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 § 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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lang et al. [PG. Pub. No.: US 2021/0248901 A1] in view of Anderson et al. [PG. Pub. No.: US 2020/0000146A1].
With regards to claim 1, Lang discloses a self-testing fire sensing device (ABSTRACT, 300, Fig. 3, ¶0032), comprising: a heating element (308, heat source, Fig. 3, ¶0034); a reservoir comprising liquid or wax (adjustable particle generator 302 can include a reservoir to contain a liquid and/or wax used to create particles, ¶0036); a variable airflow generator (316, variable airflow generator ¶0035); and a controller (122, microcontroller, ¶0025) wherein the heating element (308, heat source, ¶0036) is configured to heat the liquid or wax to generate a particular amount of aerosol or gas responsive to the calibrated electrical heating input (¶0030 & ¶0035); and wherein the variable airflow generator is configured to: move the particular amount of aerosol or gas through the self-testing fire sensing device (¶0030-0031); and return the self-testing fire sensing device to a state prior to generating the particular amount of aerosol or gas (¶0035), however is silent on to receive a characteristic of the heating element; and apply a calibrated electrical heating input to the heating element based on the characteristic of the heating element.
Anderson teaches of a vaporizer device receive a characteristic of the heating element (measure a resistance of a heating element of the vaporizer cartridge to control a temperature of the heating element, ¶0015 & ¶0020-0021); and apply a calibrated electrical heating input to the heating element based on the characteristic of the heating element (controller 19 may control a temperature of a heating element by monitoring a control signal representative of a temperature of the heating element, ¶0262-0270).
At the time of filing, it would have been obvious to one ordinary skilled in the art to modify lang with the controlling of the heating element based upon Anderson’s teachings. When modifying Lang one would have readily concluded to provide the control of the heating element in vaporizing by monitoring and measuring the resistance of the heating element and modulating power delivered to the heating element based on the monitored control signal. An example of a control signal is a measurement of a resistance of the heating element that is part of the atomizer, (¶0263).
With regards to claim 2, Lang discloses the heating element is a wire, and wherein the characteristic of the heating element is a material of the wire, a length of the wire, or a diameter of the wire (308, heat source can include a coil of resistance wire, ¶0036).
With regards to claim 3, Lang discloses the characteristic of the heating element is a resistance of the heating element (¶0036).
With regards to claim 4, Anderson teaches the calibrated electrical heating input is a voltage (a resistance measurement of the kind described here is often a measurement of a voltage required for a given current (using V=IR) as an indirect way of determining the resistance R, ¶0264).
With regards to claim 5, Lang discloses the heating element is a coil-shaped wire (308, heat source can include a coil of resistance wire, ¶0036).
With regards to claim 6, Anderson teaches of the controller (19, controller, ¶0263) is configured to: apply a monitoring electrical input to the heating element prior to applying the calibrated electrical heating input to the heating element; and measure an electrical output from the heating element responsive to applying the monitoring electrical input (controller 19 may control a temperature of a heating element by monitoring a control signal representative of a temperature of the heating element (which can be disposed in a vaporizer cartridge 52 that is received in a cartridge receptacle 69 of a vaporizer body 50) and modulating power delivered to the heating element based on the monitored control signal, ¶0263).
With regards to claim 7, Anderson teaches the controller is configured to determine the characteristic of the heating element based on the measured electrical output from the heating element, (a system includes a current source circuit; a system power input; and load switching circuitry coupling the current source circuit and the system power input to an output configured to couple to a vaporizer heating element, ¶0397).
With regards to claim 8, Anderson teaches the measured electrical output from the heating element is a voltage (operational parameter can include voltage, ¶0398).
With regards to method claim 9, the method is met by the operation-device as disclosed by Lang in view of Anderson as above in claim 1.
With regards to claim 10, Anderson teaches the monitoring electrical input is a voltage (operational parameter can include voltage, ¶0398).
With regards to claim 11, Anderson teaches the electrical output is a current (the resistive heating element, for identifying a cartridge based on one or more electrical characteristics of a resistive heating element or the other circuitry, ¶0199 and the operational parameter can include current, ¶0398).
With regards to claim 12, Anderson teaches the calibrated electrical heating input is a current (the resistive heating element, for identifying a cartridge based on one or more electrical characteristics of a resistive heating element or the other circuitry, ¶0199 and the operational parameter can include current, ¶0398).
