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 .
Status of the Claims
Claims 1, and 4-19 are pending and are subject to this Office Action. Claims 2-3 are cancelled. Claims 1, 7-8, 14, and 17 are amended.
Response to Amendments
The amendments to the claims filed on June 8, 2026 are acknowledged. The 112(b) rejections of claims 8-10, 14, and 17 have been withdrawn due to the amendments.
Response to Arguments
Applicant' s arguments, see pgs 4-7, filed June 8, 2026, with respect to the rejection(s) of claims 1-19 under 35 U.S.C. 103 have been fully considered but they are not persuasive.
On pg. 7-10, Applicant argues that Leadley does not disclose the limitation: “wherein the temperature sensor and the heating element are electrically conductively connected.” Applicant further argues that one of ordinary skill in the art would understand based on the teachings of Leadley that in case of an electrically conductive ceramic material 40, a potentially very thin, but nevertheless fully electrically insulating layer must be present between the electrically conductive ceramic material and the conductors 44a, 44b of the sensing junction 42 of the thermocouple in order for the thermocouple to function properly. Examiner respectfully disagrees with the arguments because Leadley explicitly states that the thermocouple is embedded in the ceramic heater material to be in direct contact with the heater material (Leadley, [0050]), and states that the ceramic material may be conductive (Leadley, [0079]). Therefore, positioning an insulating layer between the thermocouple and the ceramic heater material would go against the teachings of Leadley. Further, Fig. 18 of Leadley shows a circuit diagram of the device wherein heater 4 and thermocouple 45 are indirectly electrically conductively connected to each other (Leadley, [0099], Fig. 18).
On pg. 11-12, Applicant argues that Leadley in view of Mandl does not disclose the limitation: “wherein the temperature sensor and the heating element are directly mechanically connected and thermally coupled to each other by a welded joint”. Examiner does not find the arguments persuasive because Mandl has not been relied upon for the exact configuration of its heating device but for its clear demonstration that a temperature sensor can be soldered directly to a surface of a heating element (Mandl, [0098], Fig. 12), and that the processes of welding and soldering are directly interchangeable (Mandl, [0079]). Based on the disclosures of Mandl, one of ordinary skill in the art would have been motivated to weld the temperature sensor to the heating element to form a welded joint.
The following is a modified rejection based on amendments made to the claims.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1, 6-7, 12, and 19 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Leadley (US 2023/0346040 A1).
Regarding Claim 1, Leadley, directed to heating devices ([0006]), teaches a vaporizer for vaporizing a liquid ([0037], Fig. 1; E-cigarette 10 comprises a device 20 (control or power component), and an article 30 (cartridge assembly or section, sometimes referred to as a cartomizer) carrying aerosol-generating material and operating to generate vapor/aerosol. Article 30 is the vaporizer), the vaporizer comprising:
a heating element to receive electrical power and to deliver thermal power to a liquid to be vaporized ([0037], Fig. 1; Article 30 (vaporizer) comprises heater 4 (heating element) to receive electrical power and to deliver thermal power to a liquid to be vaporized); and
a temperature sensor to sense the temperature of the heating element ([0050]-[0054], Figs. 1-2; Heater 4 may comprise at least one thermocouple 45 (temperature sensor) to sense the temperature of the heater 4),
the temperature sensor and the heating element being directly mechanically connected and thermally coupled ([0050]-[0056], Figs. 1-2; Thermocouple 45 (temperature sensor) may be embedded (directly mechanically connected and thermally coupled to) within heater 4),
wherein the temperature sensor and the heating element are electrically conductively connected ([0079], Heater 4 may be a conductive ceramic material. [0051], A thermocouple comprises a pair of electrical conductors (typically lengths of wire) which are joined together (such as by welding) to form an electrical junction. [0050]-[0056], Figs. 1-2; If thermocouple 45 (temperature sensor) is embedded within heater 4, it is reasonably understood that they are electrically conductively connected to eachother. Further, [0099], Fig. 18 shows a circuit diagram of the device wherein heater 4 and thermocouple 45 are indirectly electrically conductively connected to each other),
wherein the temperature sensor comprises a sensing junction of a thermocouple ([0050]-[0056], Figs. 1-2; Thermocouple 45).
