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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 September 2, 2026 has been entered.
Status of the Claims
Claims 1-20 are pending and are subject to this Office Action. Claims 6-20 are withdrawn. Claims 1-2 are amended. Claim 5 is cancelled.
Response to Amendments
The amendments to the claims filed on September 2, 2026 are acknowledged.
Response to Arguments
Applicant's arguments, see pgs 7-11, filed September 2, 2026, with respect to the rejection(s) of claims 1-5 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 further configured to: detect a change in a total impedance of the aerosol generating device caused by mounting of hardware; determine a driving frequency range based on the detected change in the total impedance.” Therefore, the rejection has been withdrawn.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 newly found prior art references. 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 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Aoun (US 2020/0037402 A1) in view of Horrod (US 2022/0160045 A1), Fishman (US 2004/0178680 A1), Khozikov (US 2015/0246730 A1), Hanawa (US 4767993 A), and Minami (US 2021/0022406 A1).
Regarding Claim 1, Aoun, directed to aerosol generating devices ([0002]) and induction heating ([0002]), teaches an aerosol generating device ([0046], Fig. 1; Aerosol generating device 150) comprising:
a coil configured to generate a magnetic field by a current flowing through the coil ([0046], Fig. 1; Aerosol generating device 150 comprising an RLC resonance circuit 100 for inductive heating of an aerosol generating material 164 via a susceptor 116. [0054], Fig. 2a; Resonance circuit 100 comprises a resistor 104, a capacitor 106, and an inductor 108 connected in series. [0055], The inductive heating of the susceptor 116 is via an alternating magnetic field generated by the inductor 108. The alternating magnetic field generated by the inductor 108 is generated by an alternating current flowing through the inductor 108. The inductor 108 may be in the form of a coiled wire, for example a copper coil); and
a controller configured to control the current ([0048], Fig. 1; Aerosol generating device 150 comprises a controller 114. The controller 114 is arranged to control the RLC resonance circuit 100 (including inductor 108). [0059], Controller 114 controls the H-Bridge 102 to provide an alternating current I in the RLC resonance circuit 100 at a given drive frequency f.),
wherein the controller is further configured to: change a frequency of the current flowing through the coil within a pre-set driving frequency range ([0067], Fig. 2A; In order to determine the resonant frequency of the circuit 100, the controller 114 is arranged to measure a frequency response 300 of the RLC resonance circuit 100. For example, the controller may be arranged to measure an electrical property of the RLC circuit 100 as a function of the driving frequency f at which the RLC circuit is driven. The controller 114 may be arranged to control the H-bridge 104 to scan through a range of drive frequencies f over a period of time. [0069], the electrical property may be indicative of a current induced into a sense coil 120a by the inductor 108 of the RLC circuit 100. The current flowing through the sense coil 120a is reflective of the current flowing through the inductor 108 (coil). [0061], FIG. 3a illustrates schematically a frequency response 300 of the resonance circuit 100 as a plot of the current I flowing in the circuit 100 (specifically inductor 108) as a function of the drive frequency f at which the circuit is driven);
search for an optimum frequency at which a magnitude of the current flowing through the coil has a greatest value ([0067], [0069], Fig. 2A; In order to determine the resonant frequency of the circuit 100, the controller 114 control the H-bridge 104 to scan through a range of drive frequencies f. [0062], Fig. 2a, 3a; The resonance circuit 100 of FIG. 2a has a resonant frequency f.sub.r at which the circuit current I (current flowing through inductor 108) is at a maximum. Controller 114 therefore changes the frequency to determine when the current I is at a maximum to find the resonant frequency); and
control the current to flow through the coil at the optimum frequency ([0091], the controller 114 receives an input, such as an activation signal. The activation signal may result from a user pushing a button (not shown) of the device 150 or from a puff detector (not shown), which is known per se. On receipt of the activation signal, the controller 114 may control the circuit 100 to be driven at the resonant frequency f.sub.r),
wherein the controller is further configured to determine a resonant frequency based on a total impedance of the aerosol generating device ([0064], the controller 114 is arranged to determine the resonant frequency f.sub.r of the circuit 100, by looking up the resonant frequency f.sub.r, for example from a memory (not shown). For example, the resonant frequency f.sub.r of the circuit 100 may be calculated or measured or otherwise determined in advance and pre-stored in the memory (not shown). [0074], the controller 114 may fit a function describing current I (or another response such as impedance etc.) as a function of frequency f for an RLC circuit to the frequency response data, and infer or calculate from the fitted function the resonant frequency f.sub.r),
but does not teach the aerosol generating device i) wherein the controller is further configured to: determine whether the aerosol generating device is defective, based on whether the greatest value of the magnitude of the current exceeds a threshold value: and when the aerosol generating device is normal as the greatest value of the magnitude of the current exceeds the threshold value, control the current to flow through the coil at the optimum frequency, and ii) wherein the controller is further configured to: detect a change in a total impedance of the aerosol generating device caused by mounting of hardware; determine a driving frequency range based on the detected change in the total impedance.
