CTNF 18/560,842 CTNF 96927 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. 07-06 AIA 15-10-15 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. Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1, and 4-7 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by Davis et al. (US 2020/0281278) . Regarding claim 1, Davis discloses an aerosol generating device (abstract, Fig. 1, [0051]; a vape device ref 10, reading over claim preamble) comprising: an atomizer (Fig. 1, [0051]; Vape device (10) includes a mouthpiece assembly (12), atomizer assembly (19) (anticipates an atomizer), a payload assembly (24), and a control assembly (14). In some embodiments, control assembly (14) can comprise one or more antennas (40), a power source such as battery (42), and a printed circuit board (30) that can further comprise a microcontroller (31) configured for carrying out one or more electronic functions in respect to operations of vape device (10), ([0056])), the atomizer configured to generate aerosol from a vaporizable material using an ultrasonic mesh or an inkjet technology (In some embodiments, a heater or atomizer (20) is disposed in atomizer assembly (19), with atomizer (20) further comprising a heating element (22) disposed therein for heating and vaporizing a payload that may comprise, for example, liquids, oils or other fluids. Instead of or in addition to (anticipates being separated from the atomizer) including a heating element (22), atomizer (20) may include any other structure capable of vaporizing or atomizing a payload in a suitable form for inhalation. For example, atomizer (20) may include a jet nebulizer, an ultrasonic nebulizer, or a mesh nebulizer (anticipates an ultrasonic mesh) [0052] and [00564]; an airflow path configured to conduct airflow between an air inlet and an air outlet, airflow path in fluid communication with the atomizer, and the airflow path comprising an upstream portion extending between the air inlet and the atomizer, and comprising a downstream portion extending between the atomizer and the air outlet; (Fig. 1, [0052]; It will be understood to those skilled in the art that an air path will extend through the atomizer assembly (19) (anticipates in fluid communication with the atomizer; the heater arranged in the flow path) and mouthpiece assembly (12) allowing ambient air to flow from an air inlet (not shown) of atomizer (20) (anticipates an upstream portion) and through conduit (17) (anticipates a downstream portion) to user mouthpiece (16)). Davis additionally discloses a temperature sensor arranged in the downstream portion of the airflow path (Fig. 5; [0109]- [0111]; Fig. 5 refers to an example (e.g., an embodiment) of a vape device that relies on the temperature measurement method to determine the dose of vaporized payload is shown as reference numeral 500. Vape device (500) includes an air flow chamber which, in this example, comprises a conduit (512) (i.e., airflow path) and an atomizer (510) is positioned anywhere between inlet (504) and outlet (506), ([0109]). When the heating element (anticipates a heater) of atomizer (510) reaches vaporization temperature of the payload of the payload contained in the payload reservoir, a portion of the payload is vaporized for user inhalation, ([0110]). Vape device (500) includes a first temperature sensor (514) incorporated into a first temperature measurement circuit configured to obtain a plurality of temperature measurements during user inhalation, a second temperature sensor (516) incorporated into a second temperature measurement circuit configured to obtain a plurality of temperature measurements during user inhalation and a third temperature sensor (518), each positioned within conduit (512) as shown in Fig. 5 The third temperature sensor is located within conduit (512) between atomizer (510) and outlet (506), close to outlet (506) (anticipates a temperature sensor arranged in a downstream portion) wherein the third temperature sensor (518) is incorporated into a third temperature measurement circuit configured to obtain a plurality of temperature measurements during user inhalation (anticipates configured to generate temperature measurements limitation), ([0111]); a microcontroller configured to operate the heater according to said temperature measurements (Vape device (500) may include a number of other components that are not specifically shown in Fig. 5, including a power source, a microcontroller, and other electronics, as described in connection with vape devices (10) and (100), ([0109]). With respect to vape device (500), the microcontroller is programmed to control the power source (e.g., a battery) so that the power source transmits a power signal (e.g., a direct current or pulsed direct current) to atomizer (510) in accordance with desired operational settings. Using the measured temperatures and the relative temperature changes between temperature sensors (514, 516, 518) in conjunction with the air flow rate within conduit (512), it is possible to determine the amount of vaporized payload required to transfer the heat energy throughout the air path, ([0113]). This anticipates a microcontroller configured to operate the heater according to said temperature measurements. Claim 1 recites the functional language: “configured to generate aerosol from a vaporizable material using an ultrasonic mesh or an inkjet technology”. