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
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, 5-6, 8-9, 13-15 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Goggin (U.S Pub. No. 20160198771) in view of Ruscio (U.S Pub. No. 20220211113) and further in view of Monsees et al. (U.S Pub. No. 20160366947).
Regarding claim 1, Goggin discloses a method for controlling a heating element of an atomizer according to a temperature sensor [0100-0103], the atomizer having a chamber [0036-0037] disposed within the atomizer, wherein the chamber is configured to hold a vaporizable material, comprising:
receiving, from the temperature sensor, an input signal; and generating an output signal according to the temperature event [0101-0102], wherein the temperature sensor and the heating element are disposed within the atomizer [0037] and wherein the temperature sensor is coupled to the chamber [0037, 0100], wherein the vaporizable material is a flower [0003-0004].
Goggin does not expressly disclose the conversion of signal from a temperature sensor to a digital value. Ruscio discloses a method for converting the output signal of the temperature sensor into a digital value [0020-0027] for processing the digital value to a predetermined threshold value. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to convert the signal of a temperature sensor into a digital value in an electrical circuitry as taught by Ruscio for processing the input value with a digital value corresponding to the threshold value.
In addition to the discussion above wherein the disclosure of a preferred embodiment of Goggin wherein a desired temperature of the chamber can be 440 degrees Fahrenheit [0037]. It is noted that Ruscio also discloses the temperature sensor provides signal of the temperature in the chamber (receiving cavity) [0027]. Therefore, the combination of Goggin and Ruscio teaches/suggests a temperature sensor coupled to the chamber.
Goggin also discloses the criteria comprises a predetermined threshold value [0101-0103] and comparing the digital value to the threshold value (Goggin [0100-0103]).
Goggin does not expressly disclose the presence/absence of the vaporizable material. Monsees discloses a method wherein the printed circuit board can detect the presence of the vaporizable material and generating an output signal according to the detection (presence/absence) such as turning off power to the heating when the vaporizable material is not detected [0267]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the output signal with a first value if the digital value is less than the predetermined threshold value and a second value if the digital value is greater than or equal to the predetermined threshold value, wherein the first value indicates an absence of the vaporizable material inside the chamber, and wherein the second value indicates a presence of the vaporizable material inside the chamber of the method of Goggin so that the device of Goggin can act according the detection (presence/absence) of the vaporizable material as taught by Monsees.
Regarding claim 5, Goggin discloses wherein the output signal is an OFF signal corresponding to the temperature event; and the atomizer is disabled in response to generating the OFF signal [0101-0103].
Regarding claim 6, Goggin discloses wherein the temperature sensor is a metal wire [0047].
Regarding claim 8, Goggin discloses wherein the flower is cannabis flower and/or tobacco flower [0003-0004].
Regarding claim 9, Goggin discloses a method for controlling a heating element of an atomizer according to a temperature sensor [0037], the atomizer having a chamber disposed within the atomizer chamber [0036-0037], wherein the chamber is configured to hold a vaporizable material, comprising:
receiving, from the temperature sensor, an input signal; determining a temperature event according the input signal and a criteria [0101-0102]; and generating an output signal according to the temperature event [0101-0103], wherein the temperature sensor and the heating element are disposed within the atomizer and wherein the temperature sensor is coupled to the chamber [0037, 0100].
In addition to the discussion above wherein the disclosure of a preferred embodiment of Goggin wherein a desired temperature of the chamber can be 440 degrees Fahrenheit [0037]. It is noted that Ruscio also discloses the temperature sensor provides signal of the temperature in the chamber (receiving cavity) [0027]. Therefore, the combination of Goggin and Ruscio teaches/suggests a temperature sensor coupled to the chamber.
Goggin also discloses wherein the criteria comprises a predetermined threshold value [0101-0102], and comparing the digital value to the threshold value (Goggin [0100-0103]).
Goggin does not expressly disclose the presence/absence of the vaporizable material. Monsees discloses a method wherein the printed circuit board can detect the presence of the vaporizable material and generating an output signal according to the detection (presence/absence) such as turning off power to the heating when the vaporizable material is not detected [0267]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the output signal with a first value if the digital value is less than the predetermined threshold value and a second value if the digital value is greater than or equal to the predetermined threshold value, wherein the first value indicates an absence of the vaporizable material inside the chamber, and wherein the second value indicates a presence of the vaporizable material inside the chamber of the method of Goggin so that the device of Goggin can act according the detection (presence/absence) of the vaporizable material as taught by Monsees.
Regarding claim 13, Goggin discloses the output signal is an OFF signal corresponding to the temperature event; and the atomizer is disabled in response to generating the OFF signal [0101-0103].
Regarding claim 14, Goggin discloses the temperature sensor is a metal wire [0047].
Regarding claim 15, Goggin discloses a method for controlling a heating element of an atomizer according to a temperature sensor communicating with a control circuit, the atomizer having a chamber disposed within the atomizer chamber [0036-0037], wherein the chamber is configured to hold a vaporizable material, comprising:
providing a first circuit within the control circuit (see fig.5);
receiving, from the temperature sensor, an analog input signal at an input terminal of the first circuit; providing an output terminal in the first circuit (see fig. 5),
Goggin does not expressly discloses wherein the first circuit comprises:
converting the analog input signal to a voltage signal;
converting the voltage signal to a corresponding digital value;
Ruscio discloses a method for converting the output signal of the temperature sensor into a digital value [0027]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to convert the signal of a temperature sensor into a digital value in an electrical circuitry as taught by Ruscio.
The combination of Goggin and Ruscio discloses determining a temperature event within the atomizer according to the digital value and a criteria; generating an output signal according to the temperature event within the atomizer; and providing a second circuit within the control circuit connected to the output terminal and configured to receive the output signal (Goggin [0100-0103]) and fig. 5), wherein the temperature sensor and the heating element are disposed within the atomizer and wherein the temperature sensor is coupled to the chamber (Goggin [0037, 0100]).
In addition to the discussion above wherein the disclosure of a preferred embodiment of Goggin wherein a desired temperature of the chamber can be 440 degrees Fahrenheit [0037]. It is noted that Ruscio also discloses the temperature sensor provides signal of the temperature in the chamber (receiving cavity) [0027]. Therefore, the combination of Goggin and Ruscio teaches/suggests a temperature sensor coupled to the chamber.
Goggin also discloses the criteria comprises a predetermined threshold value [0101-0102], and comparing the digital value to the threshold value (Goggin [0100-0103]).
Goggin does not expressly disclose the presence/absence of the vaporizable material. Monsees discloses a method wherein the printed circuit board can detect the presence of the vaporizable material and generating an output signal according to the detection (presence/absence) such as turning off power to the heating when the vaporizable material is not detected [0267]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the output signal with a first value if the digital value is less than the predetermined threshold value and a second value if the digital value is greater than or equal to the predetermined threshold value, wherein the first value indicates an absence of the vaporizable material inside the chamber, and wherein the second value indicates a presence of the vaporizable material inside the chamber of the method of Goggin so that the device of Goggin can act according the detection (presence/absence) of the vaporizable material as taught by Monsees.
Regarding claim 19, Goggin discloses the output signal is an OFF signal corresponding to the temperature event; and the atomizer is disabled in response to generating the OFF signal [0101-0103].
Regarding claim 20, Goggin discloses the temperature sensor is a metal wire [0047].
Response to Arguments
Applicant’s arguments filed 3/4/2026 have been considered but are moot in view of the new ground of rejection.
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 PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
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, Michael H Wilson can be reached at 5712703882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PHU H NGUYEN/Examiner, Art Unit 1747
Prosecution Insights