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 .
Response to Amendment
This office action is responsive to the amendment filed on 04/15/2026. As directed by the amendment: claim(s) 3 and 7-8 has/have been amended; no claim(s) has/have been cancelled and new claim(s) 15-20 has/have been added. Thus, claims 1-20 are presently pending in this application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 16 and 18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 16 and 18 recite the limitation “the proximity sensor being configured to detect the level of the aerosol precursor composition includes being configured to calculate the level of the aerosol precursor composition from the first and second capacitances.” It is unclear how a proximity sensor is configured to calculate since a proximity sensor only produces a signal that represents a value of a quantity based on the range detected by the proximity sensor. Examiner suggests amending claim 16 to include any other structural elements that correspond with the proximity sensor to calculate the volume of the aerosol precursor composition.
Claim 18 is a repeat of claim 16 and should optionally be cancelled if no other amendments will be made.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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) 1-4, 10, 12, and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Verleur et al (US 2016/0198767) in view of Tullis et al (US 6472887) and Young et al (US 2013/0174842).
Regarding claim 1, Verleur discloses a cartridge coupled or coupleable with a control body that is equipped with a control component (Fig. 9 #150 PCB) including a microprocessor ([0023] lines 1-3 ---"The Printed Circuit Board (PCB) 150 may include, for example, a light emitting diode (LED), a microcontroller, at least one capacitor, and at least one resistor.”), the control body being coupled or coupleable with the cartridge to form an aerosol delivery device, the cartridge comprising:
a housing (Fig. 8 #210 cartomizer body) defining a reservoir configured to retain aerosol precursor composition;
a heating element (Fig. 8 #240 heating element) configured to operate in an active mode in which the cartridge is coupled with the control body, the heating element (Fig. 8 #240 heating element) in the active mode being controllable by the control component to activate and vaporize components of the aerosol precursor composition;
and a proximity sensor (Fig. 8 #350 fluid level sensor), the proximity sensor or control component being configured to control at least one element function of the aerosol delivery device in response to the level of the aerosol precursor composition so detected ([0034] ---" In another embodiment, referring now to FIG. 9, the associated circuitry and switch 330 may be added to the PCB 150 in the battery housing 100. The output of the associated circuitry may be connected to a digital input of the microcontroller and the microcontroller firmware may be modified to turn off the heating coil if the signal indicates that the fluid level/humidity is below the predetermined level.”).
However, Verleur does not disclose a proximity sensor within the housing configured to interact with the reservoir to detect a level of the aerosol precursor composition in the reservoir without requiring any physical contact with the aerosol precursor composition.
Nonetheless, Tullis in the same field of endeavor being electric heating incorporating capacitive sensing, teaches a proximity sensor configured to detect a level of the aerosol precursor composition in the reservoir without requiring any physical contact with the aerosol precursor composition (Col. 3 lines 17-18 ---" The toner-capacitor is formed by placing two electrodes 310 and 315 outside the toner container 320.”).
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 cartridge of Verleur to incorporate the capacitive sensor outside of the cartridge as taught by Tullis for the benefit of reducing manufacturing cost. (Tullis Col. 2 lines 59-62)
However, Verleur in view of Tullis does not teach the proximity sensor within the housing.
Nonetheless, Young in the same field of endeavor being vaporizer devices teaches the proximity sensor within the housing ([0099] lines 4-8 ---" Position sensor 73 can comprise a proximity switch (e.g., optical), encoder, inductive (e.g., non-contact), Hall effect sensor, and other such devices. Position sensor 73 can be positioned anywhere within cavity 66 or attached to various portions of housing 60.”).
Nonetheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to position the proximity sensor inside the housing, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04 V. C.
Regarding claim 2, Verleur in view of Tullis and Young teaches the cartridge as appears above (see the rejection of claim 1), and Verleur teaches wherein the proximity sensor is a capacitive, ultrasonic, Hall effect, photoelectric or non-mechanical magnetic proximity sensor ([0033] lines 3-6 ---" The fluid level sensor 350 (capacitive, resistive or thermal conductivity humidity sensor) may be placed inside the cartomizer 200 in proximity to the heating element 240, inside the fiber batting 270.”).
