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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/06/2025 has been entered.
Applicant’s amendment to claim 1, cancellation of claim 2, new claims 13-15, and remarks therewith filed 11/06/2025 (“Amendment”) have been entered. The claim rejections under 35 USC 103 are withdrawn as discussed in the Examiner Interview Summary Record mailed 11/04/2025. However, a new objection to the specification, a new claim objection, and new claim rejections under 35 USC 103 are set forth below. Claims 1 and 5-15 are pending and examined herein.
Response to Arguments
Applicant’s arguments with respect to the claim rejections under 35 USC 103 (Amendment p. 5-7) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, Qiu is no longer cited to teach the claim element “wherein the first circuit and the second circuit are electrically isolated from each other”; Xiao is newly cited for this claim element.
Specification
The disclosure is objected to because of the following informalities:
The specification at p. 13 l. 1-2 appears to contain a typo, reciting “Current may flow through the first resistor 46 and the second resistor 47 due to the secondsee claim 13).
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because it recites “a second circuit electrically isolated from the first circuit” and “wherein the first circuit and the second circuit are electrically isolated from each other”, which are two redundant phrases setting forth identical claim scope. The Examiner recommends deleting one of the quoted portions for conciseness.
Appropriate correction is required.
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, 5-9, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong (US 2020/0154766 A1, previously cited) in view of Qiu (JP 2018-505696, US 2017/0280779 A1, previously cited) and Xiao (US 2025/0268309 A1).
Regarding claim 1, Jeong is directed to a heater assembly for a cigarette-shaped electronic cigarette (Title):
The electronic cigarette 200 has a smoky vapor generation part 120 (“a cartridge” as claimed) including a storage space 122a (“chamber”) for storing liquid and an absorption member 123 (“wick”) supplying the liquid to a second heater 121 (“heater”) ([0042-44, 0087], Figs. 3 and 10-11, Fig. 3 reproduced below).
The smoky vapor generation part 120 may be detachably coupled to a supporting part 130 within a case 210 (“case”) ([0095, 0138], Figs. 2, 11). The supporting part 130 includes a smoking vapor generation part 110 (“insertion space”) with a hollow cylindrical shape to receive and heat a cigarette 10 inserted therein ([0045-46], Fig. 3).
The second heater 121 is powered and controlled via conductive components 124a, 124d, 126, and 150, a control part, and a power supply part 220 (which reads on “a first circuit including the heater”) [0088, 0106-0107, 0116, 0136].
Jeong discloses controlling the heating at a temperature of 300 °C or less, preferably 100 °C or less [0089], but Jeong fails to disclose “a second circuit electrically isolated from the first circuit configured to sense a temperature of the heater, wherein the first circuit and the second circuit are electrically isolated from each other, and wherein the second circuit includes: a first resistor disposed to be in contact with or adjacent to the heater to receive heat from the heater, wherein a resistance value of the first resistor is variable based on changes in temperature thereof, a second resistor connected to the first resistor; and a sensor configured to acquire a value of current applied to the second resistor.”
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Qiu is directed to an electronic cigarette temperature control system (Title):
The system includes a temperature detection element 13 (“first resistor”) which can be a thermistor and is adjacent to a heating element 12 [0129]. The element 13 is coupled with a fixed resistor R5 (“second resistor”) and a detecting unit 141 (“sensor”) which use the voltage drop and current across the fixed resistor R5 to calculate the temperature of the heating element 12 (these components together forming a “second circuit…configured to sense a temperature of the heater”) ([0133-0134], Fig. 2, reproduced below). Qiu discloses that the temperature control system allows for controlling the temperature of the heating element within a range [0008, 0099].
One of ordinary skill in the art would recognize that Qiu’s temperature detection element 13, fixed resistor R5, and detecting unit 141 could similarly be used to detect (and thus help control) the temperature of Jeong’s heater 121. However, Qiu fails to disclose isolating such a circuit of components from a heating circuit and thus fails to disclose a second circuit “electrically isolated from the first circuit” and “wherein the first circuit and the second circuit are electrically isolated from each other” as claimed.
