DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
Applicant’s arguments, see page 7-8, filed 12/03/2025, with respect to the rejection(s) of claim(s) 16 under USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Holtz (US 2018/0271149).
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.
Claims 16, 18, 20, 22, 24, 26-28, 30, 31, 33 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Bowen (US 2016/0157524) in view of Holtz (US 2018/0271149).
Regarding claim 16, Bowen discloses a method for determining at least one parameter for vaporization in an inhaler, comprising:
providing an inhaler (100) comprising a vaporizer (apparatus around resistance heater 360), based upon resistance heating (coil of resistance heater 360), and an electronic control device (heating controller 105, processor 110, clock 119 memory 117);
carrying out the following initialization procedure via the electronic control device:
outputting an inhalation request to a user of the inhaler (calibration requested to user “the user may be requested or required to perform a calibration step that include inputting an identifier of the material be vaporized (e.g., selecting or inputting the material and/or concentration, or a reference identified, such as a lot number or the like that can be linked to the material being vaporized). For example, a user may scan (e.g., using a QR code, bar code, or equivalent) the vaporizable material or packing and/or inserts affiliated with the vaporizable material. In some variations the apparatus includes a look-up table corresponding to a variety of vaporizable materials that may include values for calibrating the apparatus, including the constants referred to herein that may be used to calibrate the mass of the vapor and/or one or more components (e.g., active agents/active ingredients) in the vaporizable material.” [0065]);
in the case of a puff taken by the user following the inhalation request (suction/puff of operation (to include during operation of calibration) is performed by user “The term ‘puff duration’ as used herein, refers to a length of time during which a vaporization device or electronic vaporizer device is coupled to a suction mechanism. In certain embodiments, the suction mechanism is a user.” [0067]);
operating the vaporizer with a comparatively low heating power P (calibration anticipated over a range of voltages (low/high) driving power over resulting varied times, emphasis added “the method for calibration of the device to obtain active material content from the relationship of total particulate matter (TPM) release content (mg) to vaporization parameters of aerosolizing materials can comprise setting up an analytical inhalation or smoking machine to its functioning operating parameters and testing the device under one or more conditions. In some cases, conditions that can be varied can comprise puff volume and/or flow rate. The conditions (e.g., vaporization parameters) can include one or more variable chosen from the group consisting of puff duration (sec), puff volume (ml), flow rate (ml/sec), power (watts), voltage (volts). In some cases, exemplary ranges include, but are not limited to 1 mL-100 mL volume; 0.2 s-10 s duration; 2-100 mL/s; 2.5-4.2V, respectively.” [0126]); and
recording a time measurement series of an electrical parameter of the vaporizer (time and temperature as part of calculations relative to vaporization point detection “In general, the calculations of partial dose (vapor mass) being delivered by the device may be based on the mass/energy balance in the material being vaporized by balancing the energy put into the material by the heater (e.g., joule heating coil), including the change in energy due to evaporation, the change in heat as it is absorbed by the material to be vaporized, and the energy lost from the system via heat transfer. As described by the inventors herein, this may be expressed with surprising accuracy in terms of the energy (power) applied to the heater and the temperature just before and during/after vaporization of the vaporizable material.” [0020]);
determining a transition point UP (vaporization temp point disclosed above [0020]) between a region of low vaporization and a region of high vaporization in the recorded time measurement series (calibration in effort to target desired vaporization rate as disclosed above [0065] additionally, emphasis added “calibration of electronic vaporizer devices comprising measuring the amount of material vaporized from a vaporizable material from an electronic vaporizer device or vaporizing device relative to power, time and temperature.” [0013]); and
determining and storing at least one parameter associated with the initialization procedure (recording as necessary in utilization of calibration as disclosed above [0065]).
