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 1-20 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-20, in the reply filed on 03/27/2026 is acknowledged.
Claims 21-26 are withdrawn as being directed to a non-elected invention.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
Fig. 1, reference character “102”.
Fig. 4, reference character “221b”. The Examiner suggests amending specification paragraph [0096] to include “second connection 221b”.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 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 1-12 and 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over White et al. (WO 2019122094 A1, hereinafter referring to US document US 20210093008 A1) in view of Kang et al. (US 20200323044 A1).
Regarding claim 1, White teaches an apparatus for a non-combustible aerosol provision device, the apparatus comprising:
an induction circuit (LC circuit 205; [0053]) comprising an induction element (induction element 108; [0045]) for inductively heating a susceptor arrangement (susceptor 110; [0045]) arranged to heat an aerosol-generating material to thereby generate an aerosol ([0046]);
drive circuitry (driver arrangement 204; [0052]) arranged to provide, from an input direct current (DC power source 104; [0045]), a varying voltage across the induction circuit for driving the induction element to inductively heat the susceptor arrangement ([0054]); and
control circuitry (driver controller 208; [0054]) configured to cause the drive circuitry to selectively operate:
in a first mode in which the drive circuitry repeatedly alternates a polarity of the voltage provided across the induction circuit ([0054]).
White does not teach that the control circuitry is configured to cause the drive circuitry to selectively operate in a second mode in which the drive circuitry repeatedly alternates between providing a first voltage of non-zero magnitude across the induction circuit and providing substantially no voltage across the induction circuit.
Kang, directed to an apparatus for a non-combustible heating device, the apparatus comprising: an induction circuit ([0039]) comprising an induction element (working coil WC; [0043]); drive circuitry (inverter unit 108; [0033]) arranged to provide, from an input direct current ([0017], [0035]), a varying voltage across the induction circuit for driving the induction element ([0043]); and control circuitry (control unit 10 and driving unit 12; [0037], [0040]) configured to cause the drive circuitry to selectively operate ([0013], [0015], [0045]): in a first mode in which the drive circuitry repeatedly alternates a polarity of the voltage provided across the induction circuit (full-bridge mode; [0079-0080]; Fig. 5), teaches that the control circuitry may further be configured to cause the drive circuitry to further selectively operate in a second mode in which the drive circuitry repeatedly alternates between providing a first voltage of non-zero magnitude across the induction circuit and providing substantially no voltage across the induction circuit (half-bridge mode; [0072]; Fig. 4).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify White by configuring the control circuitry to be capable of selectively operating in a second half-bridge mode as taught by Kang because both White and Kang are directed to heating devices using bridge circuit configurations, Kang teaches that it is known in the art to selectively operate between a full-bridge mode and a half-bridge mode and one having ordinary skill in the art would recognize that this would enable a wider range of power to be applied to the induction element, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 2, White teaches that the drive circuitry comprises a plurality of switching elements (transistors Q1, Q2, Q3, Q4; [0059]) arranged in an H-bridge configuration (Fig. 3a; [0057]), wherein the plurality of switching elements comprises a high side pair of switching elements (high side pair 304; [0057]) comprising a first switching element Q1 and a second switching element Q2 and a low side pair of switching elements (low side pair 306; [0057]) comprising a third switching element Q3 and a fourth switching element Q4, and wherein the first switching element and the third switching element are electrically connected to the first side of the induction circuit and the second switching element and the fourth switching element are electrically connected to the second side of the induction circuit (Fig. 3a).
Regarding claim 3, White teaches that the drive circuitry is arranged for connection of an electric potential in use across a first point (first point 322; [0057]) between the high side pair of switching elements and a second point (second point 320; [0057]) between the low side pair of switching elements (Fig. 3a; [0057]).
Regarding claim 4, White teaches that in the first mode the control circuitry causes the drive circuitry to alternate between: allowing current to flow through the first switching element and the fourth switching element to cause the voltage across the induction circuit to have a positive polarity ([0061]), and allowing current to flow through the second switching element and the third switching element to cause the voltage across the induction circuit to have a negative polarity ([0061]).
Kang teaches that in the second mode, the control circuitry causes the drive circuitry to alternate between allowing current to flow through the first switching element and the fourth switching element to cause the voltage across the induction circuit to have a positive polarity, or allowing current to flow through the second switching element and the third switching element to cause the voltage across the induction circuit to have a negative polarity, and providing substantially no voltage across the induction circuit (Kang Fig. 4; [0072]).
Regarding claim 5, Kang teaches that the control circuitry is configured to cause the drive circuitry to operate in the first mode or the second mode by providing one or more drive signals configured to control which of the plurality of switching elements, at any one time, allows current to flow therethrough ([0047]).
Regarding claim 6, Kang teaches that the control circuitry is configured to supply a first drive signal to control switching of the first switching element and the third switching element, and the control circuitry is configured to supply a second drive signal to control switching of the second switching element and the fourth switching element ([0037], [0047]; Figs. 4-5).
