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
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 February 5, 2026 has been entered.
Status of the Claims
Claims 1-4, and 6-8 are pending and are subject to this Office Action. Claims 1, and 7-8 are amended. Claim 5 is cancelled.
Response to Amendments
The amendments to the claims filed on February 5, 2026 are acknowledged. The 112(b) rejections to claims 1-4, and 6-8 are withdrawn due to the amendments.
Response to Arguments
Applicant's arguments, see pgs 5-8, filed February 5, 2026, with respect to the rejection(s) of claims 1-4, and 6-8 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claim 1 to include a limitation that was not previously presented and that the previously applied prior art does not disclose: “wherein the controller is configured to determine whether the vibration member and the vibration transmission member are in contact based on a result of measuring a voltage generated in the vibration member and a duration of the voltage generated in the vibration member exceeding a predetermined amount of time.” Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the previously applied references in combination with a newly found prior art reference. The following is a modified rejection based on amendments made to the claims.
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.
Claims 1-4, 6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Marmur (US 2019/0015612 A1, cited on the IDS dated 7/7/2022) in view of Reinhart (US 2022/0047818 A1, cited on the IDS dated 7/7/2022), Suenaga (US 2005/0019046 A1), and Beckham (US 2020/0319675 A1).
Regarding Claims 1-4, Marmur, directed to aerosol generation devices ([0001]), piezoelectric elements ([0114]), and electrical conduction ([0040]-[0043]), teaches an ultrasonic-based aerosol generation device ([0015]-[0020], [0108]-[0115], Figs. 1-2; Mobile inhaler comprises an ultrasonic vibration generator 17 configured to generate an aerosol from a liquid within liquid container 4) comprising:
a replaceable cartridge which is configured to store a liquid aerosol-forming substrate ([0111], [0116]-[0118], Figs. 1-3; Mobile inhaler comprises a liquid container 4 (cartridge) which is configured to store a liquid aerosol generating substrate. [0059], Liquid container 4 is replaceable); and
a control main body configured to be coupled to the cartridge ([0108]-[0115], Figs. 1-2; Mobile inhaler comprises mouthpiece 1 and body element 2 which form a control main body which is configured to be coupled to the liquid container 4 (cartridge). Power conversion circuit 6, battery 9, and control unit 8 is arranged inside body element 2. Nebulizer 3 is arranged inside mouthpiece 1. Power supply cables 18 connect the vibration generator 17 of nebulizer 3 to the power conversion unit 6. As the components 6, 8, 9, 17, 18 of the mouthpiece 1 and body element 2 control the operations of the device, mouthpiece 1 and body element 2 can be regarded as a control main body) and including:
a vibration member configured to generate ultrasonic vibrations to vaporize the stored aerosol-forming substrate ([0015]-[0020], [0108]-[0115], Figs. 1-2; Nebulizer 3 is arranged inside mouthpiece 1. Nebulizer 3 comprises an ultrasonic vibration generator 17 configured to generate ultrasonic vibrations to vaporize the stored liquid within liquid container 4); and
a controller ([0108]-[0115], Figs. 1-2; Body element 2 comprises control unit 8),
wherein the ultrasonic-based aerosol generating device further comprises a vibration transmission member configured to transmit the generated ultrasonic vibrations to the stored aerosol-forming substrate ([0108]-[0115], Figs. 1-2; Nebulizer 3 comprises a vibrating plate 14 in a shape of a disc. Mesh plate 14 has a central, dome-shaped circular region 15 provided with a plurality of openings. Mesh plate 14 is attached to a lower side of an annular piezo-electric vibration generator 17, wherein the dome-shaped region is aligned with the central hole of the vibration generator 17. [0123], Vibrating mesh plate 14 and in particular the dome-shaped region 15 is in fluid connection with the content of container 4. Vibrating plate 14 can produce an aerosol irrespective of the spatial orientation of the mobile inhaler. Vibrating mesh plate 14 is a vibration transmission member configured to transmit the generated ultrasonic vibrations to the stored liquid within liquid container 4 (aerosol-forming substrate)),