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham , 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). (see MPEP § 2144). Regarding claim 4, Davis discloses second embodiment vape device (100) includes a mouthpiece assembly (88) can comprise a mouthpiece (58) and that an air path will extend through atomizer assembly (79) allowing ambient air to flow from an air inlet (not shown) of atomizer (20) and through conduit (60) to mouthpiece (58). Fig. 2 depicts vapor exiting mouthpiece (58) which reasonably suggests to one of ordinary skill in the art an air outlet must be present in the mouthpiece (58). This anticipates claim 4. Regarding claim 5, Davis discloses third temperature sensor (518) is located within conduit (512) close to outlet (506) and that outlet (506) may further be in communication with a mouthpiece, (Fig. 5; [0112]). This reasonably suggests to one of ordinary skill in the art the third temperature sensor (518) must be located close to the mouthpiece which anticipates claim 5. Regarding claim 6, Davis discloses in Fig. 5 the atomizer (510) (i.e., the atomizer includes a heater ([0110])) is located in the upstream portion of the airflow path. This anticipates claim 6. Regarding claim 7, Davis discloses microcontroller (31) transmits a duty cycle setting corresponding to a pulse width modulation instruction to the battery (42) to send electrical current to heating element (22) (Fig. 1; [0065]). This anticipates claim 7 . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Davis et al. (US 2020/0281278) as applied to claim 1 above . Davis discloses all the claim limitations as set for above. Regarding claim 11, Davis does not explicitly disclose at least two heaters; at least a part of the airflow path includes two branches; and wherein each of the at least two heaters is arranged in a respective one of the two branches of the airflow path and is operable by the microcontroller. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice Davis to include two conduits (512) (at least part of the airflow path includes two branches) and two atomizers (510) positioned anywhere between inlet (504) and outlet (506) (arranged in a respective one of the two branches) and program the microcontroller to control the power source (e.g., a battery) so that the power source transmits a power signal (e.g., a direct current or pulsed direct current) to each of the atomizers (510). The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza , 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04) . 07-21-aia AIA Claim s 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Davis et al. (US 2020/0281278) as applied to claim 1 above, in view of Harrison et al. (US 2020/0337371, cited on 12/07/2023 IDS) . Davis discloses all the claim limitations as set forth above. Regarding claims 2 and 3, Davis does not explicitly disclose the microcontroller operates the heater to achieve a downstream airflow target temperature (claim 2); the microcontroller performs a comparison by comparing the temperature measurements with the target temperature and the microcontroller operates the heater based on the comparison (claim 3) . Harrison teaches an electronically controlled, breath actuated vaporization device for generating vaporized material for inhalation by a user, (abstract). FIGS. 1 through 6 show one example embodiment of a handheld, electronically controlled, battery driven, breath actuated vapor delivery unit in the form of a vaporizer device (10), ([0033]). The vaporization device may further include a control system (50), comprising one or more printed circuit board assemblies (52, 54), which is/are operatively coupled to the temperature sensor and the mesh heater (30) to provide a closed loop control scheme for controlling heat generated by the mesh heater (30) so as to maintain a temperature of the air delivered to the vaporization chamber (24) at or within a predetermined tolerance of a desired vaporization temperature for at least a majority of a duration of an inhalation event, ([0038]). Harrison teaches a closed loop air temperature control scheme that be employed with embodiments of the vaporizer devices. Air temperature is measured with a thermocouple (2) (or other temperature sensor) placed in the air path, downstream (i.e., downstream portion) of the heater (1). The thermocouple signal is conditioned and measured by an amplifier (5) for measurement by an analog-to-digital converter (ADC) located within a microcontroller (MCU) (6). When the user activates the heater (1), a software PID loop (or other control loop feedback mechanism) in the MCU (6) adjusts the output