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 .
Specification
The specification is objected to because of grammatical errors, incorrect figure references, incorrect reference numerals, and an internal technical inconsistency.
Page 1 line 5, “relates to aerosol generation device” should read “relates to an aerosol generation device”;
Page 8 lines 12-13, “six of the aerosolisation session” should read “six of the aerosolisation sessions”;
Page 8 line 23, “FIG. 8 is process flow diagram” should read “FIG. 8 is a process flow diagram”;
Page 8 line 31, “aerosolise of vaporise” should read “aerosolise or vaporise”;
Page 10 line 32, “referred to the as a heater” should read “referred to as a heater”;
Page 18 line 11, “that is being currently being performed” should read “that is currently being performed”;
Page 20 line 32, “the preheating phase occurs of the aerosolisation session occurs” should be corrected to “the preheating phase of the aerosolisation session occurs”;
Page 21 lines 1-2, “heating phase (of float phase)” should be corrected to “heating phase (or float phase)”;
Page 22 lines [8-9]; incorrectly identifies fitting lines 729 and 739, whereas FIG. 7B identifies fitting lines 728 and 738, with 729 and 739 identifying the corresponding voltage offsets (Page 22 line 23);
Page 22 lines 15-17 should likewise refer to fitting lines 738 and 728 rather than 739 and 729;
Page 23 line 28 should recite “a sufficient number of battery voltage measurements”;
Page 26 lines [6, 13], “the controller 102 to determines” should read “the controller 102 determines”;
Page 26 lines 31 should recite “indicate to the user that the battery 104 does not have sufficient charge”;
Page 30 line 8, “T₂ being is less than” should read “T₂ being less than”;
Page 33 lines [22-23], “the determination at step 804 of the whether” and “can also performing” should read “the determination at step 804 of whether” and “can also perform”;
Page 38 lines [5-8] must also be corrected because it states that a< the first threshold and b< the second threshold indicate that the battery is capable of powering the subsequent session. This directly contradicts Page 37 lines [29-30], which states that those conditions indicate that the battery is not capable of powering the subsequent session. Page 38 line 7 also contains the incomplete phrase “only of,” which apparently should read “only one of.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2, 8, and 10 are rejected under 35 U.S.C. §112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites that “the heater is maintained at the aerosolisation temperature.” Claim 1, from which claim 2 depends, does not previously introduce an aerosolisation temperature. It is therefore unclear what particular temperature is referenced. Claim 2 could be amended by reciting “a predetermined aerosolisation temperature” or by otherwise introducing the temperature before referring to it in Claim 2.
Claim 8 first refers to “the second temperature” introduced in claim 7, but subsequently recites “a temperature change between the first temperature and a second temperature.” The latter phrase appears to introduce another second temperature. It is unclear whether the claimed temperature change uses the second temperature determined under claim 7 or a separate temperature measurement. The limitation should consistently refer to “the second temperature.”
Claim 10 recites determining a voltage “based upon the linear relationship.” Claim 10 depends directly on claim 1, which recites only “a determined relationship” and does not require that relationship to be linear. The linear relationship is introduced and defined in claim 3. It is therefore unclear whether claim 10 refers to the general relationship of claim 1, the linear relationship of claim 3, or introduces a different linear relationship. Claim 10 should preferably depend on claim 3 or expressly introduce and define the linear relationship.
Claim Rejections - 35 USC § 102
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 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 1, 11, 13, 14 and 15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated over Lee (U.S. 20210227891).
