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 1-18 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
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.
Claims 1, 5-8, 12-13, 15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Cameron (US 2017/0136193 A1) in view of Lamb (US 2017/0251724 A1, cited on the IDS dated 5/29/2025) and Moloney (US 2024/0130434 A1).
Regarding Claim 1, Cameron, directed to inhalation apparatuses ([0002], [0094]), teaches a controller for an inhalation apparatus, wherein the controller operates by electric power supplied from a power supply ([0051], Fig. 1; Electronic vapor device 100 comprises a processor 102, which can be a suitable microprocessor or microcontroller. Electric power is supplied to the processor 102 via power supply 120. Fig. 1 shows that the vapor device 100 comprises processor 102, memory device 104, network access device 106, input/output device 112 (display), GPS 118, which electrically cooperate to form a controller for vapor device 100. [0121], Fig. 13 illustrates an exemplary vapor device 1300, which can comprise the vapor device 100 and any of the vaporizers disclosed herein. Fig. 13 shows that the display 112/1302 can be provided on a control unit (controller) which couples to a cartridge. It is reasonably understood that the processor 102 memory device 104 must be provided on the control unit), and comprises:
a holding portion configured to hold an atomizer including a heater configured to generate flavored aerosol from a generation source of an aerosol source ([0055], Fig. 1; Electronic vapor device 100 comprises a vaporizer 108; and [0094], [0099], Fig. 3 shows a different embodiment of the vaporizer 300 (atomizer) comprising two containers 202a and 202b. Each of containers 202a, 202b contains a replaceable cartridge 206a, 206b containing a vaporizable material (generation source of an aerosol source). Vaporizer 300 (atomizer) comprises a heating element 214 configured to generate flavored aerosol from a generation source of an aerosol source. [00154], The aerosol may be flavored; and [0091], Each of the one or more replaceable cartridges 206 can be configured to fit inside and engage removably with a receptacle (holding portion) of the vapor device 100);
a display ([0121], Fig. 13 illustrates an exemplary vapor device 1300, which can comprise the vapor device 100 and any of the vaporizers disclosed herein. Fig. 13 shows that the display 112/1302 can be provided on the control unit (controller));
a processor ([0051], Fig. 1; Processor 102); and
the processor includes a first mode in which discharge from the power supply to the heater can be controlled and a second mode in which power consumption is smaller than in the first mode ([0049], The vapor device 100 may be operated at various power levels; and [0052], the vapor device 100 can powered off or in an inactive state; and [0094], Figs. 1-3; The processor 102 of the vapor device 100, for control of the vaporizer 300. At a minimum, control can be provided between no power (off state) and one or more powered states. It is reasonably understood that the one or more powered states include a first mode in which discharge from the power supply to the heater can be controlled and a second (inactive) mode in which power consumption is smaller than in the first mode),
the display of the display includes generation source remaining amount display concerning the remaining amount of the generation source ([0122], Figs. 13-14; The display 1302 can provide information to a user such as an amount of vaporizable material (generation source) remaining in one or more containers),
but does not teach the controller i) wherein the display is nonvolatile, and ii) a detection circuit configured to detect replacement of the generation source, wherein the processor configured to control update of display of the nonvolatile display, wherein the processor determines whether to perform the update in response to occurrence of a factor for changing a remaining amount of the generation source, and in a case where it is detected by the detection circuit that the generation source is replaced in the second mode, the processor updates the generation source remaining amount display.
With respect to i), Lamb, directed to inhalation apparatuses ([0001]), teaches an inhalation apparatus ([0037], Fig. 1; Aerosol delivery device 100) comprising:
a nonvolatile display ([0037], Fig. 1; Aerosol delivery device 100 comprises a flexible, emissive or electronic paper display 106. Electronic paper displays are nonvolatile; see instant specification, [0051]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inhalation device of Cameron wherein the display is nonvolatile as taught by Lamb because Cameron and Lamb are directed to inhalation apparatuses, Lamb demonstrates the nonvolatile display may be a low-cost flexible solution that does not include glass or other fragile components, and may be more easily contoured to various device form factors (Lamb, [0003]), and this involves substituting one type of display for another to yield predictable results.