Regarding claim 3, Verleur in view of Tullis and Young teaches the cartridge as appears above (see the rejection of claim 1), and Tullis teaches wherein the proximity sensor includes first (Fig. 3 #310 first electrode) and second (Fig. 3 #315 second electrode) capacitive proximity sensors configured to measure respectively first and second capacitances that indicate respectively the level and a reference (Col. 3 lines 17-24 ---" The toner-capacitor is formed by placing two electrodes 310 and 315 outside the toner container 320. The A.C. power source 325 drives the first electrode 310 of the toner-capacitor. This driving induces current flow between the amplifier 330 and the second electrode 315 of the toner-capacitor 305. The magnitude of this induced current depends on the capacitance C.sub.T of the toner-capacitor, and thereby on the amount of toner in the container 320.”).
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 cartridge of Verleur in view of Tullis and Young by incorporating the first and second capacitive proximity sensors as taught by Tullis for the benefit of reducing manufacturing cost. (Tullis Col. 2 lines 59-62)
Regarding claim 4, Verleur in view of Tullis and Young teaches the cartridge as appears above (see the rejection of claim 1), and Verleur teaches wherein the proximity sensor or control component being configured to control at least one function includes being configured to control a sensory-feedback member to provide a user-perceptible feedback ([0033] lines 6-11 ---" The associated circuitry may be operable to amplify and determine if the fluid level/humidity is above some predetermined level, as well as a switch 330 (e.g., Power FET) to interrupt the flow of current to the heating coil, may be installed upon a small PCB 340, also contained inside the cartomizer.” Examiner considers the user-perceptible feedback to be no more vapor being produced due to the interrupted flow of current to the heating coil.).
Regarding claim 10, Verleur in view of Tullis and Young teaches the cartridge as appears above (see the rejection of claim1), and Verleur teaches wherein the proximity sensor or microprocessor being configured to control at least one function includes being configured to alter a power state associated with the function ([0033] lines 6-11 ---" The associated circuitry may be operable to amplify and determine if the fluid level/humidity is above some predetermined level, as well as a switch 330 (e.g., Power FET) to interrupt the flow of current to the heating coil, may be installed upon a small PCB 340, also contained inside the cartomizer.”).
Regarding claim 12, Verleur in view of Tullis and Young teaches the cartridge as appears above (see the rejection of claim1), and Verleur teaches wherein the proximity sensor or microprocessor being configured to alter the power state associated with the function includes being configured to alter the power state of the heating element in response to the level of the aerosol precursor composition so detected ([0033] lines 6-11 ---" The associated circuitry may be operable to amplify and determine if the fluid level/humidity is above some predetermined level, as well as a switch 330 (e.g., Power FET) to interrupt the flow of current to the heating coil, may be installed upon a small PCB 340, also contained inside the cartomizer.”).
Regarding claim 14, Verleur in view of Tullis and Young teaches the cartridge as appears above (see the rejection of claim1), and Verleur teaches wherein the proximity sensor or control component being configured to control at least one function includes being configured to control the at least one function in response to a threshold of the level of the aerosol precursor composition so detected ([0033] lines 6-11 ---" The associated circuitry may be operable to amplify and determine if the fluid level/humidity is above some predetermined level, as well as a switch 330 (e.g., Power FET) to interrupt the flow of current to the heating coil, may be installed upon a small PCB 340, also contained inside the cartomizer.”).
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Verleur et al (US 2016/0198767) in view of Tullis et al (US 6472887) and Young et al (US 2013/0174842) as applied to claim 1, in further view of Bammer et al (US 2015/0045727).
Regarding claim 6, Verleur in view of Tullis and Young teaches the cartridge as appears above (see the rejection of claim 1), but does not teach wherein the proximity sensor or control component being configured to control at least one function includes being configured to upload to a service platform, data associated with the level of the aerosol precursor composition detected by the proximity sensor.