Regarding Claim 6, Leadley teaches the vaporizer of claim 1, wherein a plurality of temperature sensors are spatially distanced from one another and are each directly mechanically connected and thermally coupled to the heating element ([0092]-[0097], Figs. 15 and 17 show configurations of heater 4 wherein four thermocouples 45 are spatially distanced from one another and are each directly mechanically connected and thermally coupled to the heater 4 (heating element).
Regarding Claim 7, Leadley, directed to vaporizers ([0002]-[0003]) and temperature measurement ([0004]-[0006]), teaches a power source module ([0037], Fig. 1; E-cigarette 10 comprises a device 20 (control or power component), and an article 30 (cartridge assembly or section, sometimes referred to as a cartomizer). Device 20 is the power source module) comprising:
an interface to mechanically and electrically connect the power source module to a corresponding interface at a vaporizer comprising a heating element to receive electrical power and to deliver thermal power to a liquid to be vaporized and a temperature sensor to sense the temperature of the heating element ([0037], Fig. 1; Article 30 (vaporizer) comprises heater 4 (heating element) to receive electrical power and to deliver thermal power to a liquid to be vaporized. [0050]-[0054], Figs. 1-2; Heater 4 may comprise at least one thermocouple 45 (temperature sensor) to sense the temperature of the heater 4. [0043], Fig. 1; The components 20, 30 are joined together when the device 10 is in use by cooperating engagement elements 21, 31 (the respective interfaces) which provide mechanical and electrical connectivity between the device 20 and the article 30),
the temperature sensor and the heating element being directly mechanically connected and thermally coupled ([0050]-[0056], Figs. 1-2; Thermocouple 45 (temperature sensor) may be embedded (directly mechanically connected and thermally coupled to) within heater 4);
a temperature measuring circuit to detect a temperature signal of the temperature sensor ([0099], Fig. 18 shows a circuit diagram of a simple implementation of temperature measurement-based heater control in an aerosol provision system (temperature measuring circuit). Controller 8 is able to determine a value of temperature for the heater 4 from the voltage (temperature signal) produced by the thermocouple 45); and
a power source coupled to the temperature measuring circuit to provide electrical power to the heating element of the vaporizer in response to the temperature signal detected by the temperature measuring circuit ([0099], Fig. 18; A battery 7 (power source) is connected across the heater 4 for the purpose of providing electrical power to the heater 4, to create a temperature rise to heat the aerosol-generating material. The provision of the power from the battery 7 to the heater 4 is controlled by a controller 8. Controller 8 is able to determine a value of temperature for the heater 4 from the voltage (temperature signal) produced by the thermocouple 45. This temperature data is then used by the controller 8 in a control procedure, such as a feedback arrangement in which the measured temperature is compared to a required temperature for the heater 4, and the level of power (supplied from battery 7) provided to the heater 4 then adjusted up or down depending on whether the measured temperature is too low or too high),
wherein the temperature sensor and the heating element are electrically conductively connected ([0079], Heater 4 may be a conductive ceramic material. [0051], A thermocouple comprises a pair of electrical conductors (typically lengths of wire) which are joined together (such as by welding) to form an electrical junction. [0050]-[0056], Figs. 1-2; If thermocouple 45 (temperature sensor) is embedded within heater 4, it is reasonably understood that they are electrically conductively connected to eachother. Further, [0099], Fig. 18 shows a circuit diagram of the device wherein heater 4 and thermocouple 45 are indirectly electrically conductively connected to each other),
wherein the temperature sensor comprises a sensing junction of a thermocouple ([0050]-[0056], Figs. 1-2; Thermocouple 45).
Regarding Claim 12, Leadley teaches the power source module according to claim 7, wherein the temperature measuring circuit is configured to detect a temperature signal of a temperature sensor electrically conductively connected to the heating element of the vaporizer ([0099], Fig. 18 shows a circuit diagram of a simple implementation of temperature measurement-based heater control in an aerosol provision system (temperature measuring circuit). Controller 8 is able to determine a value of temperature for the heater 4 from the voltage (temperature signal) produced by the thermocouple 45. [0053], The thermocouple 45 may be formed from electrically conductive materials. [0055], Heater 4 may be an electrically conductive ceramic. [0056], Fig. 2; If thermocouple 45 is embedded in heater 4, they must be electrically conductively connected to each other).