With respect to ii), Moloney, directed to inhalation apparatuses ([0001]-[0008]), teaches an inhalation apparatus ([0030], Fig. 1; Non-combustible aerosol provision device 100),
an atomizer including a heater configured to generate flavored aerosol from a generation source of an aerosol source ([0030], Fig. 1; The device 100 comprises heating assembly 120 (atomizer including a heater) configured to generate an aerosol from the aerosol-generating material 110a (aerosol source) in the consumable 110 (generation source). Aerosol-generating material may, for example, be in the form of a solid, liquid or gel which may contain an active substance and/or flavorants)
a display, the display of the display includes generation source remaining amount display concerning the remaining amount of the generation source ([0050], Fig. 1; Device 100 comprises an indicator 180 which is configured to display an indication to the user of an amount of remaining usable aerosol-generating material 110a in the device 100. The indicator 180 may, for example, be a display panel);
a processor ([0046], Fig. 1; The device 100 includes electronics 114 that comprises a controller 116 and a power source 118. The controller 116 may include a processor); and
a detection circuit configured to detect replacement of the generation source ([0055], the controller 116 may be configured to detect when a new consumable 110 (generation source) is received in the device 100. There must be a detection circuit including a consumable detector connected to controller 116),
wherein the processor configured to control update of display of the display, wherein the processor determines whether to perform the update in response to occurrence of a factor for changing a remaining amount of the generation source, and in a case where it is detected by the detection circuit that the generation source is replaced, the processor updates the generation source remaining amount display ([0055], the indicator 180 displays an updated value indicative of an amount of usable aerosol-generating material 110a remaining in the device 100. The controller 116 may be configured to detect when a new consumable 110 is received in the device 100 and accordingly to set the value indicative of the amount of usable aerosol-generating material 110a in the device 100 to an initial value corresponding to the consumable 110. The factor includes replacement of the generation source).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Cameron in view of Lamb comprising a detection circuit configured to detect replacement of the generation source, wherein the processor configured to control update of display of the nonvolatile display, wherein the processor determines whether to perform the update in response to occurrence of a factor for changing a remaining amount of the generation source, and in a case where it is detected by the detection circuit that the generation source is replaced, the processor updates the generation source remaining amount display as taught by Moloney because Cameron, Lamb, and Moloney are directed to inhalation apparatuses, Moloney demonstrates that updating the display upon detection that the generation source has been replaced allows the user to receive an accurate representation of the remaining amount of the new generation source (Moloney, [0055]), and this involves combining prior art elements according to known methods to yield predictable results.
Further, as Cameron discloses that the processor includes a first mode in which discharge from the power supply to the heater can be controlled and a second mode in which power consumption is smaller than in the first mode (Cameron, [0049], [0094]), and has been combined with Moloney such that the display updates upon detection that the generation source has been replaced, it is reasonably understood that in a case where it is detected by the detection circuit that the generation source is replaced in the second mode, the processor updates the generation source remaining amount display.
Regarding Claim 5, Cameron in view of Lamb and Moloney teaches the controller for the inhalation apparatus, according to claim 1. Cameron further teaches the controller wherein the generation source includes a first generation source as a generation source of aerosol, and a second generation source as a generation source ([0055], Fig. 1; Electronic vapor device 100 comprises a vaporizer 108; and [0094], [0099], Fig. 3 shows a different embodiment of the vaporizer 300 (atomizer) comprising two containers 202a and 202b. Each of containers 202a, 202b contains a replaceable cartridge 206a, 206b containing a vaporizable material (first and second generation sources of an aerosol).
