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 Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/12/2025 has been entered.
Status of the Claims
Claims 1, 3-6, 9-14, 18, 20, 22, and 27 are currently pending and are subject to this office action. Claims 1, 3-5, 10-14, 18, 20, 22, and 27 are amended. Claims 2, 7, 8, 15-17, 19, 21, and 23-26 have been canceled. This office action is in response to Applicant’s amendment filed on 09/12/2025.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 09/12/2025 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, on pages 7-8, filed 09/12/2025, with respect to the rejection of claim 1 under 35 U.S.C. 102 have been fully considered and are persuasive. The Applicant has amended claim 1 to include a limitation that was not previously presented, specifically, “wherein the variable boost circuit comprises a feedback circuit configured to receive a feedback signal and wherein the variable boost circuit is configured to adjust the second output voltage based on the feedback signal; adjust, when operating the variable boost circuit in the bypass mode, a first duty cycle at which the first output voltage is applied at the heating element; generate, when operating the variable boost circuit in the non-bypass mode, a control signal, wherein the feedback signal is applied to the feedback circuit based on the control signal and the second output voltage; adjust a second duty cycle of the control signal to increase or decrease the second output voltage”. However, upon further consideration, a new ground(s) of rejection is made in view of Qiu (US 20190159523 A1).
Applicant’s arguments, on pages 7-8, filed 09/12/2025, with respect to the rejection of claim 18 under 35 U.S.C. 102 have been fully considered and are persuasive. The Applicant has amended claim 18 to include a limitation that was not previously presented, specifically, “delivering, by the variable boost circuit when operating in the bypass mode, power from a power source in the vaporizer device to the heating element by generating a first output voltage; delivering, by the variable boost circuit when operating in the non-bypass mode, power from a power source in the vaporizer device to the heating element by generating a second output voltage; adjusting, when operating the variable boost circuit in the bypass mode, a first duty cycle at which the first output voltage is applied at the heating element; generating, when operating the variable boost circuit in the non-bypass mode, a control signal; applying, based on the control signal and the second output voltage, a feedback signal to a feedback circuit of the variable boost circuit; adjusting, by the variable boost circuit, the second output voltage based on the feedback signal; adjusting, when operating the variable boost circuit in the non-bypass mode, a second duty cycle of the control signal to increase or decrease the second output voltage”. However, upon further consideration, a new ground(s) of rejection is made in view of Qiu (US 20190159523 A1).
The following are modified rejections based on Applicant’s amendments to the claims.
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.
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.
Claim 1, 3, 4, 5, 10, 11, 12, 18, 20, 22, and 27 are rejected under U.S.C. 103 as being unpatentable over Shan (WO 2020085365 A1, hereinafter citations referring to English Machine Translation) and further in view of Qiu (US 20190159523 A1).
With regard to Claim 1, Shan, directed to an electronic device and method and program for operating an electronic device, teaches an electronic device for generating an aerosol [0001] comprising: (i) a power supply unit with a power source [0046]. Shan teaches (ii) a voltage conversion circuit [0005], meeting the claim limitation of a variable boost circuit. In one state, the voltage conversion circuit converts voltage of the power source and is used as a power supply [0022], which meets the claim limitation of a non-bypass mode, as the voltage conversion circuit actively controls the output voltage. In another state, power is supplied from the power source to the heating unit without passing through the voltage conversion circuit [0022], which meets the claim limitation of a bypass mode, as the voltage conversion circuit is not actively controlling voltage.
Power from the power source is supplied to a heating unit, which can be identified as a first output voltage, through a first switching element without pass through the voltage conversion circuit [0006], which meets the claim limitation of where the variable boost circuit in the bypass mode is configured to deliver power from the power source to a heating element by generating a first output voltage corresponding to a voltage of the power source. In another state, power is supplied from the power source, which can be identified as a second output voltage, to the heating unit without passing through the voltage conversion circuit [0022], meeting the claim limitation of the variable boost circuit in the non-bypass mode configured to deliver power from the power source to the heating element by generating a second output voltage. Shan teaches where when a remaining capacity of the power source is less than a predetermined value, a second value is greater than a first value [0089], which meets the claim limitation of a second output voltage greater than the voltage of the power source.