wherein the vibration transmission member prevents the liquid aerosol-forming substrate from leaking towards the vibration member ([0108]-[0115], Figs. 1-2; Nebulizer 3 comprises a vibrating plate 14 in a shape of a disc. Mesh plate 14 has a central, dome-shaped circular region 15 provided with a plurality of openings. Mesh plate 14 is attached to a lower side of an annular piezo-electric vibration generator 17, wherein the dome-shaped region is aligned with the central hole of the vibration generator 17. The vibration generator 17 (vibration member) is positioned on the upper side of the mesh plate 14 (vibration transmission member) away from the circular region 15 provided with a plurality of openings. In use, the positioning of the vibration generator 17 (vibration member) prevents the liquid in container 4 from leaking toward the vibration generator 17),
wherein the vibration transmission member comes in contact with the vibration member when the cartridge is coupled to the control main body ([0108]-[0115], Figs. 1-2; Mesh plate 14 (vibration transmission member) comes in contact with vibration generator 17 (vibration member) when liquid container 4 (cartridge) is coupled to mouthpiece 1 and body element 2 (control main body)),
but does not teach the device i) wherein the controller is configured to monitor a temperature of the vibration member and control operation of the vibration member based on a monitoring result, wherein the controller stops the operation of the vibration member based on the temperature or a temperature change rate of the vibration member being higher than or equal to a threshold value, wherein the controller controls the operation of the vibration member based on a temperature change pattern of the vibration member, wherein the controller estimates a degree of consumption of the stored aerosol-forming substrate based on the temperature change rate of the vibration member, and ii) wherein the controller is configured to determine whether the vibration member and the vibration transmission member are in contact based on a result of measuring a voltage generated in the vibration member and iii) wherein the controller is configured to determine whether the vibration member and the vibration transmission member are in contact based on a duration of the voltage generated in the vibration member exceeding a predetermined amount of time.
With regard to i), Reinhart, directed to aerosol generation devices ([0001]), teaches an aerosol generation device ([0163], Fig. 1; Aerosol delivery device A comprises an aerosol generator) comprising:
a replaceable cartridge which is configured to store a liquid aerosol-forming substrate ([0163], Fig. 1; Aerosol delivery device A comprises fluid reservoir 2 for receiving a fluid 3 (aerosol forming substrate) to be aerosolized. [0026]-[0027], The fluid reservoir 2 may be arranged for receiving a fluid or liquid containing vessel (cartridge), which may be pierced before use. It is reasonably understood that the cartridge is replaceable. Fluid 3 may be a liquid aerosol forming substrate); and
a vibration member configured to generate vibrations to vaporize the stored aerosol-forming substrate ([0163], Fig. 1; Aerosol delivery device A comprises a vibrator 7 (vibration member) configured to generate vibrations to vaporize fluid 3 (the stored aerosol-forming substrate)); and
a controller configured to monitor a temperature of the vibration member and control operation of the vibration member based on a monitoring result ([0163], Fig. 1; Aerosol delivery device A comprises a controller 10 configured to operate the vibrator 7 at a constant vibration frequency. [0165], The control unit B comprises a detector 13a which is configured to detect or determine the presence of fluid 3 in contact with the membrane 1 on the basis of the temperature of the vibrator 7 detected by the temperature sensor 13. [0028], The detector 13a may form part of the controller 10. [0102]-[0103], The detector 13a may be configured to detect the presence of fluid 3 in contact with the membrane 1 and/or in the fluid reservoir 2 on the basis of a change in the temperature of the vibrator 7 and/or the membrane 1 detected by the temperature sensor 13 over a unit time interval. If the temperature change of vibrator 7 over a unit of time exceeds a threshold value, detector 13a determines that there is no fluid 3 in fluid reservoir 2. [0131], The controller 10 may be configured to deactivate, e.g., automatically deactivate, the vibrator 7 if no presence of fluid 3 in contact with the membrane 1 and/or in the fluid reservoir 2 is detected by the detector 13a. The detector 13a of controller 10 is configured to monitor a temperature of vibrator 7 (vibration member) and controller 10 turns off vibrator 7 if the change in the temperature of the vibrator 7 over a unit of time exceeds a threshold value),