Regarding independent Claim 1, Lee teaches the following:
An aerosol generation device (Fig. 1 – aerosol generating device 1, abstract) configured to aerosolise an aerosol generating consumable in an aerosolisation session (¶[2]),
the aerosol generation device comprising:
a power source (Fig. 1 – battery 11);
a controller (Fig. 1 – controller 12; Fig. 6 – controller 610)
configured to control a power flow from the power source to a heater (Fig. 6 – heater 630) in the aerosolisation session (abstract),
determine a plurality of power source measurements of the power source as a function of time during the aerosolisation session (¶[6, 76] discloses estimating a remaining life of the battery based on at least two from among a first output voltage of the battery measured at a first time point, a second output voltage of the battery measured at a second time point that is later than the first time point, and a number of usage times of the aerosol generating device between the first time point and the second time point {being interpreted as plurality of power source measurements as a function of time});
determine whether the power source is capable of powering a subsequent aerosolisation session based upon a determined relationship between the power source measurements as a function of time (¶’s[71, 86-94] disclose estimating remaining battery life {being interpreted as whether the power source is capable of powering a subsequent aerosolisation session}, based on at least from an initial output voltage or a current output voltage of the battery, and determining battery exhaustion when the modeled available capacity has been consumed {being interpreted as determined relationship between the power source measurements as a function of time});
wherein the controller is configured to control the aerosol generation device to perform a further action when it is determined by the controller that the power source is not capable of powering a subsequent aerosolisation session (¶’s[72, 76] disclose that the controller 610 may output an estimation result for the remaining life of the battery 640 in various forms such as a warning message if the remaining life of the battery 640 is out of a normal operation range using visual, auditory, and/or tactile information through the interface, restricting smoking and displaying a notification {being interpreted as performing a further action if the power source is not capable of powering a subsequent aerosolisation session}).
Regarding dependent Claim 11, Lee is teaches of the further action comprising inhibiting a subsequent aerosolisation session until a predetermined requirement is met (¶’s[70, 76] disclose that controller 610 may control the aerosol generating device to perform functions, such as estimating a remaining life of a battery, restricting smoking; the controller 610 may analyze and process data obtained by the sensor 650 and the counter 660 and stop supplying power from the battery 640 to the heater 630 according to the sensed data {being interpreted as inhibiting a subsequent aerosolisation session}; ¶[78, 80] disclose that the data collected by the sensor and the counter include the number of puffs detected within a predetermined time period exceeding a predetermined number, predetermined time elapsed when the heater 630 reached a predetermined temperature, etc. {being interpreted as predetermined requirement}).
Regarding dependent Claim 13, Lee teaches the aerosol generation device further comprising an indicator and the further action comprises indicating, by the indicator, when it is determined by the controller that the power source is not capable of powering a subsequent aerosolisation session (¶[72] discloses that the controller 610 may output a number indicating the remaining life of the battery 640 or a warning message that the remaining life of the battery 640 is out of a normal operation range using visual, auditory, and/or tactile information through the interface).
Regarding independent Claim 14, Lee teaches the following:
A method of operating an aerosol generation device (Fig. 1 – aerosol generating device 1, abstract) configured to aerosolise an aerosol generating consumable in an aerosolisation session (¶[2]),
The method comprising:
controlling a power flow from the power source (Fig. 1 – battery 11) to a heater (Fig. 6 – heater 630) in the aerosolisation session (abstract),
determining a plurality of power source measurements of the power source as a function of time during the aerosolisation session (¶[6, 76] discloses estimating a remaining life of the battery based on at least two from among a first output voltage of the battery measured at a first time point, a second output voltage of the battery measured at a second time point that is later than the first time point, and a number of usage times of the aerosol generating device between the first time point and the second time point {being interpreted as plurality of power source measurements as a function of time});
determining whether the power source is capable of powering a subsequent aerosolisation session based upon a determined relationship between the power source measurements as a function of time (¶’s[71, 86-94] disclose estimating remaining battery life {being interpreted as whether the power source is capable of powering a subsequent aerosolisation session}, based on at least from an initial output voltage or a current output voltage of the battery, and determining battery exhaustion when the modeled available capacity has been consumed {being interpreted as determined relationship between the power source measurements as a function of time});
performing a further action when it is determined by the controller that the power source is not capable of powering a subsequent aerosolisation session (¶’s[72, 76] disclose that the controller 610 may output an estimation result for the remaining life of the battery 640 in various forms such as a warning message if the remaining life of the battery 640 is out of a normal operation range using visual, auditory, and/or tactile information through the interface, restricting smoking and displaying a notification {being interpreted as performing a further action if the power source is not capable of powering a subsequent aerosolisation session}).