Nonetheless, Bammer in the same field of endeavor being capacitive sensing of fluids in a container, teaches wherein the proximity sensor or control component being configured to control at least one function includes being configured to upload to a service platform, data associated with the level of the aerosol precursor composition detected by the proximity sensor ([0047] ---"A capacity and measurement determination unit 15 is provided that respectively determines the ratio between the voltage at the output of the reference capacitor 11 and the voltage between the two electrodes 4, 5 and keeps this result available at its output and transmits it to the communication unit 7. A conversion of this ratio into a capacity or a value derived therefrom may be performed, whereby the respective ratio is respectively compared with reference ratios determined in advance at specified capacity values. Thus, for example, the capacity value Cm obtained can be converted according to the diagram of FIG. 3 into the respective fill level L of the fluid 14 in the fluid container. The communication unit 7 transmits this ratio or the respective converted value on request to the external data communication device 40.”).
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 cartridge of Verleur in view of Tullis and Young by incorporating the capacity and measurement determination unit and communication unit as taught by Bammer for the benefit of transmitting the ratio or the respective converted value on request to an external data communication device.
Regarding claim 7, Verleur in view of Tullis and Young teaches the cartridge as appears above (see the rejection of claim 1), but does not teach wherein the proximity sensor includes first and second capacitive proximity sensors configured to measure respectively first and second capacitances that indicate respectively the level and a reference, and the proximity sensor being configured to detect the level of the aerosol precursor composition includes being configured to calculate the level of the aerosol precursor composition from the first and second capacitances.
Nonetheless, Bammer in the same field of endeavor being capacitive sensing of fluids in a container, teaches the proximity sensor includes first (Fig. 4 #s 4 and 5 two electrodes) and second capacitive proximity sensors (Fig. 4 #11 reference capacitor) configured to measure respectively first and second capacitances that indicate respectively the level and a reference ([0047] lines 1-6 ---" A capacity and measurement determination unit 15 is provided that respectively determines the ratio between the voltage at the output of the reference capacitor 11 and the voltage between the two electrodes 4, 5 and keeps this result available at its output and transmits it to the communication unit 7.”),
and the proximity sensor being configured to detect the level of the aerosol precursor composition includes being configured to calculate the level of the aerosol precursor composition from the first and second capacitances ([0047] lines 6-12 ---" A conversion of this ratio into a capacity or a value derived therefrom may be performed, whereby the respective ratio is respectively compared with reference ratios determined in advance at specified capacity values. Thus, for example, the capacity value Cm obtained can be converted according to the diagram of FIG. 3 into the respective fill level L of the fluid 14 in the fluid container.”).
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 cartridge of Verleur in view of Tullis and Young by incorporating the proximity sensor as taught by Bammer for the benefit of converting a capacitance value to fluid container capacity value. (Bammer [0047])
Regarding claim 8, Verleur in view of Tullis and Young teaches the cartridge as appears above (see the rejection of claim 1), but does not teach wherein the proximity sensor includes first and second capacitive proximity sensors configured to measure respectively first and second capacitances that indicate respectively the level and a reference, and the proximity sensor being configured to detect the level of the aerosol precursor composition includes being configured to output or output signals corresponding to the first and second capacitances for the control component to calculate the level of the aerosol precursor composition from the first and second capacitances.
Nonetheless, Bammer teaches wherein the proximity sensor includes first (Fig. 4 #s 4 and 5 two electrodes) and second capacitive proximity sensors (Fig. 4 #11 reference capacitor) configured to measure respectively first and second capacitances that indicate respectively the level and a reference ([0047] lines 1-6 ---" A capacity and measurement determination unit 15 is provided that respectively determines the ratio between the voltage at the output of the reference capacitor 11 and the voltage between the two electrodes 4, 5 and keeps this result available at its output and transmits it to the communication unit 7.”),
and the proximity sensor being configured to detect the level of the aerosol precursor composition includes being configured to output or output signals corresponding to the first and second capacitances for the control component to calculate the level of the aerosol precursor composition from the first and second capacitances ([0047] lines 6-12 ---" A conversion of this ratio into a capacity or a value derived therefrom may be performed, whereby the respective ratio is respectively compared with reference ratios determined in advance at specified capacity values. Thus, for example, the capacity value Cm obtained can be converted according to the diagram of FIG. 3 into the respective fill level L of the fluid 14 in the fluid container.”).
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 cartridge of Verleur in view of Tullis and Young by incorporating the proximity sensor as taught by Bammer for the benefit of converting a capacitance value to fluid container capacity value. (Bammer [0047])
Claim(s) 5 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Verleur et al (US 2016/0198767) in view of Tullis et al (US 6472887) and Young et al (US 2013/0174842) as applied to claim 1, in further view of Tremblay et al (US 2015/0181945).
