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
Amendment filed 8/12/2025 has been entered and fully considered. Claims 1, 2 and 4-17 are pending. Claim 3 is cancelled. Claims 1 and 16 are amended. No new matter is added.
Response to Arguments
Applicant's arguments filed 8/12/2025 have been fully considered but they are not persuasive.
Applicant notes that the limitations of claim 3 have been incorporated into claims 1 and 16. Thus, claims 1 and 16 are no longer anticipated. Applicant argues that Robinson does not cure the deficiencies of Choi. Paragraph [0126] of Robinson describes the proportional voltage in line with the strength of the draw of the user. This is in contrast to the present limitations in claim 1 and 16. The claims allow for a predetermined low voltage to be applied based on input from a draw sensor. There is no proportional voltage based on the draw of the suer, merely the application of a particular, low voltage upon input from the user.
Examiner respectfully disagrees. CHOI discloses that once a mode is selected, the controller selects from a plurality of voltage values (e.g., 5.1, 4.1 or 0) (Paragraphs [0080]-[0085], [0076], [0089], [0094], [0096]; Figures 4B and 5). Thus, in response to a user input, and carried out by the controller, a first voltage values, amongst a plurality, is selected, as claimed. According to the teachings of ROBINSON et al., the activation of the heater, and thus the selected voltage, is supplied once the controller detects the user’s inhalation of the device.
While RONBINSON et al. does discloses a proportional voltage based on the intensity of the puffing action of the user, it is also disclosed that the control of the current can be selected (e.g., by the user according to the teachings of CHOI) so that the aerosol generation is constant regardless of puff intensity.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 is 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.
Claim 16 recites the limitation "the first voltage" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the user input" in line 5. There is insufficient antecedent basis for this limitation in the claim.
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.
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.
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Claim(s) 1, 2 and 4-17 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 claim 1, CHOI discloses an atomizing control unit (Abstract; Title). The unit comprises a user input interface (Paragraph [0015]) for controlling the conditions of the device (Paragraph [0024]). Based on the 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 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 does not explicitly disclose that the first voltage value 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 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 first voltage is selected by the user by selecting the mode. Then the voltage is confirmed as selected by the inhale simply by closing the circuit to activate the heater.
With respect to claim 2, CHOI discloses that the controller receives a user generated activation signal (e.g., pressing button 75) that then allows the controller to supply the power to the heater (Paragraphs [0073]-[0077], [0089]).
With respect to claim 4, CHOI discloses that a button, 75, is pressed (e.g., moving a UI element) 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])
With respect to claim 5. ROBINSON et al. discloses that for deeper or more rigorous puffs, a sensing of stronger draw can be used to provides more current (e.g., changing an aspect of the pulsed power) to the heating element, and helps provide a greater amount of aerosol generation (Paragraph [0126]).
With respect to claim 6, ROBINSON et al. discloses that for deeper or more rigorous puffs, a sensing of stronger draw can be used to provide for more current to the heating element, and help provide a greater aerosol generation (Paragraph [0126]). According to CHOI, there is a present maximum operation time per puff (S2_t4) (Paragraph [0108]) that if surpassed, the heater is turned off. Thus, if more current is to be supplied to the heater during this pre-set time, 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 more V1 (e.g., S2_t1) events during this pre-set time (e.g., increased duty cycle) so that more aerosol can be generated.
With respect to claim 7, ROBINSON et al. discloses that for deeper or more rigorous puffs, a sensing of stronger draw can be used to provide for more current to the heating element, and help provide a greater aerosol generation (Paragraph [0126]). According to CHOI, there is a present maximum operation time per puff (S2_t4) (Paragraph [0108]) that if surpassed, the heater is turned off. Thus, if more current is to be supplied to the heater during this pre-set time, 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 more V1 (e.g., S2_t1) events during this pre-set time (e.g., increased duty cycle) so that more aerosol can be generated.
With respect to claim 8, ROBINSON et al. discloses for deeper or more rigorous puffs, a sensing of stronger draw can be used to provide for more current to the heating element, and help provide a greater aerosol generation (Paragraph [0126]). Thus, it would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to also reduce the current when the draw is shallow, so that less aerosol is generated when desired. According to CHOI, there is a present maximum operation time per puff (S2_t4) (Paragraph [0108]) that if surpassed, the heater is turned off. Thus, if less current is to be supplied to the heater during this pre-set time, 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 fewer V1 (e.g., S2_t1) events during this pre-set time (e.g., decreased duty cycle) so that less aerosol can be generated.
