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 .
Status of the Claims
Claims 1 and 6-11 are currently pending and are subject to this office action. Claims 1 and 6-10 are amended. Claims 2-5 are canceled. This office action is in response to Applicant’s amendment filed on 08/20/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 08/20/2026 containing amendments and remarks to the abstract, specification, and claims.
In response to Applicant’s amendments filed 08/20/2026, the Examiner withdraws the objection to the abstract for minor informalities.
In response to Applicant’s amendments filed 08/20/2026, the Examiner withdraws the objection to the specification for minor informalities.
In response to Applicant’s amendments filed 08/20/2026, the Examiner withdraws the objection to claims 1, 4, 7, 8, 9, and 10 for minor informalities.
Response to Arguments
Applicant’s arguments, on pages 9-14, filed 0820/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are not persuasive. The Applicant has amended claim 1 to include limitations of now canceled claims 2-5 and a limitation that was not previously presented, specifically, “turning of the additional electronic element such that P2=0”. The Applicant argues that the combination of references do not teach the specific calculation scheme of claim 1 and that Kuang's calculations are too different from the claimed formula. Further that the art does not disclose comparing T1 and T2, calculating the additional duration T3, or determining the remaining service according to which duration expires first such that P2=0.
The Examiner respectfully disagrees. Under 35 U.S.C. 103, the claimed limitations do not need to all appear in a single reference if one of ordinary skill in the art would have had reason to combine them according to known methods with predictable results (MPEP 2143). As mentioned in the prior Office Action, Wu teaches a device including an atomizer containing a first battery and second battery [0022, 0025], wherein the second battery can charge the first battery or both can be charged by respective control chips [0025, 0031, 0034], establishing two available electrical quantities associated with two separate power supplies.
Marubashi supplies the power management relationship between these electric quantities and active loads. Marubashi acquires a remaining amount of stored power and controls which generation units and auxiliary devices continue receiving power based on that remaining amount [0075-0079]. Marubashi further teaches suppression of a power supply which may constitute inhibition of the power [0075], and at lower thresholds, selected components are turned off while others continue operation [0086]. Marubashi also recognizes that simultaneous operation of multiple components increases the power consumption and multiple power supplies may be used to distribute this load [0083- 0084]. Thus, Marubashi teaches changing the active power consuming loads according to the remaining available electrical quantity.
Kuang then supplies the known mathematical relationship for converting available battery quantity and power consumption into a remaining operating time. Kuang teaches obtaining an average smoking power and determining the smoking duration of the electronic cigarette according to the remaining battery quantity and the average smoking power [0069-0071]. Kuang explains that the available battery quantity is divided by the average smoking power to obtain the remaining smoking time [0071]. Once Kuang's known duration calculation is applied to modified Wu, the use of P2 + P3 follows directly from the loads supplied by the first power supply under the claimed operating condition. If the first power supply has remaining electrical quantity N1 and simultaneously supplies the additional electronic element consuming P2 and P3, the power consumption of that supply is the combined action load P2 +P3. Thus, applying Kuang's disclosed remaining quantity and power relationship to modified Wu would result in a first available duration based on N1/P2+P3. The same reasoning applies to T2, where the second power supply has remaining electric quantity N2 and supplies the body electronic element consuming P1.
Further, once the separate service durations are determined, comparing T1 and T2 identifies which power limited condition ends first. Marubashi reinforces this principle by changing device operation as remaining power conditions are reached and by allowing certain components to continue operating after power to other components has been suppressed [0077-0086]. When one operating condition ends first, the remaining electrical quantity of the other supply is determined after measuring the power consumed during that time period, and the remaining quantity is then used to determine T3. Additionally, Marubashi teaches inhibiting power to selected auxiliary devices [0075]. Once the additional electronic element is turned off, its power consumption is no longer part of the active load, thus, P2=0 reflects the result of turning that element off.