Wherein the initialization procedure is carried out after determination of at least one predetermined even (change of vaporizer material may automatically start calibration/initialization “Also described herein are method and apparatuses for calibrating. Calibration may be performed automatically or manually, and may be performed at the factory. In some variations, calibration may be performed by the user. Calibration may include the input of values, including constant values. Calibration may be performed when the material being vaporized, including either or both the carrier and/or the active ingredient, are changed.” [0010]);
Wherein the at least one predetermine event comprises replacement of a vaporizer cartridge (as disclosed above carrier change provides automatic calibration/initialization [0010], the carrier being part of the cartridge “Any a source of vaporizable material may be used, including a reservoir (e.g., well, pod, cartridge, or the like), which includes the material to be vaporized. The material to be vaporized may include a carrier” [0086]):
Bowen is silent regarding wherein the electronic control device is configured to detect a replacement of the vaporizer cartridge via a detection circuit that continuously monitors and marks, by means of a digital value or flag, the presence or absence of a vaporizer cartridge in a corresponding receptacle of the inhaler;
and wherein a change in the digital value or flag is used as an interrupt for a software in the electronic control device, so that it can be monitored at any time, including standby mode, whether a vaporizer cartridge is inserted in the inhaler or not, thus the replacement of a vaporizer cartridge can be detected in all operating states of the inhaler.
However Holtz teaches wherein the electronic control device is configured to detect a replacement of the vaporizer cartridge (120) via a detection circuit (reader 260) that continuously monitors and marks (always on reader disclosed below [0091]), by means of a digital value or flag (signal to processor as disclosed below), the presence or absence of a vaporizer cartridge in a corresponding receptacle of the inhaler (always on reader providing associated always current status);
and wherein a change in the digital value or flag is used as an interrupt for a software in the electronic control device, so that it can be monitored at any time, including standby mode (standby given little weight beyond not being actively inhaled (heater off), “always on” detection as disclosed below [0091]), whether a vaporizer cartridge is inserted in the inhaler or not, thus the replacement of a vaporizer cartridge can be detected in all operating states of the inhaler (the always on reader interrupts the processor “the controller 264 need not send a command to the cartridge reader 260 at S410. Rather, the cartridge reader 260 may automatically read the identification label 170 of the electronic vaping device 100 when the electronic vaping device 100 is inserted in the slot 205. In one example, the cartridge reader 260 may be an optical reader in an “always ON” state. Therefore, when the electronic vaping device 100 is inserted into the slot 205, the optical reader automatically reads (scans) the identification label 170 and sends the read information to the controller 264.” [0091].
The advantage of wherein the electronic control device is configured to detect a replacement of the vaporizer cartridge via a detection circuit that continuously monitors and marks, by means of a digital value or flag, the presence or absence of a vaporizer cartridge in a corresponding receptacle of the inhaler;
and wherein a change in the digital value or flag is used as an interrupt for a software in the electronic control device, so that it can be monitored at any time, including standby mode, whether a vaporizer cartridge is inserted in the inhaler or not, thus the replacement of a vaporizer cartridge can be detected in all operating states of the inhaler, is to provide an interrupt to the processor when cartridge is changed so that any action associated to the cartridge change occurs immediately when the cartridge is change “In one example, the cartridge reader 260 may be an optical reader in an “always ON” state. Therefore, when the electronic vaping device 100 is inserted into the slot 205, the optical reader automatically reads (scans) the identification label 170 and sends the read information to the controller 264.” [0091].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Bowen and Holtz before him or her, to modify the calibration on vaporizer material change of Bowen to include the always on cartridge detection system of Holtz because an always on detection system enables the immediate interruption action associated to cartridge change when the cartridge is changed.
