DETAILED ACTION
This is a first action on the merits, in response to the claims received 3/22/2023. Claims 1-13 are pending for prosecution below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS)(s) file on has been considered by the examiner. An initialed copy is attached herewith.
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.
Claim(s) 1,2,8-9,12, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li , (USNO.2017/0000192).
As for claim 1, Li discloses and shows in Figs. 1-2 a chip for a vaporizer, comprising: a package comprising a communication interface (via recognitive information provider component) configured to determine whether a battery rod into which the vaporizer is inserted communicates with the vaporizer, wherein, when the battery rod (via ref’s cigarette rod) communicates with the vaporizer, the vaporizer is configured to operate in a first mode, and wherein, when the battery rod does not communicate with the vaporizer, the vaporizer is configured to operate in a second mode (via alarm) (par.[0034-0036,0046-0051]).
As for claim 2, Li discloses and shows in Figs. 1-2 a control switch arranged in the package; and a driving control circuit (via ref’s controller) arranged in the package, a control end of the driving control circuit being connected to a control end of the control switch, and a communication end of the driving control circuit being connected to the communication interface and configured to determine whether the battery rod communicates with the vaporizer through the communication interface.
As for claim 8, Li discloses and shows in Figs. 1-2 a vaporizer, comprising:
a heating element ( [0022], atomizer 202 “including a heating wire”); and the chip of claim 1 connected to the heating element (via atomizer), where, after the vaporizer is inserted in the battery rod, when the battery rod communicates with the vaporizer, the chip is configured to control the heating element so as to cause the vaporizer to operate in the first mode, and wherein, when the battery rod does not communicate with the vaporizer, the chip is configured to control the heating element to cause the vaporizer to operate in the second mode (via alarm) (par.[0034-0036,0046-0051]).
As for claim 9, Li discloses and shows in Figs. 1-2 a first input end; and a second input end, wherein, when the vaporizer is inserted in the battery rod, the vaporizer is electrically connected to the battery rod through the first input end and the second input end, the heating element and the control switch of the chip are connected in series between the first input end and the second input end, and the communication interface of the package is connected to the first
input end, and wherein the vaporizer further comprises a capacitor, the power supply interface of the package being grounded through the capacitor (par.[0010,0032]).
As for claim 12, Li discloses and shows in Figs. 1-2 a first input end and a second input end, wherein, when the vaporizer is inserted in the battery rod (via ref’s cigarette rod), the vaporizer is electrically connected to the battery rod through the first input end and the second input end, an end of the heating element (via atomizer) is connected to the first input end, the switch channel interface of the package is connected to the first input end, and an other end of the heating element is connected to the ground interface of the package such that the heating element and the control switch of the chip are respectively connected in parallel between the first input end and the second input end and the communication interface of the package is connected to the first input end, and wherein the vaporizer further comprises a capacitor, the power supply interface of the package being grounded through the capacitor (par.[0010,0032]).
As for claim 13, Li discloses and shows in Fig. 1 an electronic vaporization device, comprising: the vaporizer of claim 8; and a battery rod configured to supply power to the vaporizer (par.[0034-0036,0046-0051]).
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.
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Xiang, (USNO.2015/0036250).
As for claim 10, Li discloses all limitations, but differs from the claimed invention because he does not explicitly disclose a first switch, a control end of the first switch being connected to the switch control interface, a first channel end of the first switch being connected to the switch channel interface, and a second channel end of the first switch being connected to the ground interface such that the first switch is connected in parallel to the control switch
Xiang discloses and shows in Figs. 1-3 a first switch (via first mosfet), a control end of the first switch being connected to the switch control interface, a first channel end of the first switch being connected to the switch channel interface, and a second channel end of the first switch being connected to the ground interface such that the first switch is connected in parallel to a control switch (via microprocessor) (par.[0025,0032])
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention was made to have modified the teachings of Li by using a first switch, a control end of the first switch being connected to the switch control interface, a first channel end of the first switch being connected to the switch channel interface, and a second channel end of the first switch being connected to the ground interface such that the first switch is connected in parallel to the control switch for advantages such as providing the ability to prevent security risk (par.[0009]), as taught by Xiang.
Allowable Subject Matter
Claims 3-7, and 11 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:
Claim 3: the package further comprises: a switch channel interface; a ground interface; and a power supply interface, wherein the switch channel interface is connected to a first channel end of the control switch, wherein the ground interface is connected to a second channel end of the control switch and a ground end of the driving control circuit, and wherein the power supply interface is connected to a power supply end of the driving control circuit and connected to the communication interface, in combination with the remaining limitations of independent claims.
Claim 11: a second switch, a control end of the second switch being connected to the switch control interface, a first channel end of the second switch being connected to the ground interface, and a second channel end of the second switch being connected to the second input end such that the heating element, the control switch, and the second switch are connected in series between the first input end and the second input end in sequence, in combination with the remaining limitations of independent claims
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARUN C WILLIAMS whose telephone number is (571)272-9765. The examiner can normally be reached on M-F 9 a.m. - 6 p.m..
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julian Huffman can be reached on 571-272-2147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARUN C WILLIAMS/ Primary Examiner, Art Unit 2859