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 .
Election/Restrictions
Claims 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/18/2024.
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.
The Supreme Court in KSR International Co. v. Teleflex Inc., 82 USPQ2d 1385, 1395-97 (2007) identified a number of rationales to support a conclusion of obviousness which are consistent with the proper “functional approach” to the determination of obviousness as laid down in Graham. The key to supporting any rejection under 35 U.S.C. 103 is the clear articulation of the reason(s) why the claimed invention would have been obvious. The Supreme Court in KSR noted that the analysis supporting a rejection under 35 U.S.C. 103 should be made explicit.
EXEMPLARY RATIONALES
Exemplary rationales that may support a conclusion of obviousness include:
(A) Combining prior art elements according to known methods to yield predictable results;
(B) Simple substitution of one known element for another to obtain predictable results;
(C) Use of known technique to improve similar devices (methods, or products) in the same way;
(D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results;
(E) “Obvious to try” – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success;
(F) Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art;
(G) Some teaching, suggestion, or motivation in the prior art that would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention.
Claim(s) 1-3, 5-6, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2015/313284A1) in view of Griffith, Jr. et al. (US 11246344B2) and Maharajh et al. (US 2006/0047368A1)
Liu (US 2015/313284A1).
Liu discloses in reference to claim:
1. A heating control method, applicable to a heating element of an electronic vaporization device (abstract; fig. 1; [0001]-[0002]), the method comprising:
controlling the heating element to perform heating to a first preset temperature TBP within a first time period t1; controlling the heating element to keep working under the first preset temperature TBP within a second time period t2; and controlling the heating element to decrease from the first preset temperature TBP to a second preset temperature T2 within a third time period t3, wherein the heating element is controlled to perform heating at least two different powers P0, P1 within the first time period and/or the second time period P2, P3 and wherein the heating element is controlled to perform heating at a non-zero power P1, P2 or P3 within the third time period.
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Liu does not explicitly disclose controlling the heating element to decrease from the first preset temperature TBP to a second preset temperature T2 within a third time period t3, and keep working under the second preset temperature to a preset duration.
Griffith discloses a similar aerosol device wherein the device having a current regulating component that can cycle the current to the resistive heating element off and on to maintain a first temperature that is below an aerosol forming temperature and then allow an increased current flow in response to a current actuation control component so as to achieve a second temperature that is greater than the first temperature and that is an aerosol forming temperature. Such controlling can improve the response time of the article for aerosol formation such that aerosol formation begins almost instantaneously upon initiation of a puff by a consumer. In some embodiments, the first temperature (which can be characterized as a standby temperature) can be only slightly less than the aerosol forming temperature defined above.
One of skill would find it obvious to modify the Liu device such that controlling the heating element to perform heating to a first preset temperature TBP (the aerosol forming temperature in Griffith) within a first time period t1; controlling the heating element to keep working under the first preset temperature TBP within a second time period t2; and controlling the heating element to decrease from the first preset temperature TBP to a second preset temperature T2 (referred to as a standby temperature) within a third time period t3, and keep working under the second preset temperature (stand by temperature) to maintain the device in ready to use mode. With regard to the limitation that the heater keeps working to a preset duration, it is known in the art, at least from Maharajh et al. that power to an aerosol delivery device can be shut off to the one or more heaters and fluid delivery can be stopped upon occurrence of a predetermined event, particularly inactivity for a preset period.
It is therefore further obvious that one of skill in the art would be motivated to improve upon the Liu device by including the functionality of maintaining a standby temperature less than the full aerosol forming temperature by providing a non-zero heating contribution from the heater for a preset duration—where upon after the preset duration, if no functional activity is presented by the user, the heater/device may be shut off.
17 (New): The heating control method of claim 1, wherein a temperature profile throughout the third time period monotonically decreases from the first preset temperature to the second preset temperature or remains constant at the second preset temperature. Note that the combination of Liu with the teachings of Griffith and Maharajh suggest a temperature profile throughout the third time period remains constant at the second preset temperature (standby temperature).
