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 .
Response to Amendment2. In an amendment dated, March 30, 2026, claims 1-18 are presented and are pending.
Response to Arguments
Applicant's arguments filed March 30, 2026 have been fully considered but they are not persuasive.
In the remarks filed on March 30, 2026 applicant argues prior art of record fails to disclose claimed limitation of independent claim 1 wherein “… at least two touch sensors have different activation sensitivities.” The office respectfully disagrees. Prior art Sur (Fig 4) discloses at least two touch sensors (i.e. capacitive sensor) used for user input. Prior art GuangHai is relied upon to show plurality of sensing elements (i.e. three touch-sensor buttons) used to perform an input wherein sensitivities 741-743 of the three touch-sensor buttons are different (See fig 7B) in order to detect touch input on each touch sensor button. Therefore it would have been obvious to an ordinary skill person in the art at the time of the filing to modify capacitive touch sensor of Sur such that activation sensitivity of touch sensor would be different in order to accurately differentiate user input on a small surface wherein the input sensors might be disposed close to each other.
As noted in an interview and recited in the previous action Prior art Sur clearly discloses aerosol delivery devices, a control body is coupled or coupleable with the cartridge to form an aerosol delivery device in which the heating element is configured to activate and vaporize components of the aerosol precursor composition. The control body comprises a control component configured to operate in an active mode in which the control body is coupled with the cartridge, the control component in the active mode being configured to control the heating element to activate and vaporize components of the aerosol precursor composition; and an input device including a capacitive sensor configured to detect a user input, the input device or control component being further configured to control operation of at least one functional element of the control body, cartridge or aerosol delivery device in response to the user input so detected. Thus the an input device including a capacitive sensor configured to control an operation of aerosol delivery device in response to the use input via input area. And prior art GuangHai clearly discloses plurality of capacitive touch/input sensor used to detect user input on said sensor and, each capacitive touch/input sensor having different activation sensitivity.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
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.
Claim(s) 1, 2, 4- 12, 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sur (Pg Pub NO 2017/0188627) in view of GuangHai (PG Pub NO 2007/0296709).
As in claim 1, Sur discloses an aerosol generation device (Fig 1-2) comprising a housing (shell 206) defining an external surface and comprising a controller configured to control (Par 0041, control component 208) operation of the aerosol generation device;
the housing (shell 206) further comprising a non-electrically conductive touch panel (input device 248) arranged on the external surface and comprising a plurality of touch sensors [(Fig 1-4 and Par 0064, 0070-0071) disclose the control body 102 may include an input device 248 including a capacitive sensor configured to detect a user input. The capacitive sensor may be or include a button, slider or wheel, or touchscreen or touchpad.], each touch sensor being associated to an operational function carried out by the controller and configured to be activated further to a user interaction with that touch sensor based on an activation sensitivity of that touch sensor; (Par 0065- 0067) discloses The input device 248 or control component 208 may be configured to control operation of at least one functional element of the control body 102, cartridge 104 or aerosol delivery device 100 in response to the user input as detected.,
wherein activation sensitivity of each touch sensor (404) is based on the operational function associated to that touch sensor (404), and wherein at least two touch sensors have different activation sensitivities. (Fig 4 and Par 0071) discloses the capacitive sensor may include a panel-covered substrate 402 on which one or more electrodes 404 are disposed. The electrodes may be included in number, shape and arrangement to individually or collectively implement an appropriate input device such as a button (two shown), slider or wheel, or touchscreen or touchpad. But fails to explicitly disclose at least two touch sensors have different activation sensitivities. However, GuangHai (Fig 7 and Par 0118-0120) discloses the three sensor elements (e.g., buttons 731-733) have different sensitivities because of the differing surface areas of the three sensor elements. Therefore it would have been obvious to an ordinary skill person in the art at the time of the filing to modify capacitive touch sensor of Sur such that activation sensitivity of touch sensor would be different in order to accurately differentiate user input on a small surface wherein the input sensors might be disposed close to each other.
As in claim 2, Sur in view of GuangHai discloses the aerosol generation device (Sur; Fig 1-2) according to claim 1, wherein the touch panel comprises a printed circuit board, a plurality of conductive pads (404) arranged on the printed circuit board and a guard channel (408) arranged on the printed circuit board (substrate 402 formed of a circuit board) at least partially around the conductive pads (404), each touch sensor being formed by a conductive pad and at least a part of the guard channel. Sur (Fig 4 and Par 0071-0072) discloses [0071] FIG. 4 illustrates a capacitive sensor 400 that in some examples may correspond to the capacitive sensor 304 of FIG. 3. As shown, the capacitive sensor may include a panel-covered substrate 402 on which one or more electrodes 404 (sometimes referred to more simply as the sensors) are disposed. The electrodes may be included in number, shape and arrangement to individually or collectively implement an appropriate input device such as a button (two shown), slider or wheel, or touchscreen or touchpad. In some examples, the substrate and electrodes may be formed of a circuit board, flexible circuit board, indium tin oxide (ITO) or the like. And [0072] discloses the capacitive sensor 400 may include the capacitive sensor electrode/pad, guard sensor 408 configured to detect above a threshold level of liquid on the capacitive sensor.