The following are modified rejections based on Applicant’s amendments to the claims.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 6, 7, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (CN 116530747 A, hereinafter citations referring to English Machine Translation), and further in view of Marubashi (US 20210235769 A1) and Kuang (CN 111772248 A, hereinafter citations referring to English Machine Translation).
With regard to Claim 1, Wu, directed to an electronic atomizing device and control method, teaches (i) an electronic atomizing device comprising a power supply unit [0006], an atomizer used to store an atomizing matrix [0005], an atomizing component [0022]. (ii) The atomizing component is configured to heat and atomize the atomizing matrix to form aerosol [0022]. (iii) The atomizing component may be included in the atomizer [0022]. (iv) The power supply unit is detachably connected to the atomizer [0006]. (v) A second battery is included in the power supply device [0025]. (vi) A first battery is included in the atomizer [0022]. (vii) The first battery is electrically connected to the atomizing component [0022] and the second battery can charge first battery [0025], indirectly being connected to the atomizing component.
(viii) The first and second and second batteries can be charged and discharged by respective control chips [0031, 0034, & 0039]. One of ordinary skill in the art would understand that for the control chips to understand when charging or discharging of the batteries are appropriate, a charge value has to be received from each battery before taking action. (ix) The atomizing component receives power from the first battery [0027], indicating that the atomizing component receives a power level from the battery. (x) Wu further teaches acquiring values relating to the first and second batteries to determine whether the batteries need to be charged [0039]. One of ordinary skill in the art would understand that determining whether charging or discharging is appropriate requires monitoring the available or remaining electric quantities of the batteries. Wu teaches all the limitations of the claims as set forth above, however Wu is silent to:
An additional electronic element and a display screen, the additional electronic element being configured to enable the atomization device to implement an additional function
The additional electronic element and display screen being mounted on the power supply box or on the cartomizer, the display screen being electrically connected to the first power supply and/or the second power supply
The additional electronic element being electrically connected to the first power supply and/or the second power supply, the additional electronic element has an additional power P2, and the display screen has a display power P3
Calculating a remaining service duration according to the first remaining electric quantity N1, the second remaining electric quantity N2, the body power P1, the additional power P2, and the display power P3 and controlling the display screen to display the remaining service duration
After acquiring N1 of the first power supply and N2 of the second power supply, calculating a total remaining electric quantity according to N1 and N2, comparing the total remaining electric quantity to a first preset electric quantity N3, and when the total remaining electric quantity is greater than N3, calculating the remaining service duration according to N1, N2, P1, P2, and P3
Wherein the second power supply supplies an electric energy to the body electronic element, and the first power supply supplying electric energy to the display screen and the additional electronic element comprises: calculating and denoting a value of N1/(P2+P3) as a first service duration T1; calculating a second service duration T2 during which the body electronic element is operable according to N2 and P1, comparing T1 and T2, and when T2 is greater than or equal to T1, determining T2 as the remaining service duration; and when T2 is less than T1, calculating and denoting a value of [N1-(P2+P3)*T2]/(P1+P2+P3) as T3 and determining a sum of T2 and T3 as the remaining service duration
When the total remaining electric quantity is less than or equal to N3, turning off the additional electronic element such that P2=0 and calculating the remaining service duration according to N1, N2, P1, and P3
Wherein the second power supply supplies an electric energy to the body electronic element and the first power supply supplies an electric energy to the display screen and calculating the remaining service duration according to N1, N2, P1, and P3 further comprises: calculating and denoting a value of N1/P3 as a first service duration T1; calculating a second service duration T2 during which the body electronic element is operable according to N2 and P1; comparing T1 to T2; and when T2 is greater than or equal to T1, determining T2 as the remaining service duration; and when T2 is less than T1, calculating and denoting a value of (N1-P3*T2)/(P1+P3) as T3, and determining a sum of T2 and T3 as the remaining service duration
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In regards to i., ii., iii., iv., v., vi., vii., viii., and ix., Marubashi, directed to a flavor generation device teaches (i) additional auxiliary devices for enhanced control of an aerosol generating device and a notification unit, which may be in the form of a display, used to notify a user of the state of the device [0066]. The auxiliary devices may comprise a temperature adjusting unit, a communication unit, notification unit, and other units for enhanced control of the device [0062], allowing the device to comprise an additional function. (ii) The auxiliary devices, including the notification unit, are electrically connected to and operated by power supplied from the power supply through the control unit (Fig. 1: #115, [0075]). One of ordinary skill in the art would understand that because the auxiliary devices are components are connected to power through the control unit and the control unit is located above the power supply (Fig. 1: #112), the auxiliary devices can also be mounted on top of the power supply (Fig. 1: #112) to simplify organization of the internal components of the device. (iii) The auxiliary devices, further comprising multiple adjusting units and the notification unit [0062 & 0066], are powered by the power supply through the control unit [0060]. The power supply sends power to each of the auxiliary devices, including the notification unit, giving them each their own power signals to improve functions of the device [0077].