With regards to claim 13, Anderson teaches calibrated electrical heating input is a pulse width modulation of a duty cycle based on the determined resistance of the heating element (integrated heater control 3205 can include additional pins connected to control logic 3320 for causing operation of the integrated heater control 3205. For example, these pins can include a heat select pin 3425, a heat pulse width modulation (PWM) pin, ¶0436).
With regards to claim 14, Anderson teaches method includes determining the calibrated electrical heating input based on a power output of the heating element (Heat select pin 3425 can enable selection between current source and load switch to drive the pod. Heat PWM 3430 can enable load switch to vary power delivered to the pod heater 3280 for temperature control, ¶0436).
With regards to claim 15, Lang discloses further comprising performing a test to determine whether the self-testing fire sensing device is functioning properly or requires maintenance subsequent to determining the calibrated electrical heating input based on the determined resistance of the heating element and applying the calibrated electrical heating input to the heating element to heat the liquid or the wax to generate the particular amount of aerosol or gas (Claims 1-4).
With regards to claim 16, Lang discloses a self-testing fire sensing device (ABSTRACT, 300, Fig. 3, ¶0032), comprising: a heating element (308, heat source, Fig. 3, ¶0034); a reservoir comprising liquid or wax (adjustable particle generator 302 can include a reservoir to contain a liquid and/or wax used to create particles, ¶0036); an optical scatter chamber (304, optical scatter chamber, ¶0034); and a controller (122, microcontroller, ¶0025) wherein the heating element (308, heat source, ¶0036) is configured to heat the liquid or wax to generate a particular amount of aerosol or gas responsive to the calibrated electrical heating input (¶0030 & ¶0035); and measure an aerosol density level of the generated aerosol using the optical scatter chamber (ABSTRACT, ¶0013), however is silent on measure a voltage of the heating element responsive to applying the monitoring current; determine a resistance of the heating element based on the monitoring current and the measured voltage; to receive a characteristic of the heating element; and apply a calibrated electrical heating input to the heating element based on the characteristic of the heating element.
Anderson teaches of a vaporizer device measure a voltage of the heating element responsive to applying the monitoring current (a resistance measurement of the kind described here is often a measurement of a voltage required for a given current (using V=IR) as an indirect way of determining the resistance R, ¶0264); determine a resistance of the heating element based on the monitoring current and the measured voltage (the current monitor configured to sense a current at the first output; a voltage monitor coupled to a second output configured to couple to the vaporizer heating element, the voltage monitor configured to sense a voltage across the vaporizer heating element, ¶0400); receive a characteristic of the heating element (measure a resistance of a heating element of the vaporizer cartridge to control a temperature of the heating element, ¶0015 & ¶0020-0021); and apply a calibrated electrical heating input to the heating element based on the characteristic of the heating element (controller 19 may control a temperature of a heating element by monitoring a control signal representative of a temperature of the heating element, ¶0262-0270).
At the time of filing, it would have been obvious to one ordinary skilled in the art to modify lang with the controlling of the heating element based upon Anderson’s teachings. When modifying Lang one would have readily concluded to provide the control of the heating element in vaporizing by monitoring and measuring the resistance of the heating element and modulating power delivered to the heating element based on the monitored control signal. An example of a control signal is a measurement of a resistance of the heating element that is part of the atomizer, (¶0263).
With regards to claim 17, Lang discloses a variable airflow generator configured to generate airflow to move the generated aerosol through the optical scatter chamber (a variable airflow generator configured to generate an aerosol density level, an optical scatter chamber configured to measure a rate, ¶0013).
With regards to claim 18, Lang discloses the controller is configured to: compare the measured aerosol density level with a threshold aerosol density level (a variable airflow generator configured to generate an aerosol density level, an optical scatter chamber configured to measure a rate, ¶0013); and determine whether the self-testing fire sensing device is functioning properly responsive to comparing the measured aerosol density level with the threshold aerosol density level (a controller configured to compare the measured rate at which the aerosol density level decreases with a baseline rate, and determine whether the fire sensing device requires maintenance based on the comparison of the measured rate at which the aerosol density level decreases and the baseline rate, ¶0013).
With regards to claim 19, Lang discloses the threshold aerosol density level is sufficient to trigger a fire response from the self-testing fire sensing device without saturating the optical scatter chamber (aerosol density level can be sufficient to trigger a fire response without saturating the optical scatter chamber, ¶0022).
With regards to claim 20, Lang discloses the heating element is in contact with the liquid or wax (¶0036).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANCIS C GRAY whose telephone number is (571)270-3348. The examiner can normally be reached Monday-Friday 7am-5pm.
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/FRANCIS C GRAY/Primary Examiner, Art Unit 2852