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 .
DETAILED ACTION
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.
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: “driving unit” in claims 1, 4 and 6.
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 § 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 1-4, 6, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Korus et al. (20210204612). Korus et al. discloses (claim 1) an electromagnetic induction heating apparatus for heating an aerosol-forming article of an electronic cigarette (Fig. 1), comprising: a power supply unit 104 configured to supply DC power; a power amplifier Fig. 2 including: a switch unit composed of a pair of transistor switches M1,M2 having a differential structure and operating by receiving the DC power from the power supply unit 104, and a LC resonant network composed of a resonant inductor 158 connected to an output terminal of the switch unit and electromagnetically inductively coupled with an inductor component of a heat-generating body 116 for heating the aerosol-forming article of the electronic cigarette and a resonant capacitor 156 connected in parallel to the resonant inductor 158; and a driving unit 110 configured to adjust an operation of the power amplifier to adjust a temperature of the heat-generating body (paragraph [0052] “…The control circuitry 106 may comprise means for monitoring the temperature of components of the device 100…”).
Regarding claim 2, Korus et al. disclose that the power amplifier is a current mode class-D power amplifier (Fig. 2), and the switch unit constituting the power amplifier is configured to induce resonance of the LC resonant network to transfer power to the heat-generating body 116.
Regarding claim 3, Korus et al. disclose that the power amplifier further includes a first choke inductor 161 installed between a drain of a first transistor switch M1 constituting the switch unit and the power supply unit V and a second choke inductor 162 installed between a drain of a second transistor switch M2 constituting the switch unit and the power supply unit V, and the LC resonant network 158 is connected to the drain of the first transistor switch M1 and the drain of the second transistor switch M2.
Regarding claim 4, Korus et al. discloses that the driving unit is configured to estimate a change in temperature of the heat-generating body by calculating a change in resistance value of the heat-generating body according to a voltage of the LC resonant network (paragraph [0111] “…The temperature determiner 106 determines a temperature of the susceptor arrangement 110 based on a frequency that the resonant circuit 150 is being driven at, a DC current from the DC voltage supply V1 and a DC voltage of the DC voltage supply V1…”), and control the operation of the power amplifier according to the estimated change in temperature (paragraphs [0111]-[0131]).
Regarding claim 6, Korus et al. discloses that the driving unit is configured to calculate a change in resistance value of the heat- generating body according to a current used by the power amplifier (paragraph [0111] “…The temperature determiner 106 determines a temperature of the susceptor arrangement 110 based on a frequency that the resonant circuit 150 is being driven at, a DC current from the DC voltage supply V1 and a DC voltage of the DC voltage supply V1…”) and control the operation of the power amplifier according to the calculated change in resistance value (paragraphs [0111]-[0131]).
Regarding claim 8, Korus et al. discloses that an operating frequency of the pair of transistor switches M1,M2 constituting the switch unit is approximately 0.1 MHz to approximately 27.283 MHz (paragraph [0101]).
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Korus et al., as applied to claim 1 above, in view of Stura et al. (20200128878). Korus et al. discloses all of the claimed subject matter further including that the power supply unit includes a DC battery. Korus et al. does not disclose that the DC battery is rechargeable.
Stura et al. teaches for an electromagnetic induction heating apparatus for heating an aerosol-forming article of an electronic cigarette (Fig. 1), comprising: a power supply unit 11 configured to supply DC power and that the power supply unit includes a rechargeable DC battery 110 for the purposes of providing a more sustainable and cost-effective alternative to disposable batteries. See Stura et al. paragraph [0057].
Since Korus et al. and Stura et al. are both in the same field of endeavor the purpose disclosed by Stura et al. would have been recognized in the pertinent art of Korus et al. It would have been obvious at a time before the invention was effectively filed to a person having ordinary skill in the art to modify the power supply unit of Korus et al to include a rechargeable DC battery for the purposes of providing a more sustainable and cost-effective alternative to disposable batteries.
Prior Art
Prior art made of record but not relied upon is considered pertinent to Applicant's disclosure for showing other electromagnetic induction heating apparatus for heating an aerosol-forming article of electronic cigarettes.
Allowable Subject Matter
Claims 5 and 7 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 improvement comprises (claims 5 and 7) a switch driver configured to generate a switch driving signal for differentially driving the pair of transistor switches constituting the switch unit according to the heat-generating body temperature control signal received from the MCU.
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Thomas Lazo whose telephone number is (571) 272-4818. The examiner can normally be reached on Monday-Friday from 8:00 am to 4:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor Nathaniel Wiehe, can be reached on (571) 272-8648. The fax phone number for this Group is (571) 273-8300.
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/THOMAS E LAZO/Primary Examiner,
Art Unit 3745
December 11, 2025