(iv) Marubashi teaches acquiring a remaining amount value concerning a remaining amount of power stored in the power supply [0005] and controlling operation of generation units and auxiliary devices based on the remaining amount values [0075-0079]. One of ordinary skill would have found it obvious to combine the calculation method of Marubashi with the acquired values of Wu to prolong or control the operation time of the device, while also suppressing degradation of the power supplies [0085]. The notification unit sends information regarding the state of the device [0066], wherein the state may include the remaining amount value of the power supply and/or the remaining energization time [0066]. (v) Marubashi further teaches multiple preset thresholds characterized by charge and discharge values [0076]. The device determines whether the remaining amount is higher than a threshold THD to determine operational states of the device [0102]. When the remaining amount value is higher than the threshold THD, the control unit allows power to be supplied to all generation units and auxiliary device [0077] to prolong operation time of the generation units [0085].
(vi) Further, Marubashi teaches supplying power to generation units and auxiliary devices and changing which power consuming components remain active according to the remaining power conditions [0077-0079]. When sufficient power remains, the relevant generation units and auxiliary devices can operate [0077], whereas at a reduced remaining power condition, only selected components continue to receive power [0078]. (vii) Power supplied to auxiliary devices may be selectively suppressed based on the remaining amount value [0075, 0078]. Suppression may include inhibiting the power supply to the applicable components [0075]. One of ordinary skill in the art would understand that when the additional electronic element is turned off, its power consumption is no longer part of the device load, relating to the claimed condition P2=0.
(viii) When a remaining amount value is lower than the threshold Thd and higher than a threshold THc, the control unit allows power supply to all generation units and specific auxiliary devices, while suppressing power to others [0078], determining which operation continues according to remaining available power conditions to suppress degradation of the power supplies [0085], thereby providing where the display and body electronic element remain active while the additional electronic element is no longer part of the power consuming load. One of ordinary skill in the art would have found it obvious to apply Marubashi’s power management arrangement to the dual power supply device of Wu to prolong or control the operation time of the device, while also suppressing degradation of the power supplies [0085].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the method and atomization device of Wu to comprise the control method including the calculations concerning the additional electronic element, display screen, first remaining electric quantity N1, second remaining electric quantity N2, body power P1, additional power P2, and the display power P3 because both Wu and Marubashi are directed to improving power related issues during use in aerosol generating devices. Marubashi teaches control of auxiliary devices and power supplies control through different threshold and calculations to prolong or control the operation time of the device, while also suppressing degradation of the power supplies [0085] and this merely involves combining prior art references according to known power techniques to yield predictable results.
In regards to iv., vi., and viii., Kuang , directed to displaying battery levels in electronic cigarettes, teaches (iv) determining remaining vaping times by dividing a remaining battery level according to an average vaping power [0071]. The remaining vaping time can be determined according to measurements such as power or current values [0083]. (vi) Kuang further teaches recalculating a remaining operation duration after depletion of another operating condition [0071]. One of ordinary skill in the art would have found it obvious to apply Kuang’s remaining quantity and power calculation to the respective electric quantities and power consuming components of modified Wu, thus calculating first and second service durations. When modified, and where T2 is less than T1, the remaining electric quantity of the first power supply after operation for T2 is used with the remaining active power consuming components to calculating an additional service duration T3.
