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 .
Status of the Claims
Claims 1-14 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claim 5 is objected to because of the following informalities:
Line 3: “of an aerosol is” should read “of an aerosol source is”
Appropriate correction is required.
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 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.
Claims 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Yamada (US 20200260793 A1) and further in view of Nakano (US 20190387806 A1).
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With regard to Claim 1, Yamada, directed to an aerosol generating apparatus, teaches (i) a first member (Fig. 1B: #102) comprising a control unit (Fig. 1B: #106, [0116]), wherein the control unit controls the supply of electric power from the power supply to a load to generate aerosol [0051 & 0068]. (ii) The control unit (Fig. 1B: #106) measures an inhalation interval from the end time of the previous inhalation to the start time of the present inhalation [0121]. When the measured inhalation interval is shorter or longer than a predetermined threshold, the controller may then determine inhalation [0239]. Yamada teaches all the limitations of the claims as set forth above, however Yamada is silent to:
When a residual amount of the aerosol source is smaller than a first residual amount
Nakano, directed to a smoking system, teaches determining whether a remaining capacity of the aerosol generating article is below a predetermined threshold based on an accumulated length of time [0095]. One of ordinary skill in the art would have been motivated to apply the low residual determination of Nakano to Yamada to automatically change a mode of the device to improve power and heater efficiency [0007].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of Yamada to wherein a residual amount of the aerosol source is smaller than a first residual amount because both Yamada and Nakano are directed to power control in aerosol generating devices. Nakano teaches determining a remaining capacity of an article is below a threshold to automatically change a mode of the device to improve power and heater efficiency [0007] and this merely involves applying a known threshold logic to a known device ready for improvement to yield predictable results.
With regard to Claim 2, Yamada teaches wherein the control unit may be configured to correct a length of an interval based on a residual quantity of the aerosol source [0055]. Yamada further includes a retention unit contact quantity calculator configured to calculate, based on current and voltage values, a quantity representing how much the retention unit contacts an aerosol source stored in a storage, wherein the quantity of aerosol source supplied from the storage to the retention unit varies according to the calculated quantity [0263]. It would have been obvious for one of ordinary skill in the art to similarly calculate the residual quantity of the aerosol source for use in the interval control, as Yamada already teaches calculating an aerosol source related quantity for characterizing the aerosol source supplied.
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With regard to Claim 3, Yamada teaches an element (Fig. 1B: #112) that may include a weight sensor that detects a weight of a component and wherein the element may also be configured to detect a height of a liquid surface in the storage (Fig. 1B: #116, [0123]), wherein the storage (Fig. 1B: #116) contains the aerosol source [0117]. Yamada further teaches correcting a length of an interval based on a residual quantity of the aerosol source [0055, 0245]. It would have been obvious to use the residual amount information obtained from the element (Fig. 1B: #112) for controlling the interval length.
With regard to Claim 4, Yamada teaches wherein (i) the control unit counts occurrences of unexpected inhalation using a counter [0237]. An inhalation may be determined to be unexpected when the measured inhalation interval is shorter than a predetermined threshold [0239] and the control unit determines whether the value of the counter exceeds a predetermined threshold [0241-0243]. (ii) Yamada further teaches incrementing the counter as additional unexpected inhalations are detected [0241]. When the counter exceeds the predetermined threshold, the control unit may make the interval from completion of aerosol generation to the start of subsequent aerosol generation longer than the previous interval [0242-0245], thus suggesting stepwise lengthening of the interval as the count increases.
With regard to Claim 5, Yamada teaches wherein the control unit may make the interval from completion of the generation of an aerosol to the start of subsequent generation of an aerosol longer than the previous interval [0245] and further teaches correction the length of the interval based on the residual quantity of aerosol source [0245]. Modified Yamada teaches all the limitations of the claims as set forth above, however modified Yamada is silent to:
When the residual amount of an aerosol is smaller than the first residual amount
Nakano teaches determining whether the remaining capacity of an aerosol generating article is below a predetermined threshold [0095]. One of ordinary skill in the art would have been motivated to combine the residual determination of Nakano with the interval method of Yamada to provide control that is automatic and not based on user manipulation [0095].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of Yamada to wherein the residual amount of the aerosol source is smaller than the first residual amount because both Yamada and Nakano are directed to power control in aerosol generating devices. Nakano teaches determining a remaining capacity of an article is below a threshold to automatically change a mode of the device to provide control that is automatic and not based on user manipulation [0095] and this merely involves combining prior art elements according to known device control methods to yield predictable results.
