053]),
supply the first AC current with a frequency corresponding to the resonance frequency of the LC circuits ("Each driver controller 208a, 208b may control the frequency of the alternating current driven through the respective LC circuit 205a, 205b (the drive frequency) to be at or near the resonant frequency of the LC circuit 205a, 205b." [0053]. "Driving the RLC or LC circuit at or near the resonant frequency may therefore provide for effective and/or efficient inductive heating." [0035]) and to
supply the second AC current with a frequency different from the resonance frequency ("It will be appreciated that other frequencies may be used, for example depending on the particular LC circuit 205a, 205b (and/or components thereof), and/or susceptor 110 used." [0053]),
supply the first AC current to the first LC circuit during a first phase to increase a temperature of the first portion of the susceptor arrangement from an initial temperature to a first operating temperature ("a user may cause… the circuitry 106 to cause alternating current to be driven through one or more of the induction elements 108a, 108b, thereby inductively heating the susceptor 110 (or a portion thereof)." [0046]), and
supply the first AC current with a frequency corresponding to the resonance frequency of the LC circuits during the first phase (A frequency may be chosen for the heating of a section consisting of a range of frequencies including a resonant frequency, which provides optimal heating for a given circuit. [0035], [0053]).
White does not explicitly disclose a first temperature sensor arranged to sense the temperature of the first portion of the susceptor arrangement; and/or a second temperature sensor arranged to sense the temperature of the second portion of the susceptor arrangement.
Abi Aoun ‘372 teaches a similar aerosol-generating device, comprising:
an inductive heating arrangement configured to heat an aerosol-forming substrate comprising: a first inductor coil and a second inductor coil (“The first coil may be used to heat a first portion of the heater component, and the second coil may be used to heat a second portion of the heater component.” [0053])
a first temperature sensor arranged to sense the temperature of the first portion of the susceptor arrangement (“the device comprises a first temperature sensor arranged to sense a temperature of the first portion of the heater component” [0053]); and
a second temperature sensor arranged to sense the temperature of the second portion of the susceptor arrangement (“a second temperature sensor arranged to sense a temperature of the second portion of the heater component.” [0053])
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the first and second induction heating coils of White with first and second temperature sensors as taught by Abi Aoun ‘372 because White and Abi Aoun ‘372 are both directed to aerosol generating devices comprising at least two induction coils, Abi Aoun ‘372 teaches the use of multiple temperature sensors in contact with each induction coil heating region to accurately read the temperature of the respective heating components ([0028]-[0055]), and this merely involves applying a known induction heating device component to a similar aerosol generating device to yield predictable results.
Regarding Claims 17 and 19, White discloses an aerosol-generating device wherein the controller is further configured to:
supply the first AC current to the first LC circuit to decrease a temperature of the first portion of the susceptor arrangement from the first operating temperature to a second operating temperature, and supply the first AC current with a frequency different from the resonance frequency of the LC circuits (The controller 212 may be used to modify the frequency of the current provided to the first induction element in order to decrease the inductive heating of the respective induction element. [0035], [0053]-[0056]); and/or
supply the second AC current to the second LC circuit to increase a temperature of the second portion of the susceptor arrangement from the third operating temperature to a fourth operating temperature higher than the second operating temperature, and supply the second AC current with a frequency corresponding to the resonance frequency of the LC circuits (The controller 212 may be used to modify the frequency of the current provided to the second induction element in order to increase the inductive heating of the respective induction element. [0035], [0053]-[0056]).
