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 Rejections - 35 USC § 102
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 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.
Claim(s) 1-13 and 27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Davies et al. (Davies; WO 2019/173923 A1).
As per claim 1, Davies discloses a vaporizer, comprising:
a first connection end and a second connection end (Fig. 54, pg. 149, lines 13-15), configured to be connected to a battery rod upon insertion of the vaporizer into the battery rod (Fig. 54, Cartridge 5420, Power Source 5414); and
an anti-counterfeiting circuit (pg. 142, lines 18-20) connected to the first connection end and the second connection end (Fig. 54, Authentication Device 5430, Electromechanical Connector 5440; pg. 149, lines 13-15), the anti-counterfeiting circuit being configured to receive a first communication signal from the battery rod and to send a second communication signal to the battery rod through the first connection end to implement communication between the battery rod and the vaporizer (pg. 150, lines 13-17 & 21-23),
wherein the first communication signal comprises a first level signal serving as a logic high level and a second level signal serving as a logic low level (pg. 151, lines 15-17),
wherein the second communication signal comprises a third level signal serving as a logic high level and a fourth level signal serving as a logic low level (pg. 151, lines 15-17), and
wherein the second level signal and the fourth level signal are greater than a power supply voltage of the anti-counterfeiting circuit (pg. 151, lines 15-17).
As per claim 2, Davies discloses the vaporizer of claim 1, wherein the first level signal is greater than or equal to the third level signal, the fourth level signal is greater than or equal to the second level signal, and the third level signal is greater than the second level signal (The limitations of claim 2 are considered obvious as they refer to forced choices dictated by basic physics or to arbitrary choices for the second and fourth voltage levels without being accompanied by any new or unexpected effect.).
As per claim 3, Davies discloses the vaporizer of claim 1, wherein the first level signal is greater than or equal to the third level signal, the fourth level signal is less than or equal to the second level signal, and the third level signal is greater than or equal to the second level signal (pg. 10, lines 18-26).
As per claim 4, Davies discloses the vaporizer of claim 1, wherein the second level signal is greater than the third level signal (pg. 10, lines 18-26).
As per claim 5, Davies discloses the vaporizer of claim 1, wherein the anti-counterfeiting circuit comprises a signal source,
wherein the signal source is connected to the first connection end and the second connection end, and
wherein the signal source is configured to work in a first state or a second state to send the second communication signal to the battery rod (Fig. 54, Authentication Device 543 is configured in parallel with Atomizer 5422 and SW1 5432).
As per claim 6, Davies discloses the vaporizer of claim 5, wherein the anti-counterfeiting circuit comprises a processing unit comprising a first control interface configured to output a first control signal (Fig. 1, microcontroller 31, control assembly 14; pg. 25, lines 24-34), and
wherein the signal source is connected to the first control interface and is configured to work in the first state or the second state under driving of the first control signal (pg. 25, lines 12-15 & 24-34).
As per claim 7, Davies discloses the vaporizer of claim 6, further comprising:
a heating element connected to the signal source in parallel, and connected in parallel between the first connection end and the second connection end (Fig. 1, Heater/Atomizer 20),
wherein, when the signal source works in the first state, a voltage on the first connection end is maintained at the third level signal (pg. 145, lines 1-9; pg. 151, lines 15-17), and
wherein, when the signal source works in the second state, the voltage on the first connection end is maintained at the fourth level signal (pg. 145, lines 1-9; pg. 151, lines 15-17).
As per claim 8, Davies discloses the vaporizer of claim 7, wherein the processing unit comprises a second control interface configured to output a second control signal, and
wherein the vaporizer further comprises:
a direction switching circuit connected to the second control interface and connected to the heating element in parallel, the direction switching circuit being configured to implement forward or reverse insertion of the vaporizer into the battery rod under driving of the second control signal (pg. 10, lines 18-26).
As per claim 9, Davies discloses the vaporizer of claim 1, wherein the anti-counterfeiting circuit is integrated and then encapsulated into an independent element (pg. 10, lines 18-26).
As per claim 10, (see rejection of claim 1 above) a battery rod, comprising:
a first connection end and a second connection end, configured to be connected to a vaporizer inserted into the battery rod; and
a control unit connected to the first connection end and configured to send a first communication signal to the vaporizer inserted into the battery rod and receive a second communication signal from the vaporizer through the first connection end so as to implement communication between the battery rod and the vaporizer,
wherein the first communication signal comprises a first level signal serving as a logic high level and a second level signal serving as a logic low level,
wherein the second communication signal comprises a third level signal serving as a logic high level and a fourth level signal serving as a logic low level, and
wherein the second level signal and the fourth level signal are greater than a power supply voltage of an anti-counterfeiting circuit.