Regarding Claim 19, Leadley teaches an electric smoking or vaporizing system ([0037], Fig. 1; E-cigarette 10 is electric smoking or vaporizing system) comprising:
a vaporizer comprising a heating element to receive electrical power and to deliver thermal power to a liquid to be vaporized and a temperature sensor to sense the temperature of the heating element ([0037], Fig. 1; E-cigarette 10 comprises an article 30 (vaporizer). Article 30 (vaporizer) comprises heater 4 (heating element) to receive electrical power and to deliver thermal power to a liquid to be vaporized. [0050]-[0054], Figs. 1-2; Heater 4 may comprise at least one thermocouple 45 (temperature sensor) to sense the temperature of the heater 4); and
a power source module ([0037], Fig. 1; E-cigarette 10 comprises a device 20 (power source module)) comprising:
an interface to mechanically and electrically connect the power source module to a corresponding interface at the vaporizer ([0043], Fig. 1; The components 20, 30 are joined together when the device 10 is in use by cooperating engagement elements 21, 31 (the respective interfaces) which provide mechanical and electrical connectivity between the device 20 and the article 30);
a temperature measuring circuit to detect a temperature signal of a temperature sensor directly mechanically connected and thermally coupled to the heating element of the vaporizer ([0099], Fig. 18 shows a circuit diagram of a simple implementation of temperature measurement-based heater control in an aerosol provision system (temperature measuring circuit). Controller 8 is able to determine a value of temperature for the heater 4 from the voltage (temperature signal) produced by the thermocouple 45. [0050]-[0056], Figs. 1-2; Thermocouple 45 (temperature sensor) may be embedded (directly mechanically connected and thermally coupled to) within heater 4); and
a power source coupled to the temperature measuring circuit to provide electrical power to the heating element of the vaporizer in response to the temperature signal detected by the temperature measuring circuit ([0099], Fig. 18; A battery 7 (power source) is connected across the heater 4 for the purpose of providing electrical power to the heater 4, to create a temperature rise to heat the aerosol-generating material. The provision of the power from the battery 7 to the heater 4 is controlled by a controller 8. Controller 8 is able to determine a value of temperature for the heater 4 from the voltage (temperature signal) produced by the thermocouple 45. This temperature data is then used by the controller 8 in a control procedure, such as a feedback arrangement in which the measured temperature is compared to a required temperature for the heater 4, and the level of power (supplied from battery 7) provided to the heater 4 then adjusted up or down depending on whether the measured temperature is too low or too high),
wherein the temperature sensor and the heating element are electrically conductively connected ([0079], Heater 4 may be a conductive ceramic material. [0051], A thermocouple comprises a pair of electrical conductors (typically lengths of wire) which are joined together (such as by welding) to form an electrical junction. [0050]-[0056], Figs. 1-2; If thermocouple 45 (temperature sensor) is embedded within heater 4, it is reasonably understood that they are electrically conductively connected to eachother. Further, [0099], Fig. 18 shows a circuit diagram of the device wherein heater 4 and thermocouple 45 are indirectly electrically conductively connected to each other),
wherein the temperature sensor comprises a sensing junction of a thermocouple ([0050]-[0056], Figs. 1-2; Thermocouple 45).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Leadley (US 2023/0346040 A1) as applied to Claim 1, and further in view of Mandl (US 2022/0386420 A1).
Regarding Claims 4 and 5, Leadley does not teach the vaporizer wherein the temperature sensor and the heating element are directly mechanically connected and thermally coupled to each other by a welded joint, wherein the heating element is formed as a mesh or grid, wherein the heating element comprises a full-surface region without holes, meshes or other recesses, and wherein the temperature sensor is directly mechanically connected and thermally coupled to the full-surface region of the heating element.
