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 .
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.
Claim(s) 1 and 8-11 are rejected under 35 U.S.C. 103 as being unpatentable over Tan et al. (US 2020/0009600), and further in view of Bessant et al. (US 2020/0269267).
Regarding claim 1, Tan teaches:
An aerosol-generating device comprising a main body
Tan teaches an atomizer device including a cartridge assembly and associated components forming a device body (¶¶ [0011], [0014]; Figs. 1–3).
the main body comprising a cartridge fastening area configured to receive a cartridge
Tan teaches a region of the device configured to receive and retain a removable cartridge assembly, wherein the cartridge is movable between a first position and a second position relative to the transducer (¶¶ [0011], [0107]–[0108]; Figs. 1–3).
a cartridge detachably coupled to the cartridge fastening area
Tan teaches a removable cartridge assembly that is selectively positioned relative to the device and may be moved into and out of engagement with the transducer (¶¶ [0011], [0020]–[0021]).
the cartridge comprising a reservoir configured to store aerosol-forming substrate
Tan teaches a cartridge including a reservoir containing liquid (¶ [0011]; Figs. 1–3).
a transmission member configured to transmit the aerosol-forming substrate
Tan teaches a wick configured to transport liquid via capillary action (¶¶ [0011], [0087]).
a vibrator assembly configured to vibrate the transmission member to atomize the aerosol-forming substrate
Tan teaches an ultrasonic transducer in contact with the wick, wherein vibration causes atomization of liquid from the wick (¶¶ [0011], [0087]–[0089]).
a housing configured to accommodate the reservoir, the transmission member, and the vibrator assembly
Tan teaches a cartridge housing enclosing the liquid reservoir, wick, and associated components (¶ [0011]; Figs. 1–3).
Tan does not teach: a temperature sensor including: a sensor housing, a sensor hole, a lens disposed between the sensor hole and the detector, and wherein the sensor hole faces the cartridge fastening area.
Bessant teaches:
a temperature sensor (pyrometer)
Bessant teaches a pyrometer configured to determine temperature of a heated target surface via thermal radiation (¶¶ [0009], [0017]).
a sensor housing
Bessant teaches a casing enclosing the sensor components (¶ [0093]).
a sensor hole
Bessant teaches an entrance opening in the casing allowing thermal radiation to enter (¶ [0093]).
a lens disposed between the sensor hole and a detector
Bessant teaches an optical system including at least one lens positioned between the entrance opening and the detector (¶¶ [0014], [0088], [0090]–[0093]).
wherein the sensor is positioned to face a target region
Bessant teaches positioning the pyrometer in line-of-sight with a heated target surface for temperature detection (¶¶ [0056], [0082]).
Tan and Bessant are in the same field of endeavor because both are directed to aerosol-generating devices including components that heat or atomize an aerosol-forming substrate and require monitoring of operating conditions within the device (Tan: ¶ [0002]; Bessant: ¶ [0001]).
Furthermore, Tan teaches that atomization depends on liquid delivery, viscosity, and cavitation behavior at the wick/transducer interface(¶¶ [0004], [0008]-[0009], [0087]-[0089]) .
These properties are known to vary with temperature, and variation in such properties affect atomization efficiency and consistency. Bessant is reasonably pertinent to the problem addressed by Tan, namely monitoring temperature within an aerosol-generating device, as Bessant teaches non-contact temperature measurement of a heated target region within such a device (¶¶ [0009], [0017]).
Accordingly, incorporating Bessant’s temperature sensing system into Tan would have been a predictable use of prior art elements to monitor temperature-dependent conditions in the atomization region, thereby improving control and consistency of aerosol generation.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tan to include the temperature sensor arrangement of Bessant, including the casing having an entrance opening (sensor hole), the detector, and the optical system including a lens positioned between the entrance opening and the detector, positioned such that the sensor is in line-of-sight with the cartridge receiving region of Tan, in order to monitor the temperature of the aerosol-forming substrate or associated components, since Bessant teaches that such an optical system transfers thermal radiation from a target surface to the detector and provides accurate non-contact temperature measurement (¶¶ [0014], [0088], [0090]–[0093]).
As modified, Tan would include Bessant’s pyrometer arrangement, wherein:
the entrance opening of the casing corresponds to the claimed sensor hole (¶ [0093]); and
the optical system including at least one lens positioned between the opening and the detector corresponds to the claimed lens positioned between the sensor hole and the temperature sensor (¶¶ [0014], [0088], [0090]–[0093]).
Regarding claim 8, Tan teaches an aerosol generating device including a vibrator assembly configured to atomize aerosol generating material (¶¶ [0087]–[0089]).
Tan does not teach a lens spaced apart from the vibrator assembly and a temperature sensor, nor open space relationships as claimed.
