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 .
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 Interpretation
“Output control module” is a term of art and is not interpreted under 112(f). A search of electronic/control components for sale reveals several “output control modules” for sale under that name.
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: storage module claims 1-3 and 9-10.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Achtien (US 2020/0352249) in view of Thorens (EP 2399636).
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Regarding claim 1, Achtien (US 2020/0352249) discloses:
A steam supply system, comprising a vaporization device (cartridge 114 in Fig 1A including the circuit of Fig 4; ¶88, “Fig. 4… may be used with (and/or in) a vaporizer cartridge,”) and a power supply device in wired communication, wherein the vaporization device comprises a vaporizer (see resistive heating coil 411, ¶88) and a first connection circuit (see Fig 4), and the first connection circuit comprises:
a data line port,
a storage module (readable memory EEPROM 405, see Fig 4, ¶88) connected to the data line port and
a bridge circuit (413, ¶89, ¶90) connected between the storage module (405) and the two current input ports (401, 403);
and the power supply device (vaporizer body 101 in Fig 1A) comprises a battery cell (power source 103, ¶56) and a second connection circuit, and the second connection circuit comprises:
[a] data transmission port[s] for corresponding connection to the data line port … (113, see Fig 1A, ¶76);
a positive electrode output port and a negative electrode output port (111 and 109 in Fig 1A) for corresponding connection to the two current input ports; and
a controller (105, see Fig 6A “microcontroller”) separately connected to the two data transmission ports (“device temperature, pressure sensor” or “read from cartridge memory” in Fig 6A) and two ends of the battery cell, wherein the controller is configured to control an output voltage of the battery cell (Fig 6B, ¶95) to provide a directional current (¶89) to the storage module through the bridge circuit when the vaporization device is engaged with the power supply device.
Achtien does not explicitly disclose:
a clock line port
[the storage module connected to] the clock line port
[a] data transmission port for corresponding connection to the clock line port
Achtien discloses the “controller circuitry may include one or more clocks (oscillators)” (¶57). Achtien also discloses “one-way or two-way communication is provided between the vaporizer body 101 and the cartridge 114 through one or more electrical contacts” (¶61, ¶76).
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Thorens teaches an electronic smoking system having a consumable cartridge 1401 (see Fig 14) with a memory (such as an EPROM, ¶180), which communicates with a base portion having a controller 309. The memory in the consumable cartridge communicates with a clock line SCL to synchronise data over the transfer line (¶178).
COMBINATION
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Achtien by including a SCL line and SCL port to transmit clock data between the controller in the body and the memory in the cartridge, as taught by Thorens, to obtain the benefit of synchronizing data over the transfer line.
Regarding claim 10, Achtien teaches:
A vaporization device (cartridge 114 in Fig 1A including the circuit of Fig 4; ¶88, “Fig. 4… may be used with (and/or in) a vaporizer cartridge,” see resistive heating coil 411, ¶88) used in cooperation with a power supply device, comprising:
a vaporizer (see resistive heating coil 411, ¶88 or heater 118 in Fig 1); and
a first connection circuit (see Fig 4), comprising:
a data line port (123, see Fig 1A, ¶76),
a storage module (readable memory EEPROM 405, see Fig 4, ¶88) connected to the data line port (¶61) and the clock line port; and
a bridge circuit (413, ¶89, ¶90) connected between the storage module (405) and the two current input ports (401, 403), wherein the two current input ports are configured to receive an input current and convert the input current through the bridge circuit to provide a directional current (¶89) to the storage module when the vaporization device is engaged with the power supply device.
Achtien does not disclose:
a clock line port
[the storage module connected to] the clock line port
For the reasons described above with reference to claim 1, Thorens teaches the missing limitations concerning the clock line port.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Achtien (US 2020/0352249) in view of Thorens (EP 2399636) and further in view of Qiu (US 20150173124).
Regarding claim 3, Achtien as modified by the clock line of Thorens does not teach:
the second connection circuit further comprises: an output control module connected between the battery cell (103) and the positive electrode output port (111 or 113) and the negative electrode output port (111 or 113); and
the controller is further connected to the output control module to control the output control module to adjust the output voltage of the battery cell.
According to ¶95-¶96, the function of controlling the output voltage is done by the microcontroller, which sends a pulse width modulation signal to Q1 (¶95). In standard notation for circuits, Q designates a transistor. Q1 may or not be a transistor.
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Qiu teaches an electronic smoking device having an output voltage adjustment module (110, see Fig 1 with a detail of the module shown in Fig 11) between the control module and the heating element (¶71).
COMBINATION
It is obvious to substitute one known element for another to obtain predictable results. See MPEP 2143(B). The MPEP states the prior art must: (1) teach a device (method) which differs from the claimed device (method) by the substitution of some component or step with another component (step), (2) teach that the substituted components and their functions were known, and (3) show that one of ordinary skill could have substituted one known element for another to yield predictable results. See MPEP 2143(B).
