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 Objections
Claim 15 is objected to because of the following informalities: Please change “termination of preceding heating” to “termination of a preceding heating”, or an appropriate equivalent. Appropriate correction is required.
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.
Claim(s) 1-9 and 12-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by AMPOLINI et al. (US 2014/0270727).
With respect to claims 1, 16 and 17¸ AMPOLINI et al. discloses an electronic smoking device (Abstract; Paragraph [0002]), and control method (Title; Paragraph [0063], [0076]-[0080]) comprising a power supply for supplying electric power (Paragraphs [0028], [0029]; Figure 2); a heater configured to heat an aerosol precursor (e.g., substrate including an aerosol source) by using the electric power supplied from the power supply (Paragraphs [0063]-[0065]); a controller/processor that determines the amount of power supplied to the heater (Paragraphs [0073], [0077], [0116], [0133]) using a sense arrangement (e.g., sensor) (Paragraph [0071]); an electrical load (e.g., passing through 380, 400 and 575 (Paragraphs [0069]-[0073]; Figure 2 ). The device further comprises circuitry (Paragraphs [0079]; Figure 1) configured to control, based on a heating setting defining time-based segments (e.g., time-series transition of a target temperature) for transitioning of a temperature of the heater to a target temperature so that the temperature of the heater changes in accordance with the target temperature and up to a predetermined target setting (Paragraphs [0106]-[0114]; Figure 9).
AMPOLINI et al. discloses that the power levels for each segment is adjusted and controlled. The temperature of the heater corresponds to the power levels (Paragraphs [0067], [0069] and [0093]). Thus, the temperature is controlled according to the control of the power levels. The highest temperature reached (Figure 9) represent the target vale for the generation of aerosol.
The temperature is raised from an initial temperature at the start of heating and incrementally increases the temperature over rise periods (Figure 9).
AMPOLINI et al. further discloses performing, in accordance with the start of supplying of power, a correction process of correcting the measured value (Paragraphs [0007], [0064], [0068], [0069], [0073], [0074], [0077]; Figure 4).
AMPOLINI et al. further discloses that the controller is configured to control each duration (e.g., length of temperature rise period) which may be the same duration or different (Paragraphs [0037], [0068], [0106]-[0113]). Given a starting temperature of an unused device, the initial temperature is room temperature and the duration of the starting heating transition, is based on this initial temperature (Paragraph [0113]).
With respect to claim 2, AMPOLINI et al. discloses that the temperature rise period includes a first period having a length that is variable (Paragraph [0114]) and the second duration includes fixed durations (Paragraphs [0113], [0114] and [0106]).
With respect to claims 3 and 4, AMPOLINI et al. discloses that the user may program the durations of each transition (Paragraphs [0106]-[0114]). Thus, the controller is configured to shorten the first period as the initial temperature increases and lengthen the first period as the initial temperature decreases, merely by having the user program the duration based on the ambient initial startup temperature of the heater.
With respect to claim 5, AMPOLINI et al. discloses that the power levels for each segment is adjusted and controlled. The temperature of the heater corresponds to the power levels (Paragraphs [0067], [0069] and [0093]). Thus, the temperature is controlled according to the control of the power levels. The highest temperature reached (Figure 9) represent the target vale for the generation of aerosol.
The temperature is raised from an initial temperature at the start of heating and incrementally increases the temperature over rise periods (Figure 9).
Thus, the controller is configured to switch to the second period in response to reaching the target predetermined temperature of the first period, and whose length is determined by programming (Paragraphs [0106]-[0114]).
With respect to claims 6 and 7¸ AMPOLINI et al. discloses that the power on-off determinations are continuously made in order to make a determination of the heating time period expires or ceases (Paragraph [0103]). The controller can automatically compensate for battery decay and adjust the heating time period to achieve a desired power delivery. Thus, the controller is capable of extending the first time period in response to the desired temperature, even as the power source depletes.
With respect to claim 8, AMPOLINI et al. discloses that the controller is configured to terminate power to the heater (Paragraph [0130]) after the first period if the controller detects faults in the battery, such as no power flowing to the heater (Paragraphs [0074-[0075]). By having no power to the heater, the temperature necessarily doesn’t reach the predetermined temperature.
With respect to claim 9, AMPOLINI et al. discloses that the controller continuously monitors the heating element and its power level. Upon detection of slight variations, the controller adjust the power for the time period (Paragraph [0074]). Once the set temperature is reached for each time period, the subsequent time period begins (Paragraphs [0108]-[0114]). Thus, the controller is capable of determining if the heater reached the desired temperature earlier than expected due to slight variations of the heating rate, and then begin the next phase of the heating profile earlier than expected.
With respect to claim 12¸ AMPOLINI et al. The device further comprises circuitry (Paragraphs [0079]; Figure 1) configured to control, based on a heating setting defining time-based segments (e.g., time-series transition of a target temperature) for transitioning of a temperature of the heater to a target temperature so that the temperature of the heater changes in accordance with the target temperature and up to a predetermined target setting (Paragraphs [0106]-[0114]; Figure 9).