18 (New): The heating control method of claim 1, wherein controlling the heating element to perform heating to the first preset temperature within the first time period comprises: controlling the heating element at least two different powers to perform heating with a temperature raised to the first preset temperature within the first time period. Note that Liu teaches controlling the heating element to perform heating to the first preset temperature within the first time period comprises: controlling the heating element at least two different powers to perform heating with a temperature raised to the first preset temperature within the first time period. See discussion with respect to claim 1.
2. The heating control method of claim 1, wherein the heating element is controlled to perform heating at at least two different powers (see fig. 10B) within the first time period (t1) and/or the second time period comprises: performing heating sequentially in descending order of the at least two different powers within the first time period; and/or performing heating circularly and alternately at the at least two different powers within the second time period.
3. The heating control method of claim 2, wherein a minimum heating power within the first time period is not less than a maximum heating power within the second time period.
Fig. 10B discloses the minimum heating power level (1.5W) in the first time period being greater than or equal to the maximum heating power level in the second time period (see power of 0W during t2).
5. The heating control method of claim 1, wherein the heating element is controlled to perform heating at at least two different powers within the first time period and/or the second time period comprises:
heating times at the at least two different powers are the same or different within the first time period; and/or heating times at the at least two different powers are the same or different within the second time period. (see fig. 10B)
6. The heating control method of claim 1, wherein the heating element is controlled to perform heating at a constant power within the third time period.
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13. The heating control method of claim 1, wherein a setting range of the first preset temperature is from 220°C to 320°C, and wherein a setting range of the second preset temperature is from 220°C to 280°C.
Fig. 5 and 6 disclose a temperature working ranges of 250 °C which is within the claimed range..
Claim(s) 4, 7-9, 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable Liu (US 2015/313284A1) in view of Griffith, Jr. et al. (US 11246344B2) and Maharajh et al. (US 2006/0047368A1) and further in view of Ampolini et al (US 2014/270727A1) and/or Atkins et al. (US 2018/042306A1).
Liu, Griffith and Maharajh discloses the claimed invention except in reference to claim:
4. The heating control method of claim 1, wherein the heating element is controlled to perform heating at at least two different powers within the first time period (see fig. 10B) and/or the second time period comprises:
a range of the at least two different powers is from 8 W to 11 W within the first time period; and/or
a range of the at least two different powers is from 6 W to 7.5 W within the second time period.
Liu (fig. 10B, [0046]) discloses the power levels of the first time period are in the range of 5 W to 2.5W and in the second period are in the range of 2.5 w to 1.5 W. As such Liu discloses a higher power range in the first time period and a lower range within the second time period. It would have been well within the knowledge of the artisan to modify the relative power levels in the first and second time periods to arrive at the claimed ranges as may be desired by design parameters. Note the artisan would have the necessary knowledge for changing the power levels and the artisan having the knowledge, creativity and common sense that would be brought to bear when considering combinations and modifications would find it obvious to reasonably increase the power of the Liu device to the claimed range.
Similarly the modification of Liu to arrive at the invention of claims 11 and 12 would be obvious to one of ordinary skill in the art having the knowledge, creativity and common sense that would be brought to bear when considering combinations and modifications.
7. The heating control method of claim 1, wherein the method stores a plurality of schemes A1 to An (set point profile) controlling the heating element to perform heating at the at least two different powers or a constant power within the first time period, a plurality of schemes B1 to Bn controlling the heating element to perform heating at the at least two different powers or a constant power within the second time period, and a plurality of schemes C1 to Cn controlling the heating element to perform heating within the third time period, and
wherein, before controlling the heating element to perform heating to the first preset temperature within the first time period, the method further comprises:
selecting one scheme from the plurality of schemes A1 to An, the plurality of schemes B1 to Bn, and the plurality of schemes C1 to Cn respectively to form a heating scheme.