Regarding claim 5, Verleur in view of Tullis and Young teaches the cartridge as appears above (see the rejection of claim 1), but does not teach wherein the proximity sensor or control component being configured to control at least one function includes being configured to control the at least one function to alter a locked state of the aerosol delivery device.
Nonetheless, Tremblay in the same field of endeavor being electronic vaping devices, teaches wherein the proximity sensor or control component being configured to control at least one function includes being configured to control the at least one function to alter a locked state of the aerosol delivery device ([0181] ---" For example, in some embodiments, the controller 160 of the electronic cigarette 100 may be responsive to the detectable pattern of drawing 820 on the outlet 152 of the electronic cigarette 100 to enable the vapor-providing capability of the electronic cigarette 100. The vapor-providing capability of the electronic cigarette 100 may be disabled by default (e.g., after a period of time such as 5 or 10 minutes following a last time it was used for vaping) and enabled when the controller 160 detects the detectable pattern of drawing 820 on the outlet 152 of the electronic cigarette 100. The user may thus perform the detectable pattern of drawing 820 on the outlet 152 of the electronic cigarette 100 to "unlock" the electronic cigarette 100. In that sense, the detectable pattern of drawing 820 can be viewed as a fluid-drawing (e.g., inhalation) "passcode" to be carried out by the user in order to be able to vape the electronic cigarette 100.”).
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 cartridge of Verleur in view of Tullis and Young by incorporating the user ability to alter a lock function as taught by Tremblay for the benefit of preventing unauthorized vaping by a child, teenager or other individual. (Tremblay Abstract)
Regarding claim 9, Verleur in view of Tullis and Young teaches the cartridge as appears above (see the rejection of claim1), but does not teach wherein the at least one function is user- programmable.
Nonetheless, Tremblay in the same field of endeavor being electronic vaping devices, teaches wherein the at least one function is user- programmable ([0124] ---" In some embodiments, as shown in FIG. 12, the communication device 400 is a mobile communication device (e.g., a smartphone or other wireless phone; a tablet computer; a head-mounted display, smartwatch or other wearable device; etc.) of the user which runs a software application (e.g., a mobile app) that relates to the electronic cigarette 100 and monitors user input through the user interface of the mobile communication device 400. The user input may indicate a desire of the user to alter (e.g., enable, increase, disable, or decrease) the vapor-providing capability of the electronic cigarette 100. The software application translates the user input into an external VCA command and transmits the external VCA command to the electronic cigarette 100 over the communication link 440, which is a wireless connection.”).
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 cartridge of Verleur in view of Tullis and Young by incorporating the user programmability to effectuate disabling functionality of the heater as taught by Tremblay for the benefit of preventing unauthorized vaping by a child, teenager or other individual. (Tremblay Abstract)
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Verleur et al (US 2016/0198767) in view of Tullis et al (US 6,472,887) and Young et al (US 2013/0174842) as applied to claim 10, in further view of Bammer et al (US 2015/0045727).
Regarding claim 11, Verleur in view of Tullis and Young teaches the cartridge as appears above (see the rejection of claim 10), but does not teach wherein the proximity sensor or microprocessor being configured to alter the power state associated with the function includes being configured to alter the power state of a communication interface coupled to the microprocessor and configured to enable wireless communication.
Nonetheless, Bammer in the same field of endeavor being capacitive sensing of fluids in a container, teaches wherein the proximity sensor or microprocessor being configured to alter the power state associated with the function includes being configured to alter the power state of a communication interface coupled to the microprocessor and configured to enable wireless communication ([0045] ---" An essential advantage of the invention is that, to determine the capacity between the two electrodes 4, 5, and, if applicable, the capacity of the reference capacitor 11, no additional voltage generator or additional battery is required; the energy required to determine the respective capacity can be obtained directly from the magnetic field generated by the data communication device 40.”).
