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 .
The status of the 09/01/2026 claims, is as follows: Claims 1, 17-18, and 23 have been amended; Claims 4-12, 30, and 32 have been withdrawn; Claims 14, 29, and 31 have been canceled; and Claims 1-13, 15-28, 30, and 32 are pending.
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.
Claims 1-3, 13, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Hatton (US 20180077967) in view of Zhou (US 20220071290) and Qiu (US 20190124996)
Regarding Claim 1, Hatton discloses an aerosol provision system (vaporizer apparatus; abstract) comprising:
an electric heater (resistive heater) for generating an aerosol (aerosol) from an aerosol generating material (vaporizable material) for user inhalation (for inhalation by the user) (“generate an aerosol from the vaporizable material for inhalation by the user”, para. 0099) (“heater may generally include a heating coil (resistive heater) in thermal contact with the wick”, para. 0077), wherein the electric heater (resistive heater) comprises a first portion (conductor A; fig. 20A) comprising a first electrically resistive material and a second portion (conductor B; fig. 20B) comprising a second electrically resistive material which is different from the first electrically resistive material (“a resistive heater may comprised of two dissimilar conductors (e.g., stainless steel and titanium) welded together”, para. 0167), and wherein the first portion (conductor A) and the second portion (conductor B) are connected together (para. 0167) so that the electric heater comprises a thermocouple junction (thermocouple junction); and
control circuitry (control circuit) configured to make measurements of temperature for the electric heater using the thermocouple junction (“may be used to measure temperature at a point along the heater coil”, para. 0167 and 0077),
wherein the thermocouple junction is located around the middle of the electric heater (para. 0168 and 0170; annotated fig. 20A).
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Hatton does not disclose:
a first connecting lead connected to the first portion of the electric heater, wherein the first connecting lead has an electrical resistance per unit length which is less than an electrical resistance per unit length of the first portion of the electric heater, and
a second connecting lead connected to the second portion of the electric heater, wherein the second connecting lead has an electrical resistance per unit length which is less than an electrical resistance per unit length of the second portion of the electric heater, wherein the first connecting lead is formed from the same material as the first portion of the electric heater and has an increased cross-section relative to the cross-section of the first portion of the electric heater and the second connecting lead is formed from the same material as the second portion of the electrical heater and has an increased cross-section relative to the cross-section of the second portion of the electric heater.
However, Zhou discloses an aerosol provision system (electronic atomization device) comprising:
a first connecting lead (first soldering part 231) connected to the electric heater (heating part 23), wherein the first connecting lead (first soldering part 231) has an electrical resistance per unit length which is less than an electrical resistance per unit length of the electric heater (heating part 23) (“the first soldering part 231 and the second soldering part 232 are each of a rectangular shape having a width greater than a width of heating filaments in a middle of the heating part 23”, para. 0048. It is noted according to para. 0045 of the published instant application, the electrical resistance per unit length of the first and second connecting leads is less than the electrical resistance per unit length of the heater due to the increased cross section. In this case, the width of first soldering part 231 and the second soldering part 232 is greater than the width of the heating filament, therefore the electrical resistance per unit length of the first soldering part 231 and the second soldering part 232 is less than the electrical resistance per unit length of the heater), and
a second connecting lead (second soldering part 232) connected to the electric heater (heating part 23), wherein the second connecting lead (second soldering part 232) has an electrical resistance per unit length which is less than an electrical resistance per unit length of the electric heater (heating part 23) (it is noted that the width of first soldering part 231 and the second soldering part 232 is greater than the width of the heating filament, therefore the electrical resistance per unit length of the first soldering part 231 and the second soldering part 232 is less than the electrical resistance per unit length of the heater), wherein the first connecting lead (width of first soldering part 231) has an increased cross-section relative to the cross-section of the electric heater (width of heating part 23) and the second connecting lead (width of second soldering part 232) has an increased cross-section relative to the cross-section of the electric heater (width of heating part 23) (“the first soldering part 231 and the second soldering part 232 are each of a rectangular shape having a width greater than a width of heating filaments in a middle of the heating part 23”, para. 0048).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first portion of the heater of (conductor A of Hatton) to be connected to the first connecting lead (i.e. first soldering part 231 of Zhou) and modify the second portion (conductor B of Hatton) of the heater to be connected to the second connecting lead (second soldering part 232 of Zhou) as taught by Zhou, in order to facilitate the electrical connection to positive and negative terminals of a power source via the first and second connecting leads (para. 0048 of Zhou).