Regarding independent Claim 15, Lee teaches the following:
A non-transitory computer-readable medium storing instructions (Fig. 6 – memory 670; ¶’s[69, 71] disclose data stored in the memory 670) that,
when executed by one or more processors of a controller (Fig. 1 – controller 12, Fig. 6 – controller 610; ¶[84] disclose of one or more processors of the controller 610)
configured for operation with an aerosol generation device (Fig. 1 – aerosol generating device 1, abstract) configured to aerosolise an aerosol generating consumable in an aerosolisation session (¶[2]),
cause the one or more processors to perform steps comprising:
controlling a power flow from the power source (Fig. 1 – battery 11) to a heater (Fig. 6 – heater 630) in the aerosolisation session (abstract),
determining a plurality of power source measurements of the power source as a function of time during the aerosolisation session (¶[6, 76] discloses estimating a remaining life of the battery based on at least two from among a first output voltage of the battery measured at a first time point, a second output voltage of the battery measured at a second time point that is later than the first time point, and a number of usage times of the aerosol generating device between the first time point and the second time point {being interpreted as plurality of power source measurements as a function of time});
determining whether the power source is capable of powering a subsequent aerosolisation session based upon a determined relationship between the power source measurements as a function of time (¶’s[71, 86-94] disclose estimating remaining battery life {being interpreted as whether the power source is capable of powering a subsequent aerosolisation session}, based on at least from an initial output voltage or a current output voltage of the battery, and determining battery exhaustion when the modeled available capacity has been consumed {being interpreted as determined relationship between the power source measurements as a function of time});
performing a further action when it is determined by the controller that the power source is not capable of powering a subsequent aerosolisation session (¶’s[72, 76] disclose that the controller 610 may output an estimation result for the remaining life of the battery 640 in various forms such as a warning message if the remaining life of the battery 640 is out of a normal operation range using visual, auditory, and/or tactile information through the interface, restricting smoking and displaying a notification {being interpreted as performing a further action if the power source is not capable of powering a subsequent aerosolisation session}).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (U.S. 20210227891) in view of Robert et al. (U.S. 20200037668).
Regarding dependent Claim 2, Lee teaches of the aerosolisation session comprises a heating phase in which the heater is maintained at the aerosolisation temperature (¶[70] discloses that the controller 610 may control an amount of power supplied to a heater 630 and a time for supplying the power, such that the heater 630 may be heated to a predetermined temperature or maintained at a proper temperature);
Lee is silent to the plurality of power source measurements as a function of time comprising a plurality of power source measurements determined in the heating phase.
Robert discloses of a plurality of power source measurements as a function of time determined in the heating phase (¶’s[14, 41, 110-112] disclose of periodically measuring an output battery voltage of the battery, calculating a rate of drop of output battery voltage based on measured output battery voltages such that, for example, the output battery voltage would fall below a minimum operating voltage in only a few seconds {being interpreted as a plurality of power source measurements as a function of time}, before the resistive heater could reach the target temperature {being interpreted as the heating phase}).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with Robert, to take a plurality of power source measurements in the heating phase. Such modification would be performed since it would be desirable to be able to extract the maximum power from the battery to make the device fully operational within the shortest amount of time by regulating the temperature to a desirable target value, while ensuring that the output battery voltage is maintained above a minimum threshold voltage that ensures a correct operation of the MCU and minimizing the time taken for the device to deliver aerosol ¶’s[3, 7, 29].
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (U.S. 20210227891) in view of Hussain (U.S. 20120277832), further in view of Robert et al. (U.S. 20200037668).
Regarding dependent Claim 3, Lee teaches an aerosol generation device performing aerosolisation sessions.
Lee is silent to the controller powering a subsequent loading session based upon a linear relationship between the power source measurements as a function of time; wherein the power source measurements are voltage measurements of the power source, and the linear relationship is defined as V = at + b, in which V is measured power source voltage as a function of time t in the loading session, a is change in measured power source voltage per unit time, and b is a voltage offset.
Hussain teaches determining whether the power source is capable of powering a subsequent loading session based upon a linear relationship between the power source measurements as a function of time (Fig. 8; abstract, ¶s[41, 46, and 49-54] disclose direct voltage measurements being used to provide a linear extrapolation to battery depletion. As time passes, the battery voltage measurement determines the voltage depletion rate of the battery over a given time period)
wherein the power source measurements are voltage measurements of the power source, and the linear relationship is defined as V = at + b, in which V is measured power source voltage as a function of time t in the loading session, a is change in measured power source voltage per unit time, and b is a voltage offset (Fig. 8 – straight line segments 804[a-f]; ¶s[41, 49 - 53, esp, 52] discloses multiple voltage measurements to produce a linear fit approximations, represented by straight line segments as a function of time.) Hussain teaches the two coefficients of the voltage-time line: voltage depletion rate {being interpreted as slope a} and measured voltage value at the selected time origin {being interpreted as voltage offset b} (¶s[49, 50]).
