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 Amendment
This office action is responsive to the amendment filed on April 28, 2026. As directed by the amendment: claims 1, 3-6, 8-15, and 17 have been amended, claim 2 has been canceled, and new claim 18 has been added. Thus, claims 1 and 3-18 are presently pending in the application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 15, lines 1-2 recite: "A heating control apparatus of an aerosol generating device, applied to the aerosol generating device of claim 7, comprising". The term "applied to" renders the claim indefinite because it is unclear if the aerosol dose testing device of claim 7 is being positively claimed as part of the claimed structure or if it is an intended use limitation. Examiner suggests amending the language to read "The aerosol generating device of claim 7, further comprising: a
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 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.
Claims 1 and 3-18 are rejected under 35 U.S.C. 103 as being unpatentable over Freeman et al. (US 2019/0335817), in view of Jiang US 2022/0280732).
As to claim 1, Freeman discloses an aerosol dose testing device (Fig. 1A-1C), for an aerosol-generating device (inhalation device 100, e.g., a vaporizer, Fig. 1A, paragraph [0032]), comprising:
a flow channel structure (channel 106) configured to flow an aerosol (Fig. 1A-1C, paragraph [0032]);
a light emitter (signal emitter 110, Fig. 1A-1C, paragraph [0036]: signal emitter can be any suitable device that produces light, such as an LED), arranged on an inner wall of the flow channel structure 106 and configured to provide an emitting light into a flow channel 106 (see Fig. 1A-1C, paragraphs [0036]-[0037]); and
a photosensitive detector 108 (Fig. 1A, paragraph [0036]: sensor 108 can be any suitable sensor that senses light including photosensor, photodetector, etc.), arranged on the inner wall of the flow channel structure 106 corresponding to a projection path of a scattering light, and configured to receive the scattering light and output a detection signal based on an output end (see Fig. 1A-1C, paragraphs [0033],[0036]-[0038]),
wherein the scattering light comprises a light formed by scattering the emitting light onto the aerosol in the flow channel structure 106, and the detection signal is used for determining a dose of the aerosol (paragraphs [0033],[0036]-[0038]).
Freeman does not expressly disclose an optical deflector, arranged on a wall of the flow channel structure corresponding to a projection direction of the emitting light and configured to project the received emitting light on a structure outside the flow channel.
However, Jiang discloses an aerosol dose testing device (Fig. 5A-B) an optical deflector (light trap 608), arranged on a wall of a flow channel structure corresponding to a projection direction of the emitting light and configured to project the received emitting light on a structure outside the flow channel (see Fig. 5A-5B, paragraph [0056]: aerosol particle sensor 60 includes a light trap 608 outside of flow channel which deflects the light beam, as shown by the arrows, while photodetector 606, collects the light scattered by the aerosol particles and produces an electrical signal proportional to the intensity of scattered light).
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the aerosol dose testing device of Freeman to include the optical deflector as taught by Jiang, in order to absorb and trap the rest of the light passing through the flow channel that is not scattered by the particles and sensed by the detector.
As to claim 3, modified Freeman discloses the aerosol dose testing device of claim 1, but does not expressly disclose an amplification circuit, wherein an input end of the amplification circuit is connected to the output end of the photosensitive detector. However, Jiang teaches an aerosol dose testing device (aerosol particle sensor 60 (Fig. 5A, Fig. 5B) having a photosensitive detector (photodetector 606) connected to an amplification circuit (paragraph [0056]: an analog electrical signal is generated which is proportional to the intensity of the scattered light. The analog electrical signal can be amplified, filtered, and then converted into a digital signal using analog-to-digital conversion (ADC)). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the aerosol dose testing device of Freeman to include an amplification circuit connected to the output end of the photosensitive detector, as taught by Jiang, in order to condition the signal for being read by the processor.
As to claim 4, modified Freeman discloses the aerosol dose testing device of claim 3, but does not expressly disclose a filter circuit, wherein an input end of the filter circuit is connected to the photosensitive detector, and wherein an output end of the filter circuit is connected to the input end of the amplification circuit. However, Jiang teaches an aerosol dose testing device (aerosol particle sensor 60 (Fig. 5A, Fig. 5B) having a photosensitive detector (photodetector 606) connected to a filter circuit (paragraph [0056]: an analog electrical signal is generated which is proportional to the intensity of the scattered light. The analog electrical signal can be amplified, filtered, and then converted into a digital signal using analog-to-digital conversion (ADC)). Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify the aerosol dose testing device of Freeman to include a filter circuit connected to the output end of the photosensitive detector, as taught by Jiang, in order to condition the signal for being read by the processor.
As to claim 5, modified Freeman discloses the aerosol dose testing device of claim 1, wherein the photosensitive detector 108 comprises at least one of a photoelectric sensor or a solar battery (paragraph [0036]: sensor 108 can be a solar cell).
As to claim 6, modified Freeman discloses the aerosol dose testing device of claim 1, wherein the light emitter comprises at least one of a laser or a light emitting diode (paragraph [0036]: signal emitter 110 can be an LED).
As to claim 7, modified Freeman discloses an aerosol-generating device 400 (Fig. 4, paragraph [0050]), comprising: a vaporizer 400, provided with a flow channel structure 417 configured to flow an aerosol and heat an aerosol-generating substrate (liquid on wick 413) to generate the aerosol (via heating element 412, paragraph [0050]); and the aerosol dose testing device (sensor 416 and emitter 418, Fig. 4) of claim 1 (paragraph [0051]).