Ampolini discloses at [0091] In some aspects, the cartridge unit may include a memory device, wherein a desired or otherwise predetermined "set point" or "set point profile" for the power source 340 with respect to the heating component 320 may be stored in, included or otherwise associated with the memory device of the heating component 320/cartridge body portion 140/cartridge unit, and communicated to the controller 360/processor 370 associated with the power/control unit/control body portion 120 upon engagement between the control body portion 120 and the cartridge body portion 140. As such, different power set points and/or power profiles may be associated with different cartridge body portion types, arrangements, etc., as will be appreciated by one skilled in the art. In other aspects, heating component control parameters or power source regulation parameters may be programmed in the memory device, which can be used by the controller 360/processor 370 to (re)configure all or part of the power control algorithm/scheme for the heating component 320.
[0105] Upon initiation of a puff by a user, the controller 360/processor 370 may be configured to set an output power target to a configured and specified set point (i.e., a default value hard-coded into the software). Prior to actuating the heating component, the controller 360/processor 370 may be configured to read several key parameters from the processor/memory of the cartridge unit and compare these parameters to the default parameters associated with the controller 360/processor 370. For example, three parameters may be read from the processor/memory of the cartridge unit, while the corresponding programmed default values for these parameters may be zero (0). As such, if a corresponding zero (0) is read by the controller 360/processor 370 for a parameter, the net result is that the particular cartridge unit does not require a corresponding parameter of the set point to change (i.e., "no change"). It follows that if any of the three parameters is other than zero (0), the heating component set point/set point profile for current/power is changed accordingly.
[0106] In one aspect, the programmable parameter values in the cartridge unit, when read by the power/control unit may completely replace the "standard" hard-coded default set point/set point profile. Further, additional/replacement offsets of these set points may then be applied instead, if so indicated by the cartridge unit. For example, in some instances, the programmable set of parameter values may divide a puff into 10 time-based segments, wherein each segment can have one of four different power set point offsets with respect to the default parameter for that time segment. Not all time segments are required to be used (i.e., to have value different from the default parameter value for that time segment, or even have a power level associated with that time segment). Using these time segments, a custom current/power profile for the heating component can be configured over the duration of the puff, as shown, for instance, in FIG. 9. In one particular example, the controller 360/processor 370 may be configured to direct a substantially constant current/power level from the power source 340 to the heating component 320. In such instances, the offset may be expressed as a percentage of the substantially current/power level. Further, in light of the 10 time segments, each segment may be assigned a representative equal time duration (i.e., 10 or 100). FIG. 9 schematically illustrates three examples of such customized current/power profiles for the heating component.
8. The heating control method of claim 7, wherein selecting one scheme from the plurality of schemes A1 to An, the plurality of schemes B1 to Bn, and the plurality of schemes C1 to Cn respectively to form a heating scheme comprises:
obtaining parameters of the electronic vaporization device or inhale habit parameters of a user, the parameters of the electronic vaporization device comprising parameters of a vaporization substrate or parameters of a vaporizer; and
selecting, of the parameters of the electronic vaporization device or the inhale habit parameters of the user, one scheme from the plurality of schemes A1 to An, the plurality of schemes B1 to Bn, and the plurality of schemes C1 to Cn respectively to form the heating scheme.
Note selecting a “profile”, as suggested by Ampolini would obviously include the selection of the profile parameters for each of the time periods as this is the nature of a “set profile”. Atkins discloses the use of inhale habit parameters as a “control approach” for a similar device. It would have been obvious to one of skill having the knowledge as provided by Liu, Ampolini and Atkins, creativity and common sense that would be brought to bear when considering combinations and modifications to arrive at the claimed invention.
9. The heating control method of claim 8, wherein the inhale habit parameters comprise a single inhale duration. Ampolini teaches the control parameter of a “puff” which reads as a single inhale duration.
Allowable Subject Matter
Claim 16 is allowed.
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 11/19/2025 have been fully considered but they are not persuasive
Applicant’s arguments with respect to the pending claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference strictly as applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached on 5712705569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
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