With respect to i), Horrod, directed to aerosol generating devices ([0001]), teaches an aerosol generating device ([0060], Figs. 3-4; Non-combustible aerosol generating device 20) comprising:
a coil configured to generate a magnetic field by a current flowing through the coil ([0061]-[0062], Fig. 4; The aerosol generating device 20B comprises a plurality of inductive elements 23a, 23b, and 23c. The inductive elements 23a-c may comprise a helical inductor coil. The inductive elements 23a-c may each form part of a resonant circuit, such as the resonant circuit 14; and [0004], a resonant circuit (such as an LC resonant circuit) comprising an inductive element for inductively heating a susceptor arrangement to heat an aerosol generating material to thereby generate an aerosol in a heating mode of operation); and
a controller configured to control the current ([0061]-[0062], Fig. 4; The aerosol generating device 20B comprises a plurality of inductive elements 23a, 23b, and 23c. The inductive elements 23a-c may comprise a helical inductor coil. The inductive elements 23a-c may each form part of a resonant circuit, such as the resonant circuit 14; and [0081], The device 20B may comprise the system 10 of Fig. 2; and [0056], Fig. 2; System 10 comprises a power source in the form of a direct current (DC) voltage supply 11, a switching arrangement 13, a resonant circuit 14, a current sensor 15, a susceptor arrangement 16, and a processor 18 (controller); and [0081], the resonant circuit 14 (comprising the inductive elements 23a-c (coils) of the system 10 may be controlled by the processor 18 (controller). It is reasonably understood that if processor 18 controls all of resonant circuit, it is reasonably understood that the processor 18 controls the current flowing through the coils),
wherein the controller is further configured to: determine whether the aerosol generating device is defective, based on whether the greatest value of the magnitude of the current exceeds a threshold value: and when the aerosol generating device is normal, control the current to flow through the coil at an optimum frequency ([0081], Fig. 7; the resonant circuit 14 of the system 10 may be controlled by the processor 18. At operation 62, a current flowing in an inductive element is measured by a current sensor. For example, a current flowing in one or more inductive elements of the resonant circuit 14 may be measured by the current sensor 15. At operation 63, one or more characteristics of the aerosol generating device and/or an apparatus for the aerosol generating device may be determined based, at least in part, on the measured current; and [0085], The one or more characteristics determined in the operation 63 may include one or more fault conditions (i.e. that the device is defective). The one or more fault conditions may be related to a faulty operation of the aerosol generating device. For example, the measured current level may indicate that one or more parts of the aerosol generating device may not be operating normally as expected, or may not be working at all; and [0086], The one or more characteristics determined in the operation 63 may include whether the measured current matches the current of a predefined susceptor arrangement (i.e. that the device is normal). The measured current value is compared to a range of expected current values (having a maximum threshold and minimum) and a decision made whether the measured current value lies within the range of expected current values (whether the current exceeds the maximum threshold). [0073], When the device is normal, processor 18 drives the resonant circuit 14 to cause current to flow at the resonant frequency of the circuit 14).
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 of Aoun to determine whether the aerosol generating device is defective, based on whether the greatest value of the magnitude of the current exceeds a threshold value: and when the aerosol generating device is normal, control the current to flow through the coil at an optimum frequency as taught by Horrod because Aoun and Horrod are directed to aerosol generating devices, Horrod demonstrates that controllers can be configured to determine whether a magnitude of the current flowing through the coil exceeds a threshold value to prevent faulty operation of the aerosol generating device if one of its parts are not operating normally (Horrod, [0110]-[0120]), and this involves combining prior art elements according to known methods to yield predictable results.
With respect to ii), Fishman, directed to induction heating ([0002]), teaches a device ([0026], Fig. 2 shows an illustration of one example of power supply 10 of the present invention for use in induction heating or melting applications) comprising:
a coil configured to generate a magnetic field by a current flowing through the coil; a heater configured to be induction heated via the magnetic field ([0028], Fig. 2; Induction load coil L.sub.9 represents the power coil used in the induction heating or melting apparatus. The ac current flowing through induction load coil L.sub.9 from the output of the inverter magnetically couples with an electrically conductive material, which may be, for example, a conductive metal or a susceptor (heater))
wherein the mounting of hardware can change a total impedance of the aerosol generating device, allowing different driving frequencies to be used to heat the heater ([0037] FIG. 8 illustrates another example of the power supply of the present invention. In this example autotransformer 80 is connected to the ac output of the inverter. The autotransformer has a first output terminal and a plurality (at least two) of second output terminals typically represented by autotransformer taps 100, 110 and 120 in FIG. 8. The first terminal of induction load coil L.sub.9 is connected to the autotransformer's first output terminal. The circuit impedance of the autotransformer changes with the connected tap (mounting of hardware), which changes the load circuit impedance so that the power supply in FIG. 8 can selectively operate at approximate resonance at different output frequencies from the power supply).