As per claim 11, (see rejection of claim 2 above) the battery rod of claim 10, wherein the first level signal is greater than or equal to the third level signal, the fourth level signal is greater than or equal to the second level signal, and the third level signal is greater than the second level signal.
As per claim 12, (see rejection of claim 3 above) the battery rod of claim 10, wherein the first level signal is greater than or equal to the third level signal, the fourth level signal is less than or equal to the second level signal, and the third level signal is greater than or equal to the second level signal.
As per claim 13, (see rejection of claim 4 above) the battery rod of claim 10, wherein the second level signal is greater than the third level signal.
As per claim 27, (see rejection of claim 1 above) an electronic vaporization device, comprising:
a vaporizer, wherein the vaporizer comprises the vaporizer of claim 1; and
a battery rod, comprising:
a first connection end and a second connection end, configured to be connected to the vaporizer upon insertion into the battery rod; and
a control unit connected to the first connection end and configured to send a first communication signal to the vaporizer inserted into the battery rod and receive a second communication signal from the vaporizer through the first connection end so as to implement communication between the battery rod and the vaporizer,
wherein the first communication signal comprises a first level signal serving as a logic high level and a second level signal serving as a logic low level,
wherein the second communication signal comprises a third level signal serving as a logic high level and a fourth level signal serving as a logic low level, and
wherein the second level signal and the fourth level signal are greater than a power supply voltage of an anti-counterfeiting circuit.
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) 14-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davies in view of Zhao et al. (Zhao; US Pub No. 2023/0217996 A1).
As per claim 14, Davies teaches the battery rod of claim 10.
Davies does not expressly teach further comprising:
a first voltage unit connected to the control unit and the first connection end and configured to send the first level signal to the vaporizer; and
a second voltage unit connected to the control unit and the first connection end and configured to send the second level signal to the vaporizer.
Zhao teaches further comprising:
a first voltage unit connected to the control unit and the first connection end and configured to send the first level signal to the vaporizer (Fig. 9, Cell 12, First Connecting End n1; paragraph [0032], lines 6-11); and
a second voltage unit connected to the control unit and the first connection end and configured to send the second level signal to the vaporizer (Fig. 9, VDD, First Connecting End n1; paragraph [0032], lines 6-11).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to implement the first and second voltage units as taught by Zhao, since Zhao states in paragraph [0032] that such a modification would result in selectively controlling the operation of the vaporizer based on the provided voltage.
As per claim 15, Davies in view of Zhao further teaches the battery rod of claim 14, wherein the first voltage unit comprises:
a first switch comprising a first path end, a second path end, and a control end,
wherein the control end of the first switch is connected to a first driving end of the control unit to receive a first driving signal,
wherein the first path end of the first switch is configured to receive a battery voltage, and
wherein the second path end of the first switch is connected to the first connection end (Zhao, paragraph [0019]).
As per claim 16, Davies in view of Zhao further teaches the battery rod of claim 15, wherein the second voltage unit comprises:
a second switch comprising a first path end, a second path end, and a control end,
wherein the control end of the second switch is connected to a second driving end of the control unit to receive a second driving signal, the second driving signal comprises a PWM signal, and the first path end of the second switch receives the battery voltage (Zhao, paragraph [0024]);
a first resistor, a first end of the first resistor being connected to the second path end of the second switch, and a second end of the first resistor being connected to the first connection end (Zhao, paragraph [0024]); and
a first capacitor, a first end of the first capacitor being connected to the second path end of the second switch, and a second end of the first capacitor being grounded (Zhao, paragraph [0039]).
As per claim 17, Davies in view of Zhao further teaches the battery rod of claim 16, further comprising:
a protection unit connected to the second voltage unit and the first voltage unit and configured to prevent a heating signal of the first connection end from being affected in a heating process (Zhao, paragraph [0028]).
As per claim 18, Davies in view Zhao further teaches the battery rod of claim 17, wherein the protection unit comprises:
a third switch comprising a first path end, a second path end, and a control end, the first path end of the third switch being connected to the second end of the first resistor, the control end of the third switch being connected to the control unit, and the second path end of the third switch being connected to the first connection end; or
a first diode, an anode of the first diode being connected to the second end of the first resistor, and a cathode of the first diode being connected to the first connection end (Zhao, Figs. 1-9: figures display circuit configuration. Additionally, the outlined circuit configuration is not deemed to comprise inventive step as configuring a desired circuit is a matter of design choice as the outlined circuit configuration is presented without being accompanied by any new or unexpected effect.).
