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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-9 in the reply filed on 8/24/25 is acknowledged.
Claim Rejections - 35 USC § 102
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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cameron (US 2017/0027229).
Claim 1. Cameron discloses an electronic vapor device comprising a heating element 214 (heater) which can vaporize or nebulize vaporizable material (aerosol generating substrate), producing an inhalable vapor/mist that can be expelled via the exhaust port 212 ([0097]; Figure 2). A sensor (puff sensor) may be configured to sense at least one of a length, a duration, a volume and a pressure draw of a puff (amount of a user’s puff). In a related aspect, the sensor is configured to provide puff data (puff sensing value) relative to the puff to the processor, and the processor is configured to count a number of puffs and to utilize the puff data to determine a number of puffs remaining in the eVapor device ([0048]). The eVapor device may further comprise a gate configured to limit a total vapor amount which may be drawn by a single inhaling action; wherein the processor automatically calculates a puff usage (vaporization amount) as an exact amount based on known maximum draw from the eVapor device ([0051]). The session limit can be based on one or more of a number of puffs, a time limit, and a total quantity of vaporizable material. The data can comprise usage data and/or a usage profile ([0057]). An example of a control algorithm 1700 (controller) is illustrated by FIG. 17, for execution by a processor of an electronic vaporizing device as described herein. The algorithm 1700 may be triggered by activation of the device at 1702. For example, when a user takes a puff, the processor may activate the device. At 1704, the processor may receive input, such as an input signal comprising puff data/sensor data ([0195]). At 1708, external data, 1706 is received by the processor comprising puff data or other usage data. The external data may also comprise other data useful for determining how much usage remains for the device ([0196]). At 1710, the processor may make a determination of how much usage remains in the device ([0197]). At 1714, the processor determines whether to limit the usage. This decision can be made based on the puff data or calculated remaining usage or rate of usage (determined vaporization amount). For example, the device 1400 can determine that the user is taking too strong of puffs and using the vaporizable material at too great a rate. At 1716, in response to a determination to limit the usage, the processor can command a gate to cause the device to limit the puff, limit the vaporization, or both (controlling heating time) ([0199]).
Claim 2. Cameron discloses that the assembly 1502 may optionally include a sensor 1516, or multiple sensors 1516, 1518, to provide measurement feedback to the processor. The processor may derive the data used for controlling vaporization rate at least in part by interpreting a signal from the sensor correlated (filtering temperature data) to a quantity of vapor emitted by the vaporizer or an amount of the vaporizable material remaining in the container. Sensors 1516, 1518 may include, for example, optical sensors, temperature sensors, motion sensors, flow speed sensors, microphones or other sensing devices ([0184]). The sensors can directly measure the amount of vaporizable material remaining to be used, or can provide data from which such information can be derived ([0185]). The heating element 214 can comprise a nickel-chromium wire or the like, with a temperature sensor such as a thermistor or thermocouple (which measures the temperature of the heater) ([0097]).
Claim 3. Cameron discloses that data can be shared over a transient data session with an ancillary device. The transient data session (puff occurrence section) can comprise a session limit. The session limit can be based on one or more of a number of puffs, a time limit, and a total quantity of vaporizable material (wherein the total quantity of vaporizable material is determined from the temperature sensor which determines when the temperature of the heater is above a threshold value). The data can comprise usage data and/or a usage profile ([0057]).
Claims 1-3 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lim et al. (CN110545682A) (claims are mapped to the English translation provided).
Claim 1. Lim et al. discloses an aerosol-generating device comprising a battery for supplying power, a heater for heating an aerosol-generating substance, a sensor, at least one output section, and a control section ([12]). The sensor may further include a temperature sensor (puff sensor) for measuring a temperature of the heater, and the control unit may use the temperature sensor to measure a temperature change of the heater, thereby enabling detection of a user's suction ([13]). The control unit may predict the number of remaining puffs (vaporization amount) based on the measured suction intensity (puff sensing value) and the estimated remaining battery amount, and output the predicted number of remaining puffs ([22]). The control unit 120 of the holder 1 or the control unit 220 of the cradle 2 can check the temperature of the heater 2130 in real time to adjust the amount of power supplied to the heater 2130 and the time for supplying power to the heater 2130 ([217]). Control units 120 and 220 adjust the amount of power supplied to the heater 2130 or interrupt the power supply to the heater 2130 (control heating time) by confirming the temperature of the heater 2130 (puff sensing value) that changes as the user sucks ([218]).
Claim 2. Lim et al. discloses that the holder may predict the number of remaining puffs. The holder can predict the remaining number of inhalables based on the aerosol product mass, the battery volume, the standard inhalation intensity, and the number of inhalations by the user ([111]). The remaining number of puffs can be changed according to the user's puff intensity (puff sensing value) and puff interval ([112]). The holder can also detect the intensity of suction (puff sensing value) according to the degree of change in flow rate and temperature (filtering the temperature value) ([131]).
Claim 3. Lim et al. discloses that as the user activates the input device, the holder 1 can perform a function of preheating the heater 2130 (wherein ambient temperature is considered a “reference threshold value” and the preheating temperature is above ambient temperature and thus designated a “puff occurrence section”) ([169]).
Claim 9. Lim et al. discloses that the control unit 120 can predict the number of remaining puffs, and can recognize the user's puff (count number of puffs), and can output the number of puffs that is deducted from the remaining puffs (subtract number of puffs from preset number of puffs) ([76]). when the number of remaining puffs is less than a critical value, it can be determined whether the number of puffs remaining is zero. For example, when determining that the number of remaining puffables is 4 or less, the holder can confirm whether the number of remaining puffables is 0 or not ([118]). The output mode can be stopped (control heating time of heater) when the remaining number of times that the holder can be sucked is zero ([120]).
Allowable Subject Matter
Claims 4-8 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: The closest prior art is Lim et al. (CN110545682A). Lim et al. teaches the aerosol generating apparatus of claim 3 but does not explicitly disclose calculating a difference value by subtracting the reference threshold value from a maximum value of the puff sensing value in the puff occurrence section; and determining the vaporization amount of the aerosol generating substrate based on the difference value. Conversely, Lim et al. teaches that when the user first inhales the first suction 701 of the aerosol, the temperature of the heater decreases. After that, the holder supplies power to the heater and raises the temperature of the heater to a predetermined temperature again. At the time of the second suction 702 and the third suction 703, as in the first suction 701, the heater temperature decreases. The holder can detect the occurrence of suction by measuring the temperature of the heater. If the temperature of the heater decreases, it indicates that the suction has occurred. In addition, since the temperature of the heater decreases during suction, the holder can supply power to the heater in order to raise the temperature of the heater to a predetermined temperature again ([126]-[127]; Figure 7). Thus, the “difference value” of Lim et al. would not be obtained by subtracting the reference threshold value from a maximum value of the puff sensing value since the temperature during a puff drops and is not the maximum temperature during the puff occurrence section.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael 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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/KATHERINE A WILL/Primary Examiner, Art Unit 1747