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
This application contains claims directed to the following patentably distinct species:
Species I: Figures 1-13 disclose a device for dispensing volatile compounds wherein the control powers one of the two heating elements before powering the second heating element.
Species II: Figures 14-16 discloses a device for dispensing volatile compounds wherein the control provides battery power to the heating element or elements based on a desired heating temperature for the volatile material on the scented pad.
The species are independent or distinct because the controller powers one of the heating elements in Species I before sensing a temperature. Meanwhile, Species II provides battery power based on a desired heating temperature. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, at least claim 1 appears to be generic.
There is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply: A different field of search would need to be conducted. Species I would require a search in heating elements along with a unique text search. Species II would require a search in temperature sensors and heating elements along with a unique text search.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
During a telephone conversation with Christopher Brody on February 11, 2026 a provisional election was made without traverse to prosecute the invention of Species I. Affirmation of this election must be made by applicant in replying to this Office action. Claim 19 is withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "14" and "23" have both been used to designate PCB heating element. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “103” has been used to designate both the slot and the heating element and reference character “16” has been used to designate both the housing and the heating element. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because “11” in Fig. 10 should be “111”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to because it is unclear what the temperature sensors are in Figure 1 since reference number “5” fails to point to any structure. Additionally, no black shading (the 4 black squares in Figure 1) is allowed in drawings as per 37 CFR 1.84(m). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
On page 5, “a preferred on is where” should read “a preferred one is where”.
Appropriate correction is required.
Claim Objections
Claim 17 is objected to because of the following informalities: “b) a battery;” should be “b) a battery; and”. Appropriate correction is required.
Claim Interpretation
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.
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: “first and second heaters” in claims 1, 16-17, and 20. Support for the heaters can be found on page 9 of the specification, which states, “A PCB-based heater”.
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 § 112
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18, and 20-22 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the claim recites the limitation "at least one heater” in b) then later states “the first and second heaters” in the 3rd to last line of the claim and then back to “the at least one heater” in the 2nd to last line of the claim. Therefore, the phrase “the first and second heaters” referenced above lacks antecedent basis. Additionally, “the substrate” in the first line of embodiment b) also lacks antecedent basis as “a substrate” is only mentioned in embodiment a) which does not include b). Therefore, the one in b) lacks antecedent basis.
Regarding claim 8, the phrase “minimize water entry” is subjective in nature and applicant has not provided a standard for ascertaining what structural requirement are needed to “minimize water entry”. Therefore, the scope of the claim is unclear. For the purpose of applying prior art examiner will treat any teaching of holes for any purpose as being capable of minimizing water entry.
Regarding claim 9, it is unclear what is trying to be claimed. The device would not be able to reach a second temperature if the first temperature exceeds the maximum output wattage. None of the temperature can exceed what can be delivered by the battery, therefore, any temperature could be considered not to exceed maximum output wattage. Further, embodiment b) only has “at least one heater” and therefore “the at least first and second heaters” lacks antecedent basis for option b).
Regarding claim 13, it is unclear how the temperature sensor alone could indicate a windy condition and how it would differentiate this scenario from a low ambient temperature. For purposes of examination, the limitation will be read as “the controller is configured to lower power to the at least two heating elements when a lower temperature is detected”.
Regarding claims 13 and 14, claim 1 uses the phrase “at least a first heater and a second heater”, claims 13 and 14 use the phrase “at least two heating elements”. The term “elements” is not used in claim 1, therefore, the phrase lacks antecedent basis.
Regarding claim 18, “at least one opening” lacks antecedent basis since it is only discussed in embodiment b) and it is unclear what embodiment the claim is referring to.
Though withdrawn, applicant should note that with respect to claim 19, it is unclear whether “at least two heaters” includes or does not include the “at least one heater” from claim 1, i.e. are three or two heaters needed as the minimum. If claim 1 was found allowable and claim 19 was rejoined, this would be the issue.
