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 Status
Claims 1-20 are pending:
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 11/05/2023, 04/17/2024, 04/30/2025, 10/30/2025 is/are being considered by the examiner.
Claim Interpretation - 35 USC § 112(f)
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
“means for heating an aerosol source” in claim 19
Corresponding structure
Heater, as informed by heating unit 170 and at least Para28
Or equivalents
“means for outputting a value related to a temperature of the case” in claim 19
Corresponding structure
Sensor, as informed by at least Para31
Or equivalents
“means for executing protection control for prohibiting one or both of charging of the battery and discharging from the battery to the means for heating based on an output value of the means for outputting” in claim 19
Corresponding structure
Controller, as informed by at least Para181
Or equivalents
Claim Objections
Applicant is advised that should claim 19 be found allowable, claim 20 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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) 1-4, 12-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson (US 10,888,125)
Claim 1
Anderson discloses:
“An apparatus (best seen by block diagram in Fig1) for an aerosol generating device (vaporizer 100), comprising:
a power supply (power source 8);
a connector (Fig1, contacts 62/65; Fig9J connector 606) connected to a heater (atomizer 26) configured to heat an aerosol source by consuming power supplied from the power supply (C15L61-C16L2);
a case (best seen Fig1, body 50 / case 102) which constitutes a surface of the apparatus (surface of body 50 / case 102);
a sensor (sensors 29, circuits 512/512a; C20L23-35) which is disposed in the case (arrangement shown Fig1) and is configured to output a value related to a temperature of the case (C20L23-35); and
circuitry configured to execute protection control for prohibiting one or both of charging of the power supply and discharging from the power supply to the heater based on an output value of the sensor (C33L63-C34L28, electric power to heating element is limited based on measured temperature of the heating element; C44L16-21).”
Claim 2
Anderson discloses: “The apparatus of claim 1, wherein the circuitry is configured to receive a user input corresponding to a command to complete the protection control (C18L51-C19L10, heating of the heating element is directly associated with a user’s input, for example due to a pressure sensor to indicate a user inhaling).”
Claim 3
Anderson discloses: “The apparatus of claim 2, wherein the circuitry is configured to control supply of power from the power supply to the heater (C15L61-C16L2); acquire the temperature of the case based on the output value of the sensor (C20L23-35, C33L63-C34L28); execute the protection control when the temperature of the case is equal to or higher than a first threshold (C44L16-21, upper bound); and complete the protection control when the temperature of the case is equal to or lower than a second threshold which is lower than the first threshold (C44L16-21, lower bound).”
Claim 4
Anderson discloses: “The apparatus of claim 3, wherein the circuitry is configured to complete the protection control when the temperature of the case becomes equal to or lower than the second threshold (C44L16-21).”
Claim 12
Anderson discloses: “The apparatus of claim 1, further comprising: the heater (atomizer 26); and a chassis on which the power supply, the heater, and the sensor are mounted (Fig1, body 50/case 102 includes skeleton 501 which contains/mounts at least battery 508, contacts 62, circuits 512/512a).”
Claim 13
Anderson discloses: “The apparatus of claim 12, wherein: the heater and the power supply are disposed side by side in a first direction (best seen Fig1E/2A, battery 508 at bottom with contacts 62 at top); and the sensor is fixed to the chassis to be located between the heater and the power supply in the first direction (best seen Fig1E/2A, circuits 512/512A located vertically between battery and contacts).”
Claim 14
Anderson discloses: “The apparatus of claim 12, wherein the chassis includes one or both of a portion located between the power supply and the sensor and a portion located between the heater and the sensor (Fig1, body 50 includes all space portions that are located between all sub-components).”
Claim 15
Anderson discloses:
“An aerosol generating device (best seen Fig1, vaporizer 100), comprising:
a case (best seen Fig1, body 50 / case 102) forming an outer surface of the aerosol generating device (surface of body 50 / case 102);
a battery disposed within the case (best seen Fig1, power source 8, battery 508 within body 50);
a heater (atomizer 26) disposed within the case (arrangement best seen Fig1-1C) and configured to heat an aerosol source by consuming power supplied from the battery (C15L61-C16L2);
a sensor (sensors 29, circuits 512/512a; C20L23-35) disposed within the case (arrangement shown Fig1/2) and configured to output a value related to a temperature of the case (C20L23-35); and
circuitry disposed within the case and configured to prohibit one or both of charging the battery and discharging power from the battery based on an output value of the sensor (C33L63-C34L28, electric power to heating element is limited based on measured temperature of the heating element; C44L16-21).”
Claim 16
Anderson discloses: “The aerosol generating device of claim 15, wherein the circuitry is configured to: acquire the output value from the sensor (C20L23-35, C33L63-C34L28); prohibit one or both of charging the battery and discharging power from the battery when the output value indicates that the temperature of the case is equal to or higher than a first threshold (C44L16-21, upper bound); and permit charging the battery and discharging power from the battery when the output value indicates that the temperature of the case is equal to or lower than a second threshold which is lower than the first threshold (C44L16-21, thermal protections do not impact heating between upper and lower bounds).”
Claim 17
Anderson discloses: “The aerosol generating device of claim 15, wherein the heater is configured to heat a tobacco stick to generate aerosol from the tobacco stick (C17L1-19, tobacco leaves are an optional input source for vaporization).”
Claim 18
Anderson discloses: “The aerosol generating device of claim 15, further comprising: a chassis disposed within the case, wherein the battery, the heater, the sensor and the circuitry are mounted on the chassis (Fig1, body 50/case 102 includes skeleton 501 which contains/mounts at least battery 508, contacts 62, circuits 512/512a).”
Claim 19
Anderson discloses:
“An apparatus for an aerosol generating device (best seen Fig1, vaporizer 100), comprising:
a battery (best seen Fig1, power source 8, battery 508 within body 50);
a connector (Fig1, contacts 62/65; Fig9J connector 606) connected to a means for heating an aerosol source (atomizer 26) by consuming power supplied from the battery (C15L61-C16L2);
a case (best seen Fig1, body 50 / case 102) which constitutes a surface of the apparatus (surface of body 50 / case 102);
means for outputting a value related to a temperature of the case (sensors 29, circuits 512/512a; C20L23-35); and
means for executing protection control for prohibiting one or both of charging of the battery and discharging from the battery to the means for heating based on an output value of the means for outputting (C33L63-C34L28, electric power to heating element is limited based on measured temperature of the heating element; C44L16-21).”
Claim 20
Anderson discloses: “The apparatus of claim 19, further comprising: the means for heating (atomizer 26, C15L61-C16L2).”
Allowable Subject Matter
Claim 5-11 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 5
The prior art of record fails to anticipate or render obvious the limitations of the claim, and in particular “wherein: the protection control includes first protection control configured to be completed and second protection control configured to be completed with more operations performed by a user for completion than the first protection control; the first protection control is executed when the output value is a value indicating that the temperature of the case is equal to or higher than a first threshold; and the second protection control is executed when the output value is a value indicating that the temperature of the case is equal to or higher than a second threshold which is higher than the first threshold” in combination with the remaining limitations of the claim.
Claim 6-11 would be allowable based on dependency upon claim 5.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 11,133,692 to Akao: US Patent version of IDS reference
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN HUNTER JR whose telephone number is (571)272-5093. The examiner can normally be reached M-F, 9-18.
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/JOHN S HUNTER, JR/Examiner, Art Unit 3761
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