Bessant teaches a temperature measurement system including:
a lens spaced apart from a sensor, as Bessant teaches an optical system in which radiation from a target surface passes through an optical path toward a detector, thereby requiring spacing between optical elements and the detector (¶¶ [0013]–[0014]).
an open space between the lens and the sensed object, as Bessant teaches that thermal radiation emitted from a target surface travels through space to the optical system (¶ [0014]).
an open space between the lens and the sensor, as Bessant teaches that radiation passes through optical components to reach the detector, thereby defining an intervening space (¶¶ [0013]–[0014]).
a housing arrangement positioning optical components apart from sensing components, as illustrated in Fig. 4 showing the optical path extending between the target (33, 233), optical elements, and the detector (121, 122) within the device (Fig. 4; ¶ [0049]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tan to include the infrared sensing and optical arrangement of Bessant in order to provide non-contact temperature measurement of the vibrating element for improved control and monitoring.
As modified, Tan in view of Bessant teaches:
the lens is spaced apart from the vibrator assembly and the temperature sensor, as Bessant’s optical system positions the lens between the target and the detector with spacing along the optical path (¶ [0014]; Fig. 4);
an area between the lens and the vibrator assembly is an open space, as Bessant teaches radiation traveling through space from the target surface to the optical system (¶ [0014]);
an area between the lens and the temperature sensor is an open space, as Bessant teaches radiation traveling through space from the optical system to the detector (¶¶ [0013]–[0014]).
Regarding claim 9, Tan teaches an aerosol generating device including a vibrator assembly configured to atomize aerosol generating material (¶¶ [0087]–[0089]).
Tan does not teach a lens configured to condense light traveling from the vibrator assembly toward a temperature sensor to be concentrated on the temperature sensor.
Bessant teaches:
a lens disposed along an optical path between a target surface and a detector, as Bessant teaches an optical system including optical elements arranged between a target (e.g., 33, 233) and a detector (e.g., 121, 122) (¶ [0013]; Fig. 4).
radiation traveling from a target toward a detector, as Bessant teaches that thermal radiation emitted from a target surface propagates toward the optical system and detector (¶ [0014]).
optical elements configured to collect and direct radiation toward the detector, as Bessant teaches that the optical system collects emitted radiation and directs it to the detector for temperature measurement (¶ [0013]).
concentration of radiation at the detector via collection and direction, as Bessant teaches that radiation emitted from the target surface is gathered and directed onto the sensing element, thereby increasing the radiation received at the detector relative to free propagation (¶¶ [0013]–[0014]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tan to include the optical sensing arrangement of Bessant in order to provide non-contact temperature measurement and improve sensing accuracy by collecting and directing radiation from the vibrating element onto a temperature sensor.
As modified, Tan in view of Bessant teaches:
the lens is configured to condense light traveling from the vibrator assembly toward the temperature sensor, as Bessant teaches optical elements that collect and direct radiation emitted from a target toward a detector (¶ [0013]; ¶ [0014]);
to be concentrated on the temperature sensor, as Bessant teaches that the collected radiation is directed onto the detector, thereby concentrating the received radiation at the detector (¶¶ [0013]–[0014]).
Regarding claim 10, Tan teaches an aerosol generating device including a vibrator assembly configured to atomize aerosol generating material (¶¶ [0011]–[0012]).
Tan does not teach a lens comprising a first lens surface facing the vibrator assembly and a second lens surface opposite to the first lens surface and facing a temperature sensor.
Bessant teaches:
a lens positioned along an optical path between a target surface and a detector, as Bessant teaches an optical system including at least one lens disposed between a target surface (e.g., heated target surface 33, 233) and a detector (e.g., sensors 121, 122) (¶¶ [0090]–[0093]; Fig. 5);
radiation traveling from the target surface toward the detector through the lens, as Bessant teaches that thermal radiation emitted from the target surface propagates toward and through the optical system to the detector (¶¶ [0013]–[0014]);
a lens inherently comprising opposing surfaces through which radiation enters and exits, as the lens is an optical element disposed between the target and the detector along the radiation path (Fig. 5; ¶ [0093]).
From the above, when the lens of Bessant is positioned between a target and a detector along a radiation path, one surface of the lens necessarily faces the target to receive radiation, and the opposite surface necessarily faces the detector to transmit radiation toward the detector (¶¶ [0013]–[0014]; Fig. 5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tan to include the optical sensing arrangement of Bessant in order to provide non-contact temperature sensing of the vibrator assembly (MPEP § 2143).
As modified, Tan in view of Bessant teaches:
a first lens surface facing the vibrator assembly, as the lens receives radiation emitted from the vibrator assembly (mapped to Bessant’s target surface) (¶ [0014]);
a second lens surface opposite to the first lens surface and facing the temperature sensor, as the lens transmits radiation from the opposite surface toward the detector (mapped to the temperature sensor) (¶¶ [0013]–[0014]).