Regarding claim 22, it is unclear how the battery would be powered down since a battery is incapable of powering down. Additionally, the phrase “when having an auto shut off feature” makes it unclear if the subject matter of claim 22 is required since “when having” makes it seem as if the controller can also not have the algorithm. For purposes of examination the claim will be read as “The heating device of claim 1, wherein the controller periodically causes power to the device to be on to prevent the device’s auto shut off feature from powering down.”
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim does fall within at least one of the four categories of patent eligible subject matter because claim 15 does not purport to claim a process, machine, manufacture, or composition and fails to provide steps for the claimed method. Claim 15 is a use claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Collett et al (US Publication No 20140060554), hereinafter Collett.
Regarding claim 16, Collett teaches a heating device (Title) comprising at least at least first and second heaters (Fig. 4; microheaters 50) mounted on a substrate (600) in communication with each other (Pg. 3 par. 23); one temperature sensor (Pg. 13, par. 93), a controller providing battery power to each of the two heating elements (Pg. 3, par. 18), microheaters can be adapted to heat in a defined order (e.g., sequentially) or pattern (e.g., two or more microheaters separately heated out of sequence or two or more microheaters simultaneously heated) (Pg. 2, par. 13). Since the heaters in the reference can be turned on sequentially this means that inherently a first heater will be at a first temperature when a second heater is turned on in a sequential manner which therefore teaches, wherein the controller is configured to power the first heater based on a first temperature, then to power the second heater after the first heating element raises the temperature of both heating elements to a second temperature. This interpretation can be taken because claim 16 does not connect a temperature read by the temperature sensor as causing the second heater to turn on, just “a temperature”.
Regarding claim 17, Collett as applied to claim 16 teaches a) a housing (Fig. 2, 10) to house the at least first and second heaters (Fig. 4, 50), the at least one temperature sensor (Pg. 13, par. 93), and the controller (Fig. 2, 20), b) a battery (Pg. 6, par. 53); and a printed circuit board (Fig. 4) as the at least first and second heaters (50).
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.
All foreign reference citations are citing the English translations provided.
Claims 1-3, 9-10, 12, 15, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Collett, in view of Gallagher et al (US Publication No. 20210244095), hereinafter Gallagher, and Reta et al (US Publication No. 20190069346), hereinafter Reta.
Regarding claim 1, Collett teaches an electronic smoking article comprising one or more microheaters (Title) with a heater arrangement comprising at least first and second heaters (Fig. 4; microheaters 50) mounted on a substrate (600) contained in the housing (10) and in communication with the chamber to heat an aerosol precursor composition (Pg 3, par. 23); at least one temperature sensor (Pg. 13, par. 93); and a controller (Fig. 2, 20) contained in the housing (10); the controller providing battery power to each of the at least two heaters (Pg. 3, par. 18), microheaters can be adapted to heat in a defined order (e.g., sequentially) or pattern (e.g., two or more microheaters separately heated out of sequence or two or more microheaters simultaneously heated) (Pg. 2, par. 13). Since the heaters in the reference can be turned on sequentially this means that inherently a first heater will be at a first temperature when a second heater is turned on in a sequential manner which therefore teaches, wherein the controller is configured to power the first heater based on a first temperature and then to power the second heater after the first temperature reaches a second temperature (Pg. 2, par. 13); the housing having at least one opening to allow volatized materials to escape from the housing, (Pg. 3, par. 15); the battery connected to either the first and second heaters via the controller for supply of power to the first and second heaters (Pg. 13, par. 93); wherein the housing has an access opening to allow removal and replacement of the battery (Pg. 6, par. 53; claim 10); wherein the housing is sized to be handheld. (Pg. 4, par. 35; claim 12).
However, Collett fails to teach a heating device for volatizing materials contained in an impregnated pad; the housing including a chamber to receive an impregnated pad for heating; and each of the first and second heaters further comprising a printed circuit trace on the substrate.