Lee and Hussain both teach battery charging [or discharging] systems capable of battery life estimation, and are thus analogous.
It would be a common knowledge for any skilled person in the art that every nonvertical straight-line fit of voltage V against time t has the standard slope-intercept representation V=at+b: a is the voltage depletion rate, and b is the fitted voltage at the selected time origin.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with Hussain, to implement a linear fit so as to predict the time required for the battery's terminal voltage to reach a given depleted value more accurately, thus, increasing the accuracy of battery life estimation ¶[54].
Regarding dependent Claim 4, Lee teaches an aerosol generation device performing aerosolisation sessions.
Lee is silent to the controller being further configured to determine the power source of not being capable of powering a subsequent aerosolisation session when the change in measured power source voltage per unit time is less than a first threshold and the voltage offset is less than a second threshold.
Robert teaches a change in measured power source voltage per unit time being less than a first threshold (¶115-117, esp, 117] disclose of the processor determining if the rate of change of battery voltage {voltage per unit time} is lower than a {first} threshold, the duty cycle is reduced by a predetermined amount and the device may be deactivated {being interpreted as power source of not being capable of powering a subsequent aerosolisation session});
and the voltage offset is less than a second threshold (¶[117-118] disclose an output battery voltage starting at 3.4V {or the voltage offset}, with a rate of 0.5 V/s voltage drop rate, reaching below a 2.5V minimum operating voltage {or a second threshold} won’t have enough time to heat up the heater significantly {which is equivalent to the power source of not being capable of powering a subsequent aerosolisation session}. The minimum operating voltage mentioned in ¶[118] is being interpreted as the voltage offset under BRI).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee in view of Hussain with Robert, to incorporate such a system that determines whether the power source is capable of powering a subsequent aerosolisation session. The reason for performing the modification would have been to prevent the voltage at the power source dropping below a minimum operational voltage ¶[118], thereby ending the session abruptly.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (U.S. 20210227891) in view of Hussain (U.S. 20120277832) and Robert et al. (U.S. 20200037668), further in view of Shoa et al. (U.S. 20180149708).
Regarding dependent Claim 5, Lee is silent to aerosol generation device comprising a temperature sensor configured to determine a first temperature of the power source; and wherein the controller is configured to determine the first threshold and the second threshold as a function of the determined first temperature of the power source.
Robert teaches a temperature sensor configured to determine a first temperature of the power source (¶’s[13, 87] disclose a thermistor or other dedicated temperature sensor may be used to obtain a measure of the {first} temperature of the battery);
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with Robert, to implement a temperature sensor so as to monitor the temperature in order to minimize the time taken for the device to deliver a first puff ¶[3].
Lee as modified is silent to the first threshold and the second threshold as a function of the determined first temperature.
Shoa teaches of the first threshold and the second threshold as a function of the determined first temperature of the power source (¶s[66, 67] disclose of temperature compensation by adjustment of the normalized parameters to the battery temperature {being interpreted as the first temperature} and/or by varying one or more of the thresholds {first and second thresholds} as a function of temperature).
Lee and Shoa both teach battery discharging [or charging] systems capable of battery life or state of health (SOH) estimation, and are thus analogous.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with Shoa, to implement the first and second thresholds as a function of temperature so as to periodically monitor a measure of the battery, such as state of health, and determine the battery condition more accurately by analyzing various input data, including but not limited to temperature, can be compared directly with the original ratings of the battery for cranking performance and capacity ¶[4].
Regarding dependent Claim 6, Lee is silent to the controller being configured to normalise the change in measured power source voltage per unit time and voltage offset to a nominal temperature based upon the determined first temperature of the power source.