of the heater (1) based on feedback from the signal of the thermocouple (2). Generally if the thermocouple measurement is less than the desired air temperature, the heater output is increased. If the thermocouple measurement is greater than the desired air temperature, the heater output is decreased. The thermocouple measurement less than or greater than desired air temperature determination reads over the comparison limitation of claim 3. The heater output will be adjusted throughout a use cycle in order to maintain an output temperature that is equal to or within an acceptable tolerance of a desired set point or vaporization temperature, (Fig. 15; [0046]). This reads over the target temperature limitation of Claim 2 and the temperature comparison limitation of Claim 3. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the microcontroller program of Davis to adjust the output of the atomizer heating element based on feedback from temperature sensor (518) signal as taught by Harrison in order to maintain an output temperature that is equal to or within an acceptable tolerance of a desired set point or vaporization temperature (the target temperature of Davis). One of ordinary skill in the art would have a reasonable expectation of success in said modification as applying a known technique to a known device (method or product) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc. , 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, D.) . 07-21-aia AIA Claim s 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Davis et al. (US 2020/0281278) as applied to claim 1 above, in view of Richmond et al. (US 2021/0068459) . Davis discloses all the claim limitations as set forth above. Regarding claims 8-10, Davis does not explicitly disclose a heating part formed by an insulated block, the heater being arranged inside said block (claim 8); the insulated block is made from ceramic (claim 9); and the heater comprises a coil, the airflow path passing through said coil (claim 10) . Richmond teaches an electronic cigarette comprising an atomizer (abstract). The electronic cigarette (100) includes an exterior shell (101) with an internal air path (102) (reads over airflow path) or chimney, where air passes through. Ceramic heater (103) is provided, a generally cylindrical element. This reads over the airflow path further comprises an insulated block of claim 8 and the ceramic insulated block of claim 9. Liquid or oil passes from the liquid reservoir chamber(108) to cotton wick (104) to heater (103), where heat atomizes the oil and forms a gas, and the gas passes through internal air passage or chimney (102) out of the electronic cigarette (100) and to the user, (Fig. 1; [0034]). Ceramic heater (103) can be a heating coil. Once the liquid solution is absorbed by the cotton wick (104) is vaporized, smoke flows (smoke flows reads over an airflow path passing through the coil) to one end of the air path (102), (annotated Fig. 2B below; [0039]). This reads over wherein the heater comprises a coil, the airflow path passing through the coil of claim 10. In an embodiment, Richmond teaches an alternate ceramic heater designs as a hexagonal shape as shown in Figs. 4A and 4B, ([0041]). PNG media_image1.png 248 251 media_image1.png Greyscale It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the atomizer heating element of Davis to be formed as a ceramic heater comprising a coil heater embedded in the ceramic heater as taught by Richmond which vaporizes a liquid solution to form smoke that flows to one end of the air path and eventually to the user for inhalation. The ceramic heater reads over an insulated block made from ceramic. Products of identical chemical composition cannot have mutually exclusive properties therefore, the ceramic heater of Richmond functions as an insulated block made of ceramic. Applicant presents no factual evidence that proves otherwise. “Case law holds that a material and its properties are inseparable. In re Spada , 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).” This reads over an insulated block of Claim 8 and the insulated block is made from ceramic of Claim 9 . 07-22-aia AIA Claim s 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Davis et al. (US 2020/0281278) in view of Harrison et al. (US 2020/0337371) as applied to claim 2 above, and further in view of Hepworth et al. (US 2020/00389601) . Modified Davis discloses all the claim limitations as set forth above. Regarding Claims 12 and 13, modified Davis discloses in some embodiments, circuit board (30) can comprise an RF transceiver circuit (36) to provide means for wireless communication of data between vape device (10) and personal computing device, such as personal computing device (72) shown in Fig. 3. One embodiment of a vape device system (102) as shown in Fig. 3, includes vape device (10) and a personal computing device (72) running application (74). (Davis [0061], [0069]). In some embodiments, vape device (10) can wirelessly communicate with personal