Regarding claim 18, Bowen discloses the method according to claim 16, Bowen further discloses wherein the at least one parameter determined and stored comprises:
a value R0 of the electrical parameter at the beginning of the time measurement series at ambient temperature TO (as shown in figures 5 and 6, power (502) initiated and tracked at time before temperature (501) rise indicated, the electrical parameter being relational to temperature of heater “the thickest line 501, 501′ (labeled temperature) is given by the resistance ratio that (R.sub.heater/R.sub.reference) that is proportional to the temperature of the heater (show subtracted from 1)” [0124]);
an ambient temperature T0 (as shown to temperature (501) before power applied altering ambient);
a time period tu from an initial point of the time measurement series until the transition point UP is reached (as shown by evap rate (503), time of power (502) applied to reducing power responsive to evap rate, Vaporized Mass Prediction necessarily includes time under power and temperatures “a VMP unit is communicatively coupled to a puff sensor, timer, heater controller and either the alert unit or controlling logic. In certain embodiments, the VMP includes software (e.g., a software module or control logic) that runs on the processor. The VMP unit may integrate power readings from the heater controller, temperature readings from the temperature sensor; and in some cases puff duration or puff frequency readings from the puff sensor and timer.” [0130]);
a value Ru of the electrical parameter of the vaporizer at the transition point OP (optimal transition point as the target temp to a vaporizer as regulated by controller “the heater controller is configured to regulate the temperature of the heater” [0156]).
Regarding claim 20, Bowen discloses the method according to claim 16, Bowen further discloses wherein a heater of the vaporizer is controlled on the basis of the at least one stored parameter after completion of the initialization procedure (initialization/calibration values are used to determine temperature/vaporization over time for determination of dose from vaporizer “The calculation of dose may also include calculating, for each of the sequential time intervals, a partial dose that is further based upon a latent heat and a specific heat of the material. For example, as described in greater detail herein, constants may be empirically or theoretically (e.g., from the latent heat and/or specific heat of the material being vaporized) and may be initially provided to the devices described herein, or may be periodically updated (e.g., in a calibration step) the any of these devices.” [0019] “the heater controller may use control logic (e.g., a PID loop) including one or more inputs such as the temperature, e.g., determined using the coefficient of resistance or TCR of the heater. Thus, in determining the dose (e.g., partial doses of a puff), the apparatus may advantageously use just electrical values (resistance and power values) from the controller, once calibrated with the appropriate constants” [0157]).
Regarding claim 22, Bowen discloses the method according to claim 16, Bowen further discloses wherein one or more of the at least one determined and stored parameter is redetermined after a puff taken by the user in a checking procedure and is compared with a target value. (Periodic updating to calibrated results anticipated “The calculation of dose may also include calculating, for each of the sequential time intervals, a partial dose that is further based upon a latent heat and a specific heat of the material. For example, as described in greater detail herein, constants may be empirically or theoretically (e.g., from the latent heat and/or specific heat of the material being vaporized) and may be initially provided to the devices described herein, or may be periodically updated (e.g., in a calibration step) the any of these devices.” [0019]).
Regarding claim 24, Bowen as modified teaches the method according to claim 22, Bowen as already modified teaches wherein the initialization is carried out after determination of at least one predetermined event, wherein the at least one predetermined event comprises one or more of the following:
switching on of the inhaler (as already modifying Holtz provides that the replacement detection of vapor cartridge is always on (see Holtz above [0091]), such that switching on of inhaler when vapor source has changed would trigger initialization procedure as already provided by Bowen [0010]);
interruption of use of the inhaler for a predetermined period of time;
change in ambient temperature TO by a predetermined value (user requested or automated action to run calibration when vapor material is changed “Calibration may be performed one time (e.g., at a factory) or it may be performed by the user. Alternatively or additionally, the user may be requested or required to perform a calibration step that include inputting an identifier of the material be vaporized (e.g., selecting or inputting the material and/or concentration, or a reference identified, such as a lot number or the like that can be linked to the material being vaporized). For example, a user may scan (e.g., using a QR code, bar code, or equivalent) the vaporizable material or packing and/or inserts affiliated with the vaporizable material. In some variations the apparatus includes a look-up table corresponding to a variety of vaporizable materials that may include values for calibrating the apparatus, including the constants referred to herein that may be used to calibrate the mass of the vapor and/or one or more components (e.g., active agents/active ingredients) in the vaporizable material.” [0065]).