Shoa teaches normalising the change in measured power source voltage per unit time and voltage offset (Fig. 2; ¶[43, 62, 66] disclose of applying normalization factors {such as normalization with respect to temperature mentioned in ¶[66]} to the voltages measured and the calculated parameters {being interpreted as voltage per unit time and voltage offset} in order to compensate for different temperatures of the batteries. Compensation may be achieved by further adjustment of the normalized parameters and/or by varying one or more of the thresholds as a function of temperature)
to a nominal temperature based upon the determined first temperature of the power source (¶[66] discloses that the normalization with respect to temperature is empirical and based on preprocessed data with different batteries having different operating temperatures {being interpreted as nominal temperature}; ¶[43] discloses that normalization and adjustment of parameters comprise of multiple analysis paths each of which compare compensated parameters with various different thresholds {being interpreted as first temperature of the power source} in order to determine whether the battery from which the parameters were obtained is in a good or a poor SoH).
Lee and Shoa both teach battery discharging systems capable of battery life or state of health (SOH) estimation, and are thus analogous.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with Shoa to implement normalization of rate of change of measured voltage with respect to a nominal temperature. The reason for performing the modification would have been to reduce temperature induced error in battery assessment and determining the battery condition more accurately by accounting for temperature related changes in battery voltage response when evaluating if the battery can support further operation.
Claims 7, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (U.S. 20210227891) in view of Hussain (U.S. 20120277832) and Robert et al. (U.S. 20200037668), further in view of Shoa et al. (U.S. 20180149708) and Ichikawa (U.S. 20100217466).
Regarding dependent Claim 7, Lee is silent to aerosol generation device wherein the controller is configured to: determine a second temperature of the power source after the aerosolisation session; and when the second temperature meets a predetermined temperature requirement, recalculate the normalised change in power source voltage per unit time and the normalised voltage offset based upon the second temperature.
Robert teaches a temperature sensor configured to determine a second temperature of the power source after the aerosolisation session (¶’s[13, 87] disclose a thermistor or other dedicated temperature sensor may be used to obtain a measure of the {second} temperature of the battery; ¶[14] disclose that the steps of measuring and adjusting are carried out periodically while ¶’s[16-23] identify the measured characteristic as battery temperature reading and list out the various temperature range associated with the corresponding duty cycle value). The temperature measurements are taken periodically at various duty cycle values which the examiner is interpreting as determining a second temperature of the power source after the aerosolisation session under BRI.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with Robert, to implement a temperature sensor so as to monitor the temperature periodically in order to minimize the time taken for the device to deliver a first puff ¶[3].
Lee as modified is silent to the second temperature meeting a predetermined temperature requirement.
Ichikawa teaches the second temperature meeting a predetermined temperature requirement (Fig. 5; ¶’s[105 - 110] disclose of a predetermined temperature range
Lee and Ichikawa both teach determining battery condition and using that determination to control further operation, and are thus analogous.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with Ichikawa, so as to incorporate a predetermined temperature requirement before recalculating the normalised change in voltage per unit time, so as to suppress the performance deterioration of the battery cells ¶[97].
Lee as modified is silent to the controller configured to recalculate the normalised change in power source voltage per unit time and the normalised voltage offset based upon the second temperature.
Shoa teaches normalising change in power source voltage per unit time and the normalised voltage offset based upon the second temperature (Fig. 2; ¶[43, 62, 66] disclose of applying further normalization factors {such as normalization with respect to temperature} to the voltages measured and the calculated parameters {being interpreted as voltage per unit time and voltage offset} in order to compensate for different temperatures of the batteries. Compensation may be achieved by further adjustment of the normalized parameters and/or by varying one or more of the thresholds as a function of temperature; ¶[66] discloses that the normalization with respect to temperature is empirical and based on preprocessed data with different batteries having different operating temperatures). This supports repeating the temperature compensation operation using an updated temperature and is, thus, being interpreted as normalising change in voltage per unit time and the normalised voltage offset based upon the second temperature.
Lee and Shoa both teach battery discharging systems capable of battery life or state of health (SOH) estimation, and are thus analogous.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with Shoa to implement normalization of rate of change of measured voltage with respect to a second temperature. The reason for performing the modification would have been to account for temperature related changes in battery voltage response when evaluating whether the battery can support further operation, thereby reducing temperature induced error in that assessment and determining the battery condition more accurately.
