DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/14/2025 has been entered.
Response to Amendment
This office action is in response to Applicant’s amendment filed 7/14/2025.
Claims 1, 9, and 19 are amended.
Claims 8 and 20 are cancelled.
Claim 22 is newly added.
Claims 1-7, 9-19, and 21-22 are pending.
Response to Arguments
Applicant' s arguments, see pages 12-15, filed 7/14/2025, with respect to the rejections of claims 1, 5, 9, 13-19, and 21 under 35 U.S.C. 103 as being unpatentable over Campbell in view of Nelson and Jeong and claims 1 and 6-7 under 35 U.S.C. 103 as being unpatentable over Li in view of Nelson and Jeong have been fully considered and are persuasive. Applicant has amended claims 1 and 9 to include the limitations “the heating material is arranged…to heat the smokable material to a predetermined volatilizing temperature to volatilize the components for inhalation,” “a temperature sensor configured to detect when the smokable material has been heated to the predetermined volatilizing temperature,” and “wherein the magnetic field generator is configured to automatically cease to generate the magnetic field when the temperature sensor detects that the smokable material has been heated to the predetermined volatizing temperature.” The Examiner notes that such an amendment shifts the claimed invention away from possibly being interpreted as including overheat protection. The combination of Nelson and Jeong fails to disclose such limitations. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly cited prior art. The Examiner further addresses Applicant’s arguments regarding Nelson below.
Applicant's arguments filed 7/14/2025 with respect to Nelson have been fully considered but they are not persuasive.
Applicant argues that Nelson discloses, as a safety feature, that if a temperature of a temperature sensor exceeds a particular value, then energy may be prevented from being transferred to the heating element (citing [0090]) (p. 13). Applicant argues that Nelson only describes preventing energy from being supplied when an overheat condition is detected, and not when a desired pre-determined volatilizing temperature is reached (p. 13-14).
The Examiner has noted Applicant’s argument that the controller may be conditioned to prevent overheat protection. However, the Examiner contends that Nelson is also relevant for detecting when a desired predetermined volatilizing temperature is reached. Nelson teaches a predetermined maximum temperature for the heating chamber may be selected as 230 °C, as many phyto materials volatilize between approximately 180 and 200 °C ([0057]), such that (1) when the predetermined temperature is achieved, the controller, based on a signal provided by a sensor, may cause energy to cease flowing to the heating element; and (2) when the temperature falls below the predetermined temperature, the controller may cause energy to flow to the heating element ([0084]-[0085]). This shows that Nelson also relates to controlling the power supplied to the heating element when the predetermined volatilizing temperature is reached and not just overheat protection as Applicant argues.
Claim Objections
Claims 1, 9 and 22 are objected to because of the following informalities:
Regarding claims 1, 9, and 22, the claim limitation “the predetermined volatizing temperature” (last line) should be changed to “the predetermined volatilizing temperature” to remain consistent with the rest of the claim.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
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 factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) 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, 5, 9, 13-19, and 21-22 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Campbell et al. (US 5613505; of record) in view of Nelson (US 2007/0045288; of record) and Holz (US 4110588).
Regarding claims 1 and 9, Campbell discloses inductive heating systems for smoking articles (title; “apparatus configured to volatilize components of smokable material for inhalation”) comprising:
a paper overwrap (310; Fig. 8, 10A, 10C; “housing”) which is a cigarette paper overwrapped about a tobacco-laden tubular carrier (see col. 2, ll. 8-11; col. 8, ll. 64-col. 9, ll. 2; the space defined by the cylindrical paper overwrap defines the “smokable material heating chamber”); and
a susceptor (“heating material”) comprising a discrete cylindrical susceptor layer (300; col. 9, l. 21) an integral layer (400), or susceptor material (SM), which is heated by an induction source producing an alternating electromagnetic field (“heated by a presence of a varying magnetic field”) which in turn heats tobacco flavor medium (col. 3, ll. 45-49; “transfer heat energy to smokable material”), the tobacco flavor medium (TM; “smokable material”) is located within the paper overwrap (see col. 2, ll. 8-11; col. 8, ll. 64-col. 9, ll. 2, describing the paper overwrap wraps about the tobacco) to generate flavors and aerosols (col. 8, l. 47; “volatilize the components”) at a temperature necessary to produce aerosol delivery within the smoking device when exposed to an alternative magnetic field (col. 13, ll. 15-20; “predetermined volatilizing temperature”);
wherein the susceptor comprises the discrete susceptor layer (300), integral layer (400), or susceptor material (SM) (each considered “comprised in a heating member”), the heating member is elongate (see Figs. 8, 10A, 10C; it has a length), wherein the tobacco flavor medium has the form of a cylindrical layer of tobacco (col. 9, ll. 19-21; see also Fig. 8), and the paper overwrap is wrapped around the cylindrical layer of tobacco material and susceptor (see col. 2, ll. 8-11; col. 8, ll. 64-col. 9, ll. 2; “co-axially around the heating member” wherein the coaxial axis is the longitudinal axis of the cylindrical layer of tobacco);
wherein the paper overwrap, the susceptor, and the tobacco flavor medium form a cigarette (C; see col. 8, ll. 64-67); and
an induction source (“varying magnetic field generator”) that produces the alternating electromagnetic field which induces the heat generating eddy current in the susceptor to heat the tobacco flavor medium located in thermal proximity (col. 3, ll. 44-50; see also Figs. 1-7) upon insertion and activation (col. 14, l. 24).