Regarding claim 7, Kang teaches that in the first mode, a value of the first drive signal alternates at a first drive frequency and the second drive signal is inverted with respect to the first drive signal to cause the polarity of the voltage across the induction circuit to alternate at the first drive frequency (Fig. 5; [0081]); and in the second mode, the value of the first drive signal alternates at a second drive frequency and the second drive signal is configured to cause the second switching element to be maintained in a state in which current is substantially prevented from flowing through the second switching element and the fourth switching element to be maintained in a state in which current is allowed to flow through the fourth switching element (Fig. 4; [0073]).
Regarding claim 8, Kang teaches that the control circuitry is configured to determine the second drive signal based at least in part on the first drive signal (Kang Figs. 4-5 depict signals are corresponding. It would be obvious to one having ordinary skill that the second drive signal would be based at least in part on the first drive signal).
Regarding claim 9, Kang teaches that the control circuitry is configured to determine the second drive signal based on, in addition to the first drive signal, a control signal (control signal; [0047]).
Regarding claim 10, Kang teaches that the control circuitry comprises a controller (control unit 10; [0037]) configured to output the first drive signal and the control signal (see [0047], [0096]. One having ordinary skill in the art would recognize that the controller would output all signals, and that the driver merely sends these signals. Therefore, the controller is interpreted to output both the first drive signal and the control signal).
Regarding claim 11, Kang teaches that the control signal is configured to determine in which of the first mode or the second mode the driver arrangement is caused to operate ([0047]).
Regarding claim 12, Kang teaches that the control circuitry comprises a signal processing element (driving unit 12) configured to receive as inputs the first drive signal and the control signal and to output the second drive signal ([0047]).
Regarding claim 14, White does not explicitly teach that the control circuitry is configured to control a degree to which the induction element heats the susceptor arrangement by controlling a switching frequency of the plurality of switching elements to control a frequency of the varying current supplied to the induction element.
Kang teaches that the controller may control a switching frequency of the plurality of switching elements ([0049]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify White by configuring the controller to control a switching frequency of the plurality of switching elements as taught by Kang because both White and Kang are directed to heating devices using bridge circuit configurations, Kang teaches that it is known in the art to control the switching frequency and one having ordinary skill in the art would recognize that adjusting the frequency would change the heating degree of the heating element, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 15, White teaches that the plurality of switching elements are transistors and the control circuitry is configured to control respective switching potentials supplied to each of the transistors to control switching of the transistors ([0057]).
Regarding claim 16, White teaches that each of the transistors is an n-channel field effect transistor ([0007]).
Regarding claim 17, White teaches that each of the transistors comprises a source S, a drain D, and a gate G ([0059]), and wherein in use the respective switching potentials are provided to the gate of each transistor ([0059]).
Regarding claim 18, White teaches that the induction circuit is an LC resonant circuit comprising the induction element ([0053], [0055]).
Regarding claim 19, White teaches that the LC resonant circuit comprises the induction element arranged in series with a capacitive element ([0053]).
Regarding claim 20, Kang teaches that the control circuitry is configured to control a degree to which the induction element heats the susceptor arrangement by controlling in which of the first mode or the second mode the drive circuitry is operating ([0015]).
Allowable Subject Matter
Claim 13 is 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:
The prior art alone or in combination with references does not disclose an apparatus as recited in claim 13. Specifically, the prior art fails to disclose an apparatus with a signal processing element as claimed wherein the signal processing element is a NOR gate.
The closest prior art is considered to be White et al. (WO 2019122094 A1, hereinafter referring to US document US 20210093008 A1).
White teaches an apparatus for a non-combustible aerosol provision device, the apparatus comprising:
an induction circuit (LC circuit 205; [0053]) comprising an induction element (induction element 108; [0045]) for inductively heating a susceptor arrangement (susceptor 110; [0045]) arranged to heat an aerosol-generating material to thereby generate an aerosol ([0046]);
drive circuitry (driver arrangement 204; [0052]) arranged to provide, from an input direct current (DC power source 104; [0045]), a varying voltage across the induction circuit for driving the induction element to inductively heat the susceptor arrangement ([0054]); and
control circuitry (driver controller 208; [0054]) configured to cause the drive circuitry to selectively operate:
in a first mode in which the drive circuitry repeatedly alternates a polarity of the voltage provided across the induction circuit ([0054]).
Wherein the drive circuitry comprises a plurality of switching elements (transistors Q1, Q2, Q3, Q4; [0059]) arranged in an H-bridge configuration (Fig. 3a; [0057]), wherein the plurality of switching elements comprises a high side pair of switching elements (high side pair 304; [0057]) comprising a first switching element Q1 and a second switching element Q2 and a low side pair of switching elements (low side pair 306; [0057]) comprising a third switching element Q3 and a fourth switching element Q4, and wherein the first switching element and the third switching element are electrically connected to the first side of the induction circuit and the second switching element and the fourth switching element are electrically connected to the second side of the induction circuit (Fig. 3a);
Wherein the drive circuitry is arranged for connection of an electric potential in use across a first point (first point 322; [0057]) between the high side pair of switching elements and a second point (second point 320; [0057]) between the low side pair of switching elements (Fig. 3a; [0057]);
White further teaches that the control circuitry 208 may contain logic circuitry ([0054]).