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 cartridge of Verleur in view of Tullis and Young by incorporating the configuration of the microprocessor as taught by Bammer for the benefit of to determine the capacity between the two electrodes and, if applicable, the capacity of the reference capacitor, with no additional voltage generator or additional battery required. (Bammer [0045])
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Verleur et al (US 2016/0198767) in view of Tullis et al (US 6,472,887) and Young et al (US 2013/0174842) as applied to claim 10, in further view of Tremblay et al (US 2015/0181945).
Regarding claim 13, Verleur in view of Tullis and Young teaches the cartridge as appears above (see the rejection of claim 10), but does not teach wherein the proximity sensor or microprocessor being configured to alter the power state associated with the function includes being configured to alter the power state of one or more of a visual indicator, an audio indicator, and a haptic indicator in response to the level of the aerosol precursor composition so detected.
Nonetheless, Tremblay in the same field of endeavor being electronic vaping devices, teaches wherein the proximity sensor or microprocessor being configured to alter the power state associated with the function includes being configured to alter the power state of one or more of a visual indicator, an audio indicator, and a haptic indicator in response to the level of the aerosol precursor composition so detected ([0111-0113] ---" VCA events (whether local or remote) may be defined by one or more conditions (e.g., circumstances) that may involve various factors, including, for example, one or more of: [0112] an indication of a desire of the user to alter (e.g., enable, disable, increase or decrease) the vapor-providing capability of the electronic cigarette 100; [0113] an identity of the user (e.g., to prevent any other individual or any person not authorized to vape to use the electronic cigarette 100);” [0119] ---"a status of the container 124 of the vapor producer 120, such as fill level (e.g., full, empty, remaining quantity, etc.) of the container 124 (e.g., if almost empty, a first vape in a new series of vapes can be restricted to remind the user that he/she soon will need to change or replenish the container 124);” and [0227] lines 13-21 ---" The option may be provided by displaying a message or other graphical element on the display of the communication device 400 that prompts the owner of the electronic cigarette 100 to indicate whether he/she would like to disable, reduce or otherwise alter the vapor-providing capability of the electronic cigarette 100 and that can be acted upon by the owner of the electronic cigarette 100 (e.g., by clicking on a button or other actionable element) of the user interface of the mobile communication device 400.”).
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 cartridge of Verleur in view of Tullis and Young by incorporating the visual indicator as taught by Tremblay for the benefit of reminding the user that he/she soon will need to change or replenish the container. (Tremblay [0119])
Claim(s) 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Verleur et al (US 2016/0198767) in view of Hosmer et al (WO 9629580 A1)
Regarding claim 15, Verleur discloses a cartridge coupled or coupleable with a control body that is equipped with a control component (Fig. 9 #150 PCB) including a microprocessor ([0023] lines 1-3 ---"The Printed Circuit Board (PCB) 150 may include, for example, a light emitting diode (LED), a microcontroller, at least one capacitor, and at least one resistor.”), the control body being coupled or coupleable with the cartridge to form an aerosol delivery device, the cartridge comprising:
a housing (Fig. 8 #210 cartomizer body) defining a reservoir configured to retain aerosol precursor composition;
a heating element (Fig. 8 #240 heating element) configured to operate in an active mode in which the cartridge is coupled with the control body, the heating element (Fig. 8 #240 heating element) in the active mode being controllable by the control component to activate and vaporize components of the aerosol precursor composition;
and a proximity sensor (Fig. 8 #350 fluid level sensor), the proximity sensor or control component being configured to control at least one element function of the aerosol delivery device in response to the level of the aerosol precursor composition so detected ([0034] ---" In another embodiment, referring now to FIG. 9, the associated circuitry and switch 330 may be added to the PCB 150 in the battery housing 100. The output of the associated circuitry may be connected to a digital input of the microcontroller and the microcontroller firmware may be modified to turn off the heating coil if the signal indicates that the fluid level/humidity is below the predetermined level.”).
However, Verleur does not disclose the proximity sensor within the housing; wherein the proximity sensor includes first and second capacitive proximity sensors configured to measure respectively first and second capacitances that indicate respectively the level of the aerosol precursor composition and a reference.
