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 .
Election/Restrictions
Applicant’s election of claims 1-18 and 21 in the reply filed on 6/2/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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) 1-5, 7, 12-15, 17, 18 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by AMPOLINI et al. (US 2014/0270727).
With respect to claim 1¸ AMPOLINI et al. discloses an electronic smoking device (Abstract; Paragraph [0002]), comprising a power supply for supplying electric power (Paragraphs [0028], [0029]; Figure 2); a heater configured to heat an aerosol precursor (e.g., substrate including an aerosol source) by using the electric power supplied from the power supply (Paragraphs [0063]-[0065]); a controller/processor that determines the amount of power (e.g., measurement value) supplied ot the heater (Paragraphs [0073], [0077], [0116], [0133]) using a sense arrangement (e.g., sensor) (Paragraph [0071]); an electrical load (e.g., passing through 380, 400 and 575 (Paragraphs [0069]-[0073]; Figure 2 ) configured to operate by using power supplied from the battery. The electrical load is different from the heater. The electrical load can also be represented by the power that flows through 280, (Paragraph [0088]), 260 and 250 (Paragraph [0092]), 270 (Paragraphs [0087], [0088] (Figure 1). The device further comprises circuitry (Paragraphs [0079]; Figure 1) configured to control, based on a heating setting defining time-based segments (e.g., time-series transition of a target temperature) for transitioning of a temperature of the heater to a target temperature so that the temperature of the heater changes in accordance with the target temperature (Paragraphs [0106]-[0114]; Figure 9).
AMPOLINI et al. discloses that the power levels for each segment is adjusted and controlled. The temperature of the heater corresponds to the power levels (Paragraphs [0067], [0069] and [0093]). Thus, the temperature is controlled according to the control of the power levels. The highest temperature reached (Figure 9) represent the target vale for the generation of aerosol.
AMPOLINI et al. further discloses performing, in accordance with the start of supplying of power, a correction process of correcting the measured value (Paragraphs [0007], [0064], [0068], [0069], [0073], [0074], [0077]; Figure 4).
With respect to claims 2 and 3¸ AMPOLINI et al. discloses performing, in accordance with the start of supplying of power, a correction process of correcting the measured value (Paragraphs [0007], [0064], [0068], [0069], [0073], [0074], [0077]; Figure 4) from the starting of heating, or when compared to a moving window (e.g., value measured last time (as required by claim 3) (Paragraphs [0071]-[0073])
With respect to claim 4¸ AMPOLINI et al. discloses that the correction process includes correcting the measurement value as a subject of correction by a moving average (Paragraph [0072]).
With respect to claim 5, AMPOLINI et al. discloses that the heating setting includes a plurality of segments (e.g., plurality of periods) each of which has a target power level (Paragraphs [0106]-[0114]; Figure 9) and the circuitry is configured to select each period based on an elapsed time from the start (Paragraphs [0108]-[0112]). The correction happens (Paragraphs [0007], [0064], [0068], [0069], [0073], [0074], [0077]; Figure 4) from the starting of heating, or when compared to a moving window (Paragraphs [0071]-[0073]).
AMPOLINI et al. discloses that the power levels for each segment is adjusted and controlled. The temperature of the heater corresponds to the power levels (Paragraphs [0067], [0069] and [0093]). Thus, the temperature is controlled according to the control of the power levels.
With respect to claim 7¸ AMPOLINI et al. discloses that the power levels for each segment is adjusted and controlled. The temperature of the heater corresponds to the power levels (Paragraphs [0067], [0069] and [0093]). Thus, the temperature is controlled according to the control of the power levels. The power levels are continuously determined and adjusted (Paragraph [0064]). Thus, the circuitry is configured to measure the measurement value even while adjusting temperatures between successive segments. Moreover, the correction is done based on a moving average (Paragraph [0072]).
With respect to claim 12, AMPOLINI et al. further discloses performing, in accordance with the start of supplying of power, a correction process of correcting the measured value, to the end of supplying power (Paragraphs [0007], [0064], [0068], [0069], [0073], [0074], [0077]; Figure 4).
With respect to claim 13¸ AMPOLINI et al. discloses that the circuitry is configured to perform the correction process continuously during heating (Paragraphs [0064] and [0073]) and the heating is commenced once inhalation is detected (Paragraphs [0086]-[0088]).
With respect to claim 14, AMPOLINI et al. discloses that the circuitry is configured to perform the correction process continuously during heating (Paragraphs [0064] and [0073]) and the heating is commenced once inhalation is detected (Paragraphs [0086]-[0088]). The predetermined threshold value is zero power supplied to the heater. Once the user inhales, and the power is turned on, the correction process is performed.
With respect to claim 15, AMPOLINI et al. discloses that the circuitry is configured to perform the correction process continuously during heating (Paragraphs [0064] and [0073]) and the heating is commenced once inhalation is detected (Paragraphs [0086]-[0088]). The predetermined threshold value is zero power supplied to the heater. Once the user inhales, and the power is turned on, the correction process is performed. The correction subject range is the entire puff.
With respect to claim 17, AMPOLINI et al. discloses that the electrical load, 575, is used to measure voltage drop, which is then compared to reference voltage to then adjust the power to the heater (Paragraph [0071]).
With respect to claim 18¸ AMPOLINI et al. discloses that the electrical load is an LED (Paragraphs [0087], [0092]).
