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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/2/2026 has been entered.
Election/Restrictions
Newly submitted claims 27-35 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: The device belongs to a different statutory class from the originally examined method.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 27-35 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Response to Amendment
Amendment filed 4/2/2026 has been entered and fully considered. Claims 1-17 are cancelled. Claims 18-35 are new. Claims 27-35 are withdrawn from consideration (See Restriction above).
Response to Arguments
Applicant’s arguments with respect to claim(s) 18-36 have been considered but are moot because the new claims have never been rejected.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHOI (US 2014/0334804) in view of ROBINSON et al. (US 2008/0092912).
With respect to claims 18 and 19, CHOI discloses an atomizing apparatus (Abstract; Title) comprising a controller (Paragraph [0046]), a power source (Paragraph [0046]; Figure 2A) and a pressure-sensitive switch (Paragraph [0075]) and a user input (Paragraph [0015]) for controlling the conditions of the device (Paragraph [0024]). The apparatus is operated by: receiving by the controller, a user’s input, the controller operates in a manual (Paragraphs [0084], [0085]) or automatic mode (Paragraph [0083], [0084]). Once the mode is selected, the controller selects from a plurality of voltage values (e.g., 5.1, 4.1 or 0) (Figures 4B, 5; Paragraphs [0080]-[0085], [0076], [0089], [0094], [0096]) to be supplied to the heater from a power source (BT) (Paragraphs [0093], [0071]). The power is then supplied to the heater from the power source is provided in a low-frequency, periodic application of pulsed power (Figures 6-8; Paragraphs [0088]-[0094]). As power is supplied, the voltage may deviate from the desired voltage, and so the controller controls the voltage supplied by using a voltage correcting unit (Paragraphs [0070]-[0074], [0080], [0093]).
CHOI also discloses that the controller switches, via switching device, between a first voltage V1 and a second voltage V2, lower than the first for a period of time (e.g., S1_t1/S2_t4) (e.g., duty cycle) (Paragraphs [0089]-[0094]). It is noted that the time of V1 is between 0.1 to 20 seconds and the time for V2 is between 0.5 and 2 seconds. Thus, as seen in figures 6 and 7, the duty cycle is represented by the total V1 (or 4.1 volts) time as compared to the total time of heating (e.g., S1_t1/S2_t4). The disclosed range of durations (See paragraphs [0091] and [0092]) represent the claimed pre-set duty cycle values). The selected duty cycle for a given amount of smoke represent the selected duty cycle.
CHOI does not explicitly disclose that the first voltage value/duty cycle is selected in response to a user input via a draw sensor of the vaporizer. ROBINSON et al. discloses an electronic cigarette (Abstract) that includes a puff activated controller adapted for regulating current flow through the heating elements during a draw. The controller comprising a sensor adapted for sensing a draw by the user (Paragraphs [0021], [0032], [0041], [0083]). The puff control mechanism completes the circuit that provides current to the heating element. That is, during periods of draw, the circuit provides the power to the heating element (Paragraph [0122]). For deeper or more rigorous puffs, a sensing of stronger draw (e.g, receiving by the controller and output signal from the draw sensor) can be used to provide for greater current flow to the heating element, and provide a greater aerosol generation (Paragraph [0126]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide a puff (e.g., draw) sensor to the vaporizer of CHOI, as taught by ROBINSON et al., so that the circuit is only closed and the heater only heated during the draw by the user. Thus preventing power from being wasted by heating the heater when not being inhaled from. The duty cycle is selected by the user by selecting the mode. Then the duty cycle is confirmed as selected by the inhale simply by closing the circuit to activate the heater.
With respect to claims 20 and 21¸ CHOI discloses that the duty cycle period is between 0.1 and 20 seconds (Paragraph [0091]).
With respect to claim 22, CHOI also discloses that the controller switches, via switching device, between a first voltage V1 and a second voltage V2, lower than the first for a period of time (e.g., S1_t1/S2_t4) (e.g., duty cycle) (Paragraphs [0089]-[0094]). It is noted that the time of V1 is between 0.1 to 20 seconds and the time for V2 is between 0.5 and 2 seconds. Thus, as seen in figures 6 and 7, the duty cycle is represented by the total V1 (or 4.1 volts) time as compared to the total time of heating (e.g., S1_t1/S2_t4). The disclosed range of durations (See paragraphs [0091] and [0092]) represent the claimed pre-set duty cycle values). The selected duty cycle for a given amount of smoke represent the selected duty cycle.
