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 filed 12/22/2025 have been fully considered but they are not persuasive.
The applicant argues that Alarcon does not compensate a first signal by removing the temperature-induced airflow sensor signal error because, “Alarcon instead discloses using temperature information to adjust heater control…leaving the airflow signal itself uncorrected.” (Remarks page 7-8). This is incorrect. Alarcon explicitly indicate that,
“The signal from this sensor [thermistor or other temperature sensor] could be used alone or in conjunction with a MAF in order to adjust the heater control signal…” [0042].
When used in conjunction with the mass airflow sensor, the mass airflow sensor signal of Alarcon is being corrected with the temperature sensor signal. The examiner maintains that this is the same action being disclosed in the instant application. For instance, the instant specification discloses that,
Accordingly, a temperature sensor (e.g. thermopile) may be used to sense the air temperature and compensate for the temperature-induced MAF sensor drive during signal processing at control electronics. [0029]
The examiner maintains that “compensate” in the instant claim is the same as “used in conjunction with” in the disclosure of Alarcon because both are adjusting the heating based on ambient temperatures.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., determining what portion of the airflow signal is attributable to temperature effects and then subtracting that calculated error from the airflow sensor output) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In addition, Alarcon disclose that the heater is operated so that the heater is adjusted for the ambient temperature, which is a different way of wording that the airflow signal (MAF) is corrected for ambient temperature or ambient temperature is subtracted from the airflow signal. In discussing an alternative, Alarcon discloses that a different method may be used, “…rather than looking at a differential signal”. This indicates that the other already discussed process is a difference between the two signals. In addition, Alarcon state that the ambient temperature signal can be used to disable the heater if the operational temperature limit will be exceeded [0043]. That indicates that the temperature change of the heater is being added to the ambient temperature so as to determine a maximum temperature. Although this is the opposite process (addition vs. subtraction) it highlights the fact that Alarcon is contemplating doing both addition and subtraction for different purposes.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 16, and 20-24, is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Alarcon et al. (US 20160366939).
Regarding claims 16, 20, Alarcon et al. disclose an electronic cigarette with well-known features such as a battery portion with a rechargable battery, LED, and pressure sensor and a cartridge portion with a liquid solution, an atomizer with a heating coil, and a mouthpiece [0003-0004]. The device also contains a mass airflow sensor connected to a microcontroller [0010].
The microcontroller is configured to log data such as mass flow (from the mass airflow sensor) and:
not only to turn ON/OFF a heater based on such data, but to also adjust control parameters such as heater PWM or amount of liquid solution dispensed onto a heating surface. This control may be done proportionally to the flow data or according to an algorithm where flow data is a parameter. In addition, the microcontroller may use flow data to determine flow direction and restrict or limit false activation of the heater in case the user accidentally blows into the eCig [0030].
The mass air flow sensor is composed of two temperature sensing elements, 32 and 34, and a heating element 34 (see figure 3 below, [0031, 0032]). The sensor generates a first and second signal from the two sensors. When no air flow is flowing, the two sensors are “substantially symmetric”, with both sensors having nearly identical temperature profiles. However, when air flows:
…the temperature profile 42 skews in the flow direction due to heat transport of the flowing medium, causing changes in the outputs of the thermopiles 32, 33. Heat transport is proportional to mass flow and heat capacity of the medium. Therefore, the flow sensor 30 measures the mass flow of the medium. [0034]
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The response of the mass airflow sensor is impacted by the ambient temperature. Therefore, Alarcon et al. include a reference temperature sensor or element (element 35, also referred to as a resistor) located next to the upstream end of the upstream mass airflow temperature sensor. The data from this sensor is used for temperature compensation [0035] and measures ambient temperature around the device and can be used alone or in combination with the mass airflow sensor in order to adjust the heater control signal or disable the eCig [0042].
Alarcon et al. then describe how the signals from the reference element and the mass air-flow sensor are used together by the microcontroller to operate the heater at a constant temperature over varying rates of flow [0049-0052] (see figure 12).
The adjustment of the heater control signal with ambient temperature data as described by Alarcon et al. above is considered to be the same as the claimed function to “determine a temperature-induced airflow signal error from the second signal,” and “compensate the first signal from the temperature-induced airflow sensor signal error”. In other words, the same function is being performed in the prior art but is being described with different terms.