Mandl, directed to heating devices ([0002]), teaches a heating device ([0098], Fig. 12; Heating device 11’) comprising:
a heating element ([0098], Fig. 12; Heating device 11’ is a heating element for heating water); and
a temperature sensor to sense the temperature of the heating element ([0098], Fig. 12; Heating device 11’ comprises a temperature sensor 31 to sense the temperature of the edge region 26 of the heating device 11’),
wherein the temperature sensor and the heating element are directly mechanically connected and thermally coupled to each other by a soldered joint ([0098], Fig. 12; Temperature sensor 31 is soldered onto the edge region 26 of the carrier 12 of heating device 11’ such that they are directly mechanically connected and thermally coupled to each other by a soldered joint),
wherein the heating element is formed as a mesh or grid ([0098], Fig. 12; Heating conductor assembly 14 having heating conductors 20a and 20b, which form closed meshes 24),
wherein the heating element comprises a full-surface region without holes, meshes or other recesses, and wherein the temperature sensor is directly mechanically connected and thermally coupled to the full-surface region of the heating element ([0098], Fig. 12; Heating conductor assembly 14 comprises an edge region 26 (full-surface region) without meshes or recesses, wherein the temperature sensor 31 is directly mechanically connected and thermally coupled to edge region 26 of heating device 11’).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the heating device of Mandl as the heating element in the invention of Leadley because Leadley and Mandl are directed to heating devices, Leadley states that the heating element can be a metallic mesh (Leadley, [0039]), and can comprise a temperature sensor (Leadley, [0049]-[0050]) but does not provide a sample configuration for a mesh heater including a temperature sensor, Mandl discloses a mesh heating element including a temperature sensor (Mandl, [0098], Fig. 12), and this involves combining prior art elements according to known methods to yield predictable results.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to connect and couple the temperature sensor to the heating element by a welded joint instead of a soldered joint because Mandl demonstrates that the processes of welding and soldering are directly interchangeable (Mandl, [0079]).
Claims 8-10, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Leadley (US 2023/0346040 A1) as applied to Claim 7, and further in view of Xeo (DE 202014001717 U1, English Translation).
Regarding Claim 8, Leadley does not teach the power source module wherein the interface of the power source module includes an electrical power contact to transmit electrical power via a corresponding electrical power contact of the vaporizer to the heating element of the vaporizer and electrical signal contacts to receive a temperature signal from the temperature sensor of the vaporizer via corresponding signal contacts of the vaporizer.
Xeo, directed to vaporizers ([0001]-[0002]), teaches a power source module ([0017], Fig. 1; The electronic cigarette of Fig. 1 comprises a vaporizer module 4 and a central battery module 3 (power source module) comprising:
an interface to mechanically and electrically connect the power source module to a corresponding interface at a vaporizer comprising a heating element to receive electrical power and to deliver thermal power to a liquid to be vaporized ([0017], Fig. 1; The electronic cigarette of Fig. 1 comprises a connection arrangement 2 (interface) to mechanically and electrically connect central battery module 3 (power source module) to vaporizer module 4 comprising a heating device (element) to receive electrical power and to deliver thermal power to a liquid to be vaporized. The connection arrangement 2 includes a contact arrangement 12 for establishing an electrical connection between vaporizer module 4 and the electrical power source in the battery module 3 for the purpose of operating the heating device),
wherein the interface of the power source module includes an electrical power contact to transmit electrical power via a corresponding electrical power contact of the vaporizer to the heating element of the vaporizer and an electrical signal contact to transmit a temperature signal via a corresponding signal contact of the vaporizer ([0026]-[0031], Figs. 1 and 3; Looking at the connection arrangement 2 (interface) of Fig. 3, central battery module 3 (power source module) comprises three contacts 12 located at inner ring 12a, outer ring 14d, and radial projections 8c. Vaporizer module 4 comprises three contacts 12 located at ring surface 14b, segments 14c, and bayonet plate 8d which cooperate with inner ring 12a, outer ring 14d, and radial projections 8c respectively. [0052], Contact arrangement 12 can comprise a power contact and a signal contact for transmitting a temperature signal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the power source module of Leadley wherein the interface of the power source module includes an electrical power contact to transmit electrical power via a corresponding electrical power contact of the vaporizer to the heating element of the vaporizer and an electrical signal contacts to receive a temperature signal from the temperature sensor of the vaporizer via a corresponding signal contact of the vaporizer similarly taught by Xeo because Leadley and Xeo are directed to vaporizers, Xeo demonstrates that separating the electrical functions of an interface into multiple electrical connection lines allows each line to be user for separate functions like power activation, activating a light, preheating etc (Xeo, [0026]-[0032]), Xeo demonstrates that electrical signals (i. e. a temperature signal) can be delivered and received via the contacts (Xeo, [0026]-[0032]), and this involves combining prior art elements according to known methods to yield predictable results.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include multiple signal contacts at the interface corresponding to signal contacts of the vaporizer because Xeo demonstrates that there are three electrical connecting lines formed by sets of contacts ([0026]-[0031], Fig. 3), and explicitly states that the electrical connecting lines can, in principle, be divided into lines for transmitting electrical power and lines for transmitting signals (Xeo, [0032]). Therefore, it would have been obvious to one of ordinary skill in the art to try employing two signal contacts and one power contact because there is a finite number contacts and a finite list of options for the purpose of each contact.