Regarding claim 26, Bowen discloses the method according to claim 22, Bowen further discloses wherein the initialization procedure and/or the checking procedure is carried out:
in a time-controlled manner or periodically, and/or
via one user puff or via a plurality of user puffs (the initialization/calibration may be updated periodically “The calculation of dose may also include calculating, for each of the sequential time intervals, a partial dose that is further based upon a latent heat and a specific heat of the material. For example, as described in greater detail herein, constants may be empirically or theoretically (e.g., from the latent heat and/or specific heat of the material being vaporized) and may be initially provided to the devices described herein, or may be periodically updated (e.g., in a calibration step) the any of these devices.” [0019]).
Regarding claim 27, Bowen discloses the method according to claim 16, Bowen further dislcoses wherein, when inserting a vaporizer cartridge with an individual identifier and having the identifier read out by the electronic control device, at least one stored parameter assigned to this individual identifier can be accessed by the electronic control device (material of vaporizing may be scanned to controller for reference in calibration parameters “the user may be requested or required to perform a calibration step that include inputting an identifier of the material be vaporized (e.g., selecting or inputting the material and/or concentration, or a reference identified, such as a lot number or the like that can be linked to the material being vaporized). For example, a user may scan (e.g., using a QR code, bar code, or equivalent) the vaporizable material or packing and/or inserts affiliated with the vaporizable material. In some variations the apparatus includes a look-up table corresponding to a variety of vaporizable materials that may include values for calibrating the apparatus, including the constants referred to herein that may be used to calibrate the mass of the vapor and/or one or more components (e.g., active agents/active ingredients) in the vaporizable material.” [0065]).
Regarding claim 28, Bowen discloses the method according to claim 16, Bowen further discloses wherein the transition point OP is determined based upon a regression to the time measurement series (linear profiles of power over time relating to temperature over time are anticipated such that changes to calibration are also linear “The temperature rise is linear with temperature rise above room temperature by a factor of 1/TCR, where TCR is the temperature coefficient of resistance.” [0124] “The ratio of the heater resistance to the reference resistance (R.sub.heater/R.sub.reference) is linearly proportional with the temperature (above room temp) of the heater, and may be directly converted to a calibrated temperature.” [0088], non-linear heat/input in relation to time being at transition to evaporation which difference to linear input is accounted to for dosing “the calculations of partial dose (vapor mass) being delivered by the device may be based on the mass/energy balance in the material being vaporized by balancing the energy put into the material by the heater (e.g., joule heating coil), including the change in energy due to evaporation, the change in heat as it is absorbed by the material to be vaporized, and the energy lost from the system via heat transfer.” [0020]).
Regarding claim 30, Bowen discloses an inhaler, comprising:
a vaporizer, based upon resistance heating (heater makes use of resistance heating and temperature gathering “the heater controller may use control logic (e.g., a PID loop) including one or more inputs such as the temperature, e.g., determined using the coefficient of resistance or TCR of the heater.” [0157]), and an electronic control device (electronic control of readings and outputs of vaporizer “The temperature sensor may include software and hardware for measuring the resistance that may be integral with (or separate from) any of the controller and/or processors described herein.” [0160]), wherein the electronic control device is configured to carry out the method according to claim 16 (as already provided in method of claim 16 by Bowen).
Regarding claim 31, Bowen discloses the method according to claim 16, Bowen further discloses wherein the initialization procedure is carried out after replacing a vaporizer cartridge in the inhaler (user requested or automated action to run initialization/calibration when vapor material is changed “Calibration may be performed one time (e.g., at a factory) or it may be performed by the user. Alternatively or additionally, the user may be requested or required to perform a calibration step that include inputting an identifier of the material be vaporized (e.g., selecting or inputting the material and/or concentration, or a reference identified, such as a lot number or the like that can be linked to the material being vaporized). For example, a user may scan (e.g., using a QR code, bar code, or equivalent) the vaporizable material or packing and/or inserts affiliated with the vaporizable material. In some variations the apparatus includes a look-up table corresponding to a variety of vaporizable materials that may include values for calibrating the apparatus, including the constants referred to herein that may be used to calibrate the mass of the vapor and/or one or more components (e.g., active agents/active ingredients) in the vaporizable material.” [0065]).