(viii) Since the remaining battery level is divided by the average vaping power to obtain the e-cigarettes vaping time [0071], it would have been obvious that after suppressing the additional electronic element of modified Wu, such that P2=0, one can recalculate an additional remaining duration according to the same remaining active power consumption conditions. One of ordinary skill in the art would have found it obvious to combine the mathematical relationship between the remaining energy and power consumption of Kuang to the known remaining electric quantity and power values of modified Wu to accurately determine the remaining operating time of the device [0071].
Therefore, before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to modify the method of modified Wu to include calculating a remaining service duration according to N1, N2, P1, P2, and P3 and controlling the display screen; calculating and comparing T1 and T2, calculating and denoting a value T3, and determining a sum of T2 and T3 as the remaining service duration because both Wu and Kuang are directed to improving user convenience related to power in aerosol generating devices. Kuang teaches wherein a battery level is determined by an average vaping power to improve estimation of remaining operating time [0071] and this merely involves combining prior art elements according to known controlled operation methods to yield predictable results.
With regard to Claim 6, modified Wu teaches all the limitations of the claims as set forth above, however modified Wu is silent to:
After comparing the total remaining electric quantity to the first preset electric quantity N3, comparing the total remaining electric quantity to a second preset electric quantity N4, wherein the second preset electric quantity is less than the first preset electric quantity
When determining that the total remaining electric quantity is less than or equal to the second preset electric quantity N4, turning off the display screen, and calculating the remaining service duration according to the first remaining electric quantity N1, the second remaining electric quantity N2, and the body power P1.
Marubashi teaches (i) comparing remaining amount values to multiple threshold value, wherein when the remaining amount value is higher than a threshold THd, the control unit permits power supply to all generation units and auxiliary devices [0077]. (ii) When the remaining amount value is lower than the threshold THd and higher than the threshold THc, the power supply is suppressed to specific devices [0078]. One of ordinary skill in the art would understand that THc corresponds to a lower remaining power state causing further restrictions on the auxiliary devices [0078]. Operation is continued of selected units according to remaining available power conditions [0078] in order to prolong operation time [0085].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the method of modified Wu to wherein after comparing the total remaining electric quantity to the first preset electric quantity N3, comparing the total remaining electric quantity to a second preset electric quantity N4, wherein the second preset electric quantity is less than the first preset electric quantity, and when determining that the total remaining electric quantity is less than or equal to the second preset electric quantity N4, turning off the display screen, and calculating the remaining service duration according to the first remaining electric quantity N1, the second remaining electric quantity N2, and the body power P1 because both Wu and Marubashi are directed to improving power related issues during use in aerosol generating devices. Marubashi teaches wherein when a remaining value is below a threshold, power to auxiliary devices may be suppressed to prolong operation time [0085] and this merely involves applying a known power control technique to a known aerosol generating device, ready for improvement, to yield predictable results.
With regard to Claim 7, Wu teaches wherein (i) a control chip controls the second battery to charge the first battery, enabling the power supply device to charge the atomizer [0113]. (ii) One of ordinary skill in the art would understand that the amount needed to be transferred from the second battery to the first battery would correspond to the transferred electric quantity, relating to the transfer ratio ƞ. Modified Wu teaches all the limitations of the claims as set forth above, however modified Wu is silent to:
Calculating and determining a value of (N5+N2)/P1 as the remaining service duration
Kuang teaches wherein a remaining vaping time is determined by dividing a remaining battery quantity by power consumption [0071]. One of ordinary skill in the art would have understood that after the transferred electric quantity is added to the remaining available quantity in modified Wu, the total remaining available quantity corresponds to the total available power quantity. Thus, the same calculation of dividing the remaining quantity by power would have been an obvious to improve estimation accuracy of remaining operating time [0071].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the method of modified Wu to include calculating and determining a value of (N5+N2)/P1 as the remaining service duration because both Wu and Kuang are directed to improving user convenience related to power in aerosol generating devices. Kuang teaches wherein a remaining vaping time is determined by dividing a remaining battery quantity by power consumption to improve accuracy of an estimation of remaining vaping time [0071] and this merely involves combining prior art elements according to known power conservation techniques to yield predictable results.
