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 § 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.
Claims 1-14 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a second circuit board separate from the first circuit board, a plurality of thermistor sensors wherein: the heater connector is disposed on the second circuit board of the first circuit board and the second circuit board”. It is unclear how the two separate circuit boards , as recited in the claim, connected together. It is also unclear how the second circuit part, which is a separate circuit board from the first circuit board, being part of the first circuit board. Thus, the underlined limitations render the claim unclear. Thus, the underlined limitations render the claim unclear. For the Examination purpose it is considered the first and the second circuit boards are separate and each have their own thermistor Appropriate correction is required.
Claim 4 recites, “ wherein the first circuit board is closer to the first thermistor than the second circuit board “. It is unclear how “close” is the first circuit board to the first thermistor. The term “Close” in the claim is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Appropriate correction is required.
Claim 14 recites “a second circuit board separate from the first circuit board, wherein: the second thermistor connector is disposed only on the first circuit board of the first circuit board and the second circuit board; and the first heater connector is disposed only on the second circuit board of the first circuit board and the second circuit board”. It is unclear how the two separate circuit boards , as recited in the claim, connected together. It is also unclear how the second circuit board, which is a separate circuit board from the first circuit board, being part of the first circuit board. Thus, the underlined limitations render the claim unclear. For the Examination purpose it is considered the first and the second circuit boards are separate, and each have their own thermistor. Appropriate correction is required.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 14 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lee et al. (US 11,930,840), hereinafter Lee.
As to claim 14, Lee discloses in figure 9, an apparatus for an aerosol generating device, comprising:
a power supply [a battery power supply (920); see Col. 12, lines 44-47].
a first heater connector [connector located on the first circuit board which connects the first thermistor (930); see figure 9 and also see Col. 12, lines 44-47] connected to a heater configured to heat an aerosol source by consuming power supplied from the power supply [see Col. 13, lines 1-30].
a thermistor [thermistor 930)]; a second thermistor connector [connector located on the circuit board (950)] connected to the thermistor. a first circuit board [first circuit board (950)]; and a second circuit board [circuit board (925)] separate from the first circuit board,
wherein [see Col. 12, lines 44-47 and Col. 13, lines 1-30]:
the second thermistor connector is disposed only on the first circuit board of the first circuit board and the second circuit board [see figure 9; see Col. 12, lines 44-47 and Col. 13, lines 1-30]: and
the first heater connector is disposed only on the second circuit board of the first circuit board and the second circuit board [noted that the first thermistor (940) is located on the first circuit board (950) and the second thermistor (930) located on the second circuit board (925); see Col. 12, lines 44-47 and Col. 13, lines 1-30].
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 11,930,840), hereinafter Lee.
As to claims 1 Lee discloses in figure 9, an apparatus for an aerosol generating device, comprising:
a power supply [a battery power supply (920); Col. 12, lines 4-45];
a heater [heater element (910); Col. 12, lines 54-56] connector connected to a heater configured to heat an aerosol source [aerosol (900); Col. 12, lines 43-45] by consuming power supplied from the power supply.
a temperature sensor [thermistor (940); see also Col. 12, lines 43-47] ;
a first circuit board [first security board (950); see Col. 12, lines 43-47 and Col. 13, lines 1-30]; and
a second circuit board [circuit board (920)] separate from the first circuit board,
a plurality of thermistor sensors [thermistors (940) and (930)] wherein: the heater connector is disposed on the second circuit board of the first circuit board and the second circuit board [noted that the heater (910), the circuit board (950) and the battery (920) are electrically connected; see Col. 12, lines 43-47 and Col. 13, lines 1-30].
Lee discloses a plurality of thermistors.
However, Lee does not disclose explicitly, a number of the plurality of thermistor connectors disposed on the first circuit board is larger than a number of the plurality of thermistor connectors disposed on the second circuit board.
It would have been obvious to one having ordinary skill in the art at the time of the invention was made to add plurality of thermistors in Lee’s apparatus in order to effectively control and detect the temperature of the aerosol device, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
As to claim 2, Lee discloses in figure 9, wherein: each of the first circuit board and the second circuit board has a shape extending in a predetermined direction; a first thermistor connector disposed on the first circuit board is disposed on an end portion of the first circuit board on one side in the predetermined direction; and the heater connector is disposed on an end portion of the second circuit board on the one side in the predetermined direction[see Col. 13, lines 11-44; first circuit board (925) and the second circuit board (950) and first thermistors and second thermistors are located on the first circuit board and the second circuit board].
As to claim 3, Lee discloses in figure 9, the heater, wherein the heater [figures 4A, and element (410)] and a first thermistor [heaters (121)] connected to the first thermistor connector are provided on the one side in the predetermined direction with respect to the first circuit board and the second circuit board [see Col. 8, lines 1-19].
As to claim 4. Lee discloses in figure 9, wherein the first circuit board [circuit board {950)] is closer to the first thermistor [thermistor 940] than the second circuit board [second circuit board (925)] [Col. 13, lines 11-14].
As to claim 5, Lee discloses in figure 9, wherein the first circuit board [element 950] includes a main surface on which the first thermistor connector is disposed of [the first thermistor (940) is located on the main surface]; and the first thermistor is located on a virtual plane including the main surface [see figure 9].
As to claim 11, Lee discloses in figure 9, a power supply [battery power supply (920)] connector connected to the power supply, wherein the power supply connector is disposed on the second circuit board [Col. 12, lines 43-55].
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of JP6831031, hereinafter 031’.
As to claim 8, Lee discloses all of the claim limitations except, a switching regulator including an input terminal connected to the power supply and an output terminal connected to the heater connector, wherein: the switching regulator is configured to convert, from the output terminal, an input voltage and be capable of outputting a converted voltage; and the switching regulator is disposed on the second circuit board.
031’ discloses in figures 4 and 5, a switching regulator [regulator (63)] including an input terminal connected to the power supply [power supply (12)] and an output terminal connected to the heater connector, wherein: the switching regulator is configured to convert, from the output terminal [element 21], an input voltage and be capable of outputting a converted voltage; and the switching regulator is disposed on the second circuit board.
It would have been obvious to one ordinary skill in the art before the effective filling date of the claimed invention was made to add a switching regulator in Lee’s apparatus as taught by 031’ in order to precisely control the charging pulses and also reduces noise signals.
Allowable Subject Matter
Claims 6-7, 9-10 and 12-13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 15-20 are allowed.
The following is an examiner’s statement of reasons for allowance:
For Claim 15: primarily, the prior art of record does not disclose or suggest in the claimed combination: heater configured to consume power supplied from the power source to heat the aerosol source; a first thermistor in contact with or in close proximity to the heater.
a second thermistor spaced apart from the first thermistor; a first connector to which the first thermistor is connected; a second connector to which the second thermistor is connected; a first circuit board on which the first connector and the second connector are arranged; a first wiring configured to connect the first thermistor and the first connector; a second wiring configured to connect the second thermistor and the second thermistor connector, wherein the first wiring is shorter than the second wiring.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Verleur et al. (US 2015/0305409) discloses Vaporizer.
Chan et al. (US 2022/0338544) discloses an Aerosol-Generating Device having A heat Conductive Assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMUEL BERHANU whose telephone number is (571)272-8430. The examiner can normally be reached M_F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Julian A. Huffman can be reached at Julian.Huffman@uspto.gov. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMUEL BERHANU/Primary Examiner, Art Unit 2859
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