computing device (72) and application (74) via RF communications link (73). In some embodiments, RF communications link (73) can comprise one or more of Bluetooth™ communications protocol, Wi-Fi™ IEEE 802 communications protocol, Zigbee IEEE 802.15.4-based protocol, and any other RF, short-range, and long-range communications protocol as well known to those skilled in the art. Vape device (10) may also communicate with personal computing device (72) via a wired connection established, for example, between electrical connector (35) of vape device (10) and a communications connector (not shown) of personal computing device (72), (Davis [0071]). This reads over an external device connected to the aerosol generating device of claim 13. In some embodiments, application (74) can present a visual “dashboard” (75) comprising visual information and controls that can be operated by a user, (Davis [0074]). However, modified Davis does not explicitly disclose the target temperature is set by a user (claim 12); the target temperature is set by a user using an external device connected to the aerosol generating device (claim 13). Hepworth teaches an aerosol provision (AP) system includes a power supply; an airflow generator powered in operation by the power supply; and a nozzle; and wherein the airflow generator is arranged in operation to generate an airflow that passes firstly through an atomizer to generate an aerosolized payload as a stream for inhalation by a user without the need to touch the aerosol provision system with their lips (abstract). Hepworth teaches thermocouple detectors (i.e., sensors) can be used to measure the temperature of the generated aerosol (reads over airflow), ([0072]). Hepworth additionally teaches AP device controls could be provided wirelessly as an alternative or in addition to controls on the AP system, for example via a Bluetooth ® link between the controller and a mobile phone or tablet running a controller app, ([0080]) (i.e., an external device connected to the aerosol generating device of claim 12). A computer program may be transmitted via data signals on a network such as a wireless network, ([0082]). On the mobile phone or tablet, such software instruction may comprise implementing a method comprising: establishing communication (e.g., Bluetooth ® or NFC) with an AP system (100), ([0084]); presenting to the user a user interface which may comprise controls for the AP system for one or more selected from the list consisting of, ([0086]): airflow rate generated by the AP system, ([0087]); air speed at the nozzle, ([0088]); heater temperature ( for example as a min-max ‘strength’ scale), (reads over a target temperature), ([0089]); aerosolize payload density, ([0090]); activation duration, ([0091]; reading one or more inputs from the user interface specifying one or more control values; (reads over target temperature is set by a user), ([0092]); and then transmitting corresponding control values to the AP system, ([0093]); (reads over target temperature is set by the user using an external device connected to the aerosol generating device of claim 13). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the visual “dashboard” of Davis to include an input for temperature control as taught by Hepworth which allows the user to input the desired set point or vaporization temperature of modified Davis (Harrison [0046]) which can be operated by a user to set the desired temperature set point or vaporization temperature desired by modified Davis. This reads over claims 12 and 13. One of ordinary skill in the art would have a reasonable expectation of success in said modification as applying a known technique to a known device (method or product) ready for improvement to yield predictable results is likely to be obvious. See KSR International Co. v. Teleflex Inc. , 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, D.). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE KIRBY JORDAN whose telephone number is 571-272-5214. The examiner can normally be reached M-F 8AM - 4PM (EST). 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 on 571-270-3882. 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. /RONNIE KIRBY JORDAN/Examiner, Art Unit 1747 /Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747 Application/Control Number: 18/560,842 Page 2 Art Unit: 1747 Application/Control Number: 18/560,842 Page 3 Art Unit: 1747 Application/Control Number: 18/560,842 Page 4 Art Unit: 1747 Application/Control Number: 18/560,842 Page 5 Art Unit: 1747 Application/Control Number: 18/560,842 Page 6 Art Unit: 1747 Application/Control Number: 18/560,842 Page 7 Art Unit: 1747 Application/Control Number: 18/560,842 Page 8 Art Unit: 1747 Application/Control Number: 18/560,842 Page 9 Art Unit: 1747 Application/Control Number: 18/560,842 Page 10 Art Unit: 1747 Application/Control Number: 18/560,842 Page 11 Art Unit: 1747 Application/Control Number: 18/560,842 Page 12 Art Unit: 1747 Application/Control Number: 18/560,842 Page 13 Art Unit: 1747