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
Applicant’s election without traverse of Group I, Species A claims 1-9 and 11-18 in the reply filed on 11/14/2025 is acknowledged.
Claims 10 and 19-27 are hereby withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group and species combination there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/14/2025.
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.
Claims 1-9 and 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kaufman (U.S. Patent Application Publication No. 2019/0313695) in view of Iida (U.S. Patent Application Publication No. 2018/0242407).
Regarding claim 1.
Kaufman discloses:
An apparatus for an aerosol generating device comprising:
a first resonant circuit(302 304) comprising one or more inductive elements(204 206) and one or more capacitive elements(305), wherein the one or more inductive elements of the first resonant circuit are for inductively heating a first susceptor(202) arrangement to heat an aerosol generating material to thereby generate an aerosol(abstract);
a first switching (308)arrangement having a first state(400b/c/d) and a second state(400f), wherein, in the first state, a varying current generated from a voltage supply flows through the one or more inductive elements of the first resonant circuit(See Fig. 4, 400/b/c/d) and, in the second state, the first switching arrangement is non-conducting(400f) ([0040]); and
a control module(318[0040]) providing a first control signal for switching elements of the first switching arrangement, wherein the control module implements a heating phase of operation and a non-heating phase of operation of the first resonant circuit, wherein during the heating phase of operation, the first switching arrangement switches, under the control of the control module, between instances of the first state and instances of the second state(See Fig. 4, and [0042]),
Kaufman does not disclose:
wherein each instance of the second state has a duration that is at least half an oscillation cycle of the first resonant circuit.
In related art, Iida discloses:
wherein each instance of the second state has a duration that is at least half an oscillation cycle of the first resonant circuit. ([0048]-[0049], off time is half the time of the switching cycle).
Iida discloses that the recited features provides the benefit of decreased output electric power and avoiding short circuiting of the device, and provides enhanced output electric power. See [0049] and Fig. 3. It would have been obvious to set the duration of the off cycle to be at least half of the cycle of the circuit of the device of Kaufman and the features of claim 1 would have been obvious to one having ordinary skill in the art.
Regarding claim 2.
Kaufman discloses:
The apparatus as claimed in claim 1, wherein the one or more inductive elements(204 206) and the one or more capacitive elements(306) are arranged in parallel (204 206 and 306 in parallel).
Regarding claim 3.
Kaufman discloses all of the features of claim 1
Kaufman does not disclose:
The apparatus as claimed in claim 1, further comprising a set duration of each second state in the heating phase of operation in which each instance of the second state has a duration that is at least half an oscillation cycle of the first resonant circuit that is expected to occur during normal operation of the apparatus.
In related art, Iida discloses:
wherein each instance of the second state has a duration that is at least half an oscillation cycle of the first resonant circuit. ([0048]-[0049], off time is half the time of the switching cycle).
The apparatus as claimed in claim 1, further comprising a set duration of each second state in the heating phase of operation in which each instance of the second state has a duration that is at least half an oscillation cycle of the first resonant circuit that is expected to occur during normal operation of the apparatus.
Iida discloses that the recited features provides the benefit of decreased output electric power and avoiding short circuiting of the device, and provides enhanced output electric power. See [0049] and Fig. 3. As such, the features of claim 3 would have been obvious to one having ordinary skill in the art.
Regarding claim 4.
Kaufman discloses
The apparatus as claimed in claim 1, wherein each instance of the first state has a fixed duration. (See [0050] disclosing that the switching is based on the inductance of the first coil and capacitance of the first cap. 206.).
The first state and second state could be fixed or viable. IT would have been obvious try to make the states fixed for the obvious benefit of simplifying the device by using components with fixed inductance and capacitance. See MPEP 2143(III)(E). Here, there are a finite number of solutions, predictable results and a reasonable expectation fo success. As the features of claim 4 would have been obvious to one having ordinary skill in the art.
Regarding claim 5.
Kaufman discloses
The apparatus as claimed in claim 1, wherein the first switching arrangement comprises a transistor switch. ([0035], 308 and 312 being FETs )
Regarding claim 6.
Kaufman discloses all of the features of claim 1:
Kaufman does not disclose:
The apparatus as claimed in claim 1, wherein in the heating phase of operation, the first control signal switches the first switching arrangement between the first state and the second state at a fixed frequency.
In related art, Iida discloses:
The apparatus as claimed in claim 1, wherein in the heating phase of operation, the first control signal switches the first switching arrangement between the first state and the second state at a fixed frequency. ([0048]-[0049], off time is half the time of the switching cycle). Iida discloses that the recited features provides the benefit of decreased output electric power and avoiding short circuiting of the device, and provides enhanced output electric power. See [0049] and Fig. 3. As such, the features of claim 6 would have been obvious to one having ordinary skill in the art.
Regarding claim 7
Kaufman discloses all of the features of claim 1:
Kaufman does not disclose:
. The apparatus as claimed in claim 6, wherein the fixed frequency is 250 kHz.
