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 .
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:
“a controller configured to control turn-on and turn-off of the first switch tube and the second switch tube in a PWM manner” in claims 11 and 18.
“an overcurrent monitoring unit configured to monitor a current flowing through the resistor” in claims 11 and 18.
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.
“a controller” (claim 11 and claim 18) is interpreted as “MCU (Microcontroller Unit) controller” [0085].
“an overcurrent monitoring unit” (claim 11 and claim 18) is interpreted as “in FIG.3, the overcurrent monitoring unit 26 includes two operational amplifiers, namely, an operational amplifier U2 and an operational amplifier U3” [0089].
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.
Examiner’s Remark
Examiner noted that the claimed “a first switch tube and a second switch tube” as shown in fig.3, Q1 (i.e., MOSFETS symbol) and Q2 (i.e., MOSFETS symbol) can be used interchangeably between “switch tube” and “MOSFETS” because the drawing clearly shows Q1 and Q2 is MOSFETS symbol. Additionally, MOSFET is commonly referred to as a “switch tube” or (MOS tube) or “switch valve” in a general, functional classification (hence, broader term) for a voltage controlled electrical switch. Therefore, MOSFET (narrower term) is a type of switch tube (broader term).
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(s) 1-8, 10, 13-17 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2017519492A in view of Fernando et al. (US 2009/0230117).
Regarding claim 1, ‘492 discloses “an aerosol generation device” (abstract, i.e., An electrically heated aerosol generating system comprising an aerosol generating device and a cartridge configured for use with the device. figs.1 shows an example of aerosol generation system and 16B shows the example of a drive circuit for the aerosol generation system. Fig.6 shows cartridge housing), “configured to heat an aerosol generation product to generate aerosols for inhalation” (intended use. Abstract, i.e., there is also a system in which the susceptor element is arranged to heat the aerosol-forming substrate. On page 2, i.e., One type of aerosol generation system is electronic cigarettes. Electronic cigarettes generally use a liquid aerosol-forming substrate that is vaporized to form an aerosol), and comprising:
“a chamber” (fig.1, 100 forms a chamber that configured to receive the cartridge), “configured to receive the aerosol generation product” (on page 3, i.e., The cartridge 200 includes a cartridge housing 204 that holds capillary material and is filled with a liquid aerosol-forming substrate.);
“a cell, comprising a first electrode and a second electrode” (The DC power source including the battery 101 inherently having a positive electrode (cathode) and a negative electrode (anode), which work together in order to produce electricity);
“a first switch tube and a second switch tube” (fig.16B, 1210 and fig.16B, 1212. As noted in Examiner’s Remark above, a MOSFET is a type of switch tube);
“an LCC oscillator” (fig.16B, L2, C1 and C2), comprising “an inductance coil” (fig.16B, L2), “a first capacitor” (fig.16B, C1), and “a second capacitor” (fig.16B, C2), wherein “a first end of the first capacitor” (one end of C1 (i.e., top end of C1)) is connected to “the first electrode” (positive side of 101 (top end of 101)), and “a second end of the first capacitor” (another end of C1 (i.e., a bottom end of C1)) is connected to “a first end of the second capacitor” (one end of C2 (i.e., top end of C2)); “a second end of the second capacitor” (another end of C1 (i.e., a bottom end of C1)) is connected to “the second electrode” (negative side of 101 (i.e., bottom end of 101));
“a first end of the inductance coil” (one of L2 (i.e., right end of L2)) is connected to “the second end of the first capacitor” (another end of C1 (i.e., bottom end of C1)), and “a second end of the inductance coil” (another end of L2 (i.e., left end of L2)) is connected to “the first electrode” (positive side of 101 (i.e., the top side of 101). Examiner noted that L2 connected to positive side of battery 101 via MOSFET 1210) through “the first switch tube” (1210) and is connected to “the second electrode” (negative side of the battery 101) through “the second switch tube” (1212 (hence, connected to negative side of battery when 1212 conducts)); and
“the first switch tube and the second switch tube are configured to be turned on and turned off alternately, to guide an alternating current to flow through the inductance coil” (1210 and 1212. On page 7, i.e., The switch is controlled at high frequency in a manner that ensures that one of the two transistors 1210, 1212 is off when the other of the two transistors is on), so as to drive “the inductance coil” (L2) “to generate a variable magnetic field” (inductor is configured to generate variable magnetic field (i.e., when MOSFETS switching alternatively so that L2 is not constant and the magnetic field L2 expands and collapses continuously so as to generate a variable magnetic field)); and
“a susceptor” (fig.16B, R), “configured to be penetrated by the variable magnetic field to generate heat” (on page 6, i.e., the power distributed in the susceptor element (eddy current loss, hysteresis loss) generates heat in the susceptor element), “to heat the aerosol generation product received in the chamber” (Abstract, i.e., there is also a system in which the susceptor element is arranged to heat the aerosol-forming substrate).
‘492 is silent regarding wherein at least one of the first capacitor and the second capacitor comprises at least two capacitors connected in parallel.
Fernando et al. teaches “at least one of the first capacitor and the second capacitor comprises at least two capacitors connected in parallel” (fig.3, first capacitor includes one of 305 and one of 307 connected in parallel when charged and the second capacitor includes another one of 305 and another one of 307 connected in parallel when charged when S4 and S5 closed and S1-3 opened). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify ‘492 with Fernando et al., by modifying ‘492’s capacitors according to Fernando et al.’s capacitors and switch arrangement, to increase efficiency of the overall system (para.0013) as taught by Fernando.