Regarding claim 33, Bowen discloses the method according to claim 28, Bowen further discloses wherein the regression is a linear regression (linear profiles of power over time relating to temperature over time are anticipated such that changes to calibration are also linear “The temperature rise is linear with temperature rise above room temperature by a factor of 1/TCR, where TCR is the temperature coefficient of resistance.” [0124] “The ratio of the heater resistance to the reference resistance (R.sub.heater/R.sub.reference) is linearly proportional with the temperature (above room temp) of the heater, and may be directly converted to a calibrated temperature.” [0088], non-linear heat/input in relation to time being at transition to evaporation which difference to linear input is accounted to for dosing “the calculations of partial dose (vapor mass) being delivered by the device may be based on the mass/energy balance in the material being vaporized by balancing the energy put into the material by the heater (e.g., joule heating coil), including the change in energy due to evaporation, the change in heat as it is absorbed by the material to be vaporized, and the energy lost from the system via heat transfer.” [0020]).
Regarding claim 34, Bowen as modified teaches the method according to 22, Bowen as already modified teaches wherein the checking procedure is carried out after determination of at least one predetermined event,
wherein the at least one predetermined event comprises one or more of the following:
replacement of a vaporizer cartridge;
switching on of the inhaler (all events of the processor must occur after switching on the inhaler, the checking procedure being related to operation must occur after puff/use to provide value to check against “The calculation of dose may also include calculating, for each of the sequential time intervals, a partial dose that is further based upon a latent heat and a specific heat of the material. For example, as described in greater detail herein, constants may be empirically or theoretically (e.g., from the latent heat and/or specific heat of the material being vaporized) and may be initially provided to the devices described herein, or may be periodically updated (e.g., in a calibration step) the any of these devices.” [0019)),
interruption of use of the inhaler for a predetermined period of time; and
change in ambient temperature to by a predetermined value.
(Examiner notes: the Applicants specifications at [0018] provide that the checking procedure is associate to action of a users puff, emphasis added “Preferably, at least one of the determined and stored parameters is determined after a consumer puff in a checking procedure” [0018] therefore the checking procedure is not understood to be directly initialized by any other event but after said predetermined events).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Holtz and in further view of Kressmann (US 6,818,867).
Regarding claim 17, Bowen discloses the method according to claim 16, Bowen is silent regarding wherein the heating power P set during the initialization procedure is not more than 80% of an average heating power <P> or maximum heating power Pmax used in normal consumption operation.
However Kressmann teaches wherein the heating power P set during the initialization procedure is not more than 80% of an average heating power <P> or maximum heating power Pmax used in normal consumption operation (reduction of heating power to fluid when the time point at which boiling occurs is not calibrated “If the water fill level is low and, thus, the heat capacity of the system is low, and if the temperature sensor responds relatively slowly, i.e. the delay time is relatively long, the temperature difference between the preselected target temperature and the start temperature that was measured may be insufficient for the heating process to be carried out at full heating output without overshoot occurring. In this case, the temperature difference is the minimum acceptable temperature difference or the reference temperature difference. In this case, a controlled heating process which is based on parameters obtained purely by calculation, at a reduced heating output, is carried out, and the controlled heating process is stopped after a precalculated period of time.” (column 2, lines 55-67) a reduction of less than or equal to 80% heating power would be obvious under Routine Optimization (see MPEP 2144.05 II B) because the reduction of heat is dependent to heat capacity/structure of a liquid to vapor heating system, systems having less heat retaining capacity would heat up faster and therefore require further reduction to heat input to avoid overshooting the unknown/un calibrated temperature at which vaporization will occur, the obvious range of heat input selected from being finite to operational power and to near 0 percentage).