Regarding the claim limitation “disposable item,” one of ordinary skill in the art would appreciate that the cigarette is disposable and intended to be disposed of after heating.
However, Campbell is silent as to a temperature sensor configured to detect when the smokable material has been heated to the predetermined volatilizing temperature, wherein the temperature sensor communicates with an alerting unit in the form of an alarm or an indicator light to alert a user that the smokable material has been heated to the predetermined volatilizing temperature.
Nelson teaches an inhaler (“title”) comprising a sensor including a temperature sensor (para. 59) that may provide the controller with data regarding the parameters of the heating element, the heating chamber, the constituent (i.e., “detect when the smokable material has been heated to a predetermined volatilizing temperature”), the volatilized fluid, and other elements of the volatizing device ([0060]) such that (1) when the predetermined temperature has been reached, the controller may cause energy to cease flowing to the heating element; and (2) when the temperature falls below the predetermined temperature, the controller may cause energy to flow to the heating element ([0084]); and an indicator light (126) may illuminate to provide information that the unit is actively volatilizing a material ([0041]) and a display (114) configured to provide information including the temperature within a heating chamber ([0041], [0082], [0085]) (the indicator lights and display are collective “an alerting unit configured to alert a user that the predetermined volatilizing temperature has been reached”) and also the controller may prevent energy from being transferred to the heating element if the temperature indicated by one of the sensors exceeds the predetermined value ([0084], [0090]).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have added a temperature sensor connected to the constituent/smokable material, an indicator light, and a display as in Nelson to Campbell’s heating system in order to obtain the predictable result of detecting when the constituent/smokable material has achieved a predetermined temperature and providing information that the unit is actively volatilizing the material, and/or provide information regarding the temperature within the heating chamber and prevent energy from being transferred to the heating element if the temperature exceeds the predetermined value (Nelson; paras. 41, 82, 90), thus improving the user experience and safety.
Furthermore, modified Campbell is silent as to wherein the magnetic field generator is configured to automatically cease to generate the magnetic field when the temperature sensor detects that the smokable material has been heated to the predetermined volatilizing temperature.
Holz teaches an induction apparatus for heating fluids (title) comprising a cup (60; Fig. 2) carrying a fluid to be heated (col. 1, ll. 44-45) including a bottom wall of metal which is a lossy magnetic material that can be inductively heated (col. 1, ll. 50-53; “heating material”), a temperature-sensing diode (130; “temperature sensor”), and an electronic circuit (24) for use with the cup (col. 2, ll. 19-20; Fig. 3), wherein in operation, the cup containing the fluid is heated based on the control knob (33; Fig. 1) set to a desired temperature (similar to the “predetermined temperature”) and the temperature-sensing diode senses a temperature such that (1) if the temperature is below the desired selected temperature for the fluid, the oscillator (200; “magnetic field generator”) turns on and heating current is induced in the metal based of the cup (col. 3, ll. 37-55), and (2) when the temperature of the fluid reaches the desired level, the sensor diode causes the oscillator transistor to turn off (col. 3, ll. 56-60; “automatically cease to generate magnetic field when the temperature sensor detects the material has been heated to the predetermined temperature”).