wherein the controller stops the operation of the vibration member based on the temperature or a temperature change rate of the vibration member being higher than or equal to a threshold value ([0102]-[0103], The detector 13a may be configured to detect the presence of fluid 3 in contact with the membrane 1 and/or in the fluid reservoir 2 on the basis of a change in the temperature of the vibrator 7 and/or the membrane 1 detected by the temperature sensor 13 over a unit time interval. If the temperature change of vibrator 7 over a unit of time exceeds a threshold value, detector 13a determines that there is no fluid 3 in fluid reservoir 2. [0131], The controller 10 may be configured to deactivate, e.g., automatically deactivate, the vibrator 7 if no presence of fluid 3 in contact with the membrane 1 and/or in the fluid reservoir 2 is detected by the detector. The controller 10 stops the operation of vibrator 7 if the temperature change rate of vibrator 7 higher than a threshold value),
wherein the controller controls the operation of the vibration member based on a temperature change pattern of the vibration member ([0102]-[0103], The detector 13a may be configured to detect the presence of fluid 3 in contact with the membrane 1 and/or in the fluid reservoir 2 on the basis of a change in the temperature of the vibrator 7 and/or the membrane 1 detected by the temperature sensor 13 over a unit time interval. If the temperature change of vibrator 7 over a unit of time exceeds a threshold value, detector 13a determines that there is no fluid 3 in fluid reservoir 2. [0131], The controller 10 may be configured to deactivate, e.g., automatically deactivate, the vibrator 7 if no presence of fluid 3 in contact with the membrane 1 and/or in the fluid reservoir 2 is detected by the detector. The controller 10 controls the operation of vibrator 7 based on a temperature change pattern (temperature change rate) of vibrator 7),
wherein the controller estimates a degree of consumption of the stored aerosol-forming substrate based on the temperature change rate of the vibration member ([0102]-[0103], The detector 13a may be configured to detect the presence of fluid 3 in contact with the membrane 1 and/or in the fluid reservoir 2 on the basis of a change in the temperature of the vibrator 7 and/or the membrane 1 detected by the temperature sensor 13 over a unit time interval. If the temperature change of vibrator 7 over a unit of time exceeds a threshold value, detector 13a determines that there is no fluid 3 in fluid reservoir 2. [0131], The controller 10 may be configured to deactivate, e.g., automatically deactivate, the vibrator 7 if no presence of fluid 3 in contact with the membrane 1 and/or in the fluid reservoir 2 is detected by the detector. The controller 10 determines that there is no fluid 3 (stored aerosol-forming substrate) in fluid reservoir 2 (estimates the degree of consumption of fluid 3) if the temperature change rate of vibrator 7 exceeds a threshold value).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure to controller taught by Marmur to monitor a temperature of the vibration member and control operation of the vibration member based on a monitoring result, wherein the controller stops the operation of the vibration member based on the temperature or a temperature change rate of the vibration member being higher than or equal to a threshold value, wherein the controller controls the operation of the vibration member based on a temperature change pattern of the vibration member, wherein the controller estimates a degree of consumption of the stored aerosol-forming substrate based on the temperature change rate of the vibration member as taught by Reinhart because Marmur and Reinhart are directed to aerosol generation devices, Reinhart demonstrates that such a configuration allows for detection of the presence of liquid aerosol-forming substrate with a particularly high degree of accuracy (Reinhart, [0102]), and that by deactivating the vibration member when the liquid aerosol-forming substrate is not present in the cartridge, the power consumption of the aerosol generator can be minimized (Reinhart, [0131]), and this involves combining prior art elements according to known methods to yield predictable results.
Marmur in view of Reinhart does not teach the device ii) wherein the controller is configured to determine whether the vibration member and the vibration transmission member are in contact based on a result of measuring a voltage generated in the vibration member and iii) wherein the controller is configured to determine whether the vibration member and the vibration transmission member are in contact based on a duration of the voltage generated in the vibration member exceeding a predetermined amount of time.