The advantage of wherein the heating power P set during the initialization procedure is not more than 80% of an average heating power <P> or maximum heating power Pmax used in normal consumption operation, is to not overheat/overshoot the vaporizing fluid or heater element when it is not known/calibrated at what temperature vaporization will occur “If the water fill level is low and, thus, the heat capacity of the system is low, and if the temperature sensor responds relatively slowly, i.e. the delay time is relatively long, the temperature difference between the preselected target temperature and the start temperature that was measured may be insufficient for the heating process to be carried out at full heating output without overshoot occurring. In this case, the temperature difference is the minimum acceptable temperature difference or the reference temperature difference. In this case, a controlled heating process which is based on parameters obtained purely by calculation, at a reduced heating output, is carried out, and the controlled heating process is stopped after a precalculated period of time.” (column 2, lines 55-67).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Bowen and Kressmann before him or her, to modify the calibration heating temperature of Bowen to include the reduced heat to unknown vaporization point of Kressmann within a finite range of lower power relative to max operation power, because the rate at which liquid vaporizes is system structure dependent such that it would be obvious to optimize any reduced power of heating within the finite range under normal operation power, that limits the overshoot of temperature to the heating element beyond an unacceptable range for the system.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Holtz and in further view of Pang (CN 101,504,552 B)
Regarding claim 19, Bowen discloses the method according to claim 16, Bowen is silent regarding wherein the electronic control device calculates a measure of a quality of the determination of the transition point UP, and, in case of insufficient quality, causes the initialization procedure to be carried out again.
However Pang teaches wherein the electronic control device calculates a measure of a quality of the determination of the transition point UP, and, in case of insufficient quality, causes the initialization procedure to be carried out again (when values of calibration are outside expected range calibration is ran again “[0044] In a storage step S07, judging in the one preset time space stable time is not less than the preset time, if so, the time difference stored in the device to be tested of the tested device surface temperature and setting temperature, if not, the calibration fails and requires recalibration;
[0045] During specific implementation, when surface temperature is stabilized between the 177 degrees centigrade to 183 degrees centigrade, and not less than 4 times the temperature stabilizing time is 240 seconds in, then it may be determined that the calibration is successful, if less than 4 times in 240 seconds in temperature stabilizing time, the calibration fails and requires recalibration.” [0044-0045]).
The advantage of wherein the electronic control device calculates a measure of a quality of the determination of the transition point UP, and, in case of insufficient quality, causes the initialization procedure to be carried out again, is to ensure accuracy of calibration, wherein results that seem out of normal trigger calibration again “[0044] In a storage step S07, judging in the one preset time space stable time is not less than the preset time, if so, the time difference stored in the device to be tested of the tested device surface temperature and setting temperature, if not, the calibration fails and requires recalibration;
[0045] During specific implementation, when surface temperature is stabilized between the 177 degrees centigrade to 183 degrees centigrade, and not less than 4 times the temperature stabilizing time is 240 seconds in, then it may be determined that the calibration is successful, if less than 4 times in 240 seconds in temperature stabilizing time, the calibration fails and requires recalibration.” [0044-0045]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Bowen and Pang before him or her, to modify the calibration points of temperature/vaporization event/time to include the abnormal calibration monitoring with recalibration of Pang, because recalibration provides enhanced calibration over a detected error of initial calibration.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Holtz and in further view of Victor (EP 2,987,037 b1).
Regarding claim 21, Bowen discloses the method according to claim 16, Bowen is silent regarding wherein the initialization procedure is carried out successively at different heating powers of the vaporizer
However Victor teaches wherein the initialization procedure is carried out successively at different heating powers of the vaporizer (inputs to any system having resulting feedback during a calibration may be varied sequentially over runs to optimize controller gains relative to said inputs, emphasis added “The first and/or second ramping may comprise any one or more of the group comprising: triangular pulses; square stepped pulses (1); saw toothed pulses (2); square pulses (3); and a constant signal. The second ramping may comprise ramping using a series of sequential pulses at different mean amplitudes and wherein the optimum controller parameters are calculated for the different mean amplitudes, and wherein the controller is configured to interpolate optimum controller gains for a complete range of possible setpoints. The pulse duration and amplitude may be automatically selected depending on the type of sensor, system, actuator or process.” [0017-0019])
The advantage of wherein the initialization procedure is carried out successively at different heating powers of the vaporizer, is to optimize the controllers predicting of inputs effect to resulting feedback “The second ramping may comprise ramping using a series of sequential pulses at different mean amplitudes and wherein the optimum controller parameters are calculated for the different mean amplitudes, and wherein the controller is configured to interpolate optimum controller gains for a complete range of possible setpoints.” [0017-0019].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Bowen and Victor before him or her, to modify the calibration points of temperature/vaporization event/time to include varied input amplitudes over several runs of calibration of Victor, because providing varied amplitude of inputs to a feedback system enhances the controls predicting of effects from inputs.