White does not teach that the control circuitry is configured to cause the drive circuitry to selectively operate in a second mode in which the drive circuitry repeatedly alternates between providing a first voltage of non-zero magnitude across the induction circuit and providing substantially no voltage across the induction circuit.
Kang et al. (US 20200323044 A1) teaches an apparatus for a non-combustible heating device, the apparatus comprising: an induction circuit ([0039]) comprising an induction element (working coil WC; [0043]); drive circuitry (inverter unit 108; [0033]) arranged to provide, from an input direct current ([0017], [0035]), a varying voltage across the induction circuit for driving the induction element ([0043]); and control circuitry (control unit 10 and driving unit 12; [0037], [0040]) configured to cause the drive circuitry to selectively operate ([0013], [0015], [0045]): in a first mode in which the drive circuitry repeatedly alternates a polarity of the voltage provided across the induction circuit (full-bridge mode; [0079-0080]; Fig. 5). Kang further teaches:
that the control circuitry may further be configured to cause the drive circuitry to further selectively operate in a second mode in which the drive circuitry repeatedly alternates between providing a first voltage of non-zero magnitude across the induction circuit and providing substantially no voltage across the induction circuit (half-bridge mode; [0072]; Fig. 4).
wherein the control circuitry is configured to cause the drive circuitry to operate in the first mode or the second mode by providing one or more drive signals configured to control which of the plurality of switching elements, at any one time, allows current to flow therethrough ([0047]).
wherein the control circuitry is configured to supply a first drive signal to control switching of the first switching element and the third switching element, and the control circuitry is configured to supply a second drive signal to control switching of the second switching element and the fourth switching element ([0037], [0047]; Figs. 4-5).
wherein the control circuitry is configured to determine the second drive signal based at least in part on the first drive signal (Kang Figs. 4-5 depict signals are corresponding. It would be obvious to one having ordinary skill that the second drive signal would be based at least in part on the first drive signal).
wherein the control circuitry is configured to determine the second drive signal based on, in addition to the first drive signal, a control signal (control signal; [0047]).
wherein the control circuitry comprises a controller (control unit 10; [0037]) configured to output the first drive signal and the control signal (see [0047], [0096]. One having ordinary skill in the art would recognize that the controller would output all signals, and that the driver merely sends these signals. Therefore, the controller is interpreted to output both the first drive signal and the control signal).
wherein the control signal is configured to determine in which of the first mode or the second mode the driver arrangement is caused to operate ([0047]).
wherein the control circuitry comprises a signal processing element (driving unit 12) configured to receive as inputs the first drive signal and the control signal and to output the second drive signal ([0047]).
Kang does not explicitly teach the configuration using a NOR gate configured to receive as inputs the first drive signal and the control signal and to output the second drive signal.
Prabhala et al. (US 20180301934 A1), teaches a drive circuitry arranged to provide, from an input direct current, a varying voltage across the circuit (Abstract). Prabhala further teaches that it is known in the art to selectively operate between a full-bridge and a half-bridge mode to alter the power applied (Abstract).
Prabhala does not specify that a mechanism for establishing this full-bridge to half-bridge switch includes the configuration including a NOR gate as claimed.
Li et al. (US 20120062159 A1) teaches a system (Fig. 8) comprising an induction circuit (coil 101; [0035]), drive circuitry (power supply circuit 105; [0035]), and control circuitry (control circuit 104; [0031]), wherein the drive circuitry comprises a plurality of switching elements ([0035], [0009]), wherein the control circuitry is configured to cause the drive circuitry to provide drive signals configured to control which of the plurality of switching elements allows current to flow therethrough ([0009]), wherein the control circuitry comprises a controller (control circuit 204, 304; Figs. 9, 11; [0038], [0047]) and a signal processing element (logic circuit 113; [0043], [0054]) wherein the signal processing element is a NOR gate ([0044]). Li teaches multiple embodiments, one in which the NOR gate is external to the controller (Fig. 8; [0043]) and one in which the NOR gate is internal to the controller (Fig. 11; [0054]).
Li does not teach that the NOR gate inputs are a first drive signal and a control signal and thus does not teach the precise configuration of the claimed control circuit.
While one having ordinary skill in the art would recognize that a controller may comprise logic circuitry including a NOR gate, and even to further separate the logic circuitry from the controller to lessen the load, there would be no motivation to specifically modify White or Kang to achieve the configuration claimed. Specifically, one having ordinary skill in the art would not have need to modify the control circuitry taught by Kang to further comprise a NOR gate receiving as inputs the first drive signal and the control signal to output a second drive signal.
To conclude, within the art, there are few references/limited references to an apparatus as recited in claim 13. Specifically, the prior art does not teach or reasonably suggest an apparatus with a signal processing element as claimed wherein the signal processing element is a NOR gate configured to receive as inputs the first drive signal and the control signal and to output the second drive signal. As such, claim 13 is indicated as being allowable.
Conclusion
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/C.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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