Gallagher teaches an e-vapor device (Title) for volatizing materials contained in an impregnated pad (Fig. 16, 338; pg. 11, par. 136), comprising: a housing (354) including a chamber (Fig. 15) to receive an impregnated pad (338) for heating. As such, it would have been obvious of one of ordinary skill in the art to have modified the device of Collett to substitute the aerosol precursor composition an impregnated pad and have a housing including a chamber to receive an impregnated pad for heating to yield the predictable result of dispensing a volatile compound.
The combination of Collett and Gallagher still fails to teach each of the first and second heaters further comprise a printed circuit trace on the substrate.
Reta teaches a similar system utilized to provide a heater in wearables wherein the heaters are constructed as printed circuit trace on a substrate (Pg. 3, par. 42). Reta further discloses, even though generally in a wearable only one side of a heater will face the body of a user that it is known to place the heaters on one or both sides of the substrate.
Based on the teachings of Reta, it would have been obvious to one or ordinary skill in the art to both 1) try heaters constructed of printed circuit trace on a substrate and 2) print the heaters on one or both sides of the substrate in an attempt to improve the heating ability of the heater arrangement as a person of ordinary skill has good reason to pursue the known options within his or her technical grasp.
Regarding claim 2, the modified device of Collet as applied to claim 1 teaches one printed circuit trace is on one side of the substrate and the other printed circuit trace is on the other side of the substrate (see obvious statement for claim 1 above).
Regarding claim 3, Figure 4 of Collett already teaches the heaters (50) are found on one side of the device. Further, Reta, as indicated above still indicates this is a known option when utilizing printed circuit trace on a substrate (see obvious statement for claim 1 above).
Regarding claim 9, the subject matter of claim 9 is considered inherent in the modified device of Collett since any combined load of the heaters would inherently be limited and could not exceed what the battery’s maximum output wattage was since there is no additional power source attached to the device.
Regarding claim 10, the modified device of Collett as applied to claim 1 teaches a heating device wherein the housing has an access opening to allow removal and replacement of the battery (Pg. 6, par. 53; Collett).
Regarding claim 12, the modified device of Collett as applied to claim 1 teaches a heating device wherein the housing is sized to be handheld (Pg. 4, par. 35; Collett) .
Regarding claim 15, the modified device of Collett teaches a method of heating a pad with a heating device to volatize compounds impregnated in the pad, the method comprising heating the pad using the heating device of claim 1 (see obvious statement for claim 1 above).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Collett as applied to claim 1 above, and further in view of Fringeli (US Patent Document No. 20210093007).
Collett teaches the temperature sensor can be in contact with the heater (Pg. 4, par. 93) but does not disclose what it is specifically attached to. Therefore, the modified device of Collett fails to teach a heating device wherein the at least one temperature sensor is mounted on the substrate.
Fringeli teaches an aerosol-generating device wherein at least one temperature sensor is mounted on a substrate (Pg. 5, par. 75) for the purpose of measuring the temperature of the heaters (Pg. 5, par. 76)
Because Collett is silent to the location of the sensor and because Fringeli teaches a known way to attach the sensor in an aerosol generating device to ensure the temperature sensor can measure the temperature of a heater it would have been obvious to one of ordinary skill in the art to try attaching the temperature sensor to the device via the substrate to yield the predictable result of allowing accurate measurement of the heat generated by the heaters as a person of ordinary skill has good reason to pursue known options within his or her technical grasp.
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Collett as applied to claim 1 above, and further in view of Liu (CN Patent Document No. 204146307).
Regarding claim 5, the modified device of Collett fails to teach a heating device wherein the substrate is mounted within the housing such that at least two sides of the substrate are spaced from the housing.
Regarding claim 7, the modified device of Collett fails to teach a heating device with the surface of a substrate is spaced from an underside of a portion of the housing forming at least one opening.