Moloney further teaches the controller wherein the factor includes replacement of the first generation source, and the factor includes replacement of the second generation source ([0055], the indicator 180 displays an updated value indicative of an amount of usable aerosol-generating material 110a remaining in the device 100. The controller 116 may be configured to detect when a new consumable 110 is received in the device 100 and accordingly to set the value indicative of the amount of usable aerosol-generating material 110a in the device 100 to an initial value corresponding to the consumable 110),
wherein the generation sources may include a flavoring compound ([0154]),
but does not teach the controller wherein the second generation source is a generation source of a flavor.
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide a flavor in the second generation source or both generation sources such that the second generation source is a generation source of a flavor because Cameron states that flavors can be added to either of the generation sources (Cameron, [0154]).
Regarding Claim 6, Cameron in view of Lamb and Moloney teaches the controller for the inhalation apparatus, according to claim 5. Cameron further teaches the controller wherein the display of the nonvolatile display includes display concerning a remaining amount of the first generation source and display concerning a remaining amount of the second generation source ([0122], Figs. 13-14; The display 1302 can provide information to a user such as a puff count, an amount of vaporizable material remaining in one or more containers).
Regarding Claim 7, Cameron in view of Lamb and Moloney teaches the controller for the inhalation apparatus, according to claim 1. Cameron further teaches the controller wherein the display of the nonvolatile display includes display concerning a remaining amount of at least one element consumed to generate the flavored aerosol ([0122], Figs. 13-14; The display 1302 can provide information to a user such as a puff count, an amount of vaporizable material remaining in one or more containers. The vaporizable material of one of the containers is at least one element consumed to generate the flavored aerosol).
Regarding Claim 8, Cameron in view of Lamb and Moloney teaches the controller for the inhalation apparatus, according to claim 7. Lamb further teaches the controller wherein the display of the nonvolatile display includes bar graph display ([0064] FIG. 4 illustrates information that may be presented by the emissive or electronic paper display 106. The emissive or electronic paper display may present icons 402, 404 that represent respectively the aerosol precursor composition and power source 316. The icon for the aerosol precursor composition may indicate the amount thereof contained in or consumed from the cartridge 102 (e.g., reservoir substrate 212). As shown, each icon may be divided into a number of segments that represent incremental percentages (e.g., 10-20%) of its respective consumable. The icon for the aerosol precursor composition is a bar graph display divided into segments that represent an incremental amount of remaining aerosol precursor composition (contained in the cartridge).
Regarding Claims 12-13, and 15, Cameron in view of Lamb and Moloney teaches the controller for the inhalation apparatus, according to claim 1. Cameron further teaches the controller comprising a detection circuit configured to detect replacement of the generation source ([0055], the controller 116 may be configured to detect when a new consumable 110 (generation source) is received in the device 100. There must be a detection circuit including a consumable detector connected to controller 116),
further comprising a sensor configured to detect presence or absence of the generation source, wherein the processor detects replacement of the generation source based on an electrical signal output from the sensor ([0055], the controller 116 may be configured to detect when a new consumable 110 (generation source) is received in the device 100. There must be a detection circuit including a consumable detector (sensor) connected to controller 116. The sensor must be necessarily capable of detecting the presence or absence of the consumable 110 (generation source), and outputting a signal to controller 116 (processor)),
but does not teach the controller wherein the processor detects, as replacement of the generation source, that the generation source is detached from the holding portion and then a new generation source is attached to the holding portion, wherein the processor detects replacement of the generation source based on an electrical signal obtained from a current path formed by holding the generation source by the holding portion.
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the sensor configured to detect presence or absence of the generation source on the holding portion and form a current path from the sensor at the holding portion to the processor because Cameron demonstrates that the holding portion is configured to receive the generation sources (Cameron, [0091], Each of the one or more replaceable cartridges 206 (generation sources) can be configured to fit inside and engage removably with a receptacle (holding portion) of the vapor device 100)), and positioning the sensor at the holding portion ensures that the processor is capable of detecting, as replacement of the generation source, that the generation source is detached from the holding portion and then a new generation source is attached to the holding portion.