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Holtz and in further view of Atkins (US 2018/0042306).
Regarding claim 23, Bowen discloses the method according to claim 22, Bowen is silent regarding wherein in a case of deviations of the redetermined parameter from the target value, a predetermined measure is initiated.
However Atkins teaches wherein in a case of deviations of the redetermined parameter from the target value, a predetermined measure is initiated (when temperature of vaporizer is not at expected temperature, a further output to the heater may be initiated, emphasis added “The temperature reading may be obtained and/or determined after a predetermined period of time has elapsed, to give the heating element sufficient time to reach the vaporization temperature. The temperature reading may be achieved by, for example, a temperature sensor or measuring the resistance of the heating element as further described above. If the heating element is at the proper vaporization temperature, this is an indication that the pressure sensor is properly functioning and sensed the user-suction triggering activation. If, however, the heating element is not at the proper vaporization temperature, this may be an indicator that the pressure sensor is not properly functioning. In response to such a determination, a back-up heating operation may be initiated by the controller increasing the power delivery to the heating element to heat the heating element to the vaporization temperature.” [0073]).
The advantage of wherein in a case of deviations of the redetermined parameter from the target value, a predetermined measure is initiated, is to compensate for an out of range reading by the controller and still produce vapor “If, however, the heating element is not at the proper vaporization temperature, this may be an indicator that the pressure sensor is not properly functioning. In response to such a determination, a back-up heating operation may be initiated by the controller increasing the power delivery to the heating element to heat the heating element to the vaporization temperature.” [0073]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Bowen and Atkins before him or her, to modify the controller of Bowen to include the error detection and compensation thereof of Atkins, because providing a backup procedure for producing vapor enables vapor to be produced even when expected ranges of the vaporizer are not present.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Holtz and in further view of Anderson (US 2020/0000143).
Regarding claim 25, Bowen discloses the method according to claim 16, Bowen is silent regarding wherein an assessment by the user is requested in the initialization procedure and is taken into account when determining the at least one parameter.
However Anderson teaches wherein an assessment by the user is requested in the initialization procedure and is taken into account when determining the at least one parameter (user is polled for vapor experience on first vaporizing, poll modifies the operation of vaporizer in subsequent vaporizations “a second data including a user feedback associated with at least the first puff may be received. The adjustment to the one or more puff characteristics may be further determined based on the second data. The user feedback may include a user input indicating a smoothness of a vapor drawn by the first puff. A user interface configured to receive, from a user, the user input indicating the smoothness of the vapor drawn by the first puff may be generated. The user input may include a motion associated with a user coughing, tapping the vaporizer device, shaking the vaporizer device, and/or moving the vaporizer device in a specific pattern. The user input may include a sound associated with a user coughing, tapping the vaporizer device, shaking the vaporizer device, and/or moving the vaporizer device in a specific pattern.” [0041]).