In related art, Iida discloses:
Discloses that the frequency is variable, and the device may handle a higher frequency heat radiation of the driving unit 50 is ok allowing a heat sink to be reduced in size.([0043], [0048]-[0049], off time is half the time of the switching cycle). Iida discloses that the recited features provides the benefit of decreased output electric power and avoiding short circuiting of the device, and provides enhanced output electric power. See [0049] and Fig. 3. As such, the features of claim 7 would have been obvious to one having ordinary skill in the art.
Regarding claim 8.
Kaufman discloses
The apparatus as claimed in claim 1, wherein the control module(106) sets at least one of a frequency or a duty cycle of the heating phase and the non-heating phase of operation.([0016]-[0019] [0031]-[0033][0040])
Regarding claim 9.
Kaufman discloses
The apparatus as claimed in claim 8, wherein at least one of the frequency or the duty cycle of the heating phase and the non-heating phase of operation is set dependent on a heating requirement of the apparatus.(Fig. 4, frequency, and duty cycles set based on the heating requirement of the device, which is to vaporize the material. See abstract all of the features are regarded as being set based on the heating requirements of the apparatus.)
Regarding claim 11.
Kaufman discloses
The apparatus as claimed in claim 1, further comprising a temperature sensor for measuring a temperature of a device to be heated. (208 210 and [0029])
Regarding claim 12.
Kaufman discloses all of the features of claim 1.
Kaufman does not disclose:
The apparatus as claimed in claim 1, further comprising:
a second resonant circuit comprising one or more inductive elements and one or more capacitive elements, wherein the one or more inductive elements of the second resonant circuit are for inductively heating a second susceptor arrangement to heat an aerosol generating material to thereby generate an aerosol;
a second switching arrangement having a first state and a second state, wherein, in the first state, a varying current generated from the voltage supply flows through the one or more inductive elements of the second resonant circuit and, in the second state, the second switching arrangement is non-conducting;
wherein the control module provides a second control signal for switching elements of the second switching arrangement, wherein the control module implements a heating phase of operation and a non-heating phase of operation of the second resonant circuit, wherein during the heating phase of operation, the second switching arrangement switches, under the control of the control module, between instances of the first state and instances of the second state, wherein each instance of the second state has a duration that is at least half an oscillation cycle of the second resonant circuit.
However, the recited features are a mere duplication of parts of Kaufman addressed above with respect to claim 1. This duplication of parts would allow for additional material to be heated in a the additional susceptor, yet would produce no new and unexpected result. As such, the duplication of parts would have been obvious. See MPEP 2144.04(VI)(B).
Regarding claim 13.
Kaufman discloses
The apparatus as claimed in claim 12, wherein the second switching arrangement comprises a transistor switch. ([0035], 308 and 312 being FETs )
Regarding claim 14. Kaufman discloses
The apparatus as claimed in claim 13, wherein the inductive element of the first resonant circuit is provided at or near a distal end of an element to be heated and the inductive element of the second resonant circuit is provided at or near a mouth end of the element to be heated.(See Fig. 1, mouth piece at 101a and one coil at distal end and other at mouthpiece end, 206 and 204)
Regarding claim 15.
Kaufman discloses
The apparatus as claimed in claim 14, wherein at least one of the frequency or the duty cycle of the heating phase and the non-heating phase of operation of the first resonant circuit and the second resonant circuit are set dependent on heating requirements at the distal end and the mouth end of the element to be heated, respectively. (device set up based on requirements of heating material at 101a, [0015])
Regarding claim 16.
Kaufman discloses
Kaufman does not disclose:
The apparatus as claimed in claim 12, wherein the control module sets at least one of a frequency and/or or a duty cycle of the heating phase and the non-heating phase of operation such that the heating modes of the first resonant circuit and the second resonant circuit are non-overlapping.
However, the duty cycles and frequences may be set to overlap or not overlap. Kaufman discloses that the power source is a battery 108, and as such, it would have been obvious to set the duty cycles to not overlap so that the power may be delivered to each of the circuits as needed. That is, the features would have been obvious to try. IT would have been obvious try to make the duty cycles of each of the circuits not overlap for the obvious benefit of allowing the power to be delivered to each circuit as needed. See MPEP 2143(III)(E). Here, there are a finite number of solutions, predictable results and a reasonable expectation of success. As the features of claim 16 would have been obvious to one having ordinary skill in the art. See MPEP 2143(III)(E).
Regarding claim 17.
Kaufman discloses
The apparatus as claimed in claim 1, wherein the one or more inductive elements are inductive coils. (204 and 206)
Regarding claim 18.
Kaufman discloses
The apparatus as claimed in claim 1, wherein the voltage supply is a DC voltage supply. (108 being DC)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT G BACHNER whose telephone number is (571)270-3888. The examiner can normally be reached on Monday-Friday, 10-6 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ajay Ojha can be reached at (571)273-8936. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT G BACHNER/Primary Examiner, Art Unit 2898