Shan discloses wherein (iii) a heating unit heats, indicating a rise in temperature, an aerosol generating substrate by power supply from a power source [0006], which meets the claim limitation of delivery of power to the heating element increasing a temperature of the heating element. The heating unit temperature changes until it has reached a predetermined temperature [0006], which meets the claim limitation of a target temperature for vaporizing a vaporizable material.
Shan teaches (iii) a control unit that controls a temperature detection unit, memory unit, and more to exchange information among each component of the device, including the heating unit [0052], which meets the claim limitation of where the controller operates based at least on one or more measurements associated with the heating element. The control unit is configured to switch the power supply from the power source to the voltage conversion circuit on and off [0059], which meets the claim limitation of a controller operating the variable boost circuit in the bypass mode or the non-bypass mode. (iv) Shan teaches wherein the control unit is in a first condition and pulse width modulates a voltage applied to the heating unit, in where a duty ratio of the pulse width modulation is less than or equal to a first threshold value [0008] and doesn’t pass through the voltage conversion circuit [0022], which meets the claim limitation of where the controller adjusts, when operating the variable boost circuit in the bypass mode, a duty cycle at which the first output voltage is applied at the heating element. Shan teaches all the limitations of the claims as set forth above, however Shan is silent to:
Wherein the variable boost circuit comprises a feedback circuit configured to receive a feedback signal
Wherein the variable boost circuit is configured to adjust the second output voltage based on the feedback signal
Generate, when operating the variable boost circuit in the non-bypass mode, a control signal, wherein the feedback signal is applied to the feedback circuit based on the control signal and the second output voltage
Adjust a second duty cycle of the control signal to increase or decrease the second output voltage
Qiu, directed to a driver circuit for an electronic cigarette, teaches (i) a buck-boost driver circuit having first and second sampling circuits that collect input and output voltage and feedback to a MCU connected to the buck-boost driver circuit [0035]. (ii) The buck-boost driver increases or lowers the load voltage according to the voltage control command based on the feedback voltag3e [0035]. (iii) The MCU generates a first and second voltage control command according to the feedback voltage from the two sampling circuits that detect the output voltage [0035]. (iv) The MCU adjusts the PWM duty cycle of the buck-boost driver circuit so the output voltage of the first and second sampling circuits can be adjusted according to requirements [0036]. One of ordinary skill in the art would understand that Qiu teaches the pulse width modulation duty cycle under multiple operating conditions [0036 & 0037], which correlates to the first and second duty cycles of the claimed invention and would be motivated to combine the bypass and non-bypass mode of Shan with Qiu to maintain proper heating performance when the battery voltage drops below the performing threshold [0023].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the variable boost circuit of Shan to comprise a feedback circuit configured to receive a feedback signal, wherein the variable boost circuit is configured to adjust the second output voltage based on the feedback signal; generate, when operating the variable boost circuit in the non-bypass mode, a control signal, wherein the feedback signal is applied to the feedback circuit based on the control signal and the second output voltage and adjust a second duty cycle of the control signal to increase or decrease the second output voltage because both Shan and Qui are directed to improving temperature control and battery efficiency in aerosol generating device. Qui teaches a buck-boost driver circuit in combination with feedback sent to a MCU to maintain proper heating performance when the battery voltage drops below the performing threshold [0023] and this merely involves combining prior art elements according to known control methods to yield predictable results.
With regard to Claim 3, Shan teaches (i) a control unit that controls heating by adjusting the duty ratio of a pulse width modulated signal applied to the heating unit to reaches a desired temperature [0056]. The control unit determines when a first condition is met [0066-0068], meeting the wherein the controlled determines, based on at least a first duty cycle at which the first output voltage is applied at the heating element. (ii) The control unit may be configured to switch the power supply from the power source to the voltage conversion circuit on or off by turning a second switching element on or off when the first switching element is turned on [0011], relating to bypass and non-bypass mode, which meets the claim limitation of the controller operating the variable boost circuit in the bypass mode or the non-bypass mode.
With regard to Claim 4, Shan teaches (i) where the control unit evaluates whether the duty ratio of the pulse width modulation exceeds a first threshold value [0008]. When indicated, the control unit switches the first switching element to an off state and maintains the second switching element, relating to a non-bypass mode [0093-0096]. (ii) When the duty ratio is less than or equal to a first threshold value, the control unit switches the first switching element to an on state [0083]. Voltage is supplied to the heating unit with passing through the voltage conversion circuit [0057-0058 & 0084-0085], relating to a bypass mode of the claimed invention.