Regarding Claims 9 and 10, Leadley in view of Xeo teaches the power source module according to claim 8. Leadley further teaches the module wherein the temperature measuring circuit is configured to detect a difference of a thermoelectric voltage at a thermocouple's sensing junction and a thermoelectric voltage at a reference junction, the power source module further comprising a further temperature sensor to sense the temperature of the reference junction ([0052], the aerosol provision system may thus include control circuitry comprising conventional thermocouple measurement circuitry (for example incorporating a suitable “cold” thermocouple junction, that is, a junction not located in or at the aerosol generator, in order to act as a reference junction) to allow the temperature of the electric heater to be determined from voltage measurements obtained from the thermocouple integrated into the heater),
but does not teach the module wherein the reference junction is formed by the signal contacts, wherein the further temperature sensor is arranged between the signal contacts of the power source module.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the signal contacts of Leadley in view of Xeo as the reference junction and arrange the further temperature sensor between the signal contacts because Leadley states that the reference junction should not be located at the heating element to be suitably “cold” (Leadley, [0052]), Leadley states that the reference junction can be electrically connected to a controller of the device (Leadley, [0052]), one of ordinary skill in the art would have understood that the signal contacts are suitably distanced from the heating element and are electrically connected to the power source module comprising the controller (Leadley, [0037]-[0043], Fig. 1; Signal contacts are located at cooperating engagement element 21 of device 20 (power source module) comprising controller 8. Heater is distanced from the signal contacts), and the disclosures in Leadley would have reasonably suggested to place the reference junction at the signal contacts.
Regarding Claim 18, Leadley does not teach the power source module wherein two or more signal contacts of the power source module are positioned on a circle concentric to at least one power contact of the power source module.
As applied to Claim 8, Leadley can be modified in view of Xeo such that the interface of the power source module includes an electrical power contact to transmit electrical power via a corresponding electrical power contact of the vaporizer to the heating element of the vaporizer and electrical signal contacts to receive a temperature signal from the temperature sensor of the vaporizer via the corresponding signal contacts of the vaporizer.
Xeo teaches a vaporizer ([0017], Fig. 1; The electronic cigarette of Fig. 1 comprises a vaporizer module 4) comprising:
an interface to connect the vaporizer to a corresponding interface at a power source module ([0017], Fig. 1; The electronic cigarette of Fig. 1 comprises a connection arrangement 2 (interface) to connect central battery module 3 (power source module) to vaporizer module 4),
wherein two or more contacts of the vaporizer are positioned on a circle concentric to at least one contact ([0026]-[0032], Figs. 1 and 3; Vaporizer module 4 comprises three contacts 12 located at ring surface 14b, first segment 14c left, and second segment 14c on the right. Segments 14c (two or more contacts) are positioned on a circle concentric to ring surface 14b (at least one contact)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the contacts of the power source module wherein two or more contacts of the vaporizer are positioned on a circle concentric to at least one contact as taught by Xeo because Leadley and Xeo are directed to vaporizers, Xeo demonstrates that this is a suitable configuration for multiple contacts for establishing mechanical and electrical connection (Xeo, [0026]-[0032], Figs. 1 and 3), and this involves combining prior art elements according to known methods to yield predictable results.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the signal contacts as the contacts on the circle concentric to a power contact because Xeo demonstrates that there are three electrical connecting lines formed by sets of contacts ([0026]-[0031], Fig. 3), and explicitly states that the electrical connecting lines can, in principle, be divided into lines for transmitting electrical power and lines for transmitting signals (Xeo, [0032]). Therefore, it would have been obvious to one of ordinary skill in the art to try employing two signal contacts as the outer contact and the power contact as the central contact because there is a finite number contacts and a finite list of options for the purpose of each contact.
Claims 11 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Leadley (US 2023/0346040 A1) as applied to Claim 7, and further in view of Aoshima (US 2004/0168513 A1).
Regarding Claim 11 and 15, Leadley does not teach the power source module wherein the temperature measuring circuit comprises a high impedance linear or non-linear differential amplifier, wherein the temperature measuring circuit and a power control coupled to the temperature measuring circuit are of analog design.