It would have been obvious to said skilled artisan to have applied Holz’s method of turning the oscillator off when the temperature reaches a predetermined temperature to modified Campbell’s heating system in order to provide a simple and inexpensive way to inductively heat with an accurate temperature control of about one-tenth to one-half a degree Fahrenheit (Holz; col. 4, l. 67-col. 5, l. 2) thus providing a more consistent vaporization.
Regarding claims 5 and 13, modified Campbell discloses the discloses the susceptor element consists of conductive/resistive permeable filler particles within the binder matrix (col. 13, ll. 29-31; emphasis added; “plurality of separate pieces”). Moreover, Campbell discloses in that the susceptor material (SM; Fig. 10C) comprises discrete portions of susceptor material separated by gaps (col. 11, ll. 7-15; also “separate pieces of heating material”).
Regarding claims 14 and 21, modified Campbell discloses the induction sources respectively fire in a sequential order around the circumference or in any other desired pattern to minimize undesired heat transfer to portions of the cigarette which are not intended to be heated (col. 6, ll. 7-15). Moreover, modified Campbell discloses that a processor may detect unexpected energy delivery to the susceptor due to a significant shift in detected susceptor’s physical properties and interrupts operation of the lighter by turning off the PWM controller chip (col. 15, ll. 37-41). Both of these situation would involve automatically ceasing generation of the magnetic field after a predetermined period has elapsed.
Regarding claim 15, modified Campbell discloses the tobacco flavor medium comprises tobacco, reconstituted tobacco, or combination thereof (col. 5, ll. 20-24; “tobacco”).
Regarding claim 16, regarding the claim limitation “wherein the heating material is heated by effects of magnetic induction to a temperature which is sufficient to volatilize the component of the smokable material in the heating chamber without burning the smokable material,” this limitation has been considered, and construed as the manner of operating an apparatus that adds no additional structure to the apparatus as claimed. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114. However, because the apparatus of modified Campbell is identical to the claimed invention, it is capable of being operated with similar if not identical claimed characteristics.
Regarding claim 17, modified Campbell discloses the susceptor comprising a discrete cylindrical susceptor layer (300; col. 9, l. 21) an integral layer (400), or susceptor material (SM) are all located within the paper overwrap (310) and therefore contained next to the space defined by the cylindrical paper overwrap (i.e. “adjacent the smokable material heating chamber”).
Regarding claim 18, modified Campbell discloses generating flavors (“aromatic compounds”) and aerosols (col. 8, l. 47).
Regarding claim 19, modified Campbell further discloses a method comprising:
producing an alternating electromagnetic field (col. 3, ll. 45-46; “generating a varying magnetic field”);
inducing a heat generating eddy current in the susceptor to heat the susceptor (col. 3, ll. 46-47; “induce an electrical current in the heating material and thereby heating the heating material”); and
heating the tobacco flavor medium located in thermal proximity to the heated susceptor “col. 3, ll. 47-49; “transferring thermal energy form the heating material to the smokable material to heat the smokable material to a volatilizing temperature”) to generate flavors and aerosols (col. 8, l. 47; “volatilize the components”) at a temperature necessary to produce aerosol delivery within the smoking device when exposed to an alternative magnetic field (col. 13, ll. 15-20; “predetermined volatilizing temperature”).
Regarding claim 22, Campbell discloses inductive heating systems for smoking articles (title; “apparatus configured to volatilize components of smokable material for inhalation”) comprising:
a paper overwrap (310; Fig. 8, 10A, 10C; “housing”) which is a cigarette paper overwrapped about a tobacco-laden tubular carrier (see col. 2, ll. 8-11; col. 8, ll. 64-col. 9, ll. 2; the space defined by the cylindrical paper overwrap defines the “smokable material heating chamber”); and
a susceptor (“heating material”) comprising a discrete cylindrical susceptor layer (300; col. 9, l. 21) an integral layer (400), or susceptor material (SM), which is heated by an induction source producing an alternating electromagnetic field (“heated by a presence of a varying magnetic field”) which in turn heats tobacco flavor medium (col. 3, ll. 45-49; “transfer heat energy to smokable material”), the tobacco flavor medium (TM; “smokable material”) is located within the paper overwrap (see col. 2, ll. 8-11; col. 8, ll. 64-col. 9, ll. 2, describing the paper overwrap wraps about the tobacco) to generate flavors and aerosols (col. 8, l. 47; “volatilize the components”) at a temperature necessary to produce aerosol delivery within the smoking device when exposed to an alternative magnetic field (col. 13, ll. 15-20; “predetermined volatilizing temperature”);
wherein the susceptor comprises the discrete susceptor layer (300), integral layer (400), or susceptor material (SM) (each considered “comprised in a heating member”), the heating member is elongate (see Figs. 8, 10A, 10C; it has a length), wherein the tobacco flavor medium has the form of a cylindrical layer of tobacco (col. 9, ll. 19-21; see also Fig. 8), and the paper overwrap is wrapped around the cylindrical layer of tobacco material and susceptor (see col. 2, ll. 8-11; col. 8, ll. 64-col. 9, ll. 2; “co-axially around the heating member” wherein the coaxial axis is the longitudinal axis of the cylindrical layer of tobacco);
wherein the paper overwrap, the susceptor, and the tobacco flavor medium form a cigarette (C; see col. 8, ll. 64-67); and
an induction source (“varying magnetic field generator”) that produces the alternating electromagnetic field which induces the heat generating eddy current in the susceptor to heat the tobacco flavor medium located in thermal proximity (col. 3, ll. 44-50; see also Figs. 1-7) upon insertion and activation (col. 14, l. 24).