Regarding dependent Claim 8, Lee is silent to aerosol generation device, wherein the predetermined temperature requirement comprises the second temperature being less than a threshold temperature, and/or a temperature change between the first temperature and a second temperature exceeding a threshold temperature change.
Ichikawa teaches the predetermined temperature requirement comprising the second temperature being less than a threshold temperature (Fig. 5; ¶’s[105 – 110, esp. 109] disclose of a predetermined temperature range where the battery temperature Tb {or second temperature} is lower than lower limit value Tb1 of the temperature range {or the threshold temperature})
and/or a temperature change between the first temperature and a second temperature exceeding a threshold temperature change (¶’s[134 – 136] disclose that battery temperature Tb {or second temperature} has risen from a temperature at the start of the external charging {interpreted as first temperature} by a rise temperature ∆Tb equal to or higher than a predetermined reference rise temperature ∆Tbstd {being interpreted as exceeding threshold temperature range} that is set in advance).
Lee and Ichikawa both teach determining battery condition and using that determination to control further operation, and are thus analogous.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with Ichikawa, to incorporate a predetermined temperature requirement which comprises the second temperature being less than a threshold temperature. The reason for performing the modification would have been to preset the temperature to the battery temperature that can prevent the abnormal heating of power storage units which may be caused by rapid rising of the battery temperature ¶[134].
Regarding dependent Claim 9, Lee is silent to the controller being configured to determine the power source of not being capable of powering a subsequent aerosolisation session when the recalculated normalised change in voltage per unit time is less than a first threshold and the normalised voltage offset is less than a second threshold.
Robert teaches determining the power source of not being capable of powering a subsequent aerosolisation session when a change in measured voltage per unit time is less than a first threshold (¶115-117, esp, 117] disclose of the processor determining if the rate of change of battery voltage {measured voltage per unit time} is lower than a {first} threshold, the duty cycle is reduced by a predetermined amount and the device may be deactivated {being interpreted as power source of not being capable of powering a subsequent aerosolisation session});
and the voltage offset is less than a second threshold (¶[117-118] disclose an output battery voltage starting at 3.4V {being interpreted as the voltage offset}, with a rate of 0.5 V/s voltage drop rate, reaching below a 2.5V minimum operating voltage {or a second threshold} won’t have enough time to heat up the heater significantly {which is equivalent to the power source of not being capable of powering a subsequent aerosolisation session}. The minimum operating voltage mentioned in ¶[118] is being interpreted as the voltage offset under BRI).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with Robert, to incorporate such a system that determines whether the power source is capable of powering a subsequent aerosolisation session. The reason for performing the modification would have been to prevent the voltage at the power source dropping below a minimum operational voltage ¶[118], thereby ending the session abruptly.
Lee as modified is silent to the normalised voltage rate and voltage offset measurements.
Shoa teaches normalising the change in measured voltage per unit time and voltage offset (Fig. 2; ¶[43, 62, 66] disclose of applying normalization factors {such as normalization with respect to temperature mentioned in ¶[66]} to the voltages measured and the calculated parameters {being interpreted as voltage per unit time and voltage offset} in order to compensate for different temperatures of the batteries. Compensation may be achieved by further adjustment of the normalized parameters and/or by varying one or more of the thresholds as a function of temperature)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with Shoa to implement normalization of rate of change of measured voltage with respect to a nominal temperature. The reason for performing the modification would have been to reduce temperature induced error in battery assessment and determining the battery condition more accurately by accounting for temperature related changes in battery voltage response when evaluating if the battery can support further operation.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (U.S. 20210227891) in view of in view of Hussain (U.S. 20120277832), further in view of Zitzke et al. (U.S. 20160213066).
Regarding independent Claim 10, Lee teaches an aerosolisation session comprising a preheating phase in which the heater is heated to a predetermined aerosolisation temperature (¶s[80,109] disclose of a predetermined time elapsed since the heater 630 began to be pre-heated or reached a predetermined temperature by pre-heating);
wherein the controller (Fig. 1 – controller 12; Fig. 6 – controller 610) is configured to:
determine a minimum voltage measurement of the power source in the preheating phase (¶[109] disclose of the sensor 650 sensing a minimum output voltage of the battery during a predetermined time period after a pre-heating of the heater 630 begins and transmit the minimum output voltage to the controller 610);
Lee teaches of a comparison between a determined voltage and the minimum voltage measurement in the preheating phase (¶110] discloses of calculating a second voltage drop VDn′ of the battery by subtracting the minimum output voltage Vcn′ of the battery 640 from the initial output voltage Va1 {being interpreted as the determined voltage}).