The recitation of first and second lens surfaces merely reflects the inherent structure of a lens positioned between a radiation source and a detector and does not impose additional structural limitations beyond those already taught by Bessant.
Regarding claim 11, Tan does not explicitly teach the lens comprises a first condensing area formed to be curved with a predetermined curvature, so as to condense light traveling from the first lens surface to the second lens surface.
However, Bessant teaches a lens having a first lens surface facing the heated target surface and a second lens surface facing the temperature sensor as part of optical system 120 (¶¶ [0090]–[0093]; Fig. 5).
Regarding “the lens comprises a first condensing area formed to be curved with a predetermined curvature”, Bessant teaches that the optical system includes Fresnel lenses 115, 117, wherein both lenses are spherical Fresnel lenses having stepped surfaces 116, 118 (¶ [0090]). The spherical Fresnel lens defines a curved optical profile corresponding to a predetermined curvature, thereby teaching the claimed first condensing area.
Regarding “so as to condense light traveling from the first lens surface to the second lens surface”, Bessant teaches that:
the front lens 115 seals the entrance opening of the casing and receives radiation from the target-facing side (¶ [0093]); and
the optical system is configured for radiation transfer from the target surface to the sensors, with radiation passing through the lens toward the sensor (¶¶ [0091]–[0092]).
Thus, Bessant teaches light entering at the first lens surface (target-facing side), traveling through the curved Fresnel lens structure, and being directed toward the second lens surface facing the sensor, thereby condensing the light across the lens from the first surface to the second surface.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize the spherical Fresnel lens of Bessant in the device of Tan, because Bessant teaches that such lens geometry improves optical/radiative transfer to the sensor (¶ [0091]).
This is merely the combination of prior art elements according to known methods/device to yield predictable results, namely improved radiation collection and measurement (MPEP § 2143(I)(A)).
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Tan et al. (US 2020/0009600), and Bessant et al. (US 2020/0269267) as applied to claim 11 above, and further in view of Saito et al. (US 2012/0176668).
Regarding claim 12, Tan teaches an aerosol generating device including a heating/vibration arrangement for generating aerosol from an aerosol-forming substrate (¶¶ [0087]–[0089]).
Tan does not teach: a lens; a first condensing area formed on a second lens surface; and a first lens surface that is substantially flat.
Bessant teaches:
an aerosol-generating device including a pyrometer (100) configured to determine a temperature of a heated target surface within the device (¶ [0094]);
the pyrometer comprising an optical system (120) configured for collecting thermal radiation emitted from the heated target surface (¶ [0091]);
the optical system comprising at least one lens (111, 115) disposed between the heated target surface and sensors (¶¶ [0090]–[0091], [0093]); and
the lens including a lens surface facing the target surface which is a scattering surface for receiving radiation (¶ [0094]).
Thus, Bessant teaches what Tan lacks regarding:
providing a lens in an aerosol-generating device for collecting radiation from a heated component (¶¶ [0090]–[0094]).
However, Tan in view of Bessant does not teach: that the lens includes a first condensing area formed on the second lens surface; and that the first lens surface is substantially flat.
Saito teaches:
an optical system including multiple lenses configured to collect and direct radiation toward a detector (¶¶ [0055]–[0057]);
a lens having a flat surface, such as a plano-convex configuration with a flat object-side surface (¶¶ [0068], [0111]); and
an opposing curved/convex surface that refracts and condenses radiation, thereby forming a condensing region on that surface (¶¶ [0111]–[0114]).
Thus, Saito teaches what is missing from Tan and Bessant:
a first lens surface that is substantially flat (¶¶ [0068], [0111]); and a condensing area formed on the second lens surface, i.e., the curved surface that focuses radiation (¶¶ [0111]–[0114]).
Tan and Bessant are in the same field of endeavor, as both are directed to aerosol-generating devices including heated components, and Bessant specifically addresses measuring temperature of such heated components using optical sensing (¶ [0094]).
Bessant and Saito are reasonably pertinent to the problem addressed by the claimed invention, namely efficiently collecting and directing radiation using a lens, because both references address optical systems for directing radiation to a detector (¶¶ [0055]–[0057]; [0091]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Tan to include the optical temperature sensing arrangement of Bessant in order to monitor temperature of the heated component, and to further configure the lens according to Saito to provide a predictable optical arrangement that improves radiation collection and focusing onto the detector.
As modified, Tan in view of Bessant and Saito teaches:
the first condensing area is formed on the second lens surface, as taught by Saito’s curved/convex lens surface that condenses radiation (¶¶ [0111]–[0114]); and
the first lens surface is substantially flat, as taught by Saito’s plano surface (¶¶ [0068], [0111]).