The modification would result in the structure as shown, wherein the first connecting lead (first soldering part 231 of Zhou) connected to the first portion of the electric heater (conductor A of Hatton), wherein the first connecting lead has an electrical resistance per unit length which is less than an electrical resistance per unit length of the first portion of the electric heater (it is noted the electrical resistance per unit length of the first soldering part 231 of Zhou is less than the electrical resistance per unit length of the conductor A of Hatton because the width of first soldering part 231 of Zhou is greater than the width of conductor A of Hatton), and
the second connecting lead (second soldering part 232 of Zhou) connected to the second portion of the electric heater (conductor B of Hatton), wherein the second connecting lead has an electrical resistance per unit length which is less than an electrical resistance per unit length of the second portion of the electric heater (it is noted the electrical resistance per unit length of the second soldering part 232 of Zhou is less than the electrical resistance per unit length of the conductor B of Hatton because the width of second soldering part 232 of Zhou is greater than the width of conductor B of Hatton), wherein the first connecting lead (first soldering part 231 of Zhou) has the increased cross-section relative to the cross-section of the first portion of the electric heater (conductor A of Hatton) and the second connecting lead (second soldering part 232 of Zhou) has the increased cross-section relative to the cross-section of the second portion of the electric heater (conductor B of Hatton) (para. 0048; fig. 3 of Zhou).
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The modification does not disclose the first connecting lead is formed from the same material as the first portion of the electric heater and the second connecting lead is formed from the same material as the second portion of the electrical heater.
However, Qiu discloses an aerosol provision system (electronic cigarette, figs. 17 and 20), wherein the first connecting lead (first electrode formed by at least atomizing sleeve 81 i.e. stainless steel) is formed from the same material as the electric heater (heating element 39 i.e. stainless steel) and the second connecting lead (second electrode 37, i.e. stainless steel) is formed from the same material as the electrical heater (heating element 39 i.e. stainless steel) (para. 0093 and 0098). In other words, Qiu discloses the connecting lead (s) may be formed of the same material as the heating element.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first connecting lead of Zhou (first soldering part 231 of Zhou) to be formed of the same material as the portion of the electric heater to which it is connected to (i.e. conductor A of Hatton), because it is conventionally known in the art to ensure reliable electrical connection. Hatton discloses the material of the first portion of the heater (conductor A of Hatton) may be stainless steel (para. 0167), one of ordinary skill in the art would be motivated to modify the first soldering part 231 of Zhou to be formed of stainless steel, which is the same material as the conductor A of Hatton to achieve reliable electrical connection. Likewise, one of ordinary skill in the art would be motivated to modify the second connecting lead of Zhou (second soldering part 232 of Zhou) to be formed of the same material as the portion of the electric heater to which it is connected to (i.e. conductor B of Hatton), because it is conventionally known in the art to ensure reliable electrical connection. Hatton discloses the material of the second portion of the heater (conductor B of Hatton) may be titanium (para. 0167), one of ordinary skill in the art would be motivated to modify the second soldering part 232 of Zhou to be formed of titanium, which is the same material as the conductor B of Hatton to achieve reliable electrical connection.
Regarding Claim 2, Hatton discloses the aerosol provision system (vaporizer apparatus), wherein the electric heater (resistive heater) is in the form of a wire coil (heating coil) (“a heating coil (resistive heater)”, para. 0077).
Regarding Claim 3, Hatton discloses substantially all of the claimed features as set forth above, wherein the electric heater (resistive heater) is wound around a capillary structure (wicking material) arranged to deliver the aerosol generating material to the electric heater (para. 0098) (it is noted that the wicking material draws the vaporizable material into the heater without pump or other mechanical moving part. It is noted the Hatton is silent with regards to the wicking material draws the material through capillary action. However, provided as an evidence Bessant (US 20180242644) discloses capillary wick draws liquid to the aerosol-generating means through capillary action, para. 0153-0154.)