As in claim 4, Sur in view of GuangHai discloses the aerosol generation device (Sur; Fig 1-2) according to claim 2, wherein the activation sensitivity of at least one touch sensor is determined by a surface area of the corresponding conductive pad. GuangHai (Fig 7 and Par 0118-0120) discloses the three sensor elements (e.g., buttons 731-733) have different sensitivities because of the differing surface areas of the three sensor elements.
As in claim 5, Sur in view of GuangHai discloses the aerosol generation device (Sur; Fig 1-2) according to claim 2, wherein the activation sensitivity of at least one touch sensor is determined by a size of the corresponding conductive pad in comparison with a size of at least one conductive pad adjacent to said conductive pad. GuangHai (Fig 7 and Par 0118-0120) discloses the three sensor elements (e.g., buttons 731-733) have different sensitivities because of the differing surface areas of the three sensor elements. [0122] As described above, the buttons 731-733 of sensing device 700 include differing surface areas. The sensing area of button 732 is greater than the surface area of button 733. The sensing area of button 731 is greater than the surface area of button 732 and button 733.
As in claim 6, Sur in view of GuangHai discloses the aerosol generation device (Sur; Fig 1-2) according to claim 2, wherein the touch panel further comprises an output unit and for each conductive pad, a track arranged on the printed circuit board and connecting the corresponding conductive pad to the output unit. Sur (Fig 3 and par 0070) discloses excitation 302 configured to drive a capacitive sensor 304 configured to measure a change in capacitance in the presence of a nearby object such as a user's finger or other instrument to effect user input. The measured capacitance may be provided to a capacitance-to-digital converter (CDC) 306 configured to convert the capacitance to a corresponding digital signal; GuangHai (Fig 1B, 2) discloses the connection of output unit and for each conductive pad wherein each pad are connected to output unit via pin through connection tracer. Therefore it would have been obvious to an ordinary skill person in the art at the time of the filing to modify Sur with well-known connection of conductive pad with output unit (i.e. capacitive sensor) via the teaching of GuangHai to yield same predictable result.
As in claim 7, Sur in view of GuangHai discloses the aerosol generation device (Sur; Fig 1-2) according to claim 6, wherein a total surface area of each track is less than 30% of a surface area of the corresponding conductive pad. GuangHai (Fig 1B, 7) discloses total surface area of each track (i.e. connecting line) is less than a surface area of the corresponding conductive pad. Furthermore, it would have been an obvious design choice to have surface area ratio between the track (i.e. connecting line) and conductive pad be less than 30%. Thus, it would have been obvious to a skilled person in the art at the time of the filing to optimize the total surface area of each track is less than 30% of a surface area of the corresponding conductive pad, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)
As in claim 8, Sur in view of GuangHai discloses the aerosol generation device (Sur; Fig 1-2) according to claim 6, wherein the output unit is configured to detect activation of at least one touch sensor according to its activation sensitivity, generate a respective activation signal, and transmit said activation signal to the controller. GuangHai (Fig 7 and Par 0118-0120) discloses [0120] In one embodiment, the processing device 210 is configured to detect a presence of a conductive object on the sensing device 700, which has the three sensor elements that are electrically coupled. The three sensor elements correspond to the three button operations to be performed by the conductive object. The processing device 210 is also configured to distinguish a particular button operation from among the three button operations of buttons 731-733.
As in claim 9, Sur in view of GuangHai discloses the aerosol generation device (Sur; Fig 1-2) according to claim 6, wherein the output unit is configured to detect capacitance change of at least one touch sensor and transmit said capacitance change to the controller. GuangHai (Fig 2, 7 and Par 0037, 0039) discloses capacitance sensor 201 include analog I/O for coupling to touch-sensor pad and configured to detect capacitance change of at least one touch sensor and transmit said capacitance change to the controller (i.e. processing device)
As in claim 10, Sur in view of GuangHai discloses the aerosol generation device (Sur; Fig 1-2) according to claim 9, wherein the controller is further configured to analyze each received capacitance change and based on the analysis, detect activation of the corresponding touch sensor according to its activation sensitivity. GuangHai (Fig 2, 7 and Par 0037, 0039) discloses the operation of touch-sensor pad, capacitance sensor 201 and controller (i.e. processing device).
