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 Status
Applicant’s arguments, filed on 11/13/2025, (“Remarks”) were in response to the Non-Final Rejection mailed on 08/13/2025 (“Final Rejection”).
Claims 1 and 7–14 are pending and is/are addressed below.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 and 7–11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TAKEUCHI US 20180296779 (“TAKEUCHI”).
As to claim 1, TAKEUCHI discloses an aerosol generating device comprising:
a main body (Figs. 1–3);
a heater (Fig. 3, 80) accommodated in the main body and configured to heat an aerosol generating material ([0083]);
a puff detecting sensor (Figs. 1 and 4, 20) accommodated in the main body and configured to detect a user's puff ([0077–80]);
a controller (50) accommodated in the main body and configured to heat the heater ([0100–101]); and
a power supply unit (10) comprising a first electrode (211) and a second electrode (212) arranged apart from each other on an outer surface of the main body (Fig. 1 or the alternative embodiment illustrated in Fig. 9;), and configured to cut off power supplied to the controller, when the first electrode and the second electrode are not connected to each other, and to supply power to the controller when the first electrode and the second electrode are connected to each other ([0104–106] and [0114–118]),
wherein the controller is configured to control power supplied to the heater based on a sensing result of the puff detecting sensor ([0101]) when the first electrode and the second electrode are connected to each other ([0105] and [0112]), and
wherein the first electrode and the second electrode are electrically connected to each other by the user's touch that surrounds both the first electrode and the second electrode (Figs. 1 and 9; [0105]).
As to claim 7, TAKEUCHI discloses the aerosol generating device of claim 1, wherein the first electrode and the second electrode are arranged on one side surface of the main body (Figs. 1 and 9, 211/212).
As to claim 8, TAKEUCHI discloses the aerosol generating device of claim 7, wherein the first electrode and the second electrode are arranged symmetrically with respect to a central longitudinal line of the main body (Figs. 1 and 9, 211/212).
As to claim 9, TAKEUCHI discloses the aerosol generating device of claim 7, wherein the first electrode and the second electrode are arranged apart from each other along a central longitudinal line of the main body (Figs. 1 and 9, 211/212).
As to claim 10, TAKEUCHI discloses the aerosol generating device of claim 1, wherein the first electrode is arranged on one side surface of the main body, and the second electrode is arranged on the other side surface of the main body (Figs. 1 and 9, 211/212).
As to claim 11, TAKEUCHI discloses the aerosol generating device of claim 1, further comprising a battery (10) configured to supply power to the controller ([0060]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 12–14 is/are rejected under 35 U.S.C. 103 as being unpatentable over TAKEUCHI US 20180296779 (“TAKEUCHI”) in view of in further view of US 2020/0060337 (“LIU”) (of record).
As to claim 12, TAKEUCHI discloses the aerosol generating device of claim 11.
TAKEUCHI fails to explicitly dislcose wherein the power supply unit further comprises a switching element configured to connect the battery and the controller when the first electrode and the second electrode are connected to each other, and a resistive element configured to cut off overvoltage of the battery.
LIU teaches an ultrasonic electronic cigarette comprising an oscillation control circuit (i.e., excited excitation module) for ultrasonic atomization sheet ([0005, 0023]), and the oscillation control circuit includes a high-speed switching MOS transistor (i.e., switching element) ([0042], Fig. 3 component Q5). Liu further teaches that the high-speed switching MOS transistor (i.e., switching element) features a source electrode linked to a resistive element (i.e., resistor), a gate electrode attached to the controller (i.e., microcontroller), and a drain electrode connected to the capacitor (i.e., electrical energy storage) ([0042], Fig. 3 components Q5, R, C3 and PWM).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electronic smoking article of TAKEUCHI to incorporate the teachings of LIU by incorporating a high-speed switching MOS transistor (i.e., switching element) into the control circuit of the power supply unit. Doing so would help regulate the electrical power delivered to the controller, thereby arriving at the presently claimed invention.
As to claims 13–14, modified TAKEUCHI discloses an electronic smoking article (i.e., aerosol generating device) as set forth above. However, modified TAKEUCHI does not explicitly teach the switching element comprises an NPN transistor, wherein the first electrode is connected to a positive terminal of the battery, the second electrode is connected to a base terminal of the NPN transistor, an emitter terminal of the NPN transistor is connected to the controller, a collector terminal of the NPN transistor is connected to the resistive element, and the resistive element is connected to a negative terminal of the battery.