Liu teaches an electronic tobacco evaporator with a heating element (Fig. 1, 23) located next to a spacing (213) in the housing near smoke channel (31) for the purpose of preventing the user from being burned by the device during heating (Pg. 10, par. 36). Since the heater of applicant’s device is mounted on the substrate, it would have been obvious to one of ordinary skill in the art to have modified the modified device of Collett to have the substrate mounted within the housing such that at least two sides of the substrate are spaced from the housing and have the surface of the substrate spaced from an underside of a portion of the housing forming at least one opening for the purpose of preventing the user from being burned by the device during heating.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Collett as applied to claim 1 above, and further in view of Chen et al (WO Patent Document No. 2021104493), hereinafter Chen.
The modified device of Collett fails to teach a heating device wherein the inner surfaces of the housing facing the substrate include a reflective coating.
Chen teaches atomizer (Title) with an inner surface of a housing facing a substrate (Fig. 10, 11) include a reflective coating (15) for the purpose of reflecting infrared rays back to the substrate (Pg. 9, par. 53) to help heat the material to be heated. Therefore, it would have been obvious to a person of ordinary skill in the art to have modified the modified device of Collett to have the inner surfaces of the housing facing the substrate include a reflective coating for the purpose of reflecting infrared rays back to the substrate to help heat the material to be heated.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Collett as applied to claim 1 above, and further in view of Johnson et al (US Patent Document No. 10117462), hereinafter Johnson.
The modified device of Collett fails to teach a heating device wherein the at least one opening further comprises a plurality of slits in a portion of the housing, the slits configured to minimize water entry through the slits.
Johnson teaches a personal electronic vaporizer (Title) wherein an outer wall 25 can include vent holes, configured to expel excess heat generated (Col. 5, lines 15-18) by the battery or allow for additional air to enter to aid in vaporization. As discussed in the 112(b) rejection above any hole is considered to meet the function requirement of minimizing water entry.
As such, it would have been obvious to a person of ordinary skill at the time of filing to add holes to the housing of the modified device of Collett for the purpose of allowing for heat generated by the battery to be dissipated and/or allow for additional air to enter the housing to aid in vaporization.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Collett as applied to claim 1 above, and further in view of Weinstein et al (US Patent Document No. 20100024816), hereinafter Weinstein.
The modified device of Collett fails to teach a heating device wherein the controller is configured to shut down power to a device based on an overheating condition for the heating device.
Weinstein teaches a vaporizer (Title) having a controller, wherein the controller is configured to shut down power to a heating device based on an overheating condition for the heating device (Pg. 5, par. 67). Therefore, it would have been obvious to a person of ordinary skill in the art to have modified the modified device of Collett to have a controller configured to shut down power to a device based on an overheating condition for the heating device to yield the predictable result of preventing damage to the heating device.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Collett as applied to claim 1 above, and further in view of Lin (US Patent Document No. 20110163083).
The modified device of Collett fails to teach a heating device with a controller configured to lower power to the at least two heating elements in a low temperature condition.
Lin teaches a heating control device (Title) with a controller configured to lower power to a heating unit based on a detected temperature (Pg. 3, par. 35) when compared to an ideal use temperature for the purpose of saving energy (Pg. 4, par. 39). As such, it would have been obvious to a person of ordinary skill in the art to have modified the modified device of Collett to try a controller configured to lower power to at least two heating elements for the purpose of saving energy.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Collett as applied to claim 1 above, and further in view of Batista et al (US Patent Document No. 10757975), hereinafter Batista.
Regarding claim 14, the modified device of Collett fails to teach a heating device with a controller configured to operate only one of the at least two heating elements for volatizing.
