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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/20/2026 has been entered.
Status of the Claims
Claims 1-15 are currently pending and are subject to this office action. Claims 1 and 12 are amended. Claims 14-15 are withdrawn. This office action is in response to Applicant’s amendment filed on 03/09/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 02/20/2026 and 03/09/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, on pages 6-11, filed 02/20/2026 and pages 6-8, filed 03/09/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. The Applicant has amended claim 1 to include a limitation that was not previously presented, specifically, “in response to the preheat mode being completed and prior to sensing of a puff of a user, automatically operating the aerosol generating device in a power repetition control mode wherein a pulse width modulation (PWM) signal is applied to the vibrator such that supplying of power to the vibrator and cutting off supply of power to the vibrator are alternately repeated; and in response to the puff of the user being sensed while operating in the power repetition control mode, operating the aerosol generating device in a puffing mode wherein power is supplied to the vibrator to generate the aerosol. ” However, upon further consideration, a new ground(s) of rejection is made in view of Bessant (US 20210068456 A1).
The following are modified rejections based on Applicant’s amendments to the claims.
Claim Objections
Claim 12 is objected to because of the following informalities:
Line 3: “PWM signal having a” should read “PWM signal has a”
Appropriate correction is required.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Hon (US 20200196663 A1), and further in view of Bessant (US 20210068456 A1).
With regard to Claim 1, Hon, directed to an electronic cigarette, teaches (i) an ultrasonic atomization high frequency generator with a piezo electric element [0019] for vaporizing liquid [0026]. A control circuit comprises the high frequency generator and performs operative controls of the device [0019]. (ii) The device may comprise a power supply mode of short-term preheating [0024]. A person of ordinary skill in the art would realize that since the piezo electric element is used as the atomizer, one would understand that preheating the piezo electric element would enhance the atomization startup process to achieve an appropriate response time [0024]. Further, power would need to be applied to the device for the preheating to start, making it obvious that the method would operate based on a power of the aerosol generating device being turned on. Hon teaches all the limitations of the claims as set forth above, however Hon is silent to:
In response to the preheat mode being completed and prior to sensing of a puff of a user, automatically operating the aerosol generating device in a power repetition control mode, wherein a pulse width modulation (PWM) signal is applied to the vibrator such that supplying of power to the vibrator and cutting off supply of power to the vibrator are alternatively repeated
In response to the puff of the user being sensed while operating in the power repetition control mode, operating the aerosol generating device, in a puffing mode wherein power is supplied to the vibrator to generate aerosol
Bessant, directed to an aerosol generating system, teaches (i) a preheat mode which is heated constantly until a heating element reaches a desired operating temperature [0065]. After the preheat mode is completed and before a puff is detected, the system enters a temperature hold mode automatically, where a sequence of heating pulses may be sent to the heating element [0066-0067 & 0048], meeting the claim limitation of a repetition control mode. One of ordinary skill in the art would understand that a sequence of heating pulses in relation to pulse width modulation describes where power is supplied alternating with periods where power is not supplied, meeting the claim limitation of cutting off supply of the power repeatedly.
(ii) The system operates in the temperature hold mode until a puff is detected [0066]. Once a puff has been detected and the heating element has reached an operating temperature, a controller may deliver liquid to the heating element for aerosol generation [0068, 0075]. After the puff is over, the system returns to the temperature hold mode [0069]. One of ordinary skill in the art would have been motivated to modify the operation of the ultrasonic vibrator of Hon with the operating modes of Bessant to help improve liquid delivery control and the user experience [0003-0004].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the processor of Hon to perform a method wherein in response to the preheat mode being completed and prior to sensing of a puff of a user, automatically operating the aerosol generating device in a power repetition control mode wherein a pulse width modulation (PWM) signal is applied to the vibrator such that supplying of power to the vibrator and cutting off supply of power to the vibrator are alternately repeated; and in response to the puff of the user being sensed while operating in the power repetition control mode, operating the aerosol generating device in a puffing mode wherein power is supplied to the vibrator to generate the aerosol.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hon (US 20200196663 A1) and Bessant (US 20210068456 A1), as applied to claim 1 above, and further in view of Akao (JP 6639720 B1, hereinafter citations referring to US 20220000186 A1).