Once the mode is selected, the controller selects from a plurality of voltage values (e.g., 5.1, 4.1 or 0) (Figures 4B, 5; Paragraphs [0080]-[0085], [0076], [0089], [0094], [0096]) to be supplied to the heater from a power source (BT) (Paragraphs [0093], [0071]). The power is then supplied to the heater from the power source is provided in a low-frequency, periodic application of pulsed power (Figures 6-8; Paragraphs [0088]-[0094]). Thus, the single voltage supplied is the voltage supplied during an on period of duty cycle.
With respect to claim 23, CHOI also discloses that the controller switches, via switching device, between a first voltage V1 and a second voltage V2, lower than the first for a period of time (e.g., S1_t1/S2_t4) (e.g., duty cycle) (Paragraphs [0089]-[0094]). It is noted that the time of V1 is between 0.1 to 20 seconds and the time for V2 is between 0.5 and 2 seconds. Thus, as seen in figures 6 and 7, the duty cycle is represented by the total V1 (or 4.1 volts) time as compared to the total time of heating (e.g., S1_t1/S2_t4). The disclosed range of durations (See paragraphs [0091] and [0092]) represent the claimed pre-set duty cycle values). The selected duty cycle for a given amount of smoke represent the selected duty cycle.
Once the mode is selected, the controller selects from a plurality of voltage values (e.g., 5.1, 4.1 or 0) (Figures 4B, 5; Paragraphs [0080]-[0085], [0076], [0089], [0094], [0096]) to be supplied to the heater from a power source (BT) (Paragraphs [0093], [0071]). The power is then supplied to the heater from the power source is provided in a low-frequency, periodic application of pulsed power (Figures 6-8; Paragraphs [0088]-[0094]). Thus, the single voltage supplied is the voltage supplied during an on period of duty cycle.
ROBINSON et al. discloses an electronic cigarette (Abstract) that includes a puff activated controller adapted for regulating current flow through the heating elements during a draw. The controller comprising a sensor adapted for sensing a draw by the user (Paragraphs [0021], [0032], [0041], [0083]). The puff control mechanism completes the circuit that provides current to the heating element. That is, during periods of draw, the circuit provides the power to the heating element (Paragraph [0122]). For deeper or more rigorous puffs, a sensing of stronger draw (e.g, receiving by the controller and output signal from the draw sensor) can be used to provide for greater current flow to the heating element, and provide a greater aerosol generation (Paragraph [0126]).
With respect to claim 24, ROBINSON et al. discloses an electronic cigarette (Abstract) that includes a puff activated controller adapted for regulating current flow through the heating elements during a draw. The controller comprising a sensor adapted for sensing a draw by the user (Paragraphs [0021], [0032], [0041], [0083]). The puff control mechanism completes the circuit that provides current to the heating element. That is, during periods of draw, the circuit provides the power to the heating element (Paragraph [0122]). For deeper or more rigorous puffs, a sensing of stronger draw (e.g, receiving by the controller and output signal from the draw sensor) can be used to provide for greater current flow to the heating element, and provide a greater aerosol generation (Paragraph [0126]). Given that a greater amount of aerosol is provided by increasing duty cycle (See [0089]-[0094] of CHOI), it would have been obvious to increase the second duty cycle for more smoke upon sensing greater user draw.
With respect to claim 25¸ ROBINSON et al. discloses an electronic cigarette (Abstract) that includes a puff activated controller adapted for regulating current flow through the heating elements during a draw. The controller comprising a sensor adapted for sensing a draw by the user (Paragraphs [0021], [0032], [0041], [0083]). The puff control mechanism completes the circuit that provides current to the heating element. That is, during periods of draw, the circuit provides the power to the heating element (Paragraph [0122]). For deeper or more rigorous puffs, a sensing of stronger draw (e.g, receiving by the controller and output signal from the draw sensor) can be used to provide for greater current flow to the heating element, and provide a greater aerosol generation (Paragraph [0126]). Given that a greater amount of aerosol is provided by increasing duty cycle (See [0089]-[0094] of CHOI), it would have been obvious to decrease the second duty cycle for less smoke upon sensing less user draw.
With respect to claim 26¸ CHOI discloses that a button, 75, is pressed (e.g., response to an activation button) to select a voltage (based on selecting a manual operation of the device) (Paragraphs [0070]-[0074], [0080], [0093]) so that the controller sets the voltage to 4.1 volts (Paragraph [0085])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX B EFTA whose telephone number is (313)446-6548. The examiner can normally be reached 8AM-5PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Tucker can be reached at 571-272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEX B EFTA/Primary Examiner, Art Unit 1745
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