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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 16-30 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Claim 16 recites the steps “associate the at least one operational quantity to a plurality of classes, each class corresponding to a predefined characteristic of the at least one operational quantity, compute a score for each class, and determine a state indicator indicative of a heating state of the at least one heating element based on the plurality of classes and the computed scores for the classes”.
The limitations of associating the at least one operational quantity to a plurality of classes, computing a score for each class, and determining a state indicator, as drafted, are processes that under their broadest reasonable interpretation cover performance of the limitations in the mind. Thus, the limitations fall within the “mental processes” grouping of abstract ideas. Accordingly, the claim recites an abstract idea.
The judicial exception is not integrated into a practical application. The claim recites an aerosol-generating device comprising at least one heating element configured to heat at least part of an aerosol-generating substrate and heat control circuitry. The heat control circuitry recited has a high level of generality such that it amounts to no more than mere instructions to apply the exception using generic circuitry components. Accordingly, these additional elements do not integrate the abstract idea into a practical application because they do not impose any meaningful limits on practicing the abstract idea. Thus, the claim is directed to an abstract idea.
The claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception because the additional elements of an aerosol-generating device comprising a heating element, aerosol-generating substrate, and heat control circuitry configured to receive at least one operational quantity are all well-understood, routine, and conventional within the art as evidenced by Robert et al. (US 2020/0037668) which teaches a heated aerosol generating device 1 comprising a housing 10 and an aerosol-forming substrate 12, for example an aerosol-forming article such as a cigarette. The aerosol-forming substrate 12 is pushed inside the housing 10 to come into thermal proximity with a heater 4 (Figure 1; [0084]). Furthermore, heat control circuitry configured to receive at least one operational quantity is interpreted as data gathering which is considered insignificant extra solution activity (See MPEP §2106.05(g)).
Independent claim 30 and dependent claims 17-29 are substantively similar to the independent claim and fail to recite patent eligible subject matter for the reasons set out above. Therefore, claims 17-30 are also rejected under 35 U.S.C. 101.
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.
Claims 16-19 and 23-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Robert et al. (US 2020/0037668).
Claims 16, 17, 18, and 30. Robert et al. discloses a power management method and system for an aerosol-generating device (Abstract). The electrically heated aerosol generating device 1 comprises a housing 10 and an aerosol-forming substrate 12, for example an aerosol-forming article such as a cigarette. The aerosol-forming substrate 12 is pushed inside the housing 10 to come into thermal proximity with a heater 4. The aerosol-forming substrate 12 will release a range of volatile compounds at different temperatures. Within the housing 10 there is a battery 2. A control unit 3 (heat control circuitry) is connected to the heating element 2, the battery 2, and a user interface 6, for example a button or display ([0084]; Figure 1). The control unit 3 controls the power supplied to the heating element 4 in order to regulate its temperature by varying a duty cycle of the current ([0085]). The battery is connected to the resistive heater 4 through a control unit. The control unit comprises a microprocessor unit (MCU) 20 and a switch 23. The MCU controls the operation of the switch to control a duty cycle of the current delivered to the heater 4 ([0086]). The device also comprises a temperature sensor 25, positioned to measure a temperature of the battery 2. An output of the temperature sensor 25 is connected to the MCU 20. The temperature of the battery (operational quantity) as measured by the temperature sensor 25 is used to control the operation of the switch 23 based on at least one rule stored in the non-volatile memory 27 ([0087]).