However, Campbell is silent as to a temperature sensor configured to detect when the heating material has been heated to the predetermined volatilizing temperature, wherein the temperature sensor communicates with an alerting unit in the form of an alarm or an indicator light to alert a user that the heating material has been heated to the predetermined volatilizing temperature.
Nelson teaches an inhaler (“title”) comprising a sensor including a temperature sensor (para. 59) that may provide the controller with data regarding the parameters of the heating element (“heating material configured to be heated…to a predetermined volatilizing temperature”), the heating chamber, the constituent, the volatilized fluid, and other elements of the volatizing device ([0060]) such that (1) when the predetermined temperature has been reached, the controller may cause energy to cease flowing to the heating element; and (2) when the temperature falls below the predetermined temperature, the controller may cause energy to flow to the heating element ([0084]); and an indicator light (126) may illuminate to provide information that the unit is actively volatilizing a material ([0041]) and a display (114) configured to provide information including the temperature within a heating chamber ([0041], [0082], [0085]) (the indicator lights and display are collective “an alerting unit configured to alert a user that the predetermined volatilizing temperature has been reached”) and also the controller may prevent energy from being transferred to the heating element if the temperature indicated by one of the sensors exceeds the predetermined value ([0084], [0090]).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have added a temperature sensor connected to the heating element, an indicator light, and a display as in Nelson to Campbell’s heating system in order to obtain the predictable result of detecting when the heating element has achieved a predetermined temperature and providing information that the unit is actively volatilizing a material, and/or provide information regarding the temperature within the heating chamber and prevent energy from being transferred to the heating element if the temperature exceeds the predetermined value (Nelson; paras. 41, 82, 90), thus improving the user experience and safety.
Furthermore, modified Campbell is silent as to wherein the magnetic field generator is configured to automatically cease to generate the magnetic field when the temperature sensor detects that the heating material has been heated to the predetermined volatizing temperature.
Holz teaches an induction apparatus for heating fluids (title) comprising a cup (60; Fig. 2) carrying a fluid to be heated (col. 1, ll. 44-45) including a bottom wall of metal which is a lossy magnetic material that can be inductively heated (col. 1, ll. 50-53; “heating material”), a temperature-sensing diode (130; “temperature sensor”), and an electronic circuit (24) for use with the cup (col. 2, ll. 19-20; Fig. 3), wherein in operation, the cup containing the fluid is heated based on the control knob (33; Fig. 1) set to a desired temperature (similar to the “predetermined temperature”) and the temperature-sensing diode senses a temperature such that (1) if the temperature is below the desired selected temperature for the fluid, the oscillator (200; “magnetic field generator”) turns on and heating current is induced in the metal based of the cup (col. 3, ll. 37-55), and (2) when the temperature of the fluid reaches the desired level, the sensor diode causes the oscillator transistor to turn off (col. 3, ll. 56-60; “automatically cease to generate magnetic field when the temperature sensor detects the material has been heated to the predetermined temperature”).
It would have been obvious to said skilled artisan to have applied Holz’s method of turning the oscillator off when the temperature reaches a predetermined temperature to modified Campbell’s heating system in order to provide a simple and inexpensive way to inductively heat with an accurate temperature control of about one-tenth to one-half a degree Fahrenheit (Holz; col. 4, l. 67-col. 5, l. 2) thus providing a more consistent vaporization.