With respect to ii), Khozikov, directed to induction heating ([0019]), teaches a device ([0020] FIG. 1 is a cross-sectional view of an ice detection and deicing ("IDD") system 100) comprising:
a coil configured to generate a magnetic field by a current flowing through the coil; a heater configured to be induction heated via the magnetic field ([0023]-[0027], [0034], Fig. 1; IDD system 100 comprises a heating susceptor 104 and a detecting susceptor 106. An alternating current is introduced into the coil 112. If a sufficient current level is introduced, the magnetic field of the coil 112 creates a circulating eddy current in the heating susceptor 104, and/or the detecting susceptor 106 to cause heat buildup in the particular layer, thus raising the temperature of a particular layer. The magnetic field created by the coil 112 is directed towards the heating susceptor 104, and/or the detecting susceptor 106); and
a controller configured to: detect a change in a total impedance of the aerosol generating device; and adjust a driving frequency based on the detected change in the total impedance ([0055], Fig. 1; the heating susceptor 104, the detecting susceptor 106, the coil 112 and a power supply (which behaves as a controller) form a resonant circuit; and [0057], the changes of the total impedance sensed by a power supply may be measured. The method to control the IDD system 100 heating aspect in some configurations may be based on detecting of changes in the resonant frequencies or impedance; and [0061], If changes in the resonant frequency (impedance) detected by a power supply are due to changes in magnetic permeability of the detecting susceptor 106, a power supply (or a separate power supply) can provide an output with the resonant frequency predetermined for the heating susceptor 104).
With respect to ii), Hanawa, directed to inductive coupling (col 1, ln 5-45, col 3, ln 64 – col 4, ln 3), teaches a device (col 3, ln 19-26, FIG. 2 shows a coil arrangement in a coil system for MR imaging, and FIG. 3 shows a circuit of a receiving system of the same system.) comprising
a coil configured to generate a magnetic field gradient to excite a target object (col 3, ln 19-26, Fig. 1-2; The coil system includes a pair of first coils 11a and 11b for transmitting an excitation pulse, and pairs of second and third coils 12a and 12b and 13a and 13b for receiving an MR signal; and col 3, ln 64 – col 4, ln 3; when a pulse-like magnetic field gradient and an excitation pulse are applied to an object to be examined in a static magnetic field in accordance with a predetermined pulse sequence to generate an MR phenomenon only at a specific slice portion of the object, an MR signal is generated at the slice portion),
wherein the mounting of hardware can cause changes in impedance, requiring the device to be reset (col 5, ln 27-31).
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 of Aoun to detect a change in a total impedance of the aerosol generating device caused by mounting of hardware; determine a resonant frequency based on the detected change in the total impedance because Aoun, Fishman, and Khozikov are directed to induction heating, Aoun and Hanawa are directed to inductive coupling, Fishman demonstrates that the mounting of hardware can change a total impedance of the aerosol generating device, allowing different driving frequencies to be used to heat the heater (Fishman, [0037]), Khozikov demonstrates that impedance changes in an induction heating system can be detected in order to adjust the driving frequency to a new resonant frequency (Khozikov, [0061]), Hanawa demonstrates that the mounting of hardware for an inductive coupling device (i.e. coils) can cause changes in impedance (Hanawa, col 5, ln 27-31). As the controller of Aoun is already configured to determine a resonant frequency based on a total impedance of the aerosol generating device (Aoun, [0064], the controller 114 is arranged to determine the resonant frequency f.sub.r of the circuit 100. The resonant frequency f.sub.r of the circuit 100 may be calculated; and [0074], the controller 114 may fit a function describing current I (or another response such as impedance etc.) as a function of frequency f for an RLC circuit to the frequency response data, and infer or calculate from the fitted function the resonant frequency f.sub.r), one of ordinary skill in the art would have been motivated by the cited disclosures of Fishman, Khozikov, and Hanawa to recalculate the resonant frequency using the technique disclosed by Aoun upon detection that an impedance change has occurred.
With respect to ii), Minami, directed to aerosol generating devices ([0007], The inhaler is configured to atomize a liquid to generate an aerosol), teaches an aerosol generating device ([0178], Fig. 1; Inhaler 1) comprising:
a controller configured to determine a pre-set driving frequency range based on a resonant frequency ([0073], [0525], Figs. 1 and 80C; Inhaler comprises controller 400. Inhaler further comprises a memory unit for storing a correspondence between a resonant frequency and a frequency range and the controller is configured to determine the frequency range based on the monitored resonant frequency and the correspondence).