With respect to ii), Suenaga, directed to piezoelectric elements ([0054]), teaches a method of determining whether an piezoelectric element and an external element are in contact ([0046]-[0054], Fig. 2; Toner supplying device comprises a toner bottle configured to supply toner to a hopper 13. The toner transferred to the hopper 13 is agitated by an agitating rod 14 having a flexible blade 14a. The hopper 13 also has a remaining amount sensor 16. The remaining amount sensor 16 can be applied with a piezoelectric vibration sensor comprising a piezoelectric element. [0076]-[0083], Fig. 4a; When flexible blade 14a (external element) of agitating rod 14 comes into contact with an end of the detector plane of the remaining amount sensor 16, the piezoelectric element on the detector plane outputs a voltage value corresponding to "the presence of toner". When the flexible blade 14a breaks away from the other end of the detector plane of the remaining amount sensor 16 (after the lapse of the sliding time T1 from time t1), a voltage value corresponding to "the absence of the toner" is outputted from the piezoelectric element on the detector plane. A voltage of the piezoelectric element changes based on whether the piezoelectric element of remaining amount sensor 16 and flexible blade 14a are in contact), the method comprising:
measuring a voltage generated in the piezoelectric element and a duration of the voltage generated in the piezoelectric element ([0076]-[0083], Fig. 4a; When flexible blade 14a (external element) of agitating rod 14 comes into contact with an end of the detector plane of the remaining amount sensor 16, the piezoelectric element on the detector plane outputs a voltage value corresponding to "the presence of toner". When the flexible blade 14a breaks away from the other end of the detector plane of the remaining amount sensor 16 (after the lapse of the sliding time T1 from time t1), a voltage value corresponding to "the absence of the toner" is outputted from the piezoelectric element on the detector plane. A voltage of the piezoelectric element changes based on whether the piezoelectric element of remaining amount sensor 16 and flexible blade 14a (external element) are in contact. Fig. 4a shows the measured voltage values as the piezoelectric element and flexible blade 14a are in and out of contact).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the controller taught by Marmur in view of Reinhart to determine whether the vibration member and the vibration transmission member are in contact based on a result of measuring a voltage generated in the vibration member similarly taught by Suenaga because Marmur and Suenaga are directed to piezoelectric elements, Marmur states that the vibration generator is a piezoelectric element (Marmur, [0114]), Suenaga demonstrates that a voltage measurement a piezoelectric element can be used to determine whether the piezoelectric element and an external element are in contact (Suanaga, [0046]-[0054], [0076]-[0083], Fig. 2, Fig. 4a), Reinhart demonstrates that a controller may be configured to receive a measurement of a voltage of a vibration member, and control operation of the vibration member based on the voltage measurement (Reinhart, [0116]-[0123]), and Marmur demonstrates that the vibration member and the vibration transmission member must be in contact for the ultrasonic waves to propagate through the vibration transmission member to aerosolize the liquid aerosol-forming substrate (Marmur, [0108]-[0115], Figs. 1-2; Mesh plate 14 (vibration transmission member) comes in contact with vibration generator 17 (vibration member) such that the vibrations (ultrasonic waves propagate through the mesh plate 14 to aerosolize the liquid in liquid container 4).
Marmur in view of Reinhart and Suenaga does not teach the device iii) wherein the controller is configured to determine whether the vibration member and the vibration transmission member are in contact based on a duration of the voltage generated in the vibration member exceeding a predetermined amount of time.
With respect to iii), Beckham, directed to electrical conduction ([0054]), teaches a method of determining whether an electrically conductive element and an external element are in contact ([0026]-[0037], Figs. 1-2; Docking station 100 comprises three recesses 110 configured to receive accessories 200. Recesses 110 each comprise a contact 1 (electrically conductive element) which is configured to contact a contact 2 (external element) of accessory 200 for electrical conduction. [0037] describes a method of determining whether contact 1 and contact 2 are in contact), the method comprising:
configuring a controller to determine whether the electrically conductive element and the external element are in contact based on a duration of the voltage generated in the electrically conductive element exceeding a predetermined amount of time ([0026]-[0037], Figs. 1-2; Docking station 100 comprises microcontroller 130 to determine whether accessory 200 is present (i.e. contacts 1 and 2 are touching) by measuring a voltage generated in contact 1 for a first threshold duration (predetermined amount of time). If the ramp voltage on CONTACT 1 reaches the VDET voltage threshold after that first threshold duration, microcontroller 130 can determine that accessory 200 is present).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the controller taught by Marmur in view of Reinhart and Suenaga to determine whether the vibration member and the vibration transmission member are in contact based on a duration of the voltage generated in the vibration member exceeding a predetermined amount of time similarly taught by Beckham because Marmur and Beckham are directed to electrical conduction, Beckham demonstrates that a predetermined amount of time can be used as a confirmation threshold to determine whether two elements are in contact, and Marmur demonstrates that the vibration member and the vibration transmission member must be in contact for the ultrasonic waves to propagate through the vibration transmission member to aerosolize the liquid aerosol-forming substrate (Marmur, [0108]-[0115], Figs. 1-2; Mesh plate 14 (vibration transmission member) comes in contact with vibration generator 17 (vibration member) such that the vibrations (ultrasonic waves propagate through the mesh plate 14 to aerosolize the liquid in liquid container 4).