Regarding claim 2, ‘492 discloses “the first switch tube and the second switch tube are configured to guide the alternating current through cycles; and each cycle” (On page 7, i.e., The switch is controlled at high frequency in a manner that ensures that one of the two transistors 1210, 1212 is off when the other of the two transistors is on. Examiner noted that each turn of “ON and Off” refers to a cycle) comprises:
“a positive half part, wherein the first switch tube is turned on and the second switch tube is turned off” (1210 is turned on and the second tube 1212 is turned off), “to recharge the first capacitor after the first capacitor is discharged and the second capacitor is charged” (C1 discharged and C2 charged), so as to guide “the current in a positive direction of the inductance coil” (L2); and “a negative half part, wherein the first switch tube is turned off and the second switch tube is turned on, to recharge the second capacitor after the first capacitor is charged and the second capacitor is discharged, so as to guide the current in a negative direction of the inductance coil” (1210 is turned off and the second switch tube 1212 is turned on to recharge the second capacitor C2 to recharge C2 after the first capacitor C1 is charged and the second capacitor C2 is discharged so as to guide the current in a negative direction of the inductance coil L2).
Regarding claims 3 and 13, ‘492 discloses “the first switch tube and the second switch tube are turned on and turned off according to a zero current switch inverter topology” (On page 7, i.e., The switch is controlled at high frequency in a manner that ensures that one of the two transistors 1210, 1212 is off when the other of the two transistors is on. This suggest the zero current switch inverter topology or a power conversion technique), to guide the alternating current to flow through “the inductance coil” (L2).
Regarding claims 4 and 14, ‘492 discloses “the LCC oscillator is always kept to be weak inductive” (fig.16B, L2, C1 and C2 always kept to be inductive when in operation).
Regarding claim 5, ‘492 discloses “the first switch tube and the second switch tube are switched at different times” (On page 7, i.e., The switch is controlled at high frequency in a manner that ensures that one of the two transistors 1210, 1212 is off when the other of the two transistors is on).
Regarding claim 6, ‘492 discloses a time at which one of the first switch tube and the second switch tube is turned off is earlier than a time at which the other is turned on” (On page 7, i.e., The switch is controlled at high frequency in a manner that ensures that one of the two transistors 1210, 1212 is off when the other of the two transistors is on. Examiner noted that since 1210 and 1212 is alternatively turn on and off thus, then one of switch tube is earlier than a time at which the other is turned on).
Regarding claims 10 and 17, ‘492 discloses “a controller” (on page 7, i.e., Two switching elements 1220 and 1222. Examiner noted that 1220 and 1222 collectively forms a controller), configured “to control turn-on and turn-off of the first switch tube and the second switch tube in a PWM manner” (on page 7, i.e., Two switching elements 1220 and 1222 are provided for switching the two transistors 1210 and 1212 on and off)).
Regarding claims 7 and 15, ‘492 discloses “the first capacitor and the second capacitor The values of L1, C1 and C2 can be selected to maximize the efficient distribution of power within the susceptor element).
‘492 does not explicitly teach the first capacitor and the second capacitor have an equal capacitance value.
Fernando et al. teaches “the first capacitor and the second capacitor have an equal capacitance value” (supercapacitors 105 (i.e., each 2.5 V and 10V in total)). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify ‘492 with Fernando et al., by modifying 492’s capacitors with 492’s Fernando et al. capacitors, to provide desired output voltage.
Regarding claims 8 and 16, ‘492 discloses a maximum voltage of the first capacitor and/or the second capacitor is greater than an output voltage of the cell.
Fernando et al. teaches “a maximum voltage of the first capacitor and/or the second capacitor” (supercapacitors 105 (i.e., each 2.5 V and 10V in total)) is greater than “an output voltage of the cell” (a single Li-ion cell 103 providing a voltage of 3.7 V). It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify ‘492 with Fernando et al., by modifying 492’s capacitors and battery output voltage with 492’s Fernando et al. capacitors and battery output voltage, to provide desired output voltage.
Regarding claim 19, modified ‘492 discloses “both the first capacitor and the second capacitor comprise at least two capacitors connected in parallel” (Fernando, fig.3, first capacitor includes one of 305 and one of 307 connected in parallel when charged and the second capacitor includes another one of 305 and another one of 307 connected in parallel when charged when S4 and S5 closed and S1-3 opened. Also see [0013]).
Allowable Subject Matter
Claims 11 and 18 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.
Response to Arguments
Applicant's arguments filed 06/10/2026 have been fully considered but they are not persuasive.
Applicant argues “35 USC 112b …” on page 2.
In response, the amendment to claims 4 and 14 overcome 35 USC 112b. Thus, 35 USC 112b rejections have been withdrawn.
Applicant argues “35 USC 102 … 35 USC 103 …” on pages 2-4 of remark.
In response, the amendment to claims changed the scope of invention (hence, not from original claim 9) and overcome prior rejections. Thus, examiner provided a reference with respect to independent claim 1. Fernando et al. (US 2009/0230117) teaches capacitors connected in parallel when charged and connected in series when discharged. The first capacitor and second capacitor can be user defined. Please see rejections above for examiner’s interpretation.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY CHOU whose telephone number is (571)270-7107. The examiner can normally be reached Mon-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward Landrum can be reached at (571) 272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIMMY CHOU/Primary Examiner, Art Unit 3761
Prosecution Insights