With respect to claim 21, AMPOLINI et al. discloses an electronic smoking device (Abstract; Paragraph [0002]), comprising a battery for supplying electric power (Paragraphs [0028], [0029]; Figure 2); a heater configured to heat an aerosol precursor (e.g., substrate including an aerosol source) by using the electric power supplied from the battery (Paragraphs [0063]-[0065]); a user interface, such as LEDs, powered by the battery (Paragraphs 0084], [0092], [0096], [0129], [0131]); a controller/processor that determines the amount of power (e.g., measurement value) supplied to the heater (Paragraphs [0073], [0077], [0116], [0133]) using a sense arrangement (e.g., sensor) (Paragraph [0071]); an electrical load (e.g., passing through 380, 400 and 575 (Paragraphs [0069]-[0073]; Figure 2 ) configured to operate by using power supplied from the battery. The electrical load is different from the heater. The electrical load can also be represented by the power that flows through 280, (Paragraph [0088]), 260 and 250 (Paragraph [0092]), 270 (Paragraphs [0087], [0088] (Figure 1). The device further comprises circuitry (Paragraphs [0079]; Figure 1) configured to control, based on a heating setting defining time-based segments (e.g., time-series transition of a target temperature) for transitioning of a temperature of the heater to a target temperature so that the temperature of the heater changes in accordance with the target temperature (Paragraphs [0106]-[0114]; Figure 9).
AMPOLINI et al. discloses that the power levels for each segment is adjusted and controlled. The temperature of the heater corresponds to the power levels (Paragraphs [0067], [0069] and [0093]). Thus, the temperature is controlled according to the control of the power levels. The highest temperature reached (Figure 9) represent the target vale for the generation of aerosol.
AMPOLINI et al. further discloses performing, in accordance with the start of supplying of power, a correction process of correcting the measured value (Paragraphs [0007], [0064], [0068], [0069], [0073], [0074], [0077]; Figure 4).
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 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.
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Claim(s) 6 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over AMPOLINI et al. (US 2014/0270727) in view of BUTIN et al. (US 2021/0145071).
With respect to claim 6, AMPOLINI et al. discloses that the power levels for each segment is adjusted and controlled. The temperature of the heater corresponds to the power levels (Paragraphs [0067], [0069] and [0093]). Thus, the temperature is controlled according to the control of the power levels. The power levels are continuously determined and adjusted (Paragraph [0064]). Thus, the circuitry is configured to measure the measurement value even while adjusting temperatures between successive segments. Moreover, the correction is done based on a moving average (Paragraph [0072]).
AMPOLINI et al. does not explicitly disclose correcting before the measurement value. BUTIN et al. discloses an aerosol generating system (Abstract) wherein the power to the heater is provided in a series of heating pulses and one or more probing pulses between successive heating pulses so as to provide a particularly fine measure of the temperature of the heater (Paragraphs [0019]-[0023]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide probe pulses between heating pulses in AMPOLINI et al., as taught by BUTIN et al. so that fine control of the temperature can be obtained.
The probing pulses between successive heating pulses implicitly includes a probe pulse before a heating pulse.
With respect to claim 11, AMPOLINI et al. discloses that the power levels for each segment is adjusted and controlled. The temperature of the heater corresponds to the power levels (Paragraphs [0067], [0069] and [0093]). Thus, the temperature is controlled according to the control of the power levels. The power levels are continuously determined and adjusted (Paragraph [0064]). Thus, the circuitry is configured to measure the measurement value even while adjusting temperatures between successive segments. Moreover, the correction is done based on a moving average (Paragraph [0072]).
AMPOLINI et al. does not explicitly disclose correcting before the measurement value. BUTIN et al. discloses an aerosol generating system (Abstract) wherein the power to the heater is provided in a series of heating pulses and one or more probing pulses between successive heating pulses so as to provide a particularly fine measure of the temperature of the heater (Paragraphs [0019]-[0023]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide probe pulses between heating pulses in AMPOLINI et al., as taught by BUTIN et al. so that fine control of the temperature can be obtained.
The probing pulses between successive heating pulses implicitly includes a probe pulse after one or more heating pulses.
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Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over AMPOLINI et al. (US 2014/0270727) in view of LACOVARA (US 2022/0015428).
With respect to claim 8¸ AMPOLINI et al. does not explicitly disclose prohibiting heating one a predetermined number of measurements are made.
LACOVARA discloses a vaping device (Abstract) wherein after three or more measurements (e.g., predetermined number of measurements) are taken, the power is turned off to the heater so that an estimation of the resistance can be obtained (Paragraph [0129]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide three measurements in AMPOLINI et al., and then to disable to heater, as taught by LACOVARA, so that the resistance of the heater can be determined.
Allowable Subject Matter
Claims 9, 10 and 16 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.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claim 9, LACOVARA only indicates a single period after which the power is turned off. While repeating the measuring and power off cycles would lead to multiple cycles in which the power is turned off, there is not disclosure about the relative number of measurements between each cycle. Thus, alleging that this feature would have been considered by one of ordinary skill in the art, would only be possible using impermissible hindsight.
With respect to claim 16, AMPOLINI et al. discloses the claimed power supply and a correction period (e.g., the entire puff) (See rejection of claim 1). However, AMPOLINI et al. does not correlate a second correction period to the electrical load, per se.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX B EFTA whose telephone number is (313)446-6548. The examiner can normally be reached 8AM-5PM EST M-F.
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/ALEX B EFTA/ Primary Examiner, Art Unit 1745
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