With regard to Claim 5, Shan teaches (i) wherein a temperature detection unit measures the current temperature of the heating unit [0055] and the control unit determines a predetermined temperature based on a heating profile [0066]. The control unit determines how much power must be supplied to achieve or maintain the predetermined temperature by the pulse width modulation duty ratio [0056 & 0071]. (ii) Shan further teaches wherein the control unit adjusts the pulse width modulated signal based on a target temperature and target power requirement [0056]. One of ordinary skill in the art would understand that the pulse width modulated voltage is applied to the heating unit to achieve the desired temperature, the control unit determines the pulse width modulated duty ratio based on the power required to reach the target temperature.
With regard to Claim 10, Shan teaches (i) where the control unit outputs multiple control signals, including a pulse width modulation signal to regulate heating [0008] and a second off state command sent to the voltage conversion circuit [0059], relating to the second control signal of the claimed invention. (ii) Shan further determines whether a condition is met based on wherein a duty ration of the pulse width modulation is less than or equal to a first threshold value [0008], relating to the first duty cycle. When the duty cycle satisfies the threshold, the heating unit is power in a bypass mode [0104]. When the duty cycle does not satisfy the threshold, the device is in a non-bypass mode [0098]. The control unit can send an off-state command to the voltage conversion circuit to reenter bypass mode [0059], which meets the claim limitation of wherein the control signal is configured to place the variable boost circuit in the bypass mode or non-bypass mode based on the first duty cycle.
With regard to Claim 11, Shan teaches (i) a control unit with a pulse width modulated signal to control the heating unit repeatedly [0056]. A temperature detection unit detects a temperature value of the heating unit and feeds it back to the control unit. The control unit adjust the pulse width modulation duty cycle based on the feedback [0056], meeting the claim limitation of a signal applied at the feedback circuit. (ii) The control unit adjusts the duty ratio of the pulse width modulated signal, resulting in an adjusted output voltage, to allow the temperature of the heating unit to reach a desired temperature [0056].
With regard to Claim 12, modified Shan teaches all of the limitations of the claims as set forth above, however, modified Shan is silent to:
Wherein the control signal is inversely proportional to the second output voltage of the variable boost circuit
Qiu teaches wherein a circuit either boosts or bucks an output voltage according to the voltage control command of a MCU [0041] to provide a working voltage for a buck-boost driver circuit or to adjust the output voltage according to device requirements [0036].One of ordinary skill in the art would understand that when the output voltage bucks, the relationship between the pulse width modulated control signal and the output voltage is inverse, such that increase the duty cycle decreases the output voltage and decreasing the duty cycle increases the output voltage.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of modified Shan by including wherein the control signal is inversely proportional to the second output voltage of the variable boost circuit because both Shan and Qiu are directed to controller’s using pulse width modulated signals for voltage regulation. Qiu teaches a MCU unit that adjusts the pulse width modulated duty cycle to adjust the output voltage or adjust it according to device requirements to output a large amount of power to improve device performance [0041] and this merely involves applying a known output voltage controlling technique to a known electronic device ready for improvement to yield predictable results.
With regard to Claim 18, Shan teaches an electronic device for generating an aerosol [0001], which meets the claim limitation of a vaporizer device. Shan teaches (i) a control unit that controls a temperature detection unit, memory unit, and more to exchange information among each component of the device, including a heating unit [0052], which meets the claim limitation of a method determined based at least on one or more measurements associated with a heating element of a vaporizer device. Shan teaches (ii) where power from a power source is supplied to a heating unit, which can be identified as a first output voltage, through a first switching element without passing through the voltage conversion circuit [0006], similar to a bypass mode, which meets the claim limitation of the variable boost circuit in the bypass mode configured to deliver power from the power source to a heating element by generating a first output voltage corresponding to a voltage of the power source.
Shan teaches wherein one state, (iii) supplying power from the power source, which can be identified as a second output voltage, to the heating unit without passing through the voltage conversion circuit occurs [0022], meeting the claim limitation of the variable boost circuit in the no bypass mode configured to deliver power from the power source to the heating element by generating a second output voltage. Shan teaches where when a remaining capacity of the power source is less than a predetermined value, a second value is greater than a first value [0089], which meets the claim limitation of a second output voltage greater than the voltage of the power source.