Claims 2-4 and 10-12 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Campbell et al. in view of Nelson and Holz as applied to claims 1 and 9 above, and further evidenced by Chalapud (“Pectin Films with Recovered Sunflower Waxes Produced by Electrospraying;” of record) and Excellup (“Solid State;” of record).
Regarding claims 2 and 10, modified Campbell discloses the apparatus as discussed above with respect to claims 1 and 9, wherein an eddy current will generate heat proportional to the current density and the conductor resistivity, wherein the conductor capable of being inductively heated is known an a susceptor (col. 4, l. 65-col. 5, l. 8; “heating material is susceptible to eddy currents induced by the varying magnetic field…causing the heating material to be resistively heated”), wherein the susceptor is includes a high magnetic permeability and low specific electrical resistivity material such as aluminum or silver (col. 13, ll. 20-21; “heating material”), and a food grade binder such as pectin or Konjac (col. 13, ll. 22-24; “base material”), wherein the susceptor element consists of conductive/resistive (permeable) filler particles [of aluminum or silver] within the binder matrix (col. 13, ll. 29-31).
Regarding the claim limitation “base material not susceptible to the induction of eddy currents in the presence of the varying magnetic field” Campbell discloses that the susceptor needs to be a conductor to be capable of inductive heating (col. 4, l. 65-col. 5, l. 8). Moreover, as evidenced by Chalapud, pectin solutions have a conductivity of 858.3 or 1012.3 µS/cm depending on methoxyl content (Table 1), which is equivalent to 8.585*10-2 S/m and 1.0123*10-1 S/m. As evidenced by Excellup, conductors are known to have a conductivity in the range of 104 to 107 1/Ωm (equivalent to S/m) (see p. 1). Therefore, pectin does not have the requisite conductivity/resistivity as suggested by Campbell to be susceptible to induction of eddy currents.
Regarding claims 3 and 11, modified Campbell discloses the susceptor element consists of conductive/resistive permeable filler particles within the binder matrix (col. 13, ll. 29-31; “base material is in thermal contact with the heating material”).
Regarding the claim limitation “the base material being configured to retain heat energy received from the heating material and to transfer the heat energy to the smokable material in the smokable material heating chamber to volatilize the components,” this limitation has been considered, and construed as the manner of operating an apparatus that adds no additional structure to the apparatus as claimed. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114. However, modified Campbell discloses all of the structural features and physical properties of the heating member as claimed and therefore the binder matrix of modified Campbell is capable of retaining heat energy from the conductive filler particles and transferring the heat energy to the tobacco flavor material.
Regarding claims 4 and 12, with respect to the claim limitation “the heat retentive base material is configured to transfer the heat energy to the smokable material over an extended period so as to raise and maintain a temperature of the smokable material at a volatilizing temperature for the extended period without simultaneous heating of the heating material by the varying magnetic field,” this limitation has been considered, and construed as the manner of operating an apparatus that adds no additional structure to the apparatus as claimed. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2114. However, modified Campbell discloses all of the structural features and physical properties of the heating member as claimed and therefore the binder matrix of modified Campbell is capable of retaining heat energy from the conductive filler particles and transferring the heat energy to the tobacco flavor material.
Claims 1 and 6-7 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Li et al. (US 2012/0234315; of record) in view of Nelson (US 2007/0045288; of record) and Holz (US 4110588).
Regarding claim 1, Li discloses a high frequency induction atomization device (abstract; “apparatus configured to volatilize components of smokable material for inhalation”) comprising:
a second housing (18; the space defined by the second housing defines the “smokable material heating chamber”); and
an atomizing core (1; “heating material”) which raises sharply to the boiling point of the atomizing liquid via a high frequency coil generating a high frequency electromagnetic current by induction (paras. 4, 20; “heated by a presence of a varying magnetic field”) and wherein the atomizing liquid in a liquid storage component (14; para. 17; “smokable material”) is vaporized (para. 20; “transfer heat energy to smokable material”) at the boiling point of the atomizing liquid (para. 20; “predetermined volatilizing temperature”) within the second housing (see Fig. 2), wherein the atomizing core (“heating member”) comprises an elongate member (see Fig. 1; has a longitudinal length) and the space defined by the second housing is located coaxially around the atomizing core (see Fig. 1); and
a high frequency generator (6; “magnetic field generator”) which generates the high frequency current by induction (para. 20).
