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 § 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.
Claims 6-11 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 pre-AIA the applicant regards as the invention.
Claim 6 recites the limitations “one terminal" in in line 3, “another terminal” in line 4 and “the other terminal” in line 8. The language is confusing because it is not clear if the other terminal is the same terminal referred to as “another terminal” in line 4, the “one terminal” in line 3 or to a new terminal being introduced. Examiner suggests the following amendment to lines 3-8 to clarify:
“a first inductor having a first terminal to which the first boost voltage is applied and a second terminal connected to a first terminal of the vibrator; a first power field-effect transistor (FET) configured to generate a first switching voltage based on a first pulse width modulation (PWM) signal received from the processor; and a first transistor connected to the second terminal of the first inductor…”.
Claim 9 recites the limitations “one terminal" in in line 3, “another terminal” in line 4 and “the other terminal” in line 8. The language is confusing because it is not clear if the other terminal is the same terminal referred to as “another terminal” in line 4, the “one terminal” in line 3 or to a new terminal being introduced. Examiner suggests the following amendment to lines 3-8 to clarify:
“a second inductor having a first terminal to which the first boost voltage is applied and a second terminal connected to a second terminal of the vibrator; a second power field-effect transistor (FET) configured to generate a first switching voltage based on a second PWM signal received from the processor; and a second transistor connected to the second terminal of the first inductor…”.
Claims 7, 8, 10, and 11 are rejected based solely on their dependency to rejected claims 6 and 9.
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 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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Kerdemelidis (US 2016/0338407), in view of Thomsen et al. (US 2022/0048069).
As to claim 1, Kerdemelidis discloses an aerosol generating device 2200 (vaporizer device 2200, Fig. 22) comprising: a battery 522 configured to supply a battery voltage having a first voltage value (paragraph [0109]); a vibrator 2306 configured to generate ultrasonic vibration and atomize an aerosol generating material 2304 (piezoelectric ultrasonic transducer 2306 vibrates ultrasonic mesh 2304, Fig. 23, paragraph [0110]); and a processor controller 518, Fig. 22) configured to control the battery (paragraph [0109]).
Kerdemelidis lacks detailed description as to a first boost circuit configured to boost the battery voltage to a first boost voltage having a second voltage value greater than the first voltage value; a second boost circuit configured to boost the first boost voltage to a second boost voltage having a third voltage value which is a peak- to-peak voltage value and is greater than the second voltage value, the processor controlling the first and second boost circuits, and the ultrasonic vibrations being generated according to the second boost voltage.
However, Thomsen teaches a driver for an ultrasonic transducer, the driver including a first boost circuit 405 (Fig. 4, Fig. 5) configured to boost a first voltage value (VPS = 4.2V) from a battery to a first boost voltage (VSUP) having a second voltage value greater than the first voltage value (VSUP= 20V, paragraph [0102]); a second boost circuit 402 (Fig. 4, Fig. 10) configured to boost the first boost voltage (VSUP) to a second boost voltage (3VSUP) having a third voltage value which is a peak- to-peak voltage value and is greater than the second voltage value (paragraph [0102],[0083],[0140]), the first and second boost circuits being controlled by a controller 518 (paragraphs [0109],[0113]).
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the device of Kerdemelidisto include the first and second boost circuits, as taught by Thompsen, in order to increase the voltage power of the battery, enabling stronger output.
As to claim 2, modified Kerdemelidisto discloses the aerosol generating device of claim 1, wherein the second voltage value is at least three times greater than the first voltage value (VPS = 4.2 V; VSUP = 20V, see Thompsen, paragraph [0102]), and the third voltage value is at least four times greater than the second voltage (see Thompsen, paragraph [0140], peak-to-peak differential voltage range equal in magnitude to six times the input voltage value).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kerdemelidis (US 2016/0338407), in view of Thomsen et al. (US 2022/0048069), as applied to claim 1 above, and further in view of Navahandi (“Single Stage DC-AC Boost Converter”).