Regarding Claim 18, Cameron in view of Lamb and Moloney teaches the controller for the inhalation apparatus, according to claim 1, but does not teach the controller wherein a frequency of performing the update by the processor is lower than a frequency of discharge from the power supply to the heater.
The precise frequency of performing the update by the processor would have been considered a result effective variable by one of ordinary skill in the art before the effective filing date of the invention because the accuracy of the generation source remaining amount display and the power consumption of the controller are variables which can be modified by the update frequency (Cameron, [0121]-[0122], Updating the generation source remaining amount display more frequently increases its accuracy, while consuming more power). As such, without showing unexpected results, the claimed frequency relative to the frequency of discharge from the power supply to the heater cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized the update frequency by routine experimentation to obtain the desired accuracy and power consumption, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art (see MPEP § 2144.05, II).
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Cameron (US 2017/0136193 A1) in view of Lamb (US 2017/0251724 A1, cited on the IDS dated 5/29/2025) and Moloney (US 2024/0130434 A1) as applied to Claim 1, and further in view of Chong (US 2020/0375256 A1).
Regarding Claims 2-3, Cameron in view of Lamb and Moloney does not teach the wherein the factor includes discharge from the power supply to the heater, and the processor performs, after an end of the discharge, the update of the display of the nonvolatile display while the discharge is not performed,
the processor does not perform the update of the display of the nonvolatile display while the discharge is performed.
Chong, directed to inhalation apparatuses ([0068]), teaches an inhalation apparatus ([0069], Fig. 1; Device 100 comprises a consumable-containing package 102 and an aerosol producing device 200),
a heater configured to generate aerosol from a generation source of an aerosol source ([0096], Aerosol producing device 200 comprises inductive heating element 160 configured to generate aerosol from a consumable-containing unit 104 (generation source of an aerosol source))
a display, the display of the display includes generation source remaining amount display concerning the remaining amount of the generation source ([0096], Aerosol producing device 200 comprises a user interface 230 which may be multi-color LED (RGB) display for device status indication during use; and [0124], the user interface 230 (display) may display an indicator of how much of the consumable-containing package 102 still contains consumable products to be released);
wherein the display is updated in response to occurrence of a factor for changing a remaining amount of the generation source, wherein the factor includes discharge from the power supply to the heater, and the display is updated after an end of the discharge while the discharge is not performed ([0122], A longer press of the trigger 232 (>1.5 sec) initiates the heating cycle. The power for the device 100 may remain on for a short period of time after each heating cycle (e.g., 5 sec) to display updated unit status on the OLED user interface 230 before powering off. The display is updated in response to discharge from a power supply to heating element 160 (initiation of a heating cycle), wherein the display is updated after each heating cylce. The user interface 230 (display) is updated after an end of the discharge while the discharge is not performed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Cameron in view of Lamb and Moloney wherein the factor includes discharge from the power supply to the heater, and the processor performs, after an end of the discharge, the update of the display of the nonvolatile display while the discharge is not performed, the processor does not perform the update of the display of the nonvolatile display while the discharge is performed as taught by Chong because Cameron, Lamb, Moloney, and Chong are directed to inhalation apparatuses, Chong demonstrates that updating the display at the end of each heating cycle after an end of the discharge while the discharge is not performed allows the user to receive an accurate representation of the remaining amount of the new generation source directly after each heating cycle (Chong, [0124]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 4, Cameron in view of Lamb, Moloney, and Chong teaches the controller for the inhalation apparatus, according to claim 2. Cameron further teaches the controller wherein the display of the nonvolatile display includes display concerning a remaining amount of the power supply ([0059], The input/output device 112 can thus display information to a user such as a puff count, an amount of vaporizable material remaining in the container 110, battery remaining).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Cameron (US 2017/0136193 A1) in view of Lamb (US 2017/0251724 A1, cited on the IDS dated 5/29/2025) and Moloney (US 2024/0130434 A1) as applied to Claim 7, and further in view of Fard (US 2021/0044689 A1).