With respect to claim 9, CHOI does not explicitly disclose that the first voltage value is controlled based on the voltage 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 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 first voltage is selected by the user by selecting the mode. Then the voltage is controlled by the controller via the voltage correction unit (Paragraph [0071]) simply by closing the circuit to activate the heater.
With respect to claim 10, 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])
With respect to claim 11, CHOI 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). Merriam webster defines “toggle” (as an intransitive verb) as “to change between usually two options of an electronic device by means of a simple hardware or software control”. As seen in CHOI the controller, through a switching device, changes between two options (e.g., 4.1 volts and 0 volts) through hardware. Thus, CHOI meets the plain and ordinary meaning of “toggling”.
With respect to claim 12, CHOI 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 S2_t1 and S2_t2 values are selected by the user (Paragraph [0092]) (e.g., in response to the user input) and thus the duty cycle voltage values are selected. Additionally, the voltage value itself is selected by the user and acted upon by the controller, based on whether the selected mode is a manual mode or automatic mode (Paragraphs [0084], [0085]).
With respect to claims 13 and 14, CHOI discloses that the that the time of V1 is between 0.1 to 20 seconds and the time for V2 is between 0.5 and 2 seconds (Paragraph [0091]). At V1=0.5 seconds and V2=0.5 seconds, the pulses (e.g., V1) of power occur at a frequency of 1 Hz.
With respect to claim 15, CHOI 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). Merriam webster defines “toggle” (as an intransitive verb) as “to change between usually two options of an electronic device by means of a simple hardware or software control”. As seen in CHOI the controller, through a switching device, changes between two options (e.g., 4.1 volts and 0 volts) through hardware. Thus, CHOI meets the plain and ordinary meaning of “toggling”. Moreover, the device can operate in manual mode (Paragraph [0085]) at a voltage of 4.1 V or at 5.1 V in automatic mode (Paragraph [0084]).
With respect to claim 16, CHOI discloses an atomizing control unit (Abstract; Title). The unit comprises a user input interface (Paragraph [0015]) for controlling the conditions of the device (Paragraph [0024]). Based on the 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) (a first driving signal, S2) (Paragraphs [0088]-[0093], [0071]). The power 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 discloses that a button, 75, is pressed (e.g., moving a UI element) 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]).
CHOI does not explicitly disclose that the first voltage value 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 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 first voltage is selected by the user by selecting the mode. Then the voltage is confirmed as selected by the inhale simply by closing the circuit to activate the heater.
With respect to claim 17, CHOI discloses an atomizing control unit (Abstract; Title). The unit comprises a user input interface (Paragraph [0015]) for controlling the conditions of the device (Paragraph [0024]). The vaporizer further comprises a controller, that controls the voltage supplied to the heater (Paragraphs [0070]-[0074], [0080], [0093]). This is done by sensing a driving signal, S2, for operating the heater (Paragraphs [0087]-[0089]). The controller receives a signal, S1, to generate the driving signal in pulsed form (Figures 6-8; Paragraphs [0088]-[0093]), via a button, 75, which is also used to set the mode (e.g., manual or automatic) of the vaporizer (Paragraph [0079]). The manual mode has a voltage set to 4.1 volts (Paragraph [0085]) and the automatic voltage is set to 5.1 volts (Paragraph [0084]). During heating, 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). Merriam webster defines “toggle” (as an intransitive verb) as “to change between usually two options of an electronic device by means of a simple hardware or software control”. As seen in CHOI the controller, through a switching device, changes between two options (e.g., 4.1 volts and 0 volts) through hardware. Thus, CHOI meets the plain and ordinary meaning of “toggling”. The rate of toggling is represented by the time between each pulse of V1 (e.g., time for V2 of between 0.5 and 2 seconds). Specifically, at a V1 time of 0.5 seconds and a V2 time of 0.5 seconds, the toggle rate is 1Hz.
CHOI does not explicitly disclose a draw sensor providing a first value related to the toggle rate, and then changing said toggle rate in proportion to the first value.
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]) and the controller receives a signal from the sensor to control functions of the device (Paragraphs [0083]-[0085]. 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 can be used to provide for greater current flow to the heating element, and provide 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. Moreover, according to CHOI, there is a present maximum operation time per puff (S2_t4) (Paragraph [0108]) that if surpassed, the heater is turned off. Thus, if more current is to be supplied to the heater during this pre-set time, 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 more V1 (e.g., S2_t1) events during this pre-set time (e.g., changing the toggle rate based on the input from the draw sensor values) so that more aerosol can be generated. The rate of increase in toggling is based on the increased draw, and thus proportional thereto.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ALEX B EFTA/Primary Examiner, Art Unit 1745