DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 3, 7-9, 21 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sur (US 2020/0337382) in view of Mironov et al (US 2017/0231277) and Reevell (US 2020/0154774).
Sur discloses the aerosol provision device claimed including a coupler (230) to engage a consumable/cartridge with an aerosol generator (220; shown by an electrical heater) and aerosol-generating material (218; reservoir/tank), the consumable having target values (e.g., resistance values) of an electrical characteristic that are associated with power modes of different levels (e.g., on and off or higher/lower powers) of power for different amounts (e.g., production or no-production, or higher or lower production amount) of aerosol generated from the aerosol-generating material, circuitry (Figure 9) that including processing circuitry to control power to the aerosol generator (para 0015 and 0127) to energize the aerosol-generating material to generated aerosol wherein the processing circuitry is configured to measure the electrical characteristic of the consumable to obtain a value of the electrical characteristic to identify the consumable based on the measured/determined electrical characteristic (i.e., resistance or resistance or resistivity of the aerosol material/composition; para 0154) wherein the power is further controlled based on the identified consumable (para 0127 and 0152). But, Sur does not explicitly disclose identifying the target value that mostly closely matches the value of the electrical characteristic of the consumable wherein the electrical characteristic is that of one or more of electrical components in circuit including the aerosol generator.
Mironov discloses an aerosol provision device for a control system that identifies a consumable/aerosol-forming substrate wherein the identity is based on an electrical characteristic or electrical quantity information (e.g., resistance; para 0087-0089) that matches an expected value or range of values (para 0045) wherein the identity is also determined based on an amount of aerosol (para0082) wherein a power supply is further controlled based on the determined identity of the liquid aerosol-forming substrate (para 0193).
Reevell discloses it is known to provide an aerosol generator including a plurality of electrical components including a customizable resistor (40) which is used to identify a type of consumable (24) by measuring its electrical characteristic (i.e., its resistance; para 0007 and 0059) wherein the measured electrical characteristic identifies the consumable and to control a heating power/level as the electrical characteristic value (resistance) is identified with a heating profile of the consumable (para 0027 and 0069).
In view of Mironov and Reevell, it would have been obvious to one of ordinary skill in the art to adapt Sur with the processing circuitry that identifies one of the target values of the consumable by measuring the electrical characteristics of the consumable as taught by Mironov wherein such electrical characteristic (e.g., resistance) can be an electrical component such as a resistor of an aerosol generator as shown in Reevell wherein the measured resistance/resistivity of the consumable is matched with an expected target value that identifies the consumable wherein the power supply would be controlled including a power level or different levels of power based on the identity of the consumable including an amount of aerosol or different amounts of aerosol that would predictably increase or decrease a concentration of the aerosol (also, see para 0136 of Mironov) based on the different levels of power that would generate different heating temperatures or controlling a number of user puffs (para 0127 of Mironov; and para 0147-0149 of Sur) as desired.
With respect to claim 3, Sur in combination with Mironov and Reevell discloses for the electrical characteristic is electrical resistance wherein the target values are also target electrical resistance values (also, see para 0026 of Sur) wherein the electrical characteristic can be electrical resistance values (para 0087 of Mironov; and para 0060 of Reevell).
With respect to claims 7 and 9, Sur in combination with Mironov and Reevell discloses that different types of consumables can be used (para 0008 of Mironov; and para 0060 of Reevell) whose identity is made by its electrical characteristics (e.g., resistance values) with a power applied to the consumables wherein a first power mode of a first power level would have applied to a first consumable wherein another subsequent/second consumable would have been applied to a second power mode of a second level of power for identifying its respective electrical characteristics including measuring and obtaining a second value of the electrical characteristic (i.e., second resistance value associated with the second consumable).