The advantage of wherein an assessment by the user is requested in the initialization procedure and is taken into account when determining the at least one parameter, is to take into account of the vaporization process a users preference to variable inputs to vaporizations “a second data including a user feedback associated with at least the first puff may be received. The adjustment to the one or more puff characteristics may be further determined based on the second data. The user feedback may include a user input indicating a smoothness of a vapor drawn by the first puff. A user interface configured to receive, from a user, the user input indicating the smoothness of the vapor drawn by the first puff may be generated. The user input may include a motion associated with a user coughing, tapping the vaporizer device, shaking the vaporizer device, and/or moving the vaporizer device in a specific pattern. The user input may include a sound associated with a user coughing, tapping the vaporizer device, shaking the vaporizer device, and/or moving the vaporizer device in a specific pattern.” [0041].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Bowen and Anderson before him or her, to modify the controller of Bowen to include the user vaporization feedback of Anderson, because providing changes to vaporization in view of user feedback of vaporization enhances the users experience with tailored vaporization.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Holtz and Atkins and in further view of Pang and in further view of Li (CN 209527106 U).
Regarding claim 29, Bowen disclose the method according to claim 16, Bowen is silent regarding wherein the transition point OP is determined via an algorithm obtained using artificial intelligence methods.
However Li teaches wherein the transition point OP is determined via an algorithm obtained using artificial intelligence methods (artificial intelligence is anticipated to temperature control via for PID algorithms that prevent overshoot “on the basis of the traditional PID control algorithm, artificial intelligence combining fuzzy control theory establishes a new adjusting PID control algorithm, on all kinds of different systems, by instrument self-setting of parameter most can obtain satisfactory control effect, has no overshoot. strong anti-disturbance property and so on,” (page 5, 2nd paragraph)).
The advantage of wherein the transition point OP is determined via an algorithm obtained using artificial intelligence methods, is to prevent overshoot of desired temperature and enhance heating control through minimizing effects of disturbances from sensed inputs to controller “by instrument self-setting of parameter most can obtain satisfactory control effect, has no overshoot. strong anti-disturbance property and so on,” (page 5, 2nd paragraph).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Bowen and Li before him or her, to modify the controller of Bowen to include the Ai generated algorithms of temperature control, because Ai/Fuzzy Logic, enhances ability of an algorithm to prevent overshoot of desired temperature and filter/negate sensor output disturbances.
Claim 32 is rejected under 35 U.S.C. 103 as being unpatentable over Bowen in view of Holtz and Atkins and in further view of Pang.
Regarding claim 32, Bowen as modified teaches the method according to claim 23, Bowen as already modified is silent regarding wherein the predetermined measure comprises performing a re-initialization procedure or outputting a message to the user.
However Pang teaches wherein the predetermined measure comprises performing a re-initialization procedure or outputting a message to the user (when values of calibration are outside expected range calibration is ran again “[0044] In a storage step S07, judging in the one preset time space stable time is not less than the preset time, if so, the time difference stored in the device to be tested of the tested device surface temperature and setting temperature, if not, the calibration fails and requires recalibration;
[0045] During specific implementation, when surface temperature is stabilized between the 177 degrees centigrade to 183 degrees centigrade, and not less than 4 times the temperature stabilizing time is 240 seconds in, then it may be determined that the calibration is successful, if less than 4 times in 240 seconds in temperature stabilizing time, the calibration fails and requires recalibration.” [0044-0045]).
The advantage of wherein the predetermined measure comprises performing a re-initialization procedure or outputting a message to the user, is to ensure accuracy of calibration, wherein results that seem out of normal trigger calibration “[0044] In a storage step S07, judging in the one preset time space stable time is not less than the preset time, if so, the time difference stored in the device to be tested of the tested device surface temperature and setting temperature, if not, the calibration fails and requires recalibration;
[0045] During specific implementation, when surface temperature is stabilized between the 177 degrees centigrade to 183 degrees centigrade, and not less than 4 times the temperature stabilizing time is 240 seconds in, then it may be determined that the calibration is successful, if less than 4 times in 240 seconds in temperature stabilizing time, the calibration fails and requires recalibration.” [0044-0045]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Bowen as already modified and Pang before him or her, to modify the calibration of Bowen to include the initiation of calibration under abnormal detected ranges of Pang, because recalibration provides enhanced calibration over a detected error.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/Spencer H. Kirkwood/ Examiner, Art Unit 3761
/STEVEN W CRABB/ Supervisory Patent Examiner, Art Unit 3761