As in claim 11, Sur in view of GuangHai discloses the aerosol generation device (Sur; Fig 1-2) according to claim 10, wherein the activation sensitivity of at least one touch sensor is determined dynamically by the controller based on the operational function associated to the touch sensor. GuangHai (Fig 7 and Par 0118-0120) discloses [0120] In one embodiment, the processing device 210 is configured to detect a presence of a conductive object on the sensing device 700, which has the three sensor elements that are electrically coupled. The three sensor elements correspond to the three button operations to be performed by the conductive object. The processing device 210 is also configured to distinguish a particular button operation from among the three button operations of buttons 731-733.
As in claim 12, Sur in view of GuangHai discloses the aerosol generation device (Sur; Fig 1-2) according to claim 1, wherein a activation sensitivity of least one touch sensor is chosen to cause activation of the sensor further to a contactless user interaction with the sensor. Sur (Par 0064) discloses the capacitive sensor may be or include a three-dimensional capacitive sensor configured to detect a presence of an object nearby the control body, and thereby the user input, without requiring any physical contact with the object.
As in claim 15, Sur in view of GuangHai discloses a controlling method of an aerosol generation device (Sur; Fig 1-4) according to claim 1, comprising the following steps:
determining the activation sensitivity for each touch sensor (404) based on the operational function associated to the touch sensor (404) (Par 0065- 0067) discloses The input device 248 or control component 208 may be configured to control operation of at least one functional element of the control body 102, cartridge 104 or aerosol delivery device 100 in response to the user input so detected.,; setting different activation sensitivities for at least two of the touch sensors; activating the operational function associated to a touch sensor further to a user interaction with the touch sensor; according to the activation sensitivity of the touch sensor. [0070] As shown in FIG. 3, the input device may include a source of excitation 302 configured to drive a capacitive sensor 304 configured to measure a change in capacitance in the presence of a nearby object such as a user's finger or other instrument to effect user input. The measured capacitance may be provided to a capacitance-to-digital converter (CDC) 306 configured to convert the capacitance to a corresponding digital signal. This digital signal may be passed to a microprocessor 308 or other digital processing logic, which may be onboard the input device or in some examples part of the control component 208. The microprocessor may be in turn configured to control operation of at least one functional element in response to the digital signal and thereby the user input. (Fig 4 and Par 0071) discloses the capacitive sensor may include a panel-covered substrate 402 on which one or more electrodes 404 are disposed. The electrodes may be included in number, shape and arrangement to individually or collectively implement an appropriate input device such as a button (two shown), slider or wheel, or touchscreen or touchpad. But fails to explicitly disclose at least two touch sensors have different activation sensitivities. However, GuangHai (Fig 7and Par 0118-0120) discloses the three sensor elements (e.g., buttons 731-733) have different sensitivities because of the differing surface areas of the three sensor elements. Therefore it would have been obvious to an ordinary skill person in the art at the time of the filing to modify capacitive touch sensor of Sur such that activation sensitivity of touch sensor would be different in order to accurately differentiate user input on a small surface wherein the input sensors might be disposed close to each other.
As in claim 16, Sur in view of GuangHai discloses the aerosol generation device (Sur; Fig 1-2) according to claim 7, wherein the total surface area of each track is less than 10% of the surface area of the corresponding conductive pad. GuangHai (Fig 1B, 7) discloses total surface area of each track (i.e. connecting line) is less than a surface area of the corresponding conductive pad. Furthermore, it would have been an obvious design choice to have surface area ratio between the track (i.e. connecting line) and conductive pad be less than 10%. Thus, it would have been obvious to a skilled person in the art at the time of the filing to optimize the total surface area of each track is less than 10% of a surface area of the corresponding conductive pad, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955)
Claim(s) 13, 14, 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sur (Pg Pub NO 2017/0188627) in view of GuangHai (PG Pub NO 2007/0296709) and in further view of Wai (PG Pub NO 2009/0033635).