Regarding Claims 9-10, Cameron in view of Lamb and Moloney does not teach the controller wherein the display of the nonvolatile display includes display for specifying one of two states with respect to at least one of the at least one element, wherein the two states include a first state indicating that a capability of generating the flavored aerosol is sufficient and a second state indicating that the capability of generating the flavored aerosol is insufficient.
Fard, directed to inhalation apparatuses ([0002]-[0006]), teaches an inhalation apparatus ([0078], Fig. 1; Smoking substitute device 110) comprising:
a heater configured to generate aerosol from a generation source of an aerosol source ([0078]-[0103], Figs. 2-3; Smoking substitute device 110 comprises consumable 150. Consumable 150 includes the tank 156 (generation source) containing an e-liquid (aerosol source); and a heating device 162 configured to generate aerosol from the e-liquid);
a display, wherein the display includes display for specifying one of two states with respect to at least one of at least one element consumed to generate the aerosol, wherein the two states include a first state indicating that a capability of generating the aerosol is sufficient and a second state indicating that the capability of generating the aerosol is insufficient ([0037]-[0039], the smoking substitute device may include a light for providing feedback to a user that indicates a state of the smoking substitute device. A state of the smoking substitute device indicated by the feedback could be any one or more of, but not limited to: (xi) a consumable is empty; (xii) a consumable is full. [0113], the application may inform the user that a flashing blue light on the smoking substitute device 110 indicates that a consumable 150 (e.g. a pod) is empty. The light is a display specifying two states with respect to the e-liquid (at least one element consumed to generate the aerosol), wherein the two states include: a first state when the light is not flashing blue indicating that a capability of generating the aerosol is sufficient; and a second state when the light is flashing blue indicating that the capability of generating the aerosol is insufficient).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the controller of Cameron in view of Lamb and Moloney wherein the display of the nonvolatile display includes display for specifying one of two states with respect to at least one of the at least one element, wherein the two states include a first state indicating that a capability of generating the flavored aerosol is sufficient and a second state indicating that the capability of generating the flavored aerosol is insufficient as taught by Fard, Cameron, Lamb, Moloney, and Fard are directed to inhalation apparatuses, Fard demonstrates that displaying to the user whether the capability of generating the flavored aerosol is (in)sufficient allows the user to replace or refill the generation source in response (Fard, [0047]), and this involves combining prior art elements according to known methods to yield predictable results.
Claims 11, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Cameron (US 2017/0136193 A1) in view of Lamb (US 2017/0251724 A1, cited on the IDS dated 5/29/2025) and Moloney (US 2024/0130434 A1) as applied to Claims 1 and 13, and further in view of Garcia (US 2023/0096771 A1).
Regarding Claims 11 and 16, Cameron in view of Lamb and Moloney does not teach the controller further comprising an operation unit, wherein the processor shifts from the second mode to the first mode in response to an operation of the operation unit, and in a case where it is detected by the detection circuit that the generation source is replaced in the second mode, the processor shifts to the first mode in response to an operation of the operation unit, and then updates the generation source remaining amount display.