As to claim 3, modified Kerdemelidisto discloses the aerosol generating device of claim 1, wherein the battery voltage and the first boost voltage are direct current (DC) voltages, but does not expressly disclose that the second boost voltage is an alternating current (AC) voltage. However, Nahavandi teaches a boost circuit which is a DC-AC converter so that the input voltage is not only boosted but is also inverted from a DC source to an AC output (from a 12V DC source, an AC sinusoidal 48V is obtained, see Section IV. Simulation Result, first paragraph and Fig. 11). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the second boost circuit of the modified Kerdemelidisto so that the second boost circuit is a DC-AC boost converter, as taught by Nahavandi, in order to produce a suitable known alternative boost circuit which accomplishes the same result of boosting the output voltage from a source voltage, the voltage signal being in a sinusoidal AC form for powering a vibrator needing AC input, such as the ultrasonic transducer of Kerdemelidis (see Kerdemelidis, paragraph [0103]).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Kerdemelidis (US 2016/0338407), in view of Thomsen et al. (US 2022/0048069), as applied to claim 1 above, and further in view of Qui (US 2019/0183186).
As to claim 4, modified Kerdemelidis does disclose the aerosol generating device of claim 1, wherein the first boost circuit (taught by Thompson) comprises: a DC-DC converter 405 (Fig. 4, Fig. 5) including an input terminal to which the battery voltage VPS is applied, a switch terminal SW3A/B connected to the input terminal through a power inductor 502, a reference voltage terminal (ground), and an output terminal for outputting the first boost voltage VSUP (see Thompsen, Fig. 5, paragraph [0101]), but does not disclose a first resistor having one terminal connected to the output terminal and another terminal connected to the reference voltage terminal; and a second resistor having one terminal connected to the reference voltage terminal and another terminal connected to a ground.
However, Qui teaches a boost circuit 522 (Fig. 3, Fig. 4) comprising: a DC-DC converter (TPS61040) including an input terminal VIN to which the battery voltage VCC_BAR is applied, a switch terminal SW connected to the input terminal VIN through a power inductor L1, a reference voltage terminal FB, and an output terminal (at D1) for outputting the first boost voltage (see Fig. 4, paragraphs [0063], [0066]-[0072]); a first resistor R1 having one terminal connected to the output terminal D1 and another terminal connected to the reference voltage terminal FB; and a second resistor R2 having one terminal connected to the reference voltage terminal FB and another terminal connected to a ground (see Fig. 4, paragraphs [0069]). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the device of Kerdemelidis so that the first boost circuit is of the type taught by Qui including the converter, resistors, etc., in order to provide a suitable known alternative boost circuit which accomplishes the same result of boosting a low power source voltage to a larger voltage for increasing the power output of the device.
As to claim 5, modified Kerdemelidis discloses the aerosol generating device of claim 4, wherein the DC-DC converter 522 outputs the first boost voltage based on a ratio of the first resistor R1 to the second resistor R2 (voltage dividing resistors R1, R2 connected in series, see Fig. 4 of Qui, paragraph [0069]).
Allowable Subject Matter
Claims 6-11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 6, the prior art of record does not disclose or render obvious the aerosol generating device of claim 1, wherein the second boost circuit comprises: a first inductor having one terminal to which the first boost voltage is applied and another terminal connected to one terminal of the vibrator; a first power field-effect transistor (FET) configured to generate a first switching voltage based on a first pulse width modulation (PWM) signal received from the processor; and a first transistor connected to the other terminal of the first inductor and configured to switch a current flowing between the first inductor and a ground according to the first switching voltage.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Weng et al. (US 2008/0173729) discloses an ultrasonic nebulizer including a step up DC-AC converter that converts an input DC voltage into a boosted output AC voltage that is supplied to a vibrator of the nebulizer.
Liu et al. (US 2020/0146353) discloses a circuit for an ultrasonic electronic cigarette including first and second boost circuits.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VALERIE L WOODWARD whose telephone number is (571)270-1479. The examiner can normally be reached on Monday - Friday 8:30 am - 4:30 pm.
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/VALERIE L WOODWARD/Primary Examiner, Art Unit 3785