Nonetheless, Hosmer which solves the same problem being greater accuracy and resolution of the liquid quantity measurement teaches a proximity sensor (Fig. 4 #s 110, 112, 114, 116, and 118 plurality of first and second conductors) within the housing (Fig. 4 #14 inner shell);
wherein the proximity sensor includes first and second capacitive proximity sensors (Fig. 4 #s 110, 112, 114, 116, and 118 plurality of first and second conductors) configured to measure respectively first and second capacitances that indicate respectively the level of the aerosol precursor composition and a reference (Page 3 para. 5 ---"The capacitance value is influenced by the quantity of liquid that is present in the space provided between the first and second conductor means in comparison to a base level or reference capacitance taken when the entire container volume is filled with either a gas or the cryogenic liquid. Or, the reference capacitance can relate to any known value with which other capacitance measurements can be compared. The magnitude of the capacitance value differential is directly related to the quantity of the liquid between the conductors comprising the capacitor means, and therefore provides an indication of the liquid quantity in the container.”).
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 cartridge of Verleur by incorporating the first and second capacitive proximity sensors within the housing as taught by Hosmer for the benefit of forming capacitance zones for greater accuracy and resolution of the liquid quantity measurement. (Hosmer Page 8 para. 2)
Regarding claim 16, Verleur in view of Hosmer teaches the cartridge as appears above (see the rejection of claim 15), and Hosmer teaches wherein the proximity sensor being configured to detect the level of the aerosol precursor composition includes being configured to calculate the level of the aerosol precursor composition from the first and second capacitances (Page 8 para. 2 ---" It should also be understood, that the resolution of the calculated liquid quantity is a function of the number of capacitor zones the volume of the container 10 is partitioned into.”).
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 cartridge of Verleur by incorporating the first and second capacitive proximity sensors configured to calculate liquid quantity as taught by Hosmer for the benefit of forming capacitance zones for greater accuracy and resolution of the liquid quantity measurement.
Regarding claim 17, Verleur in view of Hosmer teaches the cartridge as appears above (see the rejection of claim 15), and Hosmer teaches wherein the proximity sensor being configured to detect the level of the aerosol precursor composition includes being configured to output or output signals corresponding to the first and second capacitances for the control component to calculate the level of the aerosol precursor composition from the first and second capacitances (Page 8 para. 2 ---" In that respect, it has been determined mathematically that there exists only one capacitance measurement for a given fill percent provided the first conductors 110 to 114 and the second conductors 116 and 118 comprising the volumetric capacitance apparatus are substantially distributed over the entire volume of container 10. Computer 124 gathers and processes the data sent to it by the capacitance to voltage converter 122 and temperature sensor 128 to thereby provide a calculated liquid quantity.”)
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 cartridge of Verleur by incorporating the first and second capacitive proximity sensors configured output signals as taught by Hosmer for the benefit of forming capacitance zones for greater accuracy and resolution of the liquid quantity measurement.
Regarding claim 18, Verleur in view of Hosmer teaches the cartridge as appears above (see the rejection of claim 15), and Hosmer teaches wherein the proximity sensor being configured to detect the level of the aerosol precursor composition includes being configured to calculate the level of the aerosol precursor composition from the first and second capacitances (Page 8 para. 2 ---" It should also be understood, that the resolution of the calculated liquid quantity is a function of the number of capacitor zones the volume of the container 10 is partitioned into.”).
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 cartridge of Verleur by incorporating the first and second capacitive proximity sensors configured to calculate liquid quantity as taught by Hosmer for the benefit of forming capacitance zones for greater accuracy and resolution of the liquid quantity measurement.