Regarding Claim 6, Marmur in view of Reinhart, Suenaga, and Beckham does not teach the ultrasonic-based aerosol generation device wherein the controller determines whether the vibration member and the vibration transmission member are in contact and controls the operation of the vibration member based on a result of the determining.
Reinhart, directed to piezoelectric elements ([0034]-[0035]), teaches an aerosol generation device ([0163], Fig. 1; Aerosol delivery device A comprises an aerosol generator) comprising:
a cartridge which is configured to store a liquid aerosol-forming substrate ([0163], Fig. 1; Aerosol delivery device A comprises fluid reservoir 2 for receiving a fluid 3 (aerosol forming substrate) to be aerosolized. [0027], The fluid reservoir 2 may be arranged for receiving a fluid or liquid containing vessel (cartridge). Fluid 3 may be a liquid aerosol forming substrate); and
a vibration member configured to generate vibrations to vaporize the stored aerosol-forming substrate ([0163], Fig. 1; Aerosol delivery device A comprises a vibrator 7 (vibration member) configured to generate vibrations to vaporize fluid 3 (the stored aerosol-forming substrate)); and
a controller configured to receive a measurement of a voltage generated in the vibration member, and control the operation of the vibration member based on the measurement ([0163], Fig. 1; Aerosol delivery device A comprises a controller 10 configured to operate the vibrator 7 at a constant vibration frequency. [0116]-[0117], An electrical parameter sensor is configured to detect at least one electrical parameter of the vibrator, wherein the at least one electrical parameter may be the voltage drop or voltage consumption at the vibrator. [0119]-[0120], [0123], Controller 10 is configured to receive the electrical parameter from the electrical parameter sensor, and control operation of the vibrator 7 based on the determination),
wherein the controller is configured to deactivate the vibration member to minimize the power consumption of the device ([0131]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure to controller taught by Marmur in view of Reinhart and Suenaga and Beckham to control the operation of the vibration member based on a result of the determining whether the vibration member and the vibration transmission member are in contact because Reinhart demonstrates that the controller is configured to detect whether a liquid is present in the replaceable cartridge, and deactivate the vibration member if liquid is not present in the cartridge (Reinhart, [0102]-[0103], [0131], [0165]), and that deactivating the vibration member to minimizes the power consumption of the device (Reinhart, [0131]). One of ordinary skill in the art would have recognized that if the vibration member and the vibration transmission member are not in contact, power would be wasted because the ultrasonic waves generated by the vibration member would not propagate through the vibration member to aerosolize the liquid aerosol-forming substrate. Therefore, configuring to controller to control the operation of the vibration member based on a result of the determining whether the vibration member and the vibration transmission member are in contact (e.g. turning off the vibration member when the vibration member and the vibration transmission member are not in contact) would prevent the device from wasting power.
Regarding Claim 8, Marmur in view of Reinhart, Suenaga, and Beckham teaches the ultrasonic-based aerosol generation device of claim 1. Marmur further teaches the device wherein the vibration member is implemented using a piezoelectric element ([0114]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Marmur (US 2019/0015612 A1, cited on the IDS dated 7/7/2022) in view of Reinhart (US 2022/0047818 A1, cited on the IDS dated 7/7/2022), Suenaga (US 2005/0019046 A1) and Beckham (US 2020/0319675 A1) as applied to Claim 6, and further in view of Rubin (US 2019/0321570 A1) and Niikawa (US 2012/0024636 A1).