AMPOLINI et al. discloses that the power levels for each segment is adjusted and controlled. The temperature of the heater corresponds to the power levels (Paragraphs [0067], [0069] and [0093]). Thus, the temperature is controlled according to the control of the power levels. The highest temperature reached (Figure 9) represent the target vale for the generation of aerosol.
As seen in the 4-segment puff profile, there is an initial temperature rise duration, and then a final temperature rise duration (e.g., holding temperature).
With respect to claim 13, AMPOLINI et al. discloses that the temperature rise period is from the start of heating by an activation signal, before a puff (Paragraphs [0067], [0088], [0090]).
With respect to claim 14, AMPOLINI et al. discloses that the controller continuously monitors the heating element and its power level. Upon detection of slight variations, the controller adjust the power for the time period (Paragraph [0074]). Once the set temperature is reached for each time period, the subsequent time period begins (Paragraphs [0108]-[0114]). Thus, the controller is capable of determining if the heater reached the desired temperature earlier than expected due to slight variations of the heating rate, and then begin the next phase of the heating profile earlier than expected.
With respect to claim 15¸ AMPOLINI et al. discloses that in the event of a less than full power down time has elapsed, the inhaler is capable of an immediate restart (Paragraph [0130]) and in the event of a power down by not puffing for a duration (Paragraph [0130]), and even changing the cartridge, initiate a longer duration for the first time segment (Paragraphs [0108-[0114]). Thus, the controller is capable of determining the duration between subsequent puffs, and based on the duration, adjust the length of the first duration.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
____________________________________________________
Claim(s) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over AMPOLINI et al. (US 2014/0270727) in view of MONSEES et al. (US 2014/0366898).
With respect to claim 10, AMPOLINI et al. discloses that the inhaler can comprise one or more reservoirs (Paragraphs [0044], [0052]), but does explicitly disclose a plurality of heaters.
MONSEES et al. discloses an electric vaporization device (Abstract) having a first heating element, a first compartment for containment of a first vaporizable material, and a second compartment for containment of a second vaporizable material, and then generates an aerosol for inhalation by heating the two vaporizable materials (Abstract; Paragraphs [0002]-[0005]). The device comprises circuitry that controls the activation of each heater element, and thus control the timing, delivery, contents and amount of the aerosol delivered to the user (Paragraphs [0084], [0106], [0092]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide a plurality of series-aligned cartridges, each having a respective heater, in the device of AMPOLINI et al., as taught by MONSEES et al. so that the controller can individually control the heater to provide the user with the desired amounts of each vapor in each puff.
It is further noted that the cartridges and their respective vaporizable material have different properties and require different heating temperatures (Paragraphs [0034], [0063]-[0070]), including different heating durations, and heating frequency (Paragraph [0070]. Thus, when the teachings of MONSEES et al. are considered with AMPOLINI et al., the scope of the teachings include a heating setting defining time-based segments (e.g., time-series transition of a target temperature) for transitioning of a temperature of the heater to a target temperature so that the temperature of the heater changes in accordance with the target temperature and up to a predetermined target setting (AMPOLINI et al.; Paragraphs [0106]-[0114]; Figure 9). And as noted in AMPOLINI et al. (Paragraphs [0066]-0068]), the temperature that is reached is set to the volatilization point of the specific aerosol generating material. Thus, each heater would have its own temperature profile (Figure 9 of AMPOLINI et al.) and given that each provide is capable of being automatically adjusted to account for fluctuations in the heating (Paragraphs [0074] and [0103] of AMPOLINI et al.) the scope of the combined teachings also include different first and subsequent heating segment durations.
With respect to claim 11, MONSEES et al. discloses that the first and second cartridges are series aligned (Paragraph [0021]; Figures 1 and 2). AMPOLINI et al. discloses that the user may program the durations of each transition (Paragraphs [0106]-[0114]). Thus, the controller is capable of making the first period in the temperature setting for the heater disposed on an upstream side longer than the first period in the temperature setting for the heater on a downstream side. Either by appropriate programming, or by placing the cartridge requiring a longer first period as the upstream cartridge. In addition, it would have been obvious to do so, so that the aerosol requiring a greater time to reach its volatilization temperature can do so. This would ensure that the puff the user experiences would have the appropriate mix of vapors. It is also noted that there are only three possible permutations for the relative first durations between the two cartridges; the first being the upstream first duration is longer, the second being the downstream first duration is longer and the last being each cartridge has the same duration. Thus, with a limited number of available options to choose from, it would have been obvious to try having the first duration of the upstream portion longer than that of the downstream portion. MPEP 2143, E.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX B EFTA whose telephone number is (313)446-6548. The examiner can normally be reached 8AM-5PM EST M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Tucker can be reached at 571-272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ALEX B EFTA/Primary Examiner, Art Unit 1745
Prosecution Insights