Regarding claims 21-24, the control electronics of Alarcon et al. are disclosed in figure 12 as determining if a change over a length of time is above or below a programmed threshold and then correcting the baseline and re-iterating the process or operating the device to make aerosol for the user inhaling [0051]. The reason for this process is to allow for the system to handle subtle changes in the environment, such as temperature change or battery depletion, without the output of the mass air flow sensor in relation to the reference signal to drift [0049].
Claim Rejections - 35 USC § 103
Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon et al. (US 20160366939) as applied to claim16 above, and further in view of Vaclav et al. (EP 30625358 A1).
Regarding claim 17, Alarcon et al. disclose an electronic smoking device using a liquid but does not disclose structural details about the atomizer or cartridge [0003-0004]. However, Vaclav et al. disclose a similar device to Alarcon et al. and disclose a central passage (32), liquid reservoir (34), heating coil (28), a wick (30), and control electronics (22) and an airflow sensor (24) (see figure 1 below). The wick is shown in fluid communication with the liquid reservoir and is surrounded by the heating coil, with both located in the central passage. The heating coil and airflow sensor are illustrated as being connected to the control electronics.
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The airflow sensor is illustrated as being in communication with the air inlets (38) and the central passage (32).
It would have been obvious to one of ordinary skill in the art at the time of invention to use the vaporizer arrayment of Vaclav et al. as the detailed structure in place of the generic structure disclosed by Alarcon et al. [0003-0004]. In particular, it is notoriously well known in the art to construct electronic cigarettes with liquid reservoirs with a wick and heater within a central passage as taught by Vaclav et al. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to use this arrangement as taught by Vaclav et al. based on the brief description of Alarcon et al.
Regrading claims 18 and 19, as discussed in the rejection of claim 17 above, the heater for atomizing a liquid is controlled by the controller as disclosed by Alarcon et al. in response to the mass air flow sensor and the ambient temperature sensor.
Claim(s) 25-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon et al. (US 20160366939) as applied to claim16 above, and further in view of Lee et al. (US 4,884,443).
Regarding claims 25-30. Alarcon et al. do not expressly disclose that the mass air-flow sensor disclosed is a membrane-type mass airflow sensor. However, membrane-type mass airflow sensors are well known in the art. For instance, Lee et al. disclose that, “Prior art mass airflow sensors typically are of the thin-wire or thin-film type” (col. 1, 59-60) and further disclose a thin-film mass airflow sensor with a thin-film heater (RH) with upstream and downstream temperature sensing elements RS1 and RS2 (respectively) and air strikes element RS2 before element RS1. The mass airflow sensor also has a ambient air temperature sensors to determine and compensate for the ambient air temperature (col. 4, 67—col. 5, 16). As discussed by Lee et al., mass airflow sensors use the temperature sensors on either side of the heating element to detect the heat loss or transfer due to heat flow through the air (col. 3, 3-12). The system has identical thin-film temperature sensing resistors which have the same “cold” resistance values (col. 5, 58-68). The heater is configured to produce a constant airflow sensor temperature based on the ambient temperature (col. 6, 46-59) and that airflow changes the temperature gradient across the diaphragm causing a change in the temperature sensor RS2 (col. 6, 46-59). The relationship during flow is disclosed (see col. 8, 50—col. 9, 58).
It would have been obvious to one of ordinary skill in the art at the time of invention to use the thin-film type mass airflow sensor of Lee et al. in the invention of Alarcon et al. Doing so would product expected results as the structures and operations are the similar. Lee et al. is in a different field of endeavor, but is considered to be analogous art because it concerns the use of mass airflow sensors, the problem with which both the instant application and the primary reference are concerned. In addition, Alarcon et al. disclose that their mass airflow sensor, “…may be implemented to measure and monitor mass flow, differential pressure, and/or air velocity in applications such as, e.g. heating ventilation and air conditioning (HVAC), automotive, medical respirators, medical ventilators, diesel generators and engines (e.g. to monitor fuel consumption)…” [0053]. This provides further motivation to look to the mass airflow sensors used in different fields.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J FELTON whose telephone number is (571)272-4805. The examiner can normally be reached Monday, Thursday-Friday 7:00-4:30, Wednesday 7:00-1:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Michael J Felton/Primary Examiner, Art Unit 1747