White does not explicitly disclose a second phase. However, where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)). Accordingly, applicant claims a combination that only unites old elements of White with no substantive modification in the respective functions of those old elements, and the combination and/or rearrangement of those elements yields predictable results; absent evidence that the modifications necessary to effect the combination of elements is uniquely challenging or difficult for one of ordinary skill in the art, the claim is unpatentable as obvious under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d at 1518-19 (BPAI, 2007) (citing KSR, 127 S.Ct. at 1740, 82 USPQ2d at 1396). Here, the applicant claims a second phase which is differentiated from a first phase by the variation of frequency of the current provided to the first and/or second circuit. However, where White discloses that different frequencies may be selected and independently provided to the two circuits, it would be obvious to one having ordinary skill in the art to raise or lower the respective frequencies of the first and second circuits in order to raise or lower the respective alternating magnetic fields causing heating in the respective zones of the susceptor, subsequent to an initial phase, thus establishing a second phase as claimed, absent evidence to the contrary.
Regarding Claim 18, White further discloses an aerosol-generating device wherein the controller is further configured to:
supply the second AC current to the second LC circuit during the first phase to increase a temperature of the second portion of the susceptor arrangement from an initial temperature to a third operating temperature, lower than the first operating temperature, and supply the second AC current with a frequency different from the resonance frequency of the LC circuits during the first phase (The controller may be used to deliver a non-resonant frequency current to the second inductor, thus providing less efficient inductive heating of the respective induction element and providing a lower temperature to that of the first inductor. [0035], [0053]-[0056]).
Regarding Claim 20, White discloses an aerosol-generating device further comprising a power supply configured to provide power to the inductive heating arrangement (battery 104, [0049], Fig 2).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over White in view of Abi Aoun ‘372 as applied to Claim 16 above, and further in view of Korus (US 20210186108 A1).
White discloses an aerosol generating device comprising a controller ([0053]-[0055]), but does not explicitly disclose wherein the controller comprises a microcontroller.
White teaches an aerosol generating device wherein the controller comprises a microcontroller (A microcontroller may be used to supply an alternating current to an inductor coil at a switching frequency. [0135]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the controller of White with a microcontroller as taught by Korus because White, Abi Aoun ‘372, and Korus are all directed to aerosol generating devices, Korus teaches the use of a microcontroller as a controller in an aerosol generating device, and this merely involves applying a known component to a similar aerosol generating device to yield predictable results.
Claims 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over White in view of Abi Aoun ‘372 and Korus as applied to Claims 16 and 21 above, and further in view of Abi Aoun ‘402 (US 20200037402 A1).
Regarding Claim 22, White discloses an aerosol-generating device wherein the controller/microcontroller is configured to convert an input DC current into an alternating current having a defined frequency (The circuitry 106 is arranged to convert an input DC current from the DC power source 104 into a varying, for example alternating, current. [0041]). White does not explicitly disclose a controller wherein the controller is configured to utilize a clock frequency of the microcontroller as one or both of an alternating frequency of the first AC current and of the second AC current.
However, Abi Aoun ‘402 discloses an aerosol-generating device wherein the controller is configured to utilize a clock frequency of the controller as one or both of an alternating frequency of the first AC current and of the second AC current ("The controller 114 may comprise a clock generator (not shown) to determine the absolute frequency at which the RLC circuit 100 is to be driven." [0067]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the controller of White to utilize a clock frequency of the controller to define an alternating frequency as taught by Abi Aoun ‘402 because White, Abi Aoun ‘372, Korus, and Abi Aoun ‘402 are all directed to aerosol generating devices, Abi Aoun ‘402 teaches the use of a controller configured to utilize a clock frequency to determine the frequency of an LC circuit, and this merely involves applying a known controller component to a similar aerosol generating device to yield predictable results.
Regarding Claim 23, Abi Aoun ‘402 alternatively discloses an aerosol-generating device wherein the controller further comprises an oscillator configured to generate one or both of an alternating frequency of the first AC current and of the second AC current ("in other examples the RLC resonance circuit 100 may be driven by any suitable driving element for providing an alternating current in the resonance circuit 100, such as an oscillator or the like" [0104]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey Buckman whose telephone number is (571)270-0888. The examiner can normally be reached Monday-Friday 8:00-4:00.
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/JEFFREY A. BUCKMAN/ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755
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