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Xiao is directed to an aerosol provision system (Title). The system includes a first power supply 16 for powering a vaporizer 40, and optionally a second power supply 17 for powering a sensor system 500 [0147]. The first and second power supplies 16, 17 may be independent of one another (which reads on “wherein the first circuit and the second circuit are electrically isolated from each other”), because the sensor system 500 requires less power than the vaporizer 40 [0148]. One of ordinary skill in the art would recognize that providing a separate second power supply 17 is advantageous because it allows each power supply 16, 17 to be selected with appropriate size and voltage tailored to the vaporizer 40 and sensor system 500, as well as allowing for different current types and independent operation (see [0148, 0162]). One of ordinary skill in the art would further recognize that Jeong could similarly be provided with a second power supply 17 for sensing components including Qiu’s components, separated from Jeong’s first power supply part 220 powering the heater 121.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Jeong by including Qiu’s temperature detection element 13 adjacent to Jeong’s second heater 121, as well as Qiu’s fixed resistor R5 and detecting unit 141 in Jeong’s case 210, and providing Xiao’s second power supply 17 in electrical communication with Qiu’s temperature detection element 13, fixed resistor R5, and detecting unit 141, and electrically separated from Jeong’s power supply part 220 powering the heater 121, because Jeong, Qiu, and Xiao are directed to electronic aerosolization devices, Qiu teaches that its components allow for controlling the temperature of a heating element, Xiao teaches the separated second power supply 17 for the sensor system 500 which a PHOSITA would recognize as advantageous, and this would involve combining prior art elements according to known methods to yield predictable results. See MPEP 2143(I); see also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 5, Jeong discloses the heater 121 and absorption member 123 as set forth above. The heater 121 is wound around the absorption member 123 in a length direction thereof [0091]. As shown in Fig. 3, the ends of the second heater 121 extend downward, perpendicular to the length direction of the absorption member 123. Additionally, modified Jeong discloses the temperature detection element 13 adjacent to the heater 121 as set forth above. Modified Jeong fails to disclose “the first resistor is disposed between the two opposite ends of the heater” as claimed. However, positioning the temperature detection element 13 between the ends of Jeong’s heater 121 is a mere rearrangement of parts within the purview of the skilled artisan, which is particularly obvious in view of Qiu’s teaching to locate the temperature detection element 13 adjacent to its heating element 12 (Qiu [0129]). MPEP 2144.04(VI)(C); In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Jeong by positioning the temperature detection element 13 adjacent to the heater 121 and between the ends thereof, for the same as reasons as discussed above regarding claim 1, and further because this is a simple rearrangement of parts.
Regarding claims 6-7 and 9, Qiu discloses that the heating element 12 may or may not have temperature coefficient of resistance (TCR) characteristics [0102]. One of ordinary skill in the art would understand that when the heating element 12 does not have TCR characteristics, its TCR is effectively 0 ppm/°C (which reads on claims 6 and 7). Qiu discloses that the temperature detection element 13 may be a positive temperature coefficient (PTC) thermistor whose resistance increases with temperature [0132] (which reads on claims 6 and 9).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Jeong by selecting a heater 121 which does not have TCR characteristics as taught by Qiu, for the same reasons as discussed above regarding claim 1, and because this would be obvious to try from Qiu’s disclosure of a heating element which either does or does not have TCR characteristics.
Regarding claim 8, Qiu discloses the PTC thermistor 13 as set forth immediately above. Qiu fails to explicitly disclose a coefficient value in ppm/°C and thus fails to disclose “3850 ppm/°C or greater” as claimed. However, Qiu discloses that the coefficient is a positive number, that the resistance therefore increases with temperature, and the resistance value RT is used to calculate the temperature of the heating element 12 [0132-134]. Thus, one of ordinary skill in the art would recognize that the temperature coefficient of the thermistor 13 is a result-effective variable with regard to calculating the temperature of the heating element 12, and accordingly would optimize the value and arrive at the claimed range. Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. MPEP 2144.05(II); in re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Jeong by including the PTC thermistor 13 with coefficient greater than or equal to 3850 ppm/°C as claimed, for the same as reasons as set forth above in the discussion of claim 1, and because this would be routine optimization of Qiu’s disclosure.
Regarding claim 13, as set forth above in the discussion of claim 1, Jeong discloses the power supply part 220 powering the heater 121, which reads on the “first power supply” as claimed. As further set forth above, modified Jeong includes Xiao’s second power supply 17 electrically coupled to Qiu’s temperature detection element 13, fixed resistor R5, and detecting unit 141, which reads on the “second power supply” as claimed.