With regard to Claim 2, modified Hon teaches all the limitations of the claims as set forth above, however modified Hon is silent to:
Wherein the method further comprises switching from the power repetition control mode to the preheat mode
Repeating power control of supplying the power to the vibrator and cutting off the supply of the power to the vibrator, a certain number of times
Akao teaches (i) wherein when a puff action performed by a user is detected after a discharging operation is stopped, and a measured temperature ranged reaches a predetermined first normal temperature range, the battery restarts the discharging operation [0085]. When the conditions are no longer met to continue the discharging operation, the discharging operation is stopped, and waits to be restarted. A person of ordinary skill in the art would be motivated to combine the repeated power mode of Akao with the preheat mode of modified Hon to improve battery performance of the device [0008], meeting the claim limitation of wherein the method further comprises switching from the power repetition control mode to the preheat mode.
(ii) The restarting and stopping of the discharging operation occurs during a puff action series, wherein a predetermined numbers of times of puff actions are repeatedly performed [0073], meeting the claim limitation of repeating power control of supplying the power to the vibrator and cutting off the supply of the power to the vibrator, a certain number of times. One of ordinary skill in the art would have understood that such count-based control can be applied to repeated power deliver operation.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the method of modified Hon to further comprise switching from the power repetition control mode to the preheat mode and repeating power control of supplying the power to the vibrator and cutting off the supply of the power to the vibrator, a certain number of times because both Hon and Akao are directed to using ultrasonic elements for heating with aerosol devices comprising a means of temperature sensing. Akao teaches an ultrasonic-type atomizer with a battery discharging operation that restarts and stops based on a predetermined number of puff actions by the user to improve battery performance [0008] and this merely involves combining known ultrasonic elements according to known power repetition methods to yield predictable results.
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Hon (US 20200196663 A1) and Bessant (US 20210068456 A1), as applied to claim 1 above, and further in view of Lee (WO 2020141718 A1, hereinafter citations referring to English Language equivalent US 20210029786 A1).
With regard to Claim 3, modified Hon teaches all the limitations of the claims as set forth above, however modified Hon is silent to:
Wherein the preheat mode comprises applying a fixed amount of power to the vibrator during the preheat mode
Lee, directed to an aerosol generation device, teaches a device with a preheating mode, wherein a preset fixed voltage is applied to the heater in the preheating mode [0007]. A person of ordinary skill in the art would be motivated to apply a fixed voltage to the vibrator of modified Hon to stop the output voltage of the power source from dropping rapidly and improve overall power efficiency of the device [0015].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vibrator in the preheat mode of modified Hon to wherein a fixed amount of power is applied to the vibrator during the preheat mode because both Hon and Lee are directed to pre-heating in aerosol generating devices. Lee teaches a preheating mode with a preset fixed voltage applied to a heater to stop the output voltage of the power source from dropping rapidly and overall power efficiency of the device [0015] and this merely involves applying a fixed voltage method to a known electrically driven component ready for improvement to yield predictable results.
With regard to Claim 4, modified Hon teaches all the limitations of the claims as set forth above, however modified Hon is silent to:
Wherein a magnitude of a voltage applied in the preheat mode is any one voltage selected from 10 volts to 15 volts
Akao teaches wherein a preset fixed voltage is applied to the heater in the preheating mode [0007]. A person of ordinary skill in the art would realize that the claimed range of 10 volts to 15 volts can be met with routine optimization according to the heating needs of the preheat mode. It is well established that discovering an optimal value of a result-effective variable through routine experimentation is prima facie obvious (MPEP 2144.05.II).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the preheat mode of modified Hon to comprise a magnitude of voltage selected from 10 volts to 15 because both Hon and Lee are directed to pre-heating in aerosol generating devices. Lee teaches a preheating mode with a preset fixed voltage applied to a heater to stop the output voltage of the power source from dropping rapidly and improve overall power efficiency of the device [0015] and this merely involves choosing from a finite number of identified, predictable voltages, with a reasonable expectation of success.