After delivering power from the power supply, (iv) the heating unit temperature changes until it has reached a predetermined temperature for heating [0006], which meets the claim limitation of an increase of temperature of the heating element to a target temperature for vaporizing a vaporizable material. (v) Shan further teaches wherein the control unit pulse width modulates a duty ratio less than or equal to a first threshold value, wherein the control unit is in a first condition [0008], which meets the claim limitation of adjusting, when operating the variable boost circuit in the bypass mode a first duty cycle at wh8ich the first output voltage is applied at the heating element (vi) The pulse width modulated control signal only occurs when the voltage conversion circuit is active [0006], relating to non-bypass, to send a signal for regulating temperature [0008]. Shan teaches all the limitations of the claims as set forth above, however Shan is silent to:
Applying, based on the control signal and the second output voltage, a feedback signal to a feedback circuit of the variable boost circuit
Adjusting, by the variable boost circuit, the second output voltage based on the feedback signal
Adjusting, when operating the variable boost circuit in the non-bypass mode, a second duty cycle of the control signal to increase or decrease the second output voltage
Qiu, directed to a driver circuit for an electronic cigarette, teaches (i) a buck-boost driver circuit having first and second sampling circuits that collect input and output voltage and feedback to a MCU connected to the buck-boost driver circuit [0035]. (ii) The buck-boost driver increases or lowers the load voltage according to the voltage control command based on the feedback voltage [0035]. (iii) The MCU generates a first and second voltage control command according to the feedback voltage from the two sampling circuits that detect the output voltage [0035]. The MCU adjusts the PWM duty cycle of the buck-boost driver circuit so the output voltage of the first and second sampling circuits can be adjusted according to requirements [0036]. One of ordinary skill in the art would understand that Qiu teaches the pulse width modulation duty cycle under multiple operating conditions [0036 & 0037], which correlates to the first and second duty cycles of the claimed invention and would be motivated to combine the bypass and non-bypass mode of Shan with Qiu to maintain proper heating performance when the battery voltage drops below the performing threshold [0023].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the variable boost circuit of Shan to comprise a feedback circuit configured to receive a feedback signal, wherein the variable boost circuit is configured to adjust the second output voltage based on the feedback signal; generate, when operating the variable boost circuit in the non-bypass mode, a control signal, wherein the feedback signal is applied to the feedback circuit based on the control signal and the second output voltage and adjust a second duty cycle of the control signal to increase or decrease the second output voltage because both Shan and Qui are directed to improving temperature control and battery efficiency in aerosol generating device. Qui teaches a buck-boost driver circuit in combination with feedback sent to a MCU to maintain proper heating performance when the battery voltage drops below the performing threshold [0023] and this merely involves combining prior art elements according to known control methods to yield predictable results.
With regard to Claim 20, Shan teaches (i) a pulse width modulated duty ratio used to control the voltage applied to the heating unit [0056]. The control unit determines whether boosting, relating to non-bypass of the claimed invention, or direct supply, relating to bypass of the claimed invention, required based on the duty ratio [0059] and the heating unit receives the pulse width modulated first output voltage [0057]. (ii) Shan further teaches a first threshold value of the pulse width modulated ratio [0008]. When the control unit indicates that more power is required, the system enters boost mode, relating to non-bypass of the claimed invention, based on the first threshold value [0082]. (iii) When the duty ratio is less than or equal to the first threshold value, the control unit switches a first switching element to an on state so that power is supplied directly from the power source to the heating unit [0008 & 0057], relating to the bypass mode of the claimed invention.
With regard to Claim 22, Shan teaches (i) wherein the control unit regulates the pulse width modulated duty cycle to deliver a specific amount of power to the heating unit to reach a desired temperature [0006 & 0056]. Although current isn’t mentioned, one of ordinary skill in the art would understand that a current with a known magnitude is obvious because a pulse width modulate controlled output is defined mathematically as a relationship between a duty cycle and a source voltage. (ii) Shan further teaches where the temperature of a heating unit can be estimated based on a detected resistance value of the load of the heating unit, meaning one must measure and know the voltage and current values. (iii) Temperature is estimated based on a resistance of the heating element [0055]. (iv) The control unit adjusts the pulse width modulated duty ratio to allow the heating unit to reach the desired temperature based on a different between the current and desired temperature[0056] and the control unit exchanges information among components including the temperature detection unit [0052]. (v) The pulse width modulation ratio is compared to a threshold value to determine a desired temperature sent to the heating unit [0056].