Regarding Claim 7, Marmur further teaches the ultrasonic-based aerosol generation device wherein the vibration transmission member is made of an electrical conductor ([0039], [0114], Fig. 2; The mesh plate 14 (vibration transmission member) is preferably made of a metal sheet),
but does not teach the ultrasonic-based aerosol generation device i) wherein the vibration member is made of an electrical conductor, ii) wherein the controller determines whether the vibration member and the vibration transmission member are in contact based on whether electrical conduction occurs between the vibration member and the vibration transmission member.
With respect to i), Rubin, directed to aerosol generation devices ([0002]), teaches an aerosol generation device ([0114], Fig. 1; Aerosol delivery device 10) comprising:
a cartridge which is configured to store a liquid aerosol-forming substrate ([0114]-[0115], Fig. 1; Aerosol delivery device 10) comprises a liquid reservoir (cartridge) configured to store liquid medicament formulation 14 (liquid aerosol-forming substrate)); and
a vibration member configured to generate ultrasonic vibrations to vaporize the stored aerosol-forming substrate ([0114]-[0115], Fig. 1; Aerosol delivery device 10) comprises a piezoelectric motor assembly configured to drive the vibration of a vibratable membrane 11 to vaporize the liquid medicament formulation 14 (liquid aerosol-forming substrate)),
wherein the vibration member is made of an electrical conductor ([0114], Fig. 1; piezoelectric motor assembly (e.g., a support unit 12 and a piezo-electrical conversion unit 13) in response to an electric drive signal. The support unit 12 and the piezo-electrical conversion unit 13, both contain or comprise electrically conductive material).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the vibration member of Marmur with the vibration member of Rubin such that the vibration member taught is made of an electrical conductor because Marmur, Reinhart, and Rubin are directed to aerosol-generation devices, and Marmur states that the vibration member is a piezoelectric element but does not provide any further details for the material composition vibration member (Marmur, [0114]), Rubin discloses a piezoelectric vibration member which can be used to generate an aerosol from a liquid (Rubin, [0114]-[0115]), and one of ordinary skill in the art would have looked to other prior art piezoelectric vibration members (such as Rubin) for a suitable composition of the vibration member.
Marmur in view of Reinhart, Suenaga, Beckham, and Rubin does not teach the ultrasonic-based aerosol generation device ii) wherein the controller determines whether the vibration member and the vibration transmission member are in contact based on whether electrical conduction occurs between the vibration member and the vibration transmission member.
With respect to ii), Niikawa, directed to electrical conduction ([0007]), teaches a method of determining whether two electrical conductors are in contact ([0007]-[0008], The apparatus comprises a first contact that is mounted to the ascending/descending body, and that contacts the first conducting wire if the ascending/descending body disengages from a guide rail. The apparatus comprises a detecting portion which detects the presence or absence of electrical conduction between the first contact and the first conducting wire to determine if the first contact and the first conducting wire are in contact. The first contact and the first conducting wire must be electrical conductors is electrical conduction can occur between them), the method comprising:
determining whether electrical conduction occurs between the two electrical conductors ([0007]-[0008], The apparatus comprises a detecting portion which detects the presence or absence of electrical conduction between the first contact and the first conducting wire to determine if the first contact and the first conducting wire are in contact).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the controller taught by Marmur to determine whether the vibration member and the vibration transmission member are in contact based on whether electrical conduction occurs between the vibration member and the vibration transmission member similarly taught by Niikawa because Marmur and Niikawa are directed to electrical conduction, the device of Marmur has been modified in view of Rubin such that the vibration member and the vibration transmission member are made of an electrical conductor, Niikawa demonstrates that detecting electrical conduction between two electrical conductors can be used to determine whether two electrical conductors are in contact (Niikawa, [0007]-[0008]), and Marmur demonstrates that the vibration member and the vibration transmission member must be in contact for the ultrasonic waves to propagate through the vibration transmission member to aerosolize the liquid aerosol-forming substrate (Marmur, [0108]-[0115], Figs. 1-2; Mesh plate 14 (vibration transmission member) comes in contact with vibration generator 17 (vibration member) such that the vibrations (ultrasonic waves propagate through the mesh plate 14 to aerosolize the liquid in liquid container 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
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/J.M.M./
Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755