Lee is silent to determine a voltage of the power source at an endpoint of the aerosolisation session based upon the linear relationship.
Hussain teaches determining a voltage of the power source based upon a linear relationship (Fig. 8 – straight line segments 804[a-f]; abstract, ¶s[41, 46, and 49-54, esp 52] disclose direct voltage measurements being used to provide a linear extrapolation to battery depletion. Multiple voltage measurements are taken to produce a linear fit approximations, represented by straight line segments as a function of time.)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with Hussain, to implement a linear relationship so as to predict the time required for the battery's terminal voltage to reach a given depleted value more accurately, thus, increasing the accuracy of battery life estimation ¶[54].
Lee as modified is silent to determining a voltage of the power source at an endpoint of the aerosolisation session.
Zitzke teaches of an aerosol generation device (Fig. 1 – electronic smoking device 1, abstract) where a voltage of the power source is determined at an endpoint of the aerosolisation session (¶[44] discloses of deriving a representative value of the battery voltage at the end of the puff (called “puff n”))
and determine whether the power source is capable of powering a subsequent aerosolisation session based upon the determined voltage at the endpoint of the aerosolisation session (¶[45] discloses that the derived representative value of the battery voltage during puff n is applied in the next puff (i.e. in puff n+1) as the value for the battery voltage (being interpreted as the determined voltage at the endpoint of the aerosolisation session}. This value is taken as the battery voltage during puff n+1 for the purposes of determining the pulse widths (duty cycle) to keep the electric power delivered to the heater 22 during puff n+1 at the pre-determined constant level).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with Zitzke, so as to compare between a determined voltage at the endpoint of the aerosolisation session and the minimum voltage measurement in the preheating phase in order to determine whether the power source is capable of powering a subsequent aerosolisation session, so as to provide an electronic smoking device, in which the heater can be operated in a simple, reliable and reproduceable manner, largely independent of changes of the battery voltage ¶[7], thus, ensuring a good and reliable smoking session.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (U.S. 20210227891) in view of Krieger et al. (U.S. 20060001401).
Regarding dependent Claim 12, Lee is silent to the predetermined requirement comprising charging the power source for a predetermined amount of time.
Krieger teaches a predetermined requirement of charging the power source for a predetermined amount of time (¶[17, 29] disclose of determining an amount of time the battery has been charging and stopping the charging process when the battery has been charging for more than a predetermined time).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Lee with Krieger, so as to charge the power source for a predetermined amount of time so as to bring the power source back to its full charge ¶[5], ready to use for another aerosolization session.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Chen et al. (U.S. 20230048555) discloses of aerosol device including a power source and control circuitry. The control circuitry is configured to cause the power source to supply electrical current in accordance with a set duty cycle to an aerosol generator so as to maintain a substantially constant average power, wherein the duty cycle is set dependent on the temperature of the aerosol generator; and wherein the control circuitry is configured to determine a voltage supplied by the power source (abstract).
Yamada et al. (U.S. 20200245691) discloses of an inhalation component generation device comprising a load that vaporizes an inhalation component source by electric power from an electric power source; a controller that obtains a remaining amount of the electric power source. The controller causes a user interface to perform a second notification when the value representing the remaining amount of the electric power source is less than a first threshold value and equal to or greater than a second threshold value that is less than the first threshold value, and cause the user interface to perform a third notification when the value representing the remaining amount of the electric power source is less than the second threshold value (abstract).
Holzherr et al. (U.S. 20150181942) discloses of an electrically heated smoking device comprising an electrical heater powered by a battery. The electrical heater may be configured to heat an aerosol-forming substrate which can be charged by a portable charging unit, and may be made a shape and size similar to a conventional pack of cigarettes ¶[6].
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/TAWHID M PRANTO/Examiner, Art Unit 2859
/JULIAN D HUFFMAN/Supervisory Patent Examiner, Art Unit 2859
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