Claims 5, 8, 9, 11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Hon (US 20200196663 A1) and Bessant (US 20210068456 A1), as applied to claim 1 above, and further in view of Chen (WO 2021140328 A1).
With regard to Claim 5, modified Hon teaches all the limitations of the claims as set forth above, however modified Hon is silent to:
Wherein the puffing mode sequentially comprises: a first section of applying a first voltage to the vibrator;
A second section of applying a second voltage less than the first voltage to the vibrator;
A blocking section of blocking a voltage to the vibrator
Chen, directed to aerosol provision systems, teaches wherein (i) a system comprises a standby state, wherein the system is ready to generate aerosol in response to user activation, but not actively doing so (Pg. 19, Lines 32-34). A first threshold voltage is used to determine how the device should be operated based on its comparison with other threshold voltages (Pg. 24, Line 14-17) which align with the function of the standby mode, meeting the claim limitation of wherein the puffing mode sequentially comprises a first section of applying a first voltage to the vibrator.
(ii) The device can move into an on or active state, wherein the device is actively generating aerosol and power is being provided to the vaporizer (Pg. 19, Lines 27-29). A second voltage threshold, less than a first voltage threshold (Pg. 17, Line 20), is used to determine when to cease a supply of electrical current to the aerosol generator when the measured voltage is below the threshold (Claim 14). A person of ordinary skill in the art would realize that when the measured voltage has met or is above the second voltage threshold, voltage is applied to the aerosol generator for generating aerosol, aligning with the on or active state, meeting the claim limitation of a second section of applying a second voltage less than the first voltage to the vibrator.
(iii) The device further comprises an off state, wherein the aerosol provision system is unable to generate aerosol and power is being prevented from being supplied to the vaporizer (Pg. 19, Lines 22-24), meeting the claim limitation of a blocking section of blocking a voltage to the vibrator. A person of ordinary skill in the art would be motivated to apply voltage sequence of Chen to modified Hon to maintain a substantially overall average power when the device is powered (Pg. 3, Lines 4-5).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to modify the puffing mode of modified Hon to include a first section of applying a first voltage to the vibrator; a second section of applying a second voltage less than the first voltage to the vibrator; and a blocking section of blocking a voltage to the vibrator because both Hon and Chen are directed to limiting the amount of power provided in an aerosol generating device. Chen teaches a standby mode, on/active mode, and off mode with respective voltages to maintain a substantially overall average power when the device is powered (Pg. 3, Lines 4-5) and this merely involves applying known operating modes to a known aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 8, modified Hon teaches all the limitations of the claims as set forth above, however modified Hon is silent to:
Wherein the method further comprises switching from the puffing mode to the power repetition control mode based on an inhalation of the user ending before the first section ends
Chen teaches wherein the standby mode can be activated during a pause between puffs during an ongoing session of use (Pg. 24, Lines 2-3). A person of ordinary skill in the art would realize that the standby mode is used to prepare the device to generate aerosol, without actively doing so. Without the device being put in an off state by the user (Pg. 24, Lines 5-7), the device goes between the standby mode and the on/active mode, initiating a repetitive change in power level during each mode based on the voltage threshold values and user puffing actions, meeting the claim limitation of wherein the method further comprises switching from the puffing mode to the power repetition control mode based on an inhalation of the user ending before the first section ends
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill to modify the method of modified Hon to include switching from the puffing mode to the power repetition control mode based on an inhalation of the user ending before the first section ends because both Hon and Chen are directed to controlling the amount of power provided in an aerosol generating device. Chen teaches switching from an on/active mode to a standby mode during a pause between ongoing sessions at different voltages to control the level of power supplied to the heater (Pg. 1, Lines 20-21) and this merely involves applying a known switching technique to a known aerosol generator ready for improvement to yield predictable results.