In this case, Achtien (as modified by Thorens) teaches a system that differs from the claimed system because the voltage is adjusted by a transistor rather than an output control module. The transistor, or element Q1 of Achtien and the output voltage adjustment module of Qiu both perform the function of taking in pulse width modulation signals to send an appropriate voltage to a heater of an electronic smoking device. One of ordinary skill could have replaced the transistor, or element Q1 of Achtien with the output voltage adjustment module of Qiu to achieve predictable results because both references deal with circuitry elements that function in the same manner in the environment of an electronic smoking device.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Achtien (and Thorens) by replacing the transistor, or element Q1 with an output voltage adjustment module as taught by Qiu because the substitution of one known element for another yields predictable results to one of ordinary skill in the art.
Allowable Subject Matter
Claims 2, 4-9, and 11-20 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 2, Achtien does not disclose:
when the vaporization device is engaged with the power supply device, the controller obtains a voltage of the first connection circuit through the two data transmission ports, and sets the two data transmission ports according to the voltage, to match the data line port and the clock line port in the first connection circuit.
For the embodiment with reversible attachment, Achtien gives detail on transmitting data through the power contacts (¶90, ¶101), and thus would not lend itself to the limitations of claim 2, which provide for reversibility of the data and clock lines.
Regarding claims 4 and 16, Achtien discloses:
the storage module (see fig 4, 405) comprises a storage chip that comprises a ground pin (gnd), a power supply pin (pwr), a data line pin (I/O 407) connected to the data line port
Achtien does not disclose:
a clock line pin connected to the clock line port; and
the bridge circuit comprises:
a first diode, an anode of which is connected to one of the current input ports, and a cathode of which is connected to the power supply pin (Achtien Fig 4 shows the output of the bridge connected to the power pin of the storage);
a second diode, an anode of which is connected to the ground pin, and a cathode of which is connected to the other current input port;
a third diode, an anode of which is connected to the other current input port, and a cathode of which is connected to the power supply pin; and
a fourth diode, an anode of which is connected to the ground pin, and a cathode of which is connected to the one of the current input ports, wherein:
a conduction voltage drop of the fourth diode is greater than conduction voltage drops of the first diode, the second diode, and the third diode.
Achtien discloses a bridge with MOSFET transistors rather than diodes. Wu (CN 210780127) teaches a bridge circuit with diodes1 to provide charging, even when reversely connected.
Wu teaches:
the bridge circuit comprises:
a first diode (D1), an anode of which is connected to one of the current input ports, and a cathode of which is connected to the power supply pin;
a second diode (D3), an anode of which is connected to the ground pin (Achtien Fig 4 shows the opposite side of the bridge connect to the ground pin), and a cathode of which is connected to the other current input port;
a third diode (D2), an anode of which is connected to the other current input port, and a cathode of which is connected to the power supply pin; and
a fourth diode (D4), an anode of which is connected to the ground pin, and a cathode of which is connected to the one of the current input ports, wherein:
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Monsees also teaches a MOSFET (transistor) H-bridge for making charging pins reversible. Monsees further teaches “Alternatively, a diode bridge could be used” (¶275).
The references do not teach “a conduction voltage drop of the fourth diode is greater than conduction voltage drops of the first diode, the second diode, and the third diode.”
Claims 5-8 depend from claim 4. Claims 17-20 depend from claim 16.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Anderson (US 2020/0000143) discloses a vaporizer wherein the “CH_A pin and the CH_B pin may provide input to a bridge rectifier for reversible charging of the vaporizer device” (¶453). US 20200000146 is similar and discloses an electronic smoking device wherein “the at least two cartridge contacts and the at least two receptacle contacts can be configured to electrically connect in either of at least two orientations” (¶200).
Peng (CN 208432885) discloses, in a tool for Portland cement, a circuit to prevent damage when connected inversely, with a diode bridge.
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Li (CN 103230099) discloses an electronic smoking device with “electrode conversion module comprises 4 transistors Q1, Q2, Q3 and Q4, 4 of transistors connected to form a " H " type bridge circuit” (¶38).
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CN 210445690 U is listed in some foreign search reports as a Y reference for claims 1-10. This reference discloses an electronic smoking device with physical structures on the case to prevent assembling the units backward, i.e., with reverse polarity. CN 210780127, the proposed secondary reference in these reports, relates to a reversible charger with a diode bridge, but does not have any teaching relating to the clock and data transmission structures.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TOPAZ L ELLIOTT whose telephone number is (571)270-5851. The examiner can normally be reached Monday-Friday 7 a.m. - 4 p.m. EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached on (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOPAZ L. ELLIOTT/Primary Examiner, Art Unit 3761
1 Such a diode bridge is conventionally used to convert alternating current, which reverses direction with each cycle, to current in a single direction, though smoothing to resemble true DC current requires additional components, such as a capacitor.