Regarding claims 14-15, modified Jeong fails to explicitly disclose “wherein the first resistor is disposed inside the cartridge, and the second resistor and the sensor are disposed inside the case” per claim 14, and “wherein the first resistor is separated from the second resistor when the cartridge is separated from the case, and the first resistor and the second resistor are connected to each other when the cartridge is coupled to the case” per claim 15.
Jeong discloses a main control unit mounted on a main substrate 231 within the case 210 ([0136-0137], Fig. 12). When the smoky vapor generation part 120 (“cartridge”) is coupled to the case 210, the heater 121 and the main control unit are electrically connected [0116, 0119].
In modified Jeong, Qiu’s temperature detection element 13 is located adjacent Jeong’s heater 121, which is in the smoky vapor generation part 120 (which reads on “wherein the first resistor is disposed inside the cartridge” per claim 14), as set forth above in the discussion of claim 1. One of ordinary skill in the art would recognize that Qiu’s resistor R5 and detecting unit 141 are control components which could similarly be mounted with Jeong’s main control unit on the main substrate 231 within the case 210 (which reads on “the second resistor and the sensor are disposed inside the case” per claim 14). Thus, in modified Jeong, the temperature detection element 13 and resistor R5 would be electrically connected when the case 210 and smoky vapor generation part 120 are coupled, and would be disconnected when such components are decoupled (which reads on claim 15).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to further modify Jeong by mounting Qiu’s resistor R5 and detecting unit 141 on Jeong’s main substrate 231, for the same reasons as set forth above in the discussion of claim 1, and because this is a mere rearrangement of parts which is particularly obvious in view of Jeong’s and Qiu’s disclosures. See MPEP 2144.04(VI)(C); see also In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Jeong (US 2020/0154766 A1) in view of Qiu (JP 2018-505696) and Xiao (US 2025/0268309 A1) as applied to claim 1, further in view of Marubashi (JP 6785391 B1, US 2021/0307406 A1, previously cited).
Regarding claim 10, Jeong discloses the main control unit mounted on the main substrate 231 as set forth above, and modified Jeong discloses the second circuit as set forth above. Jeong fails to disclose “a second switch configured to open or close the second circuit” and the controller being “configured to control operation of the second switch”.
Qiu discloses a switch operated by a user to select a temperature control mode, and a processor 54 which determines whether the switch is on [0189]. However, the processor 54 is not “configured to control operation of the second switch” as claimed.
Marubashi is directed to an aerosol inhaler capable of detecting the temperature of a load used to generate aerosol with high accuracy [0005]. The inhaler includes a switch 62 which is turned on by a micro controller unit 50, allowing current to flow through circuits C1 and C2 to operate a temperature detector 52 ([0089, 0104], Fig. 6). A skilled artisan would recognize that the switch 62 gives the micro controller unit 50 the ability to control when the temperature detector 52 is active [0089].
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Jeong to include Marubashi’s switch 62 electrically coupled with modified Jeong’s main control unit, temperature detection element 13, fixed resistor R5, and detecting unit 141, because Jeong, Qiu, Xiao, and Marubashi are all directed to aerosol inhalation devices, Qiu and Marubashi are directed to devices capable of detecting the operating temperature of the device heater, Marubashi’s switch 62 enables the main control unit to control activation of the temperature detection element 13, and this involves use of a known technique to improve a similar device in the same way. See MPEP 2143(I); see also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 11, Marubashi discloses a processor 55 of the micro controller unit 50, which sends an on command to the switch 62 to detect heater temperature after elapse of a predetermined time from start of heating [0146]. This operation allows the heater temperature to be detected frequently [0147].
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Jeong so that the main control unit sends an on command to the switch 62 to detect heater temperature after elapse of a predetermined time from start of heating, for the same reasons as discussed above with regard to claim 10, because this allows the heater temperature to be detected frequently as taught by Marubashi, and because this involves use of a known technique to improve a similar device in the same way. See MPEP 2143(I); see also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 12, Qiu discloses calculation and control of the heating element 12 temperature as set forth above in the discussion of claim 1 [0008, 0099, 0133-0134].
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Jeong so that the main control unit controls a temperature of the heater 121 based on readings from the detecting unit 141 as taught by Qiu, for the same reasons as set forth above in the discussion of claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PATRICK MULLEN whose telephone number is (571)272-2373. The examiner can normally be reached M-F 10-7 ET.
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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 PATRICK MULLEN/Examiner, Art Unit 1747
/KATHERINE A WILL/Primary Examiner, Art Unit 1747