LIU teaches an ultrasonic electronic cigarette comprising an oscillation control circuit (i.e., excited excitation module) for ultrasonic atomization sheet ([0005, 0023], Fig. 5). The oscillation control circuit includes the NPN type triodes (NPN type transistors) (i.e., switching elements) to regulate the current value in a power supply circuit ([0049], Fig. 5 components Q1, Q2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the electronic smoking article of modified TAKEUCHI to incorporate the further teachings of LIU by substituting the high-speed switching MOS transistor for the NPN type triode (NPN type transistor), ensuring that the second electrode is connected to the base terminal of the NPN transistor, the emitter terminal is connected to the controller, and the collector terminal is connected to the resistive element. Doing so would enable continuous monitoring and regulation of the electrical power delivered to the controller, thereby arriving at the presently claimed invention.
Claim(s) 12–14 is/are rejected under 35 U.S.C. 103 as being unpatentable over TAKEUCHI US 20180296779 (“TAKEUCHI”) in view of in further view of US 2015/0043117 (“XIANG”) (of record).
As to claim 12, TAKEUCHI discloses the aerosol generating device of claim 11.
XIANG further discloses wherein the power supply unit further comprises a switching element (Fig. 1, 200) configured to connect the battery (Fig. 2, Out+) and a controller (Fig. 1) when the battery is being charged ([0042]) and a resistive element configured to cut off overvoltage of the battery ([0057–59]).
It would have been obvious to one of ordinary skill in the art as of the effective filing date to incorporate the teachings of XIANG into TAKEUCHI for the benefit of preventing the battery rod from being burnt or short circuited (as taught by XIANG at [0006]).
When incorporating the above teachings, it would have been further obvious to ensure that these safety measures are in place when the first electrode and the second electrode are connected to each other because that is when the circuit of TAKEUCHI is complete and the battery is able to supply power (as taught by TAKEUCHI at Fig. 8, [0103–107]),
As to claim 13, TAKEUCHI and XIANG make obvious the aerosol generating device of claim 12.
TAKEUCHI fails to disclose wherein the switching element comprises an NPN transistor.
XIANG further teaches wherein the switching element comprises an NPN transistor ([0057]).
It would have been obvious to one of ordinary skill in the art as of the effective filing date to incorporate the teachings of XIANG into modified TAKEUCHI for the benefit of preventing the battery rod from being burnt or short circuited (as taught by XIANG at [0006]).
As to claim 14, TAKEUCHI and XIANG make obvious the aerosol generating device of claim 13.
TAKEUCHI fails to disclose wherein the first electrode is connected to a positive terminal of the battery, the second electrode is connected to a base terminal of the NPN transistor, an emitter terminal of the NPN transistor is connected to the controller, a collector terminal of the NPN transistor is connected to the resistive element, and the resistive element is connected to a negative terminal of the battery.
XIANG further teaches various electrical arrangements (Figs. 1–3), which when incorporated, would arrive at make obvious wherein the first electrode is connected to a positive terminal of the battery, the second electrode is connected to a base terminal of the NPN transistor, an emitter terminal of the NPN transistor is connected to the controller, a collector terminal of the NPN transistor is connected to the resistive element, and the resistive element is connected to a negative terminal of the battery.
It would have been obvious to one of ordinary skill in the art as of the effective filing date to incorporate the teachings of XIANG’s Figs. 1–2 into modified TAKEUCHI for the benefit of preventing the battery rod from being burnt or short circuited (as taught by XIANG at [0006]).
Therefore, TAKEUCHI and XIANG make obvious the aerosol generating device of claim 14.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1–14 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20130341218 discloses “The touch key unit of the present invention is designed as a resistive touch switch or a capacitive sensor switch; namely, a slide-type key unit or a touch-type key unit. Human bodies are electrically conducting, while circuits on the touch sensor element 11 of the capacitive sensor switch are capable of generating an electrostatic field spread evenly thereon. When a finger moves on the touch zone 25, capacitance on surfaces of conductors of the touch sensor element is changed, whereby the touch detection control circuit 12 is executed according to the change in capacitance to perform the predefined function. A capacitive key unit is very easy to use, inasmuch as whatever types of dielectrics (such as glass, plastic material, stone, ceramics, or wood) are in between the touch sensor element 11 (i.e. an inductive electrode or conductor) and the finger is capable of responding to signals of an individual sensor area, and is therefore high sensitive. The principal of utilizing the resistive touch switch is to touch a finger to two electrically separated conductors so as to control the circuit on or off. For example, provide metal points of A and B as dual contact touch electrodes. The circuit is off when a finger doest not touch the electrodes A and B. While the finger simultaneously touches the electrodes A and B as put an equivalent effect resistance, resistance is changed and therefore the circuit is controlled by variation of the resistance being detected.” ([0041])
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 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 MANLEY L CUMMINS IV whose telephone number is (571)272-1060. The examiner can normally be reached Monday-Friday 9:30 a.m. - 6:00 p.m. (CST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H. Wilson can be reached at (571) 270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MANLEY L CUMMINS IV/Primary Examiner, Art Unit 1747