With regard to Claim 27, Shan teaches (i) where the control unit outputs multiple control signals, including a pulse width modulation signal to regulate heating [0008] and a second off state command sent to the voltage conversion circuit [0059], relating to the second control signal of the claimed invention. (ii) Shan further determines whether a condition is met based on wherein a duty ration of the pulse width modulation is less than or equal to a first threshold value [0008], relating to the first duty cycle. When the duty cycle satisfies the threshold, the heating unit is power in a bypass mode [0104]. When the duty cycle does not satisfy the threshold, the device is in a non-bypass mode [0098]. The control unit can send an off-state command to the voltage conversion circuit to reenter bypass mode [0059], which meets the claim limitation of wherein the control signal is configured to place the variable boost circuit in the bypass mode or non-bypass mode based on the first duty cycle.
(iii) The control unit uses the pulse width modulated signal to control the heating unit repeatedly [0056]. A temperature detection unit detects a temperature value of the heating unit and feeds it back to the control unit. The control unit adjust the pulse width modulation duty cycle based on the feedback [0056], meeting the claim limitation of a signal applied at the feedback circuit. (ii) The control unit adjusts the duty ratio of the pulse width modulated signal, resulting in an adjusted output voltage, to allow the temperature of the heating unit to reach a desired temperature [0056]. One of ordinary skill in the art would understand that Qiu teaches the pulse width modulation duty cycle under multiple operating conditions [0036 & 0037], which correlates to the first and second duty cycles of the claimed invention.
Claims 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Shan (WO 2020085365 A1, hereinafter citations referring to English Machine Translation) and Qiu (US 20190159523 A1), as applied to claims 1, 3, and 5 above, and further in view of Hidaka (US 20170327949 A1), Litten (US 20180070635 A1), and BYJU’S (“Ohm’s Law”).
With regard to Claim 6, Shan teaches (a) a current that is generated by connecting an external power source to a terminal [0042], which meets the claim limitation of a current source. The current may flow through the load of a heating unit [0055], which meets the claim limitation of where the current source provides a current to the heating element. (b) Shan teaches where the control unit controls the estimation of a temperature of a heating unit based on a detected resistance value of a load of the heating unit [0055], which meets the claim limitation of wherein the controller is further configured to determine, based at least on a resistance of the heating element, the current temperature of the heating element. Modified Shan teaches all the limitations of the claims as set forth above, however Shan is silent to:
The current having a known magnitude
Wherein the resistance is determined by applying the current having the known magnitude from the current source across the heating element
Wherein the resistance is determined by measuring a resultant voltage
In regards to i., Hidaka, directed to a vaporization feeder, teaches small and large currents with predetermined magnitude values [0074], which meets the claim limitation of the current having a known magnitude. A person of ordinary skill in the art would be motivated to apply a predetermined magnitude to the current of Shan to improve the accuracy of temperature detection in the device.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heating element of Shan by including a current source that provides a current having a known magnitude because both Shan and Hidaka are directed to creating an efficient method for heating vaporizable material. Hidaka teaches different current values with predetermined magnitudes to reduce flow rate dependence and detection time of a switch from the liquid phase to the gas phase and this merely involves applying a known predetermined value of magnitude to a similar vaporizing device to yield predictable results.
In regards to ii., Litten, directed to a device for an apparatus to heat smokable material, teaches where the controller monitors a magnitude of an electrical current applied across a heating element working cooperatively with the electrical resistance of a heating element [0147], which meets the claim limitation of wherein the resistance is determined by applying the current having the known magnitude from the current source across the heating element.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of Shan by using it to determine the resistance of the heating element based at least on a magnitude of a current applied across the heating element because both Shan and Litten are directed to devices for heating smokable materials including controllers. Shan teaches a controller that monitors magnitude that works cooperatively with the electrical resistance of a heating element to ensure that the temperature of the heating element remains in a specific temperature range and this merely involves the use of a known measuring technique to improve a similar heating element in the same way.