As per claim 19, Davies in view of Zhao further teaches the battery rod of claim 15, wherein the second voltage unit comprises:
a fourth switch comprising a first path end, a second path end, and a control end, the control end of the fourth switch being connected to a second driving end of the control unit to receive a second driving signal, and the first path end of the fourth switch being connected to a power supply management chip to receive a voltage; and
a second resistor, a first end of the second resistor being connected to the second path end of the fourth switch, and a second end of the second resistor being connected to the first connection end (Zhao, Figs. 1-9: figures display circuit configuration. Additionally, the outlined circuit configuration is not deemed to comprise inventive step as configuring a desired circuit is a matter of design choice as the outlined circuit configuration is presented without being accompanied by any new or unexpected effect.).
As per claim 20, Davies in view of Zhao further teaches the battery rod of claim 15, wherein the second voltage unit comprises:
a fifth switch comprising a first path end, a second path end, and a control end, the control end of the fifth switch being connected to a second driving end of the control unit to receive a second driving signal, the second driving signal comprising a PWM signal, and the first path end of the fifth switch being configured to receive the battery voltage;
a third resistor, a first end of the third resistor being connected to the second path end of the fifth switch, and a second end of the third resistor being connected to the first connection end;
a sixth switch comprising a first path end, a second path end, and a control end, the control end of the sixth switch being connected to a third driving end of the control unit to receive a third driving signal, and the first path end of the sixth switch being configured to receive the battery voltage; and
a fourth resistor, a first end of the fourth resistor being connected to the second path end of the sixth switch, and a second end of the fourth resistor being connected to the first connection end (Zhao, Figs. 1-9: figures display circuit configuration. Additionally, the outlined circuit configuration is not deemed to comprise inventive step as configuring a desired circuit is a matter of design choice as the outlined circuit configuration is presented without being accompanied by any new or unexpected effect.).
As per claim 21, Davies in view of Zhao further teaches the battery rod of claim 15, wherein the second voltage unit comprises:
a seventh switch comprising a first path end, a second path end, and a control end, the control end of the seventh switch being connected to a second driving end of the control unit to receive a second driving signal, the second driving signal comprising a level signal, and the first path end of the seventh switch being configured to receive the battery voltage; and
a fifth resistor, a first end of the fifth resistor being connected to the second path end of the seventh switch, and a second end of the fifth resistor being connected to the first connection end (Zhao, Figs. 1-9: figures display circuit configuration. Additionally, the outlined circuit configuration is not deemed to comprise inventive step as configuring a desired circuit is a matter of design choice as the outlined circuit configuration is presented without being accompanied by any new or unexpected effect.).
As per claim 22, Davies in view of Zhao further teaches the battery rod of claim 15, wherein the second voltage unit comprises:
a first comparator comprising a first input end, a second input end, and an output end, the first input end of the first comparator being configured to receive a reference voltage, and the second input end of the first comparator being connected to the first connection end;
an eighth switch comprising a first path end, a second path end, and a control end, the control end of the eighth switch being connected to the output end of the first comparator, and the first path end of the eighth switch being configured to receive the battery voltage; and
a sixth resistor, a first end of the sixth resistor being connected to the second path end of the eighth switch, and a second end of the sixth resistor being connected to the first connection end (Zhao, Figs. 1-9: figures display circuit configuration. Additionally, the outlined circuit configuration is not deemed to comprise inventive step as configuring a desired circuit is a matter of design choice as the outlined circuit configuration is presented without being accompanied by any new or unexpected effect.).
As per claim 23, Davies in view of Zhao further teaches the battery rod of claim 16, further comprising:
a signal identification unit connected to a signal acquisition end of the control unit and the first connection end and configured to identify the second communication signal and feed back an identification result to the signal acquisition end (Zhao, Fig. 9, paragraph [0038]).
As per claim 24, Davies in view of Zhao further teaches the battery rod of claim 23, wherein the signal identification unit comprises:
a second comparator comprising a first input end, a second input end, and an output end, the output end of the second comparator being connected to the signal acquisition end of the control unit (Zhao, Fig. 9, paragraph [0038]: It has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.).
As per claim 25, Davies in view of Zhao further teaches the battery rod of claim 23, wherein the signal identification unit comprises:
an operational amplifier comprising a first input end, a second input end, and an output end, the output end of the operational amplifier being connected to the signal acquisition end of the control unit (Zhao, Fig. 9, paragraph [0038]).
As per claim 26, Davies in view Zhao further teaches the battery rod of claim 23, wherein the signal identification unit comprises an analog-to- digital converter, and
wherein the signal identification unit is integrated in the control unit (Zhao, Fig. 9, paragraph [0038]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Davis et al. (US Pub No. 2021/0401061 A1): similar inventive concept
Anderson et al. (US Pub No. 2020/0000143 A1): similar inventive concept
Zhang et al. (US Pub No. 2021/0386123 A1): similar inventive concept
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/NAOMI J SMALL/Primary Examiner, Art Unit 2685