With regard to Claim 10, Wu teaches (i) an electronic atomizing device comprising a power supply unit [0006], an atomizer used to store an atomizing matrix [0005]. (ii) The device further comprises a control chips, integrated onto circuit boards, which controls the charging and discharging of the batteries [0031 & 0034]. The control chip also determines whether the atomizer should be charged based on detected information [0039]. One of ordinary skill in the art would understand that the control chip executes stored instructions and programming from memory in order to perform operation of the atomizer.
With regard to Claim 11, Wu teaches an electronic atomizing device comprising a power supply unit [0006], an atomizer used to store an atomizing matrix [0005]. The device further comprises a control chips, integrated onto circuit boards, which controls the charging and discharging of the batteries [0031 & 0034]. The control chip also determines whether the atomizer should be charged based on detected information [0039]. One of ordinary skill in the art would have understood that such control functions would be implemented through instructions associated with the control chip, allowing executing of atomizer charging control.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (CN 116530747 A, hereinafter citations referring to English Machine Translation), Marubashi (US 20210235769 A1), and Kuang (CN 111772248 A, hereinafter citations referring to English Machine Translation), as applied to claim 1 above and further in view of Chen (US 20210307394 A1).
With regard to Claim 8, Wu teaches wherein a control chip controls the second battery to charge the first battery based on detected information [0039], enabling the power supply device to charge the atomizer [0113]. Modified Wu teaches all the limitations of the claims as set forth above, however modified Wu is silent to:
Acquiring an average smoking duration and an average power consumption of the atomization device for a previous preset number of times
Calculating an average power consumption rate according to the average power consumption and the average smoking duration
Comparing the average power consumption rate to a preset consumption rate
When determining that the average power consumption rate is greater than or equal to the preset power consumption rate, determining the second service duration T2 according to T2=αn2/P1, wherein is greater than 0.5 and less than 0.85
When determining that the average power consumption rate is less than or equal to the preset power consumption rate, determining the second service duration T2 according to T2=βn2/P1, wherein β is greater than 0.85 and less than 1
In regards to i. and ii., Kuang teaches (i & ii) obtaining an average inhalation power of the electronic cigarette [0069]. A remaining vaping time can be determined according to a remaining battery percentage and average vaping power to improve accuracy of an estimation of remaining vaping time [0071]. One of ordinary skill in the art would have understood that to obtain a remaining vaping time, the time would have to compared to each other over multiple inhalation events to determine the time that is left.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the method of modified Wo include acquiring an average smoking duration and an average power consumption of the atomization device for a previous preset number of times and calculating an average power consumption rate according to the average power consumption and the average smoking duration because both Wu and Kuang are directed improving user convenience related to power in aerosol generating devices. Kuang teaches wherein a remaining vaping time can be determined based on average power and battery percentage to improve accuracy of an estimation of remaining vaping time [0071] and this merely involves applying a known calculation technique to a known method of an aerosol generating device, ready for improvement to yield predictable results.