In regards to iii., BYJU’S teaches Ohm’s law, where resistance is defined as a ratio of voltage to current (Pg. 2, Paragraph 2). A person of ordinary skill in the art would find it obvious that determining a value of resistance implies a direct relationship with current and voltage, via Ohm’s law. Determining a resistance with a value of current implies having a known value of voltage, which can be obtained by measurements or by being a fixed value, which meets the claim limitation of wherein the resistance is determined by measuring a resultant voltage
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of Shan by using it to determine wherein the resistance is determined by measuring a resultant voltage because both Shan and BYJU’S are directed to the relationship between voltage, current, and resistance in electrical systems. BYJU’s teaches where resistance is defined as a ratio of voltage to current to provide the measure of total resistance offered by electrical devices in a system and this merely involves applying a known principle in the art to a known electronic device to yield predictable results.
With regard to Claim 9, Shan teaches where a control unit controls when a first switching element in parallel with a voltage conversion circuit is in an on state, power is supplied to a heating unit by the first switching element without passing through the voltage conversion circuit [0022], which meets the claim limitation of wherein the controller is further configured to disable the variable boost circuit. The first switching element is switched to an off state when the voltage of the power supply is below a first threshold voltage and above a second threshold voltage [0024], indicating that the voltage is measured when going to the heating unit, meeting the claim limitation of where one or more measurements determine the magnitude of the current applied across the heating element and/or the voltage across the heating element.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Shan (WO 2020085365 A1, hereinafter citations referring to English Machine Translation) and Qiu (US 20190159523 A1), as applied to claims 1, 10, 11, 12 above, and further in view of (CN 208490842 U, hereinafter citations referring to English Machine Translation and hereinafter referred to as ‘842).
With regard to Claim 13, modified Shan teaches all of the limitations of the claims as set forth above, however modified Shan is silent to:
Wherein the control signal is passed through a low-pass filter before being applied at the feedback circuit
‘842, directed to an atomization circuit and electron cigarette, teaches where the voltage output from a pulse modulated signal, is connected to a feedback end of a boost chip through a capacitor [0011], which meets the claim limitation of wherein the control signal is applied at the feedback node of the variable boost circuit. A limiting capacitor may be a combination of two or more capacitors connected in parallel that have filtering and energy storage functions [0034], which to someone skilled in the art would be obviously seen as a low-pass filter as capacitors connected in parallel work to bypass high-frequency noise, meeting the claim limitation of wherein the control signal passes through a lowpass filter.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the control signal by passing it through a low-pass filter before being applied at the feedback circuit because both Shan and ‘842 are directed to pulse modulated signals in aerosol generation devices. ‘842 teaches a voltage output from a pulse modulated signal connected to a feedback end of a boost chip and two or more capacitors with filtering functions to meet customer needs and this merely involves applying a known filtering technique to a similar electronic device to yield predictable results.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Shan (WO 2020085365 A1), as applied to claim 1 above, and further in view of Chen (CN 108940704 A, hereinafter citations referring to English Machine Translation).
With regard to Claim 14, modified Shan teaches all of the limitations of the claims as set forth above, however, modified Shan is silent to:
Wherein the variable boost circuit in the non-bypass mode is further configured to deliver power from the power source to the heating element by generating, based on the control signal, a third output voltage greater than the voltage of the power source
Chen, directed to an atomizer liquid shortage protection circuit, teaches a transformer with a first voltage transformation unit that boosts a stable power supply [0017], similar to a non-bypass function due to the increase in voltage, which meets the claim limitation of wherein the variable boost circuit is in the non-bypass mode. The transformer is connected to the input end of a voltage transformation module and a stable power supply is input, which meets the claim limitation of wherein the variable boost circuit is configured to deliver power from the power source [0017]. A second transformer unit in the transformer is connected to an ultrasonic atomizer that uses electronic high frequency to produce mist from liquid [0067], which meets the claim limitation of where power is delivered to a heating element. The second transformer unit, relating to the control unit of the claimed invention, outputs a third voltage, higher than a preset voltage value [0017], which meets the claim limitation of a third output voltage greater than the voltage of the power source.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the non-bypass mode of the variable boost circuit of modified Shan by delivering power from the power source to the heating element by generating, based on the control signal, a third output voltage greater than the voltage of the power source because both Shan and Chen are directed to devices using boosted voltages in aerosol generating devices. Chen teaches a transformer with a first transformer unit to receive power from a power supply and boost a stable power supply and a second transformer unit to output a third voltage to solve the problem of high cost and complex structuring of aerosol generating devices [0007] and this merely involves applying a known third output voltage technique to improve similar devices to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755