Batista teaches an aerosol-generating system (Title) with a controller configured to operate only one of at least two heating elements for volatizing (Col. 4, lines 65-67) for the purpose of the user selectively activating the other heater during operation of the device to provide a temporary increase in the amount of aerosol delivered (Col. 5, lines 10-12). Therefore, it would have been obvious to a person of ordinary skill in the art to have modified the modified device of Collett to have a controller configured to operate only one of the at least two heating elements for volatizing for the purpose of the user selectively activating the other heater during operation of the device to provide a temporary increase in the amount of aerosol delivered.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Collett as applied to claim 1 above, and further in view of Jin et al (US Patent Document No. 20070257016), hereinafter Jin.
The modified device of Collett fails to teach a heating device with the housing including a space adjacent to a surface of the substrate that is opposite to a surface of the substrate that faces the at least one opening, the space including insulation therein.
Jin teaches a heated device for dispensing a volatile active (Title) having a first insulation piece 388 that includes a first film material 392 on the face directed toward face 324 of the substrate material 322 and a first resistance heating element 334 (Pg. 6, par. 58) for the purpose of allowing the device to more efficiently utilize the heat generated by the heating element (Pg. 5, par. 44). As such, it would have been obvious to try a housing including a space adjacent to a surface of the substrate that is opposite to a surface of the substrate that faces the at least one opening, the space including insulation therein to yield the predictable result of preventing heat conduction through the bottom of the housing allowing the device to more efficiently utilize the heat generated by the heating element.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Collett as applied to claim 1 above, and further in view of Zhang et al (CN Patent Document No. 214278084), hereinafter Zhang.
The modified device of Collett fails to teach a heating device with the housing including slots sized to receive and hold peripheral ends of the substrate supporting at least first and second heaters to minimize heat conduction from the substrate to the housing.
Zhang teaches an air quality detection system (Title) with a PCB layout in Fig. 2 with two isolation islands for holding separate sensors for the purpose of greatly reducing the influence of the heating source to the isolation island (Pg. 9, par. 46). As such, it would have been obvious to try a substrate having a first portion for supporting either the first and second heaters or at least one heater and a second portion supporting the controller, the first and second portions separated by opposing slots forming a connecting portion for the purpose of reducing the influence of the heaters to the controller.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Collett as applied to claim 1 above, and further in view of Monsees et al (US Patent Document No. 10045567), hereinafter Monsees.
The modified device of Collett fails to teach a heating device wherein the housing includes slots sized to receive and hold peripheral ends of the substrate supporting at least first and second heaters to minimize heat conduction from the substrate to the housing.
Monsees teaches a vaporization device (Title) having heater contacts 33 in Fig. 7B and slots for receiving them in a housing.
As such, it would have been obvious to one of ordinary skill in the art to try a housing including slots sized to receive and hold peripheral ends of the substrate supporting the at least first and second heaters to yield the predictable result of minimizing heat conduction from the substrate to the housing as a person of ordinary skill has good reason to pursue known options within his or her technical grasp.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over the modified device of Collett as applied to claim 1 above, and further in view of Kim (KR Patent Document No. 20210156630).
The modified device of Collet fails to teach a heating device wherein the controller periodically causes power to the device to be on to prevent the device when having an auto shut off feature from powering down.
Kim teaches smart thermal wear (Title) having a control unit that transmits an activation signal to the power supply unit 110 immediately after a predetermined time (for example, when OFF for 15 seconds or longer) to the power supply unit ( 110) to prevent the power supply from being cut off by the power cut-off circuit built into the battery for the purpose of preventing unnecessary power consumption (Pg. 4, par. 9).
Because Kim is related to the particular problem of properly controlling a heating element powered by a battery, it would have been obvious to a person of ordinary skill in the art to have modified the modified device of Collett to have a heating device wherein the controller periodically causes power to the device to be on to prevent the device when having an auto shut off feature from powering down for the purpose of preventing unnecessary power consumption.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHANCIE I VELASQUEZ SANCHEZ whose telephone number is (571)272-9477. The examiner can normally be reached M-F 7:30AM-4:30PM.
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/C.V.S./Examiner, Art Unit 3761 /EDWARD F LANDRUM/Supervisory Patent Examiner, Art Unit 3761