Garcia, directed to inhalation apparatuses ([0001]-[0002]), teaches an inhalation apparatus ([0047], Figs. 1A-1B; Aerosol generation device 1), and comprises:
a heater configured to generate aerosol from a generation source of an aerosol source ([0047], [0051]-[0052], Figs. 1A-1B, 2; Aerosol generation device 1 comprises a heating element 11 configured to generate an aerosol from tobacco stick 2 comprising an aerosol substrate (generation source of an aerosol source));
a display, wherein the display of the display includes generation source remaining amount display concerning the remaining amount of the generation source ([0047]-[0050], Figs. 1A-1B, 2; Aerosol generation device 1 comprises central LED display 16. In the sleep mode, the LED display 16 can be used to show battery levels, while in the active mode, the LED bar shown by the LED display 16 can indicate the heating level and the vaping time available. The vaping time is an indication of the remaining amount of the generation source which can be aerosolized);
wherein the apparatus can operate in a first mode in which discharge from a power supply to the heater can be controlled and a second mode in which power consumption is smaller than in the first mode ([0048]-[0050], Figs. 1A-1B, 2; Aerosol generation device 1 can switched between an active (first) mode in which discharge from the power supply to the heater can be controlled and a sleep (second) mode in which power consumption is smaller than in the first mode);
further comprising an operation unit, wherein the apparatus shifts from the second mode to the first mode in response to an operation of the operation unit ([0048]-[0050], Figs. 1A-1B, 2; Aerosol generation device 1 can switched between the active (first) mode and the sleep (second) mode by pressing button 15 (operation unit)), and
in a case where the generation source is replaced in the second mode, the processor shifts to the first mode in response to an operation of the operation unit, and then updates the generation source remaining amount display ([0048]-[0050], Figs. 1A-1B, 2; Aerosol generation device 1 can switched between the active (first) mode and the sleep (second) mode by pressing button 15 (operation unit). In the sleep mode, the LED display 16 can be used to show battery levels, while in the active mode, the LED bar shown by the LED display 16 can indicate the heating level and the vaping time available (generation source remaining amount display). When the button 15 is pressed (an operation of the operation unit), the device 1 shifts from the sleep (second) mode to the active (first) mode, and the display updates the available vaping time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the controller of Cameron in view of Lamb and Moloney further comprising an operation unit, wherein the processor shifts from the second mode to the first mode in response to an operation of the operation unit, and in a case where it is detected by the detection circuit that the generation source is replaced in the second mode, the processor shifts to the first mode in response to an operation of the operation unit, and then updates the generation source remaining amount display as taught by Garcia because Cameron, Lamb, Moloney, and Garcia are directed to inhalation apparatuses, Cameron discloses that the first mode may be an active mode and the second mode may be a sleep mode (Cameron, [0049], [0052], [0094]), Garcia demonstrates that power may be saved by only displaying the battery level while in the sleep mode, wherein information concerning the generation source is only displayed in the active mode (Garcia, [0050]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 14, Cameron further teaches the controller wherein the processor includes an input terminal configured to be supplied with the electrical signal obtained from the current path, and detects a command of replacement of the generation source based on the signal supplied to the input terminal ([0055], the controller 116 may be configured to detect when a new consumable 110 (generation source) is received in the device 100. There must be a detection circuit including a consumable detector (sensor) connected to controller 116. The sensor must be necessarily capable of detecting the presence or absence of the consumable 110 (generation source), and outputting an electrical signal to controller 116 (processor). It is reasonably understood that the controller 116 (processor) must include an input terminal configured to be supplied with the electrical signal obtained from the current path),
but does not teach the controller further comprising an operation unit, wherein the processor shifts from the second mode to the first mode in response to an operation of the operation unit, and the processor includes an input terminal configured to be supplied with a signal corresponding to an output signal of the operation unit, and detects a command of shifting from the second mode to the first mode based on the signal supplied to the input terminal.