As to claim 8, modified Freeman discloses the aerosol-generating device of claim 7, wherein the vaporizer 400 comprises: a heater (heating element 412, Fig. 4) configured to heat the aerosol-generating substrate (liquid on wick 413); and a controller (processor 404) connected to the heater 412, the light emitter 318, and the photosensitive detector 316 (Fig. 3, paragraph [0050]-[0051]), the controller 404 being configured to control the heating component 412 to perform heating (paragraph [0054]: processor 404 can adjust the intensity of the heating element 412), and configured to determine the dose of the aerosol of the detection signal (paragraph [0047]-[0048]: processor 404 uses data from sensor 416 to calculate when a particular amount of the vaporized substance has been produced).
As to claim 9, modified Freeman discloses the aerosol-generating device of claim 8, wherein the controller (processor 404, Fig. 4) is configured to control the heater (heating element 412, Fig. 4) to stop heating when the determined dose of the aerosol reaches a preset upper limit value (paragraph [0063]: system could be set to stop dispensing the drug once a certain dose is reached).
As to claim 10, modified Freeman discloses the aerosol-generating device of claim 9, further comprising: an inhalation detector (sensor 422, Fig. 4, paragraph [0052]: can be any type of airflow sensor) arranged at a vapor outlet 408 of the flow channel structure 417 and configured to detect a duration of each inhalation action, wherein the controller 404 is connected to the inhalation detector and configured to calculate a dose of an inhaled aerosol of a duration of each inhalation action and the detection signal obtained within the duration (paragraph [0048]), and configured to control the heater 412 to stop heating when the dose of the inhaled aerosol reaches the preset upper limit value (paragraph [0063]: system could be set to stop dispensing the drug once a certain dose is reached).
As to claim 11, modified Freeman discloses a method for testing a dose of an aerosol, applied to the aerosol dose testing device of claim 1, comprising: controlling, during a process of generating the aerosol by the aerosol-generating device, the light emitter 318 to provide the emitting light into the flow channel 317 (paragraph [0046]); obtaining the detection signal output by the photosensitive detector 316; and determining the dose of the aerosol of the detection signal (paragraph [0047]-[0048]).
As to claim 12, modified Freeman discloses a method for controlling heating of the aerosol-generating device of claim 7, comprising: controlling the vaporizer to heat the aerosol-generating substrate to generate the aerosol; obtaining the detection signal during a process of generating the aerosol; determining the dose of the aerosol of the detection signal; and controlling the vaporizer to stop heating when the determined dose of the aerosol reaches a preset upper limit value (paragraph [0047]-[0048]).
As to claim 13, modified Freeman discloses the method of claim 12, further comprising: obtaining a duration of each inhalation action detected by an inhalation detector (airflow sensor 422, Fig. 4), the inhalation detector 422 being arranged at a vapor outlet 408 of the flow channel structure 417 (Fig. 4, paragraph [0052]), wherein the determining the dose of the aerosol from the detection signal comprises: calculating a dose of an inhaled aerosol of the duration of each inhalation action and the detection signal obtained within the duration (paragraph [0048]).
As to claim 14, modified Freeman discloses an apparatus (Fig. 4) for testing a dose of an aerosol, the apparatus comprising: the aerosol dose testing device of claim 1; a light emitting controller configured to control, during a process of generating the aerosol by the aerosol-generating device, the light emitter 318 to provide the emitting light into the flow channel 317 (paragraph [0046]); a detection signal processor configured to obtain the detection signal output by the photosensitive detector 316; and a dose determining processor configured to determine the dose of the aerosol of the detection signal (paragraph [0047]-[0048]).
As to claim 15, modified Freeman discloses a heating control apparatus of an aerosol-generating device, applied to the aerosol-generating device of claim 7, comprising: a heating controller configured to control the vaporizer 400 to heat the aerosol-generating substrate 413 to generate the aerosol (paragraph [0053]: processor 404 adjusts the heating intensity of the heating element by adjusting the voltage of the heating element); a detection signal processor configured to obtain the detection signal during a process of generating the aerosol; a dose determining processor configured to determine the dose of the aerosol from the detection signal (processor304/404 uses data from the sensor 316/416 to calculate when a particular amount of the vaporized substance has been produced); and a stop heating controller configured to control the vaporizer to stop heating when the determined dose of the aerosol reaches a preset upper limit value (paragraph [0043]: a session can be vapor-based, where the inhalation device 200 keeps a session open until a certain quantity of vapor is produced).
As to claim 16, modified Freeman discloses an electronic device (Fig. 3), comprising: a memory (see Freeman’s claim 1); and a processor 304 (Fig. 3), wherein the memory stores a computer program (memory configured to store one or more instructions, Freeman’s claim 1), and wherein the processor 304, when executing the computer program, implements the method of claim 11 (Fig. 3, paragraph [0046]-[0048], Freeman’s claim 1).
As to claim 17, modified Freeman discloses one or more non-transitory computer-readable storage mediums having processor-executable instructions stored thereon, wherein the processor-executable instructions, when executed, causes the method of claim 11 (see Freeman’s claim 16, Fig. 3, paragraph [0046]-[0048]).
As to claim 18, modified Freeman discloses the aerosol dose testing device of claim 1, wherein the optical deflector has a multiple reflection structure or a conical structure (see the light trap of Jiang in Fig. 5A showing multiple surfaces the light hits within the trap (paragraph [0054]).
Response to Arguments
Applicant’s arguments with respect to claims 1 and 3-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 VALERIE L WOODWARD whose telephone number is (571)270-1479. The examiner can normally be reached Monday - Friday 8:30 am - 4:30 pm.
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/VALERIE L WOODWARD/Primary Examiner, Art Unit 3785