With regard to Claim 9, modified Hon teaches all the limitations of the claims as set forth above, however modified Hon is silent to:
Wherein the method further comprises switching from the puffing mode to the power repetition control mode based on an inhalation of the user ending before the second section ends
Chen teaches an on/active mode during a puffing action wherein the system actively generates aerosol and power is being provided to the vaporizer (Pg. 19, Lines 27-29). The on/active mode stops when there is a pause between puffs during an ongoing session of use (Pg. 24, Lines 2-3). A person of ordinary skill in the art would realize that without the device being put in an off state by the user (Pg. 24, Lines 5-7), the system goes between the standby mode and the on/active mode, initiating a repetitive change in power level during each mode based on the voltage threshold values and user puffing actions, meeting the claim limitation of wherein the method further comprises switching from the puffing mode to the power repetition control mode based on an inhalation of the user ending before the second section ends.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill to modify the method of modified Hon to include switching from the puffing mode to the power repetition control mode based on an inhalation of the user ending before the second section ends because both Hon and Chen are directed to controlling the amount of power provided in an aerosol generating device. Chen teaches switching from an on mode to a standby mode during a pause between ongoing sessions at different voltages to control the level of power supplied to the heater (Pg. 1, Lines 20-21) and this merely involves applying a known switching technique to a known aerosol generator ready for improvement to yield predictable results.
With regard to Claim 11, modified Hon teaches all the limitations of the claims as set forth above, however modified Hon is silent to:
Wherein operating in the puffing mode comprises maintaining power blocking for the vibrator until the power blocking state ends
The voltage to the vibrator is blocked despite sensing of an inhalation of the user during the power blocking state
Chen teaches wherein (i) control circuitry may switch the device to the off state and stop supplying electrical current to the aerosol generator when the aerosol generator is operating within abnormal conditions (Pg. 28, Lines 29-31). A person of ordinary skill in the art would find it obvious that once the abnormal condition is resolved and the user inhales, the off state would end and normal operation would resume, meeting the claim limitation of wherein operating in the puffing mode comprises maintaining power blocking for the vibrator until the power blocking state ends.
(ii) A person of ordinary skill in the art would also realize that the system does not receive power in the off state, and during abnormal conditions, even if inhalation is detected, power would be ceased to allow the user the chance to fix the issue of the device to perform in normal conditions. In the case of a low level of liquid at the aerosol generator (Pg. 28, Line 31), activating a dry or empty aerosol generator would not generate aerosol and may damage the system.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the puffing mode of modified Hon to maintain power blocking for the vibrator until the power blocking state ends, such that the voltage to the vibrator is blocked despite sensing of an inhalation of the user during the power blocking state because both Hon and Chen are directed to controlling the amount of power provided in an aerosol generating device. Chen teaches an off state where electrical current is not applied to an aerosol generator to avoid damaging the system and this merely involves applying a known off state to a known puffing mode sequence ready for improvement to yield predictable results.
With regard to Claim 13, modified Hon teaches all the limitations of the claims as set forth above, however modified Hon is silent to:
Detecting, after the power of aerosol generating device is turned on, an idle period based on a recent time the aerosol generating device is used, and based on the detected idle period being less than a preset reference time, entering the power repetition control mode without first preheating the vibrator
Chen, directed to aerosol provision systems, teaches wherein a device may be turned to a standby state in between uses during an ongoing session of use, after the device was in an on state (Pg. 20, Lines 1-2). Control circuitry of the device can implement a test event after non-use of the aerosol provision device for an amount of time, when the device transitions from a first mode of operation to a second mode of operation, which in this case may be from an on/active state to a standby state (Pg. 20, Lines 29-31). In the standby state, the aerosol provision system is ready to generate aerosol (Pg. 19, Line32-34), without requiring preheating, meeting the claim limitation. A person of ordinary skill in the art would find it obvious to apply the standby rules to modified Hon to limit the level of power supplied to prevent overheating or provide a desired level of aerosol formulation (Pg. 1, Line 21-23).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the power repetition control mode of modified Hon to detect, after the power of aerosol generating device is turned on, an idle period based on a recent time the aerosol generating device is used, and based on the detected idle period being less than a preset reference time, entering the power repetition control mode without first preheating the vibrator because both Hon and Chen are directed to limiting power needed to generate aerosol. Chen teaches wherein a standby state occurs based on a time between uses during an active state to limit the level of power supplied to prevent overheating or provide a desired level of aerosol formulation (Pg. 1, Line 21-23) and this merely involves the use of a known state technique to improve a similar aerosol generating device in the same way.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hon (US 20200196663 A1), Bessant (US 20210068456 A1), and Chen (WO 2021140328 A1), as applied to claims 1 and 5 above, and further in view of Yamada (CA 2947135 C)
With regard to Claim 6, modified Hon teaches all the limitations of the claims as set forth above, however modified Hon is silent to:
Wherein a ratio of time lengths of the first section, the second section, and the blocking section is a preset ratio value