Garcia, directed to inhalation apparatuses ([0001]-[0002]), teaches an inhalation apparatus ([0047], Figs. 1A-1B; Aerosol generation device 1), and comprises:
a heater configured to generate aerosol from a generation source of an aerosol source ([0047], [0051]-[0052], Figs. 1A-1B, 2; Aerosol generation device 1 comprises a heating element 11 configured to generate an aerosol from tobacco stick 2 comprising an aerosol substrate (generation source of an aerosol source));
wherein the apparatus can operate in a first mode in which discharge from a power supply to the heater can be controlled and a second mode in which power consumption is smaller than in the first mode ([0048]-[0050], Figs. 1A-1B, 2; Aerosol generation device 1 can switched between an active (first) mode in which discharge from the power supply to the heater can be controlled and a sleep (second) mode in which power consumption is smaller than in the first mode);
further comprising an operation unit, wherein the apparatus shifts from the second mode to the first mode in response to an operation of the operation unit, wherein the operation unit outputs an output signal ([0048]-[0050], Figs. 1A-1B, 2; Aerosol generation device 1 can switched between the active (first) mode and the sleep (second) mode by pressing button 15 (operation unit). Button 15 outputs an electrical signal for mode switching).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the controller of Cameron in view of Lamb and Moloney further comprising an operation unit, wherein the processor shifts from the second mode to the first mode in response to an operation of the operation unit, and the processor includes an input terminal configured to be supplied with a signal corresponding to an output signal of the operation unit, and detects a command of shifting from the second mode to the first mode based on the signal supplied to the input terminal as taught by Garcia because Cameron, Lamb, Moloney, and Garcia are directed to inhalation apparatuses, Garcia demonstrates that an operation unit can be used to shift between a first mode and a second mode (Garcia, [0050]), Cameron demonstrates that the processor already includes an input terminal capable of receiving a signal (Cameron, [0055]) and that the processor is used to shift between the first mode and the second mode (Cameron, [0049], [0052], [0094]), and directing the output signal of the operation unit to the processor would allow the processor to shift the modes in response.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Cameron (US 2017/0136193 A1) in view of Lamb (US 2017/0251724 A1, cited on the IDS dated 5/29/2025) and Moloney (US 2024/0130434 A1) as applied to Claim 1, and further in view of Garcia (US 2023/0096771 A1) and Alarcon (US 2016/0371437 A1).
Regarding Claim 17, Cameron in view of Lamb and Moloney teaches the controller for the inhalation apparatus, according to claim 1. Cameron further teaches the controller wherein the processor includes a first mode in which discharge from the power supply to the heater can be controlled and a second mode in which power consumption is smaller than in the first mode ([0049], The vapor device 100 may be operated at various power levels. [0094], Figs. 1-3; The processor 102 of the vapor device 100, for control of the vaporizer 300. At a minimum, control can be provided between no power (off state) and one or more powered states. It is reasonably understood that the one or more powered states include a first mode in which discharge from the power supply to the heater can be controlled and a second mode in which power consumption is smaller than in the first mode),
the display of the nonvolatile display includes generation source remaining amount display concerning the remaining amount of the generation source ([0122], Figs. 13-14; The display 1302 can provide information to a user such as an amount of vaporizable material (generation source) remaining in one or more containers),
but does not teach the controller wherein the processor shifts from the second mode to the first mode at a scheduled timing to confirm replacement of the generation source, and updates, in a case where the generation source is replaced, the generation source remaining amount display.