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 device of Aoun in view of Horrod wherein the controller is configured to determine a driving frequency range based on the resonant frequency as determined in Aoun, [0064] because Aoun, Horrod, and Minami are directed to aerosol generating devices, Minami demonstrates that a suitable pre-set driving frequency range for an aerosol generating device can be determined using a resonant frequency (Minami, [0073]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 4, Aoun in view of Horrod teaches the aerosol generating device of claim 1. Aoun further teaches the device wherein the controller is further configured to: based on an input with respect to a power button being sensed, control the current to flow through the coil at the optimum frequency ([0091], the controller 114 receives an input, such as an activation signal. The activation signal may result from a user pushing a button (not shown) of the device 150 or from a puff detector (not shown), which is known per se. On receipt of the activation signal, the controller 114 may control the circuit 100 to be driven at the resonant frequency f.sub.r).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Aoun (US 2020/0037402 A1) in view of Horrod (US 2022/0160045 A1) as applied to Claim 1, and further in view of Lahoud (US 2021/0178090 A1).
Regarding Claim 2, Aoun in view of Horrod teaches the aerosol generating device of claim 1. Aoun further teaches the device wherein the controller is further configured to sequentially change the frequency of the current from a minimum frequency within the driving frequency range ([0067], [0069], Fig. 2A; In order to determine the resonant frequency of the circuit 100, the controller 114 control the H-bridge 104 to scan through a range of drive frequencies f. [0062], Fig. 3a shows that this drive frequencies are scanned from a minimum frequency value to a maximum frequency value),
but does not teach the device wherein the controller is further configured to sequentially change the frequency of the current in a pre-set unit.
Lahoud, directed to aerosol generating devices ([0002], The mist inhaler devices is configured to atomize a liquid to generate an aerosol), teaches an aerosol generating device ([0208], Fig. 1; Mist inhaler 100) comprising:
controller configured to sequentially change the frequency of a current in a pre-set unit ([0208], [0215], Fig. 1; Mist inhaler 100 comprises an integrated circuit 4. [0261], the integrated circuit 4 comprises a frequency controller which is configured to control the frequency at which the means of ultrasonic vibrations 5 operates. [0280], The frequency controller is configured to perform a sweep operation in which the frequency controller drives the transducer at frequencies which track progressively across a predetermined sweep frequency range. [0373]-[0380], The sweep frequency is sequentially incremented from a start sweep frequency to an end sweep frequency. Incrementation requires that the frequency is changed in a pre-set unit).
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 device of Aoun in view of Horrod wherein the controller is further configured to sequentially change the frequency of the current in a pre-set unit as taught by Lahoud because Aoun, Horrod, and Lahoud are directed to aerosol generating devices, Aoun does not explicitly provide a technique for increasing the frequency of the current from a minimum frequency within the pre-set driving frequency range, Lahoud discloses a technique for increasing the frequency of the current from a minimum frequency within a range (Lahoud, [0378]), and the teaching in Lahoud would have motivated one of ordinary skill in the art to provide the device having the claimed properties.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Aoun (US 2020/0037402 A1) in view of Horrod (US 2022/0160045 A1) as applied to Claim 1, and further in view of Borkovec (US 2020/0305506 A1).
Regarding Claim 3, Aoun in view of Horrod does not teach the aerosol generating device wherein the threshold value is 4 A.
Borkovec, directed to aerosol generating devices ([0001]-[0002], The electronic smoking device generates an aerosol), teaches an aerosol generating device ([0026], Fig. 2; Electronic smoking device 100) comprising:
a coil configured to generate heat by a current flowing through the coil ([0026], Fig. 2; Electronic smoking device 100 comprises an atomizer 26 including a heating coil 28. [0038], Fig. 3; A power supply element 60 is provided to power the electronic smoking device 100 (including heating coil 28) by supplying energy to the electronic smoking device 100),
wherein a threshold value for the current flowing through the coil is 4 A ([0038], Figs. 2-3; The power supply element 60 is adapted to transfer electrical power to the heating coil 28 of electronic smoking device 100 via the first coupling element 41 with an electrical current preferably between 0.5 and 4 Amperes).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to set the threshold value at 4 A as taught by Borkovec because Aoun, Horrod, and Borkovec are directed to aerosol generating devices, Aoun and Horrod do not explicitly disclose a threshold value for the current flowing through the coil, Borkovec discloses a suitable threshold current value for a coil of an aerosol generating device (Borkovec, [0026], [0038], Figs. 2-3), and the teaching in Borkovec would have motivated one to provide the aerosol generating device having the claimed threshold value.
Conclusion
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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