Aoshima, directed to vaporizers ([0003]-[0009]), teaches a smoking device ([0059], Fig. 6 shows an example of electric smoking device according to the invention) comprising:
a temperature measuring circuit comprises a high impedance linear or non-linear differential amplifier ([0059]-[0060], Fig. 6; Electric smoking device comprises a thermal flowmeter 24 within passage 23. [0041]-[0046], Figs. 1-3 show the thermal flowmeter 24 comprising a thermal flow sensor 13. Fig. 4 shows that thermal flow sensor 13 comprises temperature sensors Ru, Rd. Fig. 5 shows a circuit diagram of the temperature measuring circuit for the flowmeter 24. Bridge output voltage of the bridge circuit 3a which varies depending on change in resistance values of the temperature sensors Ru, Rd is detected by a differential amplifier 3b. All differential amplifiers must be either linear or non-linear)
wherein the temperature measuring circuit and a power control coupled to the temperature measuring circuit are of analog design ([0041]-[0046], Figs. 1-5; The circuit diagram shows that the circuit includes bridges, resistors, amplifiers (an analog design). The circuit does not involve analog to digital conversion. [0045], Voltage Vcc supplied from a predetermined power source is applied to the bridge circuit 2a through a transistor TR. [0047], Temperature sensors Ru, Rd are supplied a constant voltage. As Fig. 5 shows that the connections between the voltage Vcc is connected to transistor TR (and all other components) via wires, it is reasonably understood that the power control (the wires) are of an analog design).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the temperature measuring circuit of Leadley comprising a high impedance linear or non-linear differential amplifier wherein the temperature measuring circuit and a power control coupled to the temperature measuring circuit are of analog design as taught by because Leadley and Aoshima are directed to vaporizers, Aoshima demonstrates that an analog temperature measuring circuit and power control coupled to the temperature measuring circuit is suitable for accurately measuring the temperature of heater and controlling the power delivered to a heater in response (Aoshima, [0041]-[0047], Figs. 4-5), Aoshima demonstrates that a linear or non-linear differential amplifier can detect an output voltage corresponding to a temperature sensor (Aoshima, [0046]), and the temperature sensor of Leadley is configured to output a voltage (Leadley, [0050]-[0056], Figs. 1-2; Thermocouple 45 outputs a voltage).
Claims 13 are rejected under 35 U.S.C. 103 as being unpatentable over Leadley (US 2023/0346040 A1) as applied to Claim 7, and further in view of Debono (US 2016/0100631 A1) and Sayed (US 2022/0191979 A1).
Regarding Claim 13, Leadley does not teach the power source module wherein the temperature measuring circuit comprises its own power source galvanically insulated from the power contacts of the power source module.
Debono, directed to vaporizers ([0002]), teaches a vaporizer ([0003], Fig. 1; Vaporizer 100. [0032], Fig. 2 shows a temperature control unit (TCU) 10 which can be used in conjunction with the vaporizer 100 (FIG. 1)) comprising:
a first power source for supplying power to a heater ([0003], Fig. 1; Vaporizer 100 comprises a battery 1 (power source) for supplying power to atomizer 9 (heater)); and
a second power source for supplying power to a temperature measuring unit ([0032], Fig. 2; A temperature control unit (TCU) 10 which can be used in conjunction with the vaporizer 100 of Fig. 1. TCU 10 comprises it out power source 13. [0041], TCU 10 comprises thermocouples 14, 15 configured to measure a temperature).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the temperature measuring circuit with its own power source similarly taught by Debono because Leadley and Debono are directed to vaporizers, Debono demonstrates that providing a separate power source for a temperature measuring unit allows the individual power sources to optimized for their individual purposes (Debono, [0032]), and Debono demonstrates that providing separate power sources for the heater and temperature measuring unit is an obvious equivalent to providing a single power source for both (Debono, [0051]-[0053]), and this involves combining prior art elements according to known methods to yield predictable results.
Leadley in view of Debono does not teach the power source module wherein the power source of the temperature measuring circuit galvanically insulated from the power contacts of the power source module.