Garcia, directed to inhalation apparatuses ([0001]-[0002]), teaches an inhalation apparatus ([0047], Figs. 1A-1B; Aerosol generation device 1), and comprises:
a heater configured to generate aerosol from a generation source of an aerosol source ([0047], [0051]-[0052], Figs. 1A-1B, 2; Aerosol generation device 1 comprises a heating element 11 configured to generate an aerosol from tobacco stick 2 comprising an aerosol substrate (generation source of an aerosol source));
a display, wherein the display of the display includes generation source remaining amount display concerning the remaining amount of the generation source ([0047]-[0050], Figs. 1A-1B, 2; Aerosol generation device 1 comprises central LED display 16. In the sleep mode, the LED display 16 can be used to show battery levels, while in the active mode, the LED bar shown by the LED display 16 can indicate the heating level and the vaping time available. The vaping time is an indication of the remaining amount of the generation source which can be aerosolized);
wherein the apparatus can operate in a first mode in which discharge from a power supply to the heater can be controlled and a second mode in which power consumption is smaller than in the first mode ([0048]-[0050], Figs. 1A-1B, 2; Aerosol generation device 1 can switched between an active (first) mode in which discharge from the power supply to the heater can be controlled and a sleep (second) mode in which power consumption is smaller than in the first mode);
and in a case where the generation source is replaced in the second mode, the processor shifts to the first mode in response to an operation of the operation unit, and then updates the generation source remaining amount display ([0048]-[0050], Figs. 1A-1B, 2; Aerosol generation device 1 can switched between the active (first) mode and the sleep (second) mode by pressing button 15 (operation unit). In the sleep mode, the LED display 16 can be used to show battery levels, while in the active mode, the LED bar shown by the LED display 16 can indicate the heating level and the vaping time available (generation source remaining amount display). When the button 15 is pressed (an operation of the operation unit), the device 1 shifts from the sleep (second) mode to the active (first) mode, and the display updates the available vaping time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the controller of Cameron in view of Lamb and Moloney wherein the processor shifts from the second mode to the first mode, and updates, in a case where the generation source is replaced, the generation source remaining amount display as taught by Garcia because Cameron, Lamb, Moloney, and Garcia are directed to inhalation apparatuses, Cameron discloses that the first mode may be an active mode and the second mode may be a sleep mode (Cameron, [0049], [0052], [0094]), Garcia demonstrates that power may be saved by only displaying the battery level while in the sleep mode, wherein information concerning the generation source is only displayed in the active mode (Garcia, [0050]), and this involves combining prior art elements according to known methods to yield predictable results.
Cameron in view of Lamb, Moloney, and Garcia does not teach the controller wherein the processor shifts from the second mode to the first mode at a scheduled timing to confirm replacement of the generation source.
Alarcon, directed to inhalation apparatuses ([0002]-[0005]), teaches an inhalation apparatus ([0012], [0034], Fig. 2 shows an example of an SCig 200 (inhalation apparatus)) comprising:
a heater configured to generate aerosol from a generation source of an aerosol source ([0034], Fig. 2; SCig 200 comprises a The SCig 200 may further comprise a heating element (not shown) configured to generate aerosol from an e-liquid (generation source of an aerosol source) housed in a liquid storage area (not shown));
wherein the apparatus can operate in a first mode in which discharge from a power supply to the heater can be controlled and a second mode in which power consumption is smaller than in the first mode ([0037], Figs. 2; Aerosol generation device 1 can switched between an active (first) mode in which the heating element is activated (discharge from the power supply to the heater can be controlled) and a sleep (second) mode in which power consumption is smaller than in the first mode); and
a processor configured to shift from the second mode to the first mode at a scheduled timing ([0037], Figs. 2; Microcontroller 110 is configured to shift from the second mode to the first mode at a schedules time and date).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the controller wherein the processor shifts from the second mode to the first mode at a scheduled timing as taught by Alarcon because Cameron, Lamb, Moloney, Garcia, and Alarcon are directed to inhalation apparatuses, Cameron discloses that the first mode may be an active mode and the second mode may be a sleep mode (Cameron, [0049], [0052], [0094]), Alarcon demonstrates that an inhalation apparatus can be adapted to shift between from sleep mode to an active mode at a schedule timing based on the needs and desires of the user (Alarcon, [0037]), and this involves combining prior art elements according to known methods to yield predictable results. Further, because Cameron has been modified in view of Moloney such that “in a case where it is detected by the detection circuit that the generation source is replaced, the processor updates the generation source remaining amount display” as applied to Claim 1; and Cameron has been modified in view of Garcia such that the generation source remaining amount display is updated when the generation source is replaced, it is reasonably understood that the shift from the second mode to the first mode at the scheduled timing confirms replacement of the generation source.
Conclusion
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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