With respect to claim 8, Sur shows a consumable/cartridge (104) that receives or holds a volume of aerosol-generating material/precursor in its revoir/tank wherein Sur further discloses for a plurality of precursors that are usable including a second type of consumable having its second volume of a precursor can be used for the device. Also, Mironov and Reevell also shows a plurality of consumable types wherein each of the consumables would have its respective first and second volume of aerosol-generating materials. Also, see para 0077 and 0089 of Mironov; and para 0026 of Reevell.
With respect to claim 21, Sur in combination with Mironov and Reevell discloses the aerosol generator having a plurality of lumped (grouped) electrical elements as shown in Figure 1A of Reevell.
With respect to claim 22, Sur discloses the coupler (230) that provides electrical connections (para 0083) between a control body (102 having a processing circuitry 208; para 0076) and the cartridge (104) having the aerosol generator (i.e., heating body) wherein the processing circuitry would be configured to measure the electrical characteristic of the consumable, and Reevell shows for electrical contacts (T1, T2 and T3) that connect the electrical components to a control circuitry (20; also see para 0023) that determines the electrical characteristic of the electrical component, and thus, it would have been obvious to further adapt Sur with the coupler that includes the electrical connectors wherein the processing circuitry would predictably measure the electrical characteristic of the consumable at the electrical connectors where the consumable is electrically connected with the processing circuitry to predictably measure the electrical property or the electrical characteristic of the consumable.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sur in view of Mironov and Reevell as applied to claims 1, 3, 7-9, 21 and 22 above, and further in view of Bilat (US 2019/0110520).
Sur in view of Mironov and Reevell shows the device claimed except for the processing circuitry that is configured to confirm the value of the electrical resistance of the consumable is above a threshold resistance that is indicates a short-circuit condition before one of the one of the resistances values is identified.
Bilat shows it is known to provide a processing circuitry with an aerosol generating device having a pair of conductors connectable to a consumable wherein if there is short, a resistance would be 0 (zero) and if there is no short, there would be a resistance (above a threshold resistance value of 0 zero) associated with consumable (para 0089) wherein information relating to the consumable is “live” and information can be determined from the consumable (para 0085).
In view of Bilat, it would have been obvious to one of ordinary skill in the art to adapt Sur as modified by Mironov and Reevell with the processing circuitry to confirm if there is a short-circuit condition or no short-circuit condition (i.e., above a threshold resistance of zero resistance) before one of the target electrical resistance values is identified as the processing circuitry would begin determining the information from the consumable when connection with the consumable is established or “live”.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sur in view of Mironov and Reevell as applied to claims 1, 3, 7-9, 21 and 22 above, and further in view of Ampolini et al (US 2014/0270727).
Sur in view of Mironov and Reevell shows the device claimed except for the processing circuitry to measure a voltage and a current through the aerosol generator to calculate and adjust the power as claimed.
Ampolini shows it is known to provide a processing circuitry for controlling a heating device (aerosol generator) by determining a power provided to the heating element that is product of voltage and current through the heating device wherein the determined power is further adjusted based on a selected/average power (a threshold power when the measured power is deviated from or different from the threshold/preset power) to further control the power of the heating device to maintain the desired heating output.
In view of Ampolini, it would have been obvious to one of ordinary skill in the art to adapt Sur, as modified by Mironov and Reevell, to adapt the processing circuitry to measure a volage and current through the aerosol generator to determine and adjust the power of the aerosol generator to predictably maintain the desired heating output to produce the desired amount/flavor of the aerosol from the aerosol-generating material that meet the needs of the user as known in the art.
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot in view of the new ground of rejection including Reevell that is applied to teach measuring the electrical characteristic of the consumable by measuring the electrical characteristic of an electrical component (resistor 40) in circuit including the aerosol generator as stated in the ground of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bowen et al (US 2018/0043114) discloses for measuring electrical characteristic of the consumable by measuring electrical characteristic (e.g., electrical resistance) of an electrical component (e.g., heater; also, see para 0067).
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/SANG Y PAIK/Primary Examiner, Art Unit 3761
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