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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/31/2026 has been entered.
Response to Amendment
Amendment filed 8/31/2026 has been entered and fully considered. Claims 11, 13-19, 21-23 and 25-31 are pending. Claims 1-10, 12, 20 and 24 are cancelled. Claims 11 and 22 are amended. No new matter is added.
Response to Arguments
Applicant's arguments filed 8/31/2026 have been fully considered but they are not persuasive.
Applicant argues that the cited art measures characteristics of the surrounding air pressure, and not the heating element. Thus, the cited art does not teach measuring characteristics of the heating element to determine air restriction.
Examiner notes that this feature was not previously presented and will be addressed hereinafter.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 11, 15-17, 21, 22, 27-29 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowen (US 2016/0157524) in view of ALARCON et al. (US 2018/0020728)
With respect to claims 11 and 22, Bowen teaches a vaporizer device (Abstract) and method (Paragraph [0081]) comprising: a resistive heating element, 106, (Paragraphs [0084] and [0085]); circuitry configured to control delivery of electrical power to the resistive heating element from a power source (Paragraphs [0083]-[0085]), the resistive heating element operates to provide heat to a vaporizable material to cause vaporization of the vaporizable material (Paragraph [0088]-[0093]) into a flowing air stream to form an entrained aerosol; and data is then sent to the controller (e.g., receiving data) from the heating element that characterizes the temperature and the temperature profile of the heating element during the user’s puff, the amount of power (e.g., power delivery to the heating element) (Paragraph [0083]). Upon receiving this data, the controller then predicts the amount of vapor to be generated by the vaporization material that is delivered to the user (Abstract; Paragraphs [0048], [0083]) by determining the partial dose amount produced during a puff, and the total amount dose of vapor produced (Paragraph [0087]).
The partial and total doses measured that are delivered to the user, are first located at the heating element, given that the heating element generates the vapor. Thus, the determined doses are also measured at the heater (See also, Paragraph [0114]; temperature of vaporizable material near the heater is measured)
Based on the prediction, the controller then controls the amount of vaporization of the material to achieve a desired dose (Paragraph [0083], [0134]; Figures 10) by controlling the power to the heater (e.g., in watts; see above) (Paragraphs [0113]-[0117]) by either increasing or decreasing said power (Figures 5 and 6; Paragraph [0124]) to achieve a total dose (e.g., target yield). Specifically, as seen in figure 5 and 6, the watts are increased or decreased, according to the equations in paragraphs [0099]-[0102]).
The “flow rate” data of claim 11 is listed among a plurality of optional data. Regardless, Bowen discloses measuring flow rate with a flow sensor (Paragraphs [0090], [0124]). Bowen does not explicitly disclose that the received data characterizing the flow rate is determined based on one or more measured characteristics of the heater that is representative of air restriction of the device. ALARCON et al. discloses an electronic cigarette (Abstract). The electronic cigarette includes an airflow sensor, such as a heater coil temperature sensor that captures relevant draw characteristics (Paragraph [0040]) in order to adjust the heating profile of the heater. One characteristic is the draw resistance to the user (e.g., representative of air restriction ) (Paragraph [0060]). It is noted that the draw characteristics can be determined through indirect correlations (Paragraph [0040]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to measure the heating coil temperature of Bowen, as taught by ALARCON et al. so that the airflow characteristics can be measured and the heater temperature adjusted accordingly. Moreover, given that other features of the airflow path are known and accounted for, characteristics such as resistance to draw can be indirectly correlated and provide the user with the desired draw resistance.
With respect to claims 15 and 27, Bowen discloses that the target yield comprises a constant, a, b or c (Paragraphs [0100]-[0102]).
With respect to claims 16 and 28, the “use-adjustable parameter” of claim 15 is listed among a plurality of optional selections. Claim 16 does not explicitly require the use of “user-adjusted parameter” amongst the optional selections. Thus, limitations related to said user-adjusted parameters are still optional.
Regardless, Bowen discloses a user-adjusted parameter such as time period (Paragraph [0110]).
With respect to claims 17 and 29, Bowen discloses adjusting the present vapor amount threshold (e.g., target yield) from one puff to the next based on the user’s prior puff (Paragraph [0048]).
With respect to claims 21 and 32, Bowen discloses that the device comprises a resistive heating element, 106, (Paragraphs [0084] and [0085]); circuitry configured to control delivery of electrical power to the resistive heating element from a power source (Paragraphs [0083]-[0085]), the resistive heating element operates to provide heat to a vaporizable material to cause vaporization of the vaporizable material (Paragraph [0088]-[0093]) into a flowing air stream to form an entrained aerosol.
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Claim(s) 13, 14, 23, 25 and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowen (US 2016/0157524) in view of ALARCON et al. (US 2018/0020728) as applied to claims 11, 15-17, 21, 22, 27-29 and 32above, and further in view of Huang et al (US 2016/0255878).
With respect to claims 13, 14 and 23¸ Bowen does not explicitly disclose that the target yield is proportional to flow rate. Huang teaches an electronic vaporizer similar to Bowen including using inputs to control the power of the heater to increase or decrease the power delivery to the heating element in order to arrive at a target aerosol yield (Paragraph [0009]; where the flow rate is used to adjust the power to the heater to adjust the amount of vaporization to arrive at a target amount of vapor). The heating power adjustment is done proportionally (e.g., as a function of the flow rate, as required by claim 14) to flow rate (Paragraphs [0007]- [0008]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bowen with the teachings of Huang to adjust the amount of vaporization using the heater in order to provide precise measurement of the inhalation process.
With respect to claims 25 and 26¸ Bowen does not explicitly disclose that the target yield is proportional to flow rate. Huang teaches an electronic vaporizer similar to Bowen including using inputs to control the power of the heater to increase or decrease the power delivery to the heating element in order to arrive at a target aerosol yield (Paragraph [0009]; where the flow rate is used to adjust the power to the heater to adjust the amount of vaporization to arrive at a target amount of vapor). The heating power adjustment is done proportionally (e.g., as a function of the flow rate, as required by claim 14) to flow rate (Paragraphs [0007]- [0008]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bowen with the teachings of Huang to adjust the amount of vaporization using the heater in order to provide precise measurement of the inhalation process.
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Claim(s) 18, 19, 30 and 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowen (US 2016/0157524) in view of ALARCON et al. (US 2018/0020728)
as applied to claims 11, 15-17, 21, 22, 27-29 and 32 above, and further in view of Cochand et al. (US 2014/0020693).
With respect to claims 18 and 19, Bowen does not explicitly disclose controlling the power delivery to the resistive heating element is further in response to an amount of power required to maintain a predefined temperature of the resistive heating element and selecting the power delivery such that the heating element temperature remains under a predetermined temperature.
Cochand teaches an electronic vaporizer similar to Bowen including maintaining the temperature of the heating element at a predetermined temperature and below a maximum temperature (Paragraph [0092]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bowen with the teachings of Cochand to include the temperature limits in order to avoid unwanted chemical degradation and maintain a vaporization amount.
With respect to claims 30 and 31, Bowen does not explicitly disclose controlling the power delivery to the resistive heating element is further in response to an amount of power required to maintain a predefined temperature of the resistive heating element and selecting the power delivery such that the heating element temperature remains under a predetermined temperature.
Cochand teaches an electronic vaporizer similar to Bowen including maintaining the temperature of the heating element at a predetermined temperature and below a maximum temperature (Paragraph [0092]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Bowen with the teachings of Cochand to include the temperature limits in order to avoid unwanted chemical degradation and maintain a vaporization amount.
Conclusion
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/ALEX B EFTA/Primary Examiner, Art Unit 1745
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