Sayed, directed to vaporizers ([0002]-[0003], [0018]), teaches a vaporizer ([0054], Fig. 1; Aerosol provision device 100) comprising:
a galvanically insulated power source ([0063]-[0064], Fig. 2-3; Aerosol provision device 100 comprises a power source 118. Power source 118 comprises a central support/ battery support/battery carrier 120 which surrounds the power source 118 as shown in Fig. 3. [0022], the battery support is electrically insulating to avoid shorting the battery. Power source 118 is galvanically insulated from other electrical components to avoid a short circuit).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to galvanically insulate the power source of the temperature measuring circuit from the power contacts of the power source module because Leadley demonstrates that the power contacts connect the battery of the power source to the heater (Leadley, [0037]-[0043], Fig. 1; Power contacts are located at engagement element 21, ad connect the battery 7 to the heater 4), and one of ordinary skill in the art would recognize that the power source of the temperature measuring circuit should be galvanically insulated from the other electrical components of the power module (e.g. battery, power contacts, other control components) to prevent a short circuit (Sayed, [0022]).
Claims 14 are rejected under 35 U.S.C. 103 as being unpatentable over Leadley (US 2023/0346040 A1) as applied to Claim 7, and further in view of Piewek (US 2023/0111292 A1)
Regarding Claim 14, Leadley does not teach the power source module wherein the temperature measuring circuit comprises an analog-to-digital converter and an element capable of performing integer computation of a digital output signal provided by the analog-to-digital converter.
Piewek, directed to temperature measurement ([0057]), teaches a temperature measuring circuit comprising an analog-to-digital converter and an element capable of performing an integer computation of the digital output signal provided by the analog-to-digital converter ([0057], Fig. 2 shows an example of a data set that contains a time series corresponding to a series of measurements. For example, consecutive measurement values of a physical variable such as temperature are detected. A sensor detects a temperature, which may generate a temperature signal which is delivered as an analog input to an analog-to-digital converter. The analog-to-digital converter converts the signal to a digital output signal. The digital output signal may be converted from floating-point numbers to integers).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the temperature measuring circuit of Leadley comprising an analog-to-digital converter and an element capable of performing an integer computation of a digital output signal provided by the analog-to-digital converter because Leadley and Piewek are directed to temperature measurement, Piewek demonstrates that temperature sensors often provide analog signals which must be converted to digital signals for further processing (Piewek, [0057]), and Piewek demonstrates that integers are faster to compute/compress/process than floating-point numbers (Piewek, [0031]-[0037]), and this involves combining prior art elements according to known methods to yield predictable results.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Leadley (US 2023/0346040 A1) as applied to Claim 7, and further in view of Xeo (DE 202014001717 U1, English Translation) and Estripeau (US 2020/0367566 A1).
Regarding Claims 16-17, Leadley does not teach the power source module wherein the interface of the power source module comprises a decoder to decode a target temperature encoded by the interface of the vaporizer module, wherein the interface of the power source module includes electrical signal contacts to receive a temperature signal from the temperature sensor of the vaporizer via the corresponding signal contacts of the vaporizer, and wherein the signal contacts of the power source module are positioned corresponding to predetermined optional positions of the signal contacts of the vaporizer, the target temperature is encoded in the positions of the signal contacts at the interface of the vaporizer, the decoder is configured to decode the target temperature on the basis of the signal contacts of the power source module which are contacted by the signal contacts of the vaporizer.
As applied to Claim 8, Leadley can be modified in view of Xeo such that the interface of the power source module includes an electrical power contact to transmit electrical power via a corresponding electrical power contact of the vaporizer to the heating element of the vaporizer and electrical signal contacts to receive a temperature signal from the temperature sensor of the vaporizer via the corresponding signal contacts of the vaporizer.
Xeo further teaches the power source module wherein the signal contacts of the power source module are positioned corresponding to predetermined optional positions of the signal contacts of the vaporizer ([0026]-[0031], Figs. 1 and 3; Looking at the connection arrangement 2 (interface) of Fig. 3, central battery module 3 (power source module) comprises three contacts 12 located at inner ring 12a, outer ring 14d, and radial projections 8c. Vaporizer module 4 comprises three contacts 12 located at ring surface 14b, segments 14c, and bayonet plate 8d which cooperate with inner ring 12a, outer ring 14d, and radial projections 8c respectively. As any of inner ring 12a, outer ring 14d, and radial projections 8c can be regard as signal contacts of central battery module 3, it is reasonably understood that the signal contacts of central battery module 3are positioned corresponding to predetermined optional positions of the signal contacts of vaporizer module 4).