The device may be activated by a user using the user interface 6. When the device is activated electrical current is delivered from the battery to the heater through the switch 23 ([0088]). Ideally the heater is raised to a target temperature as quickly as possible after activation while ensuring that the MCU receives a sufficient voltage for proper function. At the outset, when the battery is cool, it will have a relatively high internal resistance, meaning that a greater proportion of the battery voltage will be dropped across the internal resistance that after the battery has heated up. This means that when the battery is cooler, a lower duty cycle for the current is desirable to ensure that the MCU receives at least a minimum operating voltage ([0089]). The voltage received by the MCU is also influenced by the resistance of the heater 4. The resistance of the heater 4 will typically vary during operation of the device, as it heats up. The heater may be formed from a material that has a significant variation of resistance with temperature so that the resistance of the heater can be used as a measure of the temperature of the heater for heater temperature control. The heater in this example has a positive temperature coefficient so that the resistance of the heater increases as the heater temperature increases ([0090]). The MCU may be configured to measure the electrical resistance of the heater 4. This may be achieved by using a shunt resistor (with a very low resistance) in series with the heater 4. The current through the shunt resistor, which is also the current through the heater, can be measured using an amplifier connected in parallel to the shunt resistor. The voltage across the heater can be measured directly and the resistance of the heater then calculated using Ohm's law (compute a score). This is a well-known measurement technique ([0091]). The MCU controls the operation of the switch according to a rule stored in the memory of the MCU. FIG. 3 illustrates one example of a rule 30 that the MCU could use. The rule relates a measured temperature of the battery T.sub.bat (operational quantity) and a measured electrical resistance of the heater R.sub.h to an output duty cycle. The rule comprises a plurality of sub-rules (plurality of classes), each associated with a range of battery temperatures. The ranges of battery temperatures are sequential but do not overlap with each other. Within each sub-rule there is a plurality of duty cycles, each associated with a distinct range of heater resistances. The ranges of heater resistances are sequential but do not overlap with each other. To determine which duty cycle to use, the MCU first selects a sub-rule associated with a range of battery temperatures in which the measured battery temperature 31 (associate the at least one operational quantity to a plurality of classes) falls. In the example illustrated in FIG. 3, this is Range 2, covering temperatures from T2 to T3, as illustrated by the dotted line box 32. The MCU then selects a duty cycle from within the sub-rule associated with Range 2. The duty cycle chosen is the duty cycle associated with the range of heater resistances in which the measured heater resistance 33 falls (determine a state indicator indicative of a heating state; control a heating temperature of the heating element based on the state indicator). In the example shown in FIG. 3, it is duty cycle DC8 associated with resistance range R.sub.h5 to R.sub.h6, as illustrated by the dotted line box 34. The output from the rule 30 is therefore DC8, as shown by box 36 ([0092]).
Claim 19. Robert et al. discloses that the heater is a resistive heater ([0085]).
Claims 23, 24, 25, and 28. Robert et al. discloses temperature sensor 25, positioned to measure a temperature of the battery 2. An output of the temperature sensor 25 is connected to the MCU 20. The temperature of the battery (operational quantity) as measured by the temperature sensor 25 is used to control the operation of the switch 23 based on at least one rule stored in the non-volatile memory 27 ([0087]).
Claim 26. Robert et al. discloses that the temperature of the battery (operational quantity) as measured by the temperature sensor 25 is indicative of the power supplied to the heating element ([0087]).
Claim 27. Robert et al. discloses a control process wherein the device is activated in step 40. In a first step 41 following activation the temperature of the battery is measured. Then, in step 42, a duty cycle for the current is selected based on the battery temperature. At this stage, before any current has been applied to the heater it is assumed that the heater resistance is at a maximum value. In step 43 the MCU operates the switch in accordance with the selected duty cycle to deliver current to the heater. This duty cycle is maintained for a predetermined period, such as 0.5 seconds. During this period the electrical resistance of the heater is measured, in step 44. In step 45 the measured electrical resistance is compared to a target resistance, corresponding to target heater temperature. If the heater resistance is equal to or greater than the target resistance then the process ends at step 46. If the heater resistance is less than the target resistance, indicating that the heater has not reached the target temperature, then the process returns to step 41 when the battery temperature is measured again. In step 42 the duty cycle is again selected using the predetermined rule, this time based on both battery temperature and heater resistance. The process is repeated until the target resistance is achieved or until 30 seconds after activation, whichever occurs sooner (since the process is repeated, the control circuitry is configured to receive a plurality of battery temperatures, associate each to a sub-rule, compute a score for each class, and determine a duty cycle until the target resistance or temperature is reached) (Figure 4; [0112])
Claim 29. Robert et al. discloses heated aerosol generating device 1 comprising a housing 10 and an aerosol-forming substrate 12, for example a aerosol-forming article such as a cigarette. The aerosol-forming substrate 12 is pushed inside the housing 10 to come into thermal proximity with a heater 4 (Figure 1; [0084]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael 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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/KATHERINE A WILL/Primary Examiner, Art Unit 1747
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