Regarding Claim 13, Hatton discloses the aerosol provision system (vaporizer apparatus), wherein the thermocouple junction (thermocouple junction) is located around the middle of the electric heater (resistive heater) (“the junction is located in the middle of the heating element”, para. 0168 and para. 0167).
Regarding Claim 27, Hatton discloses the aerosol provision system (vaporizer apparatus), further comprising the aerosol generating material (vaporizable material) (para. 0099).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over the modification of Hatton (US 20180077967), Zhou (US 20220071290), and Qiu (US 20190124996) as applied to claim 1 above, further in view of Newcomb (US 20190274362)
Regarding Claim 15, the modification discloses substantially all of the claimed features as set forth above, except the first portion of the electric heater comprises an alloy of nickel and chromium.
However, Newcomb discloses an electric heater (heater 2215) comprises an alloy of nickel and chromium (nickel-chromium alloys) (para. 0169).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first portion of the electric heater (conductor A of Hatton) to comprise the alloy of nickel and chromium as taught by Newcomb, because it involves simple substitution of one known element for another to obtain predictable result, which is to heat material to generate aerosol in vaping device.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over the modification of Hatton (US 20180077967), Zhou (US 20220071290), and Qiu (US 20190124996) as applied to claim 1 above, in view of Gammerler (US 20190159514)
Regarding Claim 16, the modification discloses substantially all of the claimed features as set forth above, except the second portion of the electric heater comprises an alloy of nickel, aluminum, manganese and silicon.
However, Gammerler discloses an electric heater (heating element) comprises an alloy of nickel, aluminum, manganese and silicon (alloy of nickel, aluminum, manganese, and silicon) (para. 0008).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second portion of the electric heater (conductor B of Hatton) to comprise the alloy of nickel, aluminum, manganese and silicon as taught by Gammerler, because it involves simple substitution of one known element for another to obtain predictable result, which is to heat material to generate aerosol in vaping device.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over the modification of Hatton (US 20180077967), Zhou (US 20220071290), and Qiu (US 20190124996) as applied to claim 1 above, in view of Palmer (US 20180289925)
Regarding Claim 17, the modification discloses substantially all of the claimed features as set forth above, except wherein the thermocouple junction is of a type selected from the group consisting of: a Type E thermocouple junction; a Type J thermocouple junction; a Type K thermocouple junction; a Type M thermocouple junction; a Type N thermocouple junction; a Type T thermocouple junction; a Type B thermocouple junction; a Type R thermocouple junction; a Type S thermocouple junction; a Type E thermocouple junction; a Type C thermocouple junction; a Type D thermocouple junction; and a Type G thermocouple junction.
However, Palmer discloses a thermocouple junction between two different conductors 150, 152, wherein the thermocouple junction is a Type K thermocouple junction (K-type thermocouple) (“heater conductors 150, 152 have materials selected to provide these characteristics, for example, one is formed from alumel and one is formed from chromel, which form a well-characterized K-type thermocouple when joined.”, para. 0198).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first portion of Hatton to be made of alumel and modify the second portion of Hatton to be made of chromel such that the K-type thermocouple is formed between the two portions or conductors of the heater, because it is conventionally known to use the K-type thermocouple as temperature measurement means by providing different materials for different conductors of the heater (para. 0198 of Palmer).
Claims 18 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over the modification of Hatton (US 20180077967), Zhou (US 20220071290), and Qiu (US 20190124996) as applied to claim 1 above, further in view of Davis (US 20210401061)
Regarding Claim 18, the modification discloses substantially all of the claimed features as set forth above, except the electric heater has an electrical resistance within a range selected from the group consisting of: 0.5 to 2 ohms; 0.8 to 1.8 ohms; 0.9 to 1.7 ohms; 1.0 to 1.6 ohms; 1.1 to 1.5 ohms and 1.2 to 1.4 ohms.
However, Davis discloses an electric heater (heating element) has an electrical resistance within a range: 0.5 to 2 ohms (less than 2 ohm) (para. 0357) (In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. See MPEP 2144.05 Section I.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heater of Hatton such that it has the electrical resistance with the range from 0.5 to 2 ohms, because it is conventionally known to use the resistance of the heater from 0.5 to 2 ohms in the art of vaping apparatus.