Yamada, directed to a non-burning type flavor inhaler, teaches a first-light emitting mode [0100] correlating to a first voltage [0111]. A second-light emitting mode is included that is longer than the cycle of the first light-emitting mode [0075] and an end light emitting mode is included providing a smaller amount of light than the first and second light-emitting modes that reduce over time [0081]. A person of ordinary skill in the art would find it obvious that the light-emitting modes of Yamada are in preset lengths based on the correlation they have to each other and would have been considered routine optimization for the end light-emitting mode to correlate to a preset ratio value to enhance a user's puffing experience [0021], meeting the claim limitation of wherein a ratio of time lengths of the first section, the second section, and the blocking section is a preset ratio value.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the time lengths of the section of modified Hon to be in a preset ratio value because both Yamada and Hon are directed to aerosol generating device with separate voltage modes and preheating properties. Yamada teaches three light-emitting modes, where length of the second mode is longer than the first and an end light-emitting mode to solve the problem of users having difficulty in understanding the timing of when the puff action series needs to be ended [0021] and this merely involves applying a known time configuration to known modes of an aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 7, modified Hon teaches all the limitations of the claims as set forth above, however modified Hon is silent to:
Wherein a ratio of the time lengths is 2: 3: 1
Yamada, directed to a non-burning type flavor inhaler, teaches a first-light emitting mode [0100] correlating to a first voltage [0111]. A second-light emitting mode is included that is longer than the cycle of the first light-emitting mode [0075], relating to the first two values of the claimed ratio. The flavor inhaler also includes an end light-emitting mode providing a smaller amount of light than the first and second light-emitting modes that reduce over time [0081]. A person of ordinary skill in the art would find it obvious to modify the modes of Yamada in a ratio of 2: 3: 1 because Yamada teaches wherein the second mode is longer than the first mode as required by the claim. The primary function of the end light-emitting mode is to notify the user that it is time to end a puff action [0081], not actively supporting the inhalation process. One would understand that a brief visual cue is sufficient to inform the user that the puff has ended and would have been considered routine optimization for the end light-emitting mode to correlate to a ratio value of "1" to solve the problem of users having difficulty in understanding the timing of when the puff action series needs to be ended [0021], meeting the claim limitation of wherein a ratio of the time lengths is 2: 3: 1.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to include wherein the ratio of time lengths of modified Hon is 2: 3: 1 because both Yamada and Hon are directed to aerosol generating device with separate voltage modes and preheating properties. Yamada teaches three light-emitting modes, where length of the second mode is longer than the first and an end light-emitting mode to solve the problem of users having difficulty in understanding the timing of when the puff action series needs to be ended [0021] and this merely involves applying a known time length ratio to known modes of an aerosol generating device ready for improvement to yield predictable results.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Hon (US 20200196663 A1), and Bessant (US 20210068456 A1), as applied to claim 1 above, and further in view of Chen (WO 2021140328 A1) and Shan (US 20210022405 A1)
With regard to Claim 10, modified Hon teaches a second section of applying a second voltage less than a first voltage to the vibrator, a blocking section of blocking a voltage to the vibrator, and all the limitations of the claims as set forth above, however modified Hon is silent to:
Wherein operating in the puffing mode comprises operating by including the second section and the blocking section in the puffing mode, without operating in a first section before the second section
Based on an obtained value for determining a length of the first section being less than or equal to zero, the first section being a section of applying the first voltage to the vibrator
Chen teaches wherein (i) processing of the system may start in an off state and switch to a standby state to begin a session of use, without being in the on/active state (Pg. 19, Lines 34-35), meeting the claim limitation of wherein operating in the puffing mode comprises operating by including the second section and the blocking section in the puffing mode, without operating in a first section before the second section. (ii) Chen further teaches wherein the control circuitry of the aerosol provision device is configured to adjust a duty cycle of the pulse width modulation to vary the power supplied to the heater, wherein it determines the duration of a neighboring pair of an off and on period (Pg. 10, Lines 27-35), initially using a first voltage threshold (pg. 17, Lines 18-20). A person of ordinary skill in the art would find it obvious for the on state of the pulse width modulation signal, in which voltage is applied to the heater, to be interpreted as a section of applying the first voltage to the vibrator because the heater is a voltage driven component that performs an activation function when voltage is applied, meeting the claim limitation of the first section being a section of applying the first voltage to the vibrator.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the puffing mode of modified Hon to comprises operating by including the second section and the blocking section in the puffing mode, without operating in a first section before the second section; the first section being a section of applying the first voltage to the vibrator because both Hon and Chen are directed to controlling power providing to an aerosol generating device. Chen teaches where the aerosol provision system may go from an off state to a standby state without being in the on/active state to control the level of power supplied to the heater (Pg. 1, Lines 20-21) and this merely involves applying a mode sequence to a known puffing mode of an aerosol generating device ready for improvement to yield predictable results.