As in claim 13, Sur in view of GuangHai discloses the aerosol generation device (Sur; Fig 1-2) according to claim 2, wherein: the touch panel extends according to an extension axis of the device; the conductive pads are arranged along the extension axis; and the guard channel is arranged on a periphery of the printed circuit board. , Sur (Fig 4 and Par 0071) discloses capacitive touch sensor conductive pad (electrodes) and the guard channel formed on a periphery of the substrate formed of a circuit board. But fails to explicitly disclose the touch panel extends according to an extension axis of the device; the conductive pads are arranged along the extension axis. However, Wai (Fig 2, 4E, 8B, 8D) discloses touch sensitive capacitor sensor 20 constructed on a printed circuit board, the sensor 20 may include a middle sensor pad 22 surrounded by a peripheral sensor pad 24 and a ground. FIGS. 8A-8D, various touch sensor panels having exemplary arrangements of sensor regions. FIG. 8B illustrates a substantially rectangular instrument 810 having substantially linearly-arranged touch sensor panels 160 defining four touch sensor regions 300 that may operate as four separate buttons and/or as buttons. Thus Wai discloses touch panel extends according to an extension axis of the device; the conductive pads are arranged along the extension axis. Therefore it would have been obvious well-known design choice to an ordinary skill person in the art at the time of the filing to modify Sur device having touch input disposed on housing (shell 206) with the teaching of Wai wherein the touch input is disposed in extension axis of the device as an alternat method of disposing touch panel on a given device.
As in claim 14, Sur in view of GuangHai in further view of Wai discloses the aerosol generation device (Sur; Fig 1-2) according to claim 13, wherein a length of the touch panel along the extension axis is less than 50 mm. Wai (Fig 2, 4E, 8B, 8D) discloses touch sensitive capacitor sensor comprising conductive pads (i.e. touch sensing region) are arranged along the extension axis. Therefore, it would have been an obvious design choice to have the length of the touch panel along the extension axis is less than 50 mm depending on the size of said device. Thus, it would have been obvious to a skilled person in the art at the time of the filing to optimize the length of the touch panel along the extension axis is less than 50 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
As in claim 17, Sur in view of GuangHai in further view of Wai discloses the aerosol generation device (Sur; Fig 1-2) according to claim 14, wherein the length of the touch panel along the extension axis is less than 40 mm. Wai (Fig 2, 4E, 8B, 8D) discloses touch sensitive capacitor sensor comprising conductive pads (i.e. touch sensing region) are arranged along the extension axis. Therefore, it would have been an obvious design choice to have the length of the touch panel along the extension axis is less than 40 mm depending on the size of said device. Thus, it would have been obvious to a skilled person in the art at the time of the filing to optimize the length of the touch panel along the extension axis is less than 40 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
As in claim 18, Sur in view of GuangHai in further view of Wai discloses the aerosol generation device (Sur; Fig 1-2) according to claim 17, wherein the length of the touch panel along the extensions axis is equal to approximately 30 mm. Wai (Fig 2, 4E, 8B, 8D) discloses touch sensitive capacitor sensor comprising conductive pads (i.e. touch sensing region) are arranged along the extension axis. Therefore, it would have been an obvious design choice to have the length of the touch panel along the extension axis is less than 30 mm depending on the size of said device. Thus, it would have been obvious to a skilled person in the art at the time of the filing to optimize the length of the touch panel along the extension axis is less than 30 mm, since it has been held that where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sur (Pg Pub NO 2017/0188627) in view of GuangHai (PG Pub NO 2007/0296709) and in further view of Zielazek et al (WO 2019/122874).
As in claim 3, Sur in view of GuangHai discloses the aerosol generation device (Sur; Fig 1-2) the aerosol generation device according to claim 2, Sur (Fig 4 and Par 0071) discloses capacitive touch sensor conductive pad (electrodes) and the guard channel formed of a circuit board. GuangHai (Fig 7 and Par 0118-0120) discloses sensor elements have different sensitivities because of the differing surface areas of the three sensor elements But fails to explicitly disclose activation sensitivity of at least one touch sensor is determined by a distance between a corresponding conductive pad and the guard channel. However Zielazek et al (Fig 1 and Page 7 line 16-26 ) discloses the touch sensitive elements 16. More particularly, capacitance measurement circuitry arranged to make capacitance measurements associated with respective ones of the touch sensitive elements 16. And (Page 9 line 33-23) discloses the field of capacitive sensing, the extent of a sensing region for a sensor element (i.e. the space in which an object may be detected around the sensor element) will depend on factors such as the geometry of the sensor element, the arrangement of any adjacent guard electrodes and the sensitivity of the capacitance measurement circuitry and its detection threshold. Therefore it would have been obvious to an ordinary skill person in the art at the time of the filing to modify capacitive touch sensor of Sur in view of GuangHai with the teaching of Zielazek et al capacitive sensor wherein activation sensitivity of at least one touch sensor is determined by a distance between a corresponding conductive pad and the guard channel (i.e. arrangement of any adjacent guard electrodes and the sensitivity of the capacitance measurement) in order to yield same predictable resalt (i.e. detect user input).
Conclusion
THIS ACTION IS MADE FINAL. 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 BENYAM KETEMA whose telephone number is (571)270-7224. The examiner can normally be reached 9AM-5PM (M-F).
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/BENYAM KETEMA/Primary Examiner, Art Unit 2626
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