Regarding claim 19, Verleur discloses a cartridge coupled or coupleable with a control body that is equipped with a control component (Fig. 9 #150 PCB) including a microprocessor ([0023] lines 1-3 ---"The Printed Circuit Board (PCB) 150 may include, for example, a light emitting diode (LED), a microcontroller, at least one capacitor, and at least one resistor.”), the control body being coupled or coupleable with the cartridge to form an aerosol delivery device, the cartridge comprising:
a housing (Fig. 8 #210 cartomizer body) defining a reservoir configured to retain aerosol precursor composition;
a heating element (Fig. 8 #240 heating element) configured to operate in an active mode in which the cartridge is coupled with the control body, the heating element (Fig. 8 #240 heating element) in the active mode being controllable by the control component to activate and vaporize components of the aerosol precursor composition;
and a proximity sensor (Fig. 8 #350 fluid level sensor), the proximity sensor or control component being configured to control at least one element function of the aerosol delivery device in response to the level of the aerosol precursor composition so detected ([0034] ---" In another embodiment, referring now to FIG. 9, the associated circuitry and switch 330 may be added to the PCB 150 in the battery housing 100. The output of the associated circuitry may be connected to a digital input of the microcontroller and the microcontroller firmware may be modified to turn off the heating coil if the signal indicates that the fluid level/humidity is below the predetermined level.”),
the proximity sensor or control component being configured to control at least one function of the aerosol delivery device in response to the level of the aerosol precursor composition so detected ([0034] ---" In another embodiment, referring now to FIG. 9, the associated circuitry and switch 330 may be added to the PCB 150 in the battery housing 100. The output of the associated circuitry may be connected to a digital input of the microcontroller and the microcontroller firmware may be modified to turn off the heating coil if the signal indicates that the fluid level/humidity is below the predetermined level.”),
and wherein the proximity sensor or microprocessor being configured to control at least one function includes being configured to alter a power state associated with the function ([0033] lines 6-11 ---" The associated circuitry may be operable to amplify and determine if the fluid level/humidity is above some predetermined level, as well as a switch 330 (e.g., Power FET) to interrupt the flow of current to the heating coil, may be installed upon a small PCB 340, also contained inside the cartomizer.”).
However, Verleur does not disclose the proximity sensor within the housing; wherein the proximity sensor includes first and second capacitive proximity sensors configured to measure respectively first and second capacitances that indicate respectively the level of the aerosol precursor composition and a reference.
Nonetheless, Hosmer teaches a proximity sensor (Fig. 4 #s 110, 112, 114, 116, and 118 plurality of first and second conductors) within the housing (Fig. 4 #14 inner shell);
wherein the proximity sensor includes first and second capacitive proximity sensors (Fig. 4 #s 110, 112, 114, 116, and 118 plurality of first and second conductors) configured to measure respectively first and second capacitances that indicate respectively the level of the aerosol precursor composition and a reference (Page 3 para. 5 ---"The capacitance value is influenced by the quantity of liquid that is present in the space provided between the first and second conductor means in comparison to a base level or reference capacitance taken when the entire container volume is filled with either a gas or the cryogenic liquid. Or, the reference capacitance can relate to any known value with which other capacitance measurements can be compared. The magnitude of the capacitance value differential is directly related to the quantity of the liquid between the conductors comprising the capacitor means, and therefore provides an indication of the liquid quantity in the container.”).
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 cartridge of Verleur by incorporating the first and second capacitive proximity sensors within the housing as taught by Hosmer for the benefit of forming capacitance zones for greater accuracy and resolution of the liquid quantity measurement.
Regarding claim 20, Verleur in view of Hosmer teaches the cartridge as appears above (see the rejection of claim 19), and Verleur teaches wherein the proximity sensor or microprocessor being configured to alter the power state associated with the function includes being configured to alter the power state of the heating element in response to the level of the aerosol precursor composition so detected ([0033] lines 6-11 ---" The associated circuitry may be operable to amplify and determine if the fluid level/humidity is above some predetermined level, as well as a switch 330 (e.g., Power FET) to interrupt the flow of current to the heating coil, may be installed upon a small PCB 340, also contained inside the cartomizer.”).
Response to Arguments
Applicant's arguments filed 04/15/2026 have been fully considered but they are not persuasive.
Applicant argues that prior art reference Young can not be relied upon to teach the placement of the proximity sensor within the housing since the proximity sensor of Young is not used to detect a level of fluid within the housing. Examiner respectfully disagrees.
Young is only relied upon to teach the placement of the proximity sensor and not the function. Furthermore, newly cited prior art Hosmer teaches proximity sensors placed within a housing, and the proximity sensors are used to detect volume of a liquid. It would have been obvious to rearrange the location of the proximity sensors of Verleur in view of Tullis to be within the housing.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
Conclusion
THIS ACTION IS MADE FINAL. 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 JOE E MILLS JR. whose telephone number is (571)272-8449. The examiner can normally be reached M-F 8-5.
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/JOE E MILLS JR./ Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/ Supervisory Patent Examiner, Art Unit 3761
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