However, Li is silent as to a temperature sensor configured to detect when the smokable material has been heated to the predetermined volatilizing temperature, where in the temperature sensor communicates with an alarm or indicator light configured to alert a user that the smokable material has been heated to the predetermined volatilizing temperature.
Nelson teaches an inhaler (“title”) comprising a sensor including a temperature sensor (para. 59) that may provide the controller with data regarding the parameters of the heating element, the heating chamber, the constituent (i.e., “detect when the smokable material has been heated to a predetermined volatilizing temperature”), the volatilized fluid, and other elements of the volatizing device ([0060]) such that (1) when the predetermined temperature has been reached, the controller may cause energy to cease flowing to the heating element; and (2) when the temperature falls below the predetermined temperature, the controller may cause energy to flow to the heating element ([0084]); and an indicator light (126) may illuminate to provide information that the unit is actively volatilizing a material ([0041]) and a display (114) configured to provide information including the temperature within a heating chamber ([0041], [0082], [0085]) (the indicator lights and display are collective “an alerting unit configured to alert a user that the predetermined volatilizing temperature has been reached”) and also the controller may prevent energy from being transferred to the heating element if the temperature indicated by one of the sensors exceeds the predetermined value ([0084], [0090]).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have added a temperature sensor connected to the constituent/smokable material, an indicator light, a and display as in Nelson to Li’s heating system in order to obtain the predictable result of detecting when the constituent/smokable material has achieved a predetermined temperature and providing information that the unit is actively volatilizing a material and/or provide information regarding the temperature within the heating chamber and prevent energy from being transferred to the heating element if the temperature exceeds the predetermined value (Nelson; paras. 41, 82, 90), thus improving the user experience and safety.
Furthermore, modified Li is silent as to wherein the magnetic field generator is configured to automatically cease to generate the magnetic field when the temperature sensor detects that the smokable material has been heated to the predetermined volatilizing temperature.
Holz teaches an induction apparatus for heating fluids (title) comprising a cup (60; Fig. 2) carrying a fluid to be heated (col. 1, ll. 44-45) including a bottom wall of metal which is a lossy magnetic material that can be inductively heated (col. 1, ll. 50-53; “heating material”), a temperature-sensing diode (130; “temperature sensor”), and an electronic circuit (24) for use with the cup (col. 2, ll. 19-20; Fig. 3), wherein in operation, the cup containing the fluid is heated based on the control knob (33; Fig. 1) set to a desired temperature (similar to the “predetermined temperature”) and the temperature-sensing diode senses a temperature such that (1) if the temperature is below the desired selected temperature for the fluid, the oscillator (200; “magnetic field generator”) turns on and heating current is induced in the metal based of the cup (col. 3, ll. 37-55), and (2) when the temperature of the fluid reaches the desired level, the sensor diode causes the oscillator transistor to turn off (col. 3, ll. 56-60; “automatically cease to generate magnetic field when the temperature sensor detects the material has been heated to the predetermined temperature”).
It would have been obvious to said skilled artisan to have applied Holz’s method of turning the oscillator off when the temperature reaches a predetermined temperature to modified Li’s induction heating system in order to provide a simple and inexpensive way to inductively heat with an accurate temperature control of about one-tenth to one-half a degree Fahrenheit (Holz; col. 4, l. 67-col. 5, l. 2), thus providing a more consistent vaporization.
Regarding claim 6, modified Li discloses that the atomizing core and liquid storage component are is detachably mounted to the holder to facilitate changing thereof (paras. 8, 14; “smokable material is provided in a smokable material consumable which can be inserted into, and removed from, the smokable material heating chamber”).
Regarding claim 7, modified Li discloses the liquid storage component is connected to one end of the atomizing core (para. 22; “smokable material consumable can be slid onto and off the heating member”).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Aoki (US 4638135) teaches an induction heat cooking apparatus wherein the inverter circuit is intermittently actuated when the load temperature exceeds the set temperature (col. 2, ll. 31-36) and turning on an LED when the difference between the set temperature and measure temperature falls within a predetermined range (col. 5, ll. 18-25).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONNY V NGUYEN whose telephone number is (571)272-8294. The examiner can normally be reached Monday - Friday; 7:00 AM - 3:00 PM EST.
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/SONNY V NGUYEN/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755