Estripeau, directed to vaporizers ([0001], [0043]), teaches an electric smoking or vaporizing system ([0072], Fig. 3; Electrically operated aerosol generation system 36) comprising:
a vaporizer comprising a heating element ([0072], Fig. 3; Electrically operated aerosol generation system 36 comprises aerosol generation apparatus 2. Apparatus 2 comprises a device body 38 and a removable consumable 40. [0074]-[0076], Consumable 40 (vaporizer) comprises an atomizer 6 (heating element) configured to vaporize a stored aerosol generating precursor); and
a power source module ([0072]-[0073], Fig. 3; Electrically operated aerosol generation system 36 comprises aerosol generation apparatus 2. Apparatus 2 comprises a device body 38 and a removable consumable 40. Device body 38 (power source module) includes the power supply 4) comprising:
an interface to mechanically and electrically connect the power source module to a corresponding interface at the vaporizer ([0075]-[0076], Figs. 3-4; Device body 38 (power source module) comprises circuitry 8. Consumable 40 (vaporizer) comprises an information carrying medium 44. [0077], Circuitry 8 is configured to electrically connect to the information carrying medium 44 for transfer of encrypted information. [0086], Fig. 7; Circuitry 8 includes device detection terminals 72 arranged on the device body 38. When consumable 40 is docked with device body 38, device detection terminals 72 cooperate with corresponding consumable detection terminals 74 arranged on the consumable 40. [0089], Circuitry 8 can access the information on information carrying medium 44 when terminals 72, 74 are connected. Therefore, circuitry 8 and terminals 72 form an interface to mechanically and electrically connect the device body 38 (power source module) to a corresponding interface (information carrying medium 44 and terminals 74) at the consumable 40 (vaporizer)),
wherein the interface of the vaporizer comprises signal contacts ([0086], Fig. 7; The interface of consumable 40 (vaporizer) comprises consumable detection terminals 74 (signal contacts)),
wherein the interface of the power source module comprises signal contacts which cooperate with the signal contacts of the vaporizer ([0086], Fig. 7; Circuitry 8 (interface of the power source module) includes device detection terminals 72 (signal contacts) which cooperate with the consumable detection terminals 74 (signal contacts of the vaporizer));
wherein the interface of the power source module comprises a decoder to decode a target temperature encoded by the interface of the vaporizer module ([0017]-[0018], Figs. 3-4; The consumable 40 (vaporizer) may store an encoded target temperature. [0083], [0095], Figs. 6-7; The information carrying medium 44 (interface of the vaporizer) may encode the target temperature. [0018], [0077], Circuitry 8 (interface of the power source module) comprises a decoder capable of decrypting the information (target temp) delivered from the information carrying medium 44),
wherein the target temperature is encoded in the positions of the signal contacts at the interface of the vaporizer ([0086], Fig. 7; The interface of consumable 40 (vaporizer) comprises consumable detection terminals 74 (signal contacts). [0083], [0095], Figs. 6-7; The information carrying medium 44 (interface of the vaporizer) may encode the target temperature. [0089], Circuitry 8 can access the information on information carrying medium 44 when terminals 72, 74 are connected, and therefore, the target temperature must be encoded in the positions of terminals 74 (signal contacts)),
the decoder is configured to decode the target temperature on the basis of the signal contacts of the power source module which are contacted by the signal contacts of the vaporizer ([0018], [0075]-[0077], [0083]-[0095], The decoder of circuitry 8 is configured to decode the target temperature on the basis of the device detection terminals 72 (signal contacts of the power source module) which are contacted by the consumable detection terminals 74 (signal contacts of the vaporizer)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the power source module of Leadley in view of Xeo wherein the interface of the power source module comprises a decoder to decode a target temperature encoded by the interface of the vaporizer module, the target temperature is encoded in the positions of the signal contacts at the interface of the vaporizer, the decoder is configured to decode the target temperature on the basis of the signal contacts of the power source module which are contacted by the signal contacts of the vaporizer as taught by Estripeau because Leadley and Estripeau are directed to vaporizers, Estripeau demonstrates that storing an encoded target temperature in a vaporizer allows a power source module to operate with vaporizers having different target temperatures for different precursors (Estripeau, [0017]-[0018], [0084]), and that the encoding is useful for authentication of the device (Estripeau, [0016]), and this involves combining prior art elements according to known methods to yield predictable results.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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