DETAILED ACTION
This office action is in response to the application filed on 12/01/2023. Claims 1-9 are pending.
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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Drawing
The drawing submitted on 12/01/2023 is acknowledged and accepted by the examiner.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/01/2023 and 12/13/2024 have been considered by the examiner.
Claim Rejections - 35 USC § 102
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 –
(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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 8-9 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Li et al. (US Patent or PG Pub. No. 20180090923, hereinafter ‘923).
Claim 8, ‘923 teaches a method of measuring a value of a voltage to be applied to a vibrator (e.g., the atomizing sheet), performed by an electronic device (e.g., 800, see Fig. 1-8), the method comprising: generating a signal (e.g., the current passing 305) to be supplied to a vibrator (e.g., 305, see [0032]) of a driving circuit (e.g., 100) of the electronic device (e.g., see Fig. 1-8); and measuring a target voltage (e.g., the voltage at the node A) of the signal divided by voltage dividing resistors (e.g., 312 and 313) of the driving circuit, the target voltage being measured across a first voltage dividing resistor (e.g., 313) among the voltage dividing resistors (e.g., see [0026], Fig. 3-6).
Claim 9, ‘923 teaches the limitations of claim 8 as discussed above. It further teaches that further comprising: determining whether the target voltage exceeds a preset threshold voltage (e.g., the threshold voltage); and when the target voltage exceeds the preset threshold voltage, adjusting the signal to be supplied to the vibrator (e.g., see Abstract, [0014][0026]).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1,148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) 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 under 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of 35 U.S.C. 103(c) and potential 35 U.S.C. 102(e), (f) or (g) prior art under 35 U.S.C. 103(a).
Claims 1-7 are rejected under 35 U.S.C. 103(a) as being unpatentable over Li et al. (US Patent or PG Pub. No. 20180090923, hereinafter ‘923), in view of Sur (US Patent or PG Pub. No. 20190014819, hereinafter ‘819).
Claim 1, ‘923 teaches a driving circuit (e.g., 100) of an electronic device (e.g., 800, see Fig. 1-8), the driving circuit comprising: a power supply configured to supply a signal (e.g., the current passing 305) to the driving circuit when a vibrator (e.g., the atomizing sheet 305) is connected to the driving circuit of the electronic device (e.g., see Fig. 1-8); one or more diodes (e.g., 311) configured to rectify a signal supplied to the vibrator (e.g., the signal applied to 305 through 304, see Fig. 3-6); voltage dividing resistors (e.g., 312 and 313) configured to divide a voltage (e.g., the voltage at the node A) of the signal rectified by the one or more diodes (e.g., see Fig. 3-6); and a voltage measurement system (e.g., the circuits comprising 103) configured to measure a target voltage (e.g., the threshold) across a first dividing resistor (e.g., 313) among the voltage dividing resistors (e.g., see [0026], Fig. 3-6).
‘923 does not explicitly disclose that the vibrator (e.g., the atomizing sheet) being part of a cartridge.
‘819 discloses an aerosol delivery device having a vibrator (e.g., 336/338 of 220) of a cartridge (e.g., 104, see Fig. 1-3) to deliver the aerosol in the cartridge (e.g., see [0048][0049][[0065], Fig. 1-4).
Therefore, It would have been obvious to one having ordinary skill in the art before the effective filing date to modify ‘923 including the cartridge with the vibrator as taught by ‘819 in order of being able to deliver the aerosol in the cartridge (e.g., see [0048][0049][[0065], Fig. 1-4).
Claim 2, the combination of ‘923 and ‘819 teaches the limitations of claim 1 as discussed above. ‘923 further teaches that wherein, when the target voltage measured by the voltage measurement system exceeds a preset threshold voltage (e.g., the threshold voltage), a signal to be supplied to the vibrator is adjusted (e.g., see Abstract, [0014][0026]).
Claim 3, the combination of ‘923 and ‘819 teaches the limitations of claim 2 as discussed above. ‘923 further teaches that wherein the signal to be supplied to the vibrator is adjusted by adjusting an operating cycle of the power supply (e.g., operating cycle of the signal changed when turning-off 105, see [0026]).
Claim 4, the combination of ‘923 and ‘819 teaches the limitations of claim 2 as discussed above. ‘923 further teaches that wherein the signal to be supplied to the vibrator is adjusted by reducing a magnitude of the signal (e.g., magnitude of the signal changed when turning-off 105, see [0026]).
Claim 5, the combination of ‘923 and ‘819 teaches the limitations of claim 1 as discussed above. ‘923 further teaches a peak-hold circuit (e.g., the circuits comprising the peak detecting diode 311 detecting the peak voltage of the detected signal and holding the detecting results by 402 and 403, see [0040], Fig. 3-4), wherein the voltage measurement system measures a result of holding the target voltage by the peak-hold circuit (e.g., detecting the peak voltage of the detected signal and the detecting results held by 402 and 403, see [0040], Fig. 3-4).
Claim 6, the combination of ‘923 and ‘819 teaches the limitations of claim 1 as discussed above. ‘923 further teaches that wherein the electronic device is an aerosol generating device (e.g., see Title, Abstract).
Claim 7, ‘923 teaches an electronic device (e.g., 800, see Fig. 1-8) comprising: a vibrator (e.g., the atomizing sheet 305) configured to generate an aerosol by vibrating an aerosol generating material; and a body (e.g., the body of 800, see Fig. 7-8) connected to the cartridge unit, wherein the body comprises: a driving circuit (e.g., 100) configured to operate the vibrator when the cartridge unit is connected to the body (e.g., see Fig. 1-6, 8); and a controller (e.g., 1032) configured to control an operation of the driving circuit (e.g., see Abstract, [0026]), and wherein the driving circuit comprises: a power supply configured to supply a signal (e.g., the current passing 305) to the driving circuit when a vibrator (e.g., the atomizing sheet 305) is connected to the driving circuit of the electronic device (the signal applied to 305 through 304, see Fig. 3-6); one or more diodes (e.g., 311) configured to rectify a signal supplied to the vibrator (e.g., the signal applied to 305 through 304, see Fig. 3-6); voltage dividing resistors (e.g., 312 and 313) configured to divide a voltage (e.g., the voltage at the node A) of the signal rectified by the one or more diodes (e.g., see Fig. 3-6); and a voltage measurement system (e.g., the circuits comprising 103) configured to measure a target voltage (e.g., the threshold) across a first dividing resistor (e.g., 313) among the voltage dividing resistors (e.g., see [0026], Fig. 3-6).
‘923 does not explicitly disclose that the vibrator (e.g., the atomizing sheet) being part of a cartridge.
‘819 discloses an aerosol delivery device having a vibrator (e.g., 336/338 of 220) of a cartridge (e.g., 104, see Fig. 1-3) to deliver the aerosol in the cartridge (e.g., see [0048][0049][[0065], Fig. 1-4).
‘819 reads the same obviousness as discussed in claim 1 rejection above.
Examiner's Note:
Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUE ZHANG whose telephone number is (571)270-1263. The examiner can normally be reached on M-F: 8:30AM-5:00PM
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/JUE ZHANG/
Primary Examiner, Art Unit 2838