Regarding Claim 28, the modification discloses substantially all of the claimed features as set forth above, except wherein the aerosol provision system comprises a control unit part and a consumable part detachably couplable to the control unit part, and wherein the control unit part comprises the control circuitry and the consumable part comprises the electric heater.
However, Davis discloses an aerosol provision system (vaping device 10) comprises a control unit part (control assembly 14) and a consumable part (atomizer assembly 19. It is noted the heating element in atomizer heats material to generate aerosol. In other words, it consumes the material to generate aerosol, para. 0156) detachably couplable to the control unit part (control assembly 14) (para. 0155. It is noted the assembly 14 is detachably connected to the assembly 19 via connecting means 15 (i.e. threaded connector)), and wherein the control unit part (control assembly 14) comprises the control circuitry (control board 30) and the consumable part (atomizer assembly 19) comprises the electric heater (heating element 22).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the aerosol provision system of Hatton to comprise the control unit part and the consumable part that is detachably couplable to the control unit part as taught by Davis, for the convenience of maintenance because if the control unit part failed, only the control unit part would need to be replaced.
Claims 19-23 are rejected under 35 U.S.C. 103 as being unpatentable over the modification of Hatton (US 20180077967), Zhou (US 20220071290), and Qiu (US 20190124996) as applied to claim 1 above, further in view of Davis (US 20210401061) and Palmer (US 20180289925)
Regarding Claim 19, the modification discloses substantially all of the claimed features as set forth above. Hatton discloses the control circuitry (control circuit) is configured to control the electric heater to achieve desired temperature (para. 0126).
The modification does not disclose the control circuitry is configured to supply power to the electric heater during a period of aerosol generation in a pulsed manner that comprises a series of on periods during which power is connected to the electric heater and off periods during power is not connected to the electric heater, and wherein the control circuitry is configured to time the measurements of temperature for the electric heater so they are made during off periods when power is not connected to the electric heater.
However, Davis discloses control circuitry (temperature control circuit 4228) is configured to supply power to the electric heater (atomizer 4224) during a period of aerosol generation in a pulsed manner (pulse width modulation i.e. regular periodic pulsing for several cycles) that comprises a series of on periods during which power is connected to the electric heater and off periods during power is not connected to the electric heater (it is noted pulse width modulation comprises a series of on and off periods) (para. 0576).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the control circuitry of Hatton (i.e. control circuit) to supply power to the heater in the pulsed manner as taught by Davis, because it is conventionally known to control the heater in pulsed manner in the art of vaping apparatus.
The modification does not disclose the control circuitry is configured to time the measurements of temperature for the electric heater so they are made during off periods when power is not connected to the electric heater.
However, Palmer discloses when the heater is also used as thermocouple, temperature measurement is made by momentarily discontinuing the heating current to the heater such that the small thermocouple voltage can be sensed (para. 0168).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the control circuitry of Hatton (i.e. control circuit) in view of Davis to time the measurements of temperature for the heater during the off period as taught by Palmer, in order to configure the heater as the thermocouple junction to allow the thermocouple voltage to be sensed that is used to determine the temperature of the heater.
Regarding Claim 20, Davis discloses the control circuitry (temperature control circuit 4228) is configured to select a duty cycle for the on and off periods (modify the pulse width of pulsed direct current) to control the average power supplied to the electric heater (heating element) during a period of aerosol generation (para. 0576).
Regarding Claim 21, the modification discloses the control circuitry (control circuit of Hatton) is configured to select the duty cycle for the power (modify the pulse width of pulsed direct current) supplied to the electric heater during a period of aerosol generation based on at least one measurement of temperature for the electric heater (temperature measurement along the heater coil of Hatton) (para. 0576 of Davis).
Regarding Claim 22, the modification discloses the control circuitry (control circuit of Hatton) is configured to select the duty cycle for the power supplied to the electric heater (modify the pulse width of pulsed direct current of Davis) during a period of aerosol generation based on a comparison of the at least one measurement of temperature for the electric heater (temperature measurement along the heater coil of Hatton) and a predefined target temperature (preset temperature of Hatton) (para. 0576 of Davis).
