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 with traverse of Group I, Species B in the reply filed on 2026 February 5 is acknowledged. Applicant argues that (A) Groups I-III are directed to “the same identification concept” (Remarks p. 3, [5]) and (B) Bowen (US 20180093054 A1) does not teach identifying the vaporizer based on electric power provided by the core to the heating element and a resistance change generated by the heating element (Remarks p. 5, [2]).
With respect to ground (A), claims can cover the same “concept” and still be restrictable. As in the examiner’s restriction requirement of 2026 January 2, the technical feature of the claimed power supply mechanism shared between Groups I-III is non-special over Bowen, so Groups I-III lack unity a posteriori. See MPEP 1850(II).
With respect to ground (B), applicant makes no specific analysis as to the deficiency of Bowen, so the examiner maintains that the shared technical feature is non-special over Bowen. Moreover, Bilat (US 20180303161 A1) anticipates claim 1 in the below analysis, so the shared technical feature is non-special over Bilat.
The requirement is still deemed proper and is therefore made FINAL.
The examiner notes that Species C – resistance rising to a substantially constant value, or a difference between the resistance value and an initial resistance value – is recited in both claims 4 and 7.
Claims 2, 4, 7, and 10-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention or species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 2026 February 5.
Claims 1, 3, 5-6, and 8-9 are presently examined.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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, 3, 5-6, and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bilat (US 20180303161 A1).
Claim 1: Bilat teaches an electronic vaporization device (fig. 7 and [162], #100), comprising:
a vaporizer (113 and 119) configured to vaporize a liquid substrate (115) to generate an aerosol, and a power supply mechanism (107 and 109) configured to supply power to the vaporizer (113 and 119), wherein the vaporizer (113 and 119) comprises a heating element (119) configured to heat and vaporize the liquid substrate (115), and the power supply mechanism (107 and 109) comprises:
a core (107), configured to supply power to the heating element (119);
and a controller (109), configured to identify (fig. 9 and [178], Step #320: if a rate of change of resistance is within an acceptable range, then the device matches the heater and moves towards Step #340; if a rate of change of resistance is outside of the acceptable range, then the device does not match the heater and moves towards Step #330) the vaporizer based on electric power (power is supplied) provided by the core to the heating element and a resistance change (the device measures a resistance rate of change) generated by the heating element.
Claim 3: Bilat teaches the electronic vaporization device according to claim 1, wherein the resistance change ([178], rate of change of resistance) comprises a resistance change rate of the heating element.
Claim 5: Bilat teaches the electronic vaporization device according to claim 1, wherein the controller is configured to: compare the resistance change (fig. 9 and [178], rate of change of resistance) of the heating element with a threshold range (acceptable range) and change the electric power (Step #330: power is not supplied) provided by the core to the heating element based on a comparison result (Step #320, if a rate of change of resistance is outside of the acceptable range, then the device does not match the heater and moves towards Step #330).
Claim 6: Bilat teaches the electronic vaporization device according to claim 5, wherein the controller is configured to: compare a resistance change rate (fig. 9 and [178], rate of change of resistance) of the heating element with a threshold range (acceptable range), and prevent the core from supplying power (Step #330: power is not supplied) to the heating element when the resistance change rate (rate of change of resistance) is greater than a maximum value of the threshold range (outside of the acceptable range) or less than a minimum value of the threshold range (outside of the acceptable range).
Claim 8: Bilat teaches the electronic vaporization device according to claim 1, wherein the core (fig. 7 and [162], #107) is configured to provide predetermined electric power [62] to the heating element (119).
Claim 9: Bilat teaches the electronic vaporization device according to claim 8, wherein the core (fig. 7 and [162], #107) is configured to supply power to the heating element (119) in a manner of constant power output [89].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tobey C. Le whose telephone number is (703)756-5516. The examiner can normally be reached Mon-Thu 8:30-18:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H. Wilson can be reached at 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOBEY C LE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747