In regards to ii., Shan, directed to an aerosol generating device and method, teaches wherein (ii) if a temperature or resistance value of a load and the time in which the amount of the aerosol source held in the holding portion is predetermined as zero, it can be determined if the aerosol source is sufficient [0097], meeting the claim limitation of being based on an obtained value for determining a length of the first section being less than or equal to zero. A person of ordinary skill in the art would find it obvious to combine the duty cycle-based control of the on state of Chen with the threshold-based logic of Shan to achieve a conditional adjustment of the on-state duration when a value is zero because having no aerosol source would indicate no point in operating the heater or aerosol generator. The duty cycle can be set to 0%, in turn meaning there will be 0 seconds of applied voltage, which can be applied to the vibrator as the heater and vibrator both apply the same function of heating to generate aerosol.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the puffing mode of modified Hon to wherein based on an obtained value for determining a length of the first section being less than or equal to zero, the first section being a section of applying the first voltage to the vibrator because both Hon and Shan are directed to generating aerosol using ultrasonic components. Shan teaches wherein a time of an aerosol source being held in the holding portion is predetermined as zero to determine if the aerosol source is sufficient [0097] and this merely involves applying a known value for controlling length to a known duty cycle ready for improvement to yield predictable results.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hon (US 20200196663 A1), and Bessant (US 20210068456 A1), as applied to claim 1 above, and further in view of Bergstrom (WO 2020051385 A1)
With regard to Claim 12, modified Hon teaches all the limitations of the claims as set forth above, however modified Hon is silent to:
Wherein the PWM signal has a duty cycle of a value selected from a range of 40% to 60%
Bergstrom, directed to vaporizer apparatuses and methods, teaches a device for providing inhalable vapor with a piezo-ultrasonic atomizer (Pg. 9, Line 30-32). The device comprises a periodic signal generating a pulse-width modulated signal (Claim 82), wherein a duty cycle may be 50% based on a user's draw (Pg. 21, Line 5). A person of ordinary skill in the art would find it obvious to apply the duty cycle of Bergstrom to the PWM signal of modified Hon to allow the device to comprise a wide range of draw strengths based on the intensity/strength of the user's draw (Pg. 21, Lines 5-8) and is considered prima facie obvious as it is within the claimed range of 40% to 60%, meeting the claim limitation of wherein operating in the power repetition control mode comprises controlling the vibrator with a pulse width modulation (PWM) signal having a duty cycle of a value selected from a range of 40% to 60%.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the PWM signal of modified Hon to wherein the PWM signal has a duty cycle of a value selected from a range of 40% to 60% because both Hon and Bergstrom are directed to aerosol generating devices using ultrasonic atomizers. Bergstrom teaches a vaporizer apparatus with a duty cycle of 50% to allow the device to comprise a wide range of draw strengths based on the intensity/strength of the user's draw (Pg. 21, Lines 5-8) and this merely involves applying a known duty cycle percentage to a known ultrasonic atomizer ready for improvement to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755