Regarding Claim 23, the modification discloses the control circuitry (control circuit of Hatton) is configured to select the duty cycle for the power supplied to the electric heater (modify the pulse width of pulsed direct current of Davis) is during a period of aerosol generation (para. 0576 of Davis).
The modification does not disclose the selected duty cycle does not exceed a level selected from the group consisting of: 0.95; 0.90; 0.85; 0.80 and 0.75.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the duty cycle such that it does not exceed 0.95, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The motivation is to effectively control the heater using the selected duty cycle based on the temperature measurement of the heater such that the desired temperature set point is achieved.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over the modification of Hatton (US 20180077967), Zhou (US 20220071290) and Qiu (US 20190124996), Davis (US 20210401061), and Palmer (US 20180289925) as applied to claim 23 above, further in view of Xiang (US 20170325507)
Regarding Claim 26, the modification discloses substantially all of the claimed features as set forth above, except the control circuitry is configured to trigger a user notification and/or to restrict the supply of power to the electric heater in response to determining a fault condition has arisen.
However, Xiang discloses control circuitry (processing unit) is configured to restrict the supply of power to the electric heater (heating wire) in response to determining a fault condition has arisen (current temperature value is greater than or equal to a preset value) (abstract).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the control circuitry of Hatton (i.e. control circuit) in view of Davis and Palmer to restrict the supply of power to the heater in response to determining the fault condition as taught by Xiang. Doing so would ensure the desired temperature is achieved to yield desired taste for the user of the vaping device.
Claims 24-25 are rejected under 35 U.S.C. 103 as being unpatentable the modification of Hatton (US 20180077967), Zhou (US 20220071290), and Qiu (US 20190124996) as applied to claim 1 above, in view of Xiang (US 20170325507)
Regarding Claim 24, the modification discloses substantially all of the claimed features as set forth above, except the control circuitry is configured to determine a fault condition for the electronic aerosol provision system has arisen if a measurement of temperature for the electric heater indicates the electric heater temperature is above a predetermined upper temperature threshold.
However, Xiang discloses control circuitry (processing unit 20) is configured to determine a fault condition for the electronic aerosol provision system has arisen if a measurement of temperature for the electric heater indicates the electric heater temperature is above a predetermined upper temperature threshold (current temperature of the heating wire 101 is greater than a preset value) (para. 0062) (it is noted the unit 20 determines fault condition (i.e. temperature is off target temperature) has arisen because temperature of the heating wire is greater than the preset value. In such case, the unit 20 turns off the power to the heater).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the control circuitry of Hatton to determine the fault condition has arisen if the measurement of temperature for the heater is above the predetermined upper temperature threshold as taught by Xiang. Doing so would allow the heater to be turned off to prevent overheating that can cause damage to the vaping apparatus.
Regarding Claim 25, the modification discloses substantially all of the claimed features as set forth above, except the control circuitry is configured to determine a fault condition for the electronic aerosol provision system has arisen if a measurement of temperature for the electric heater indicates the electric heater temperature is below a predetermined lower temperature threshold.
However, Xiang discloses control circuitry (processing module 2022) is configured to determine a fault condition for the electronic aerosol provision system has arisen if a measurement of temperature for the electric heater indicates the electric heater temperature is below a predetermined lower temperature threshold (temperature value of the heating wire is less than the preset value) (para. 0077) (it is noted the module 2022 determines there is the fault condition (i.e. temperature is off target temperature) because the temperature of the heating wire is less than the preset value. In such case, the module 2022 turns on the power to the heater to increase the temperature).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the control circuitry of Hatton to determine the fault condition has arisen if the measurement of temperature for the heater is below the predetermined lower temperature threshold as taught by Xiang. Doing so would allow the heater to be turned on to ensure that desired temperature is achieved to yield desirable taste for the user of the vaping device.
Response to Amendment
With respect to 112b rejections: since amendments made to the claims, the 112b rejections are withdrawn.
Response to Argument
Applicant's arguments filed on 09/01/2026 have been fully considered but are respectfully considered moot in view of new ground of rejections.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BONITA KHLOK whose telephone number is (571)270-7313. The examiner can normally be reached on M-F: 9:00am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IBRAHIME ABRAHAM can be reached on (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BONITA KHLOK/ Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/ Supervisory Patent Examiner, Art Unit 3761
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