In regards to iii., iv., and v., Chen, directed to a vaporization device and method, teaches (iii) determining whether a duration in which power output to a heating component is stopped is greater than a preset threshold [0159]. (iv) When the determined duration is greater than or equal to the threshold, powers P1 and P2 are outputted [0159-0161]. (v) Adjusted power outputs may increase use time of the power supply component [0165]. One of ordinary skill in the art would have understood that higher power reduces the expected remaining operation duration, while lower power rates preserve operation durations. Accordingly, it would have been obvious to optimize the values to keep below higher consumption conditions to increase a remaining duration of the device and under lower consumption conditions to solve the issue of fast power consumption ([0006], MPEP 2145(II)).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the method of modified Wu to include comparing the average power consumption rate to a preset consumption rate, when determining that the average power consumption rate is greater than or equal to the preset power consumption rate, determining the second service duration T2 according to T2=αn2/P1, wherein ais greater than 0.5 and less than 0.85, and when determining that the average power consumption rate is less than or equal to the preset power consumption rate, determining the second service duration T2 according to T2=βn2/P1, wherein β is greater than 0.85 and less than 1 because both Wu and Chen are directed to directly controlling the power supply in aerosol generating device to improve power consumption. Chen teaches adjusting power outputs of a power supply component to lower the chance of fast power consumption [0006] and this merely involves choosing from a finite number of predictable solutions to lower power consumption, with a reasonable expectation of success.
With regard to Claim 9, Wu teaches wherein a control chip controls the second battery to charge the first battery based on detected information [0039], enabling the power supply device to charge the atomizer [0113]. Modified Wu teaches all the limitations of the claims as set forth above, however modified Wu is silent to:
Acquiring an average smoking duration and an average power consumption of the atomization device for a previous preset number of times
Calculating an average power consumption rate according to the average power consumption and the average smoking duration
Comparing the average power consumption rate to a preset consumption rate
When determining that the average power consumption rate is greater than or equal to the preset power consumption rate, determining the second service duration T2 according to T2=αn2/P1, wherein ais greater than 0.5 and less than 0.85
When determining that the average power consumption rate is less than or equal to the preset power consumption rate, determining the second service duration T2 according to T2=Bn2/P1, wherein β is greater than 0.85 and less than 1
In regards to i. and ii., Kuang teaches (i & ii) obtaining an average inhalation power of the electronic cigarette [0069]. A remaining vaping time can be determined according to a remaining battery percentage and average vaping power to improve accuracy of an estimation of remaining vaping time [0071]. One of ordinary skill in the art would have understood that to obtain a remaining vaping time, the time would have to compared to each other over multiple inhalation events to determine the time that is left.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the method of modified Wo include acquiring an average smoking duration and an average power consumption of the atomization device for a previous preset number of times and calculating an average power consumption rate according to the average power consumption and the average smoking duration because both Wu and Kuang are directed improving user convenience related to power in aerosol generating devices. Kuang teaches wherein a remaining vaping time can be determined based on average power and battery percentage to improve accuracy of an estimation of remaining vaping time [0071] and this merely involves applying a known calculation technique to a known method of an aerosol generating device, ready for improvement to yield predictable results.
In regards to iii., iv., and v., Chen, directed to a vaporization device and method, teaches (iii) determining whether a duration in which power output to a heating component is stopped is greater than a preset threshold [0159]. (iv) When the determined duration is greater than or equal to the threshold, powers P1 and P2 are outputted [0159-0161]. (v) Adjusted power outputs may increase use time of the power supply component [0165]. One of ordinary skill in the art would have understood that higher power reduces the expected remaining operation duration, while lower power rates preserve operation durations. Accordingly, it would have been obvious to optimize the values to keep below higher consumption conditions to increase a remaining duration of the device and under lower consumption conditions to solve the issue of fast power consumption ([0006], MPEP 2145(II)).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the method of modified Wu to include comparing the average power consumption rate to a preset consumption rate, when determining that the average power consumption rate is greater than or equal to the preset power consumption rate, determining the second service duration T2 according to T2=αn2/P1, wherein ais greater than 0.5 and less than 0.85, and when determining that the average power consumption rate is less than or equal to the preset power consumption rate, determining the second service duration T2 according to T2=βn2/P1, wherein β is greater than 0.85 and less than 1 because both Wu and Chen are directed to directly controlling the power supply in aerosol generating device to improve power consumption. Chen teaches adjusting power outputs of a power supply component to lower the chance of fast power consumption [0006] and this merely involves choosing from a finite number of predictable solutions to lower power consumption, with a reasonable expectation of success.
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 OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