Allowable Subject Matter
Claims 2-7 and claim 13-15 are 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: Claim 2 is allowed because the prior art of record, including Tan in view of Bessant, fails to teach or suggest the claimed structural relationship of:
a support assembly configured to support the vibrator and comprising a channel that is open from the lens to the second surface of the vibrator.
Tan teaches an aerosol-generating device including a cartridge having a reservoir, a transmission member (wick), and a vibrator (ultrasonic transducer) that atomizes liquid at an interface between the transmission member and the vibrator. Tan further teaches structural components (e.g., mounting seat, base, and passages) that support and house the vibrating element and fluid delivery components. However, the passages disclosed in Tan are directed to liquid flow or airflow associated with atomization and aerosol delivery, and are not disclosed as forming a channel within a support assembly that provides a path from a lens to a surface of the vibrator. Moreover, Tan does not teach or suggest a second surface of the vibrator being aligned with any sensing path, nor any structure providing an open path extending to such a surface.
Bessant teaches an aerosol-generating device including a pyrometer (temperature sensor) with an infrared detector, and an optical system including a lens for receiving thermal radiation from a target surface. Bessant further teaches that the sensor is arranged in line-of-sight with the target surface, such that radiation travels through an optical path to the detector. However, Bessant does not disclose a vibrator assembly, nor a support assembly for a vibrator, and does not disclose that the optical path is defined by or integrated into a support assembly. Additionally, Bessant does not teach or suggest a channel extending from the lens to a second surface of a vibrator, or any analogous structure.
The combination of Tan and Bessant fails to render claim 2 obvious because:
Tan’s passages are unrelated to optical sensing and are not configured or positioned to provide a path from a lens to a vibrator surface;
Bessant’s optical path is not structurally defined within a support assembly, but rather is a general line-of-sight sensing arrangement; and
neither reference suggests modifying Tan’s support structure to incorporate a channel aligned with a lens and extending to a second surface of the vibrator.
Such a modification would require a reconfiguration of Tan’s support assembly to integrate an optical sensing path extending specifically to the second surface of the vibrator, which is not suggested by Bessant. Bessant provides no teaching or motivation to align an optical path with a vibrator surface, nor to structurally define such a path within a support assembly supporting a vibrator.
Accordingly, the prior art does not teach or suggest the claimed channel extending from the lens to the second surface of the vibrator within the support assembly, and the claim is therefore allowable.
Claims 3–7 depend from claim 2 and include additional limitations directed to the configuration and arrangement of the channel, lens, and vibrator assembly. The prior art of record fails to teach or suggest the limitations of claim 2, and further fails to teach or suggest the additional limitations recited in claims 3–7.
Therefore, claims 2–7 are allowable.
The closest prior art of record, including Tan in view of Bessant and further in view of Saito, fails to teach or suggest the specific structural configuration recited in claim 13.
In particular, claim 13 requires: the lens comprises a second condensing area formed to protrude from the second lens surface, and the protruding condensing area has an inclined distal portion.
Bessant teaches: an optical system including Fresnel lenses having stepped surfaces (¶ [0090]), and the use of such lenses for directing thermal radiation (¶¶ [0090]–[0091]).
However, Bessant’s stepped surfaces:
correspond to a continuous Fresnel lens profile comprising faceted regions, and
do not constitute a distinct condensing area formed to protrude from the lens surface,
do not disclose a separate structural feature extending outward from a base lens surface, and
instead describe integral surface geometry of the lens itself, rather than a protruding structure.
Saito teaches:
optical lenses having flat and curved surfaces for refracting and focusing radiation (¶¶ [0068], [0111]–[0114]),
including plano-convex and meniscus lens configurations.
However, Saito:
teaches continuous lens surface geometries, and
does not teach or suggest a localized condensing area formed as a protruding structure from a lens surface, nor
an inclined distal portion of such a protruding condensing feature.
Further, while Fresnel facets in Bessant and curved surfaces in Saito may include angled surfaces, neither reference teaches or suggests that such surfaces form:
a protruding condensing area extending from the second lens surface, or
a distinct structural feature having an inclined distal portion as required by the claim.
Tan likewise fails to remedy these deficiencies.
Accordingly, the prior art of record fails to teach or suggest a protruding condensing area extending from the second lens surface having an inclined distal portion, as specifically required by claim 13.
Claims 14 and 15, which depend from claim 13, are allowable for at least the same reasons, as the additional limitations relating to the arrangement of the second condensing area(s) are likewise not taught or suggested by the prior art of record.
Therefore, claims 13–15 are allowable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER KESSIE whose telephone number is (571)272-7739. The examiner can normally be reached Monday - Thursday 7:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at (571) 270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER A KESSIE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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