With regard to Claim 6, modified Yamada teaches wherein the residual amount of an aerosol is smaller than the first residual amount. Yamada teaches wherein (i) a heater is controlled by the control unit to heat an aerosol source and atomize the aerosol source [0118]. The heater may also heat the aerosol source at a temperature that does not cause the generation of aerosol and a capillary effect or a temperature adjuster may work to easily obtain a heating effect when the heater does not alone [0248]. (ii) The control unit may correct the length of the interval based on a residual quantity to provide sufficient time for the aerosol source to be supplied from storage to a retention unit [0245]. It would have been obvious for one of ordinary skill in the art to control the interval to be shorter when Yamada's non-aerosol generating heating is performed because Yamada teaches that such heating increases the quantity and rate of aerosol source supply [0248], thereby reducing the time necessary to supply a sufficient quantity of the aerosol source to the retention unit.
With regard to Claim 7, Yamada teaches wherein (i) the control unit counts occurrences of unexpected inhalation using a counter [0237]. An inhalation may be determined to be unexpected when the measured inhalation interval is shorter than a predetermined threshold [0239] and the control unit determines whether the value of the counter exceeds a predetermined threshold [0241-0243]. (ii) Yamada further teaches incrementing the counter as additional unexpected inhalations are detected [0241]. When the counter exceeds the predetermined threshold, the control unit may make the interval from completion of aerosol generation to the start of subsequent aerosol generation longer than the previous interval [0242-0245], thus suggesting stepwise lengthening of the interval as the count increases.
With regard to Claim 8, Yamada teaches wherein the control unit may make the interval from completion of the generation of an aerosol to the start of subsequent generation of an aerosol longer than the previous interval [0245] and further teaches correction the length of the interval based on the residual quantity of aerosol source [0245]. Modified Yamada teaches all the limitations of the claims as set forth above, however modified Yamada is silent to:
When the residual amount of an aerosol is smaller than the first residual amount
Nakano teaches determining whether the remaining capacity of an aerosol generating article is below a predetermined threshold [0095]. One of ordinary skill in the art would have been motivated to combine the residual determination of Nakano with the interval method of Yamada to provide control that is automatic and not based on user manipulation [0095].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of Yamada to wherein the residual amount of the aerosol source is smaller than the first residual amount because both Yamada and Nakano are directed to power control in aerosol generating devices. Nakano teaches determining a remaining capacity of an article is below a threshold to automatically change a mode of the device to provide control that is automatic and not based on user manipulation [0095] and this merely involves combining prior art elements according to known device control methods to yield predictable results.
With regard to Claim 9, Yamada teaches wherein the control unit controls the temperature adjuster to heat the aerosol source at a temperature that does not cause aerosol generation [0245]. The control unit may use a load itself as the temperature adjuster [0245]. Modified Yamada teaches all the limitations of the claims as set forth above, however modified Yamada is silent to:
An amount of electrical power that is supplied to the load for aerosol generation so as to be a value smaller than an amount of electric power that is supplied to the load when only heating involving aerosol generation is performed
Nakano teaches a control part configured to control electric power to a load, wherein during a direct heating mode, electric power is supplied to the load for a smoking action [0070-0071]. After termination of the direct heating mode, heating by the load is continued while the quantity of electric power supplied to the load is gradually decreased from the quantity supplied during the direct heating mode [0071-0072] to clean the load and prevent adverse effects of the reliability and heating of the load [0071].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the load of modified Yamada to wherein an amount of electrical power that is supplied to the load for aerosol generation so as to be a value smaller than an amount of electric power that is supplied to the load when only heating involving aerosol generation is performed because both Yamada and Nakano are directed to loads controlling power in aerosol generating devices. Nakano teaches after termination of a direct heating mode, power supplied to a load decreases to clean the load and prevent adverse effects of the reliability and heating of the load [0071] and this merely involves applying a known power control technique to a known load of an aerosol generating device ready for improvement to yield predictable results.
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With regard to Claim 10, Yamada teaches wherein (i) the element (Fig. 1B: #112) may acquire a value related to the temperature of the load based on the acquired values such as a voltage and current values [0137]. (ii) The control unit determines whether a temperature of the load exceeds a predetermined temperature. When it is determined that the load temperature exceeds the threshold, the process proceeds to step 420 [0147], wherein step 420 detects insufficiency of the aerosol source and causes the operation to terminate, as shown in Figure 4.
With regard to Claim 13, Yamada, directed to an aerosol generating apparatus, teaches (i) an aerosol generating apparatus (Fig. B1: #100B) including a first member (Fig. 1B: #102) comprising a control unit (Fig. 1B: #106) and circuit (Fig. 1B: #134, [0116]), wherein the control unit controls the supply of electric power from the power supply to a load to generate aerosol [0051 & 0068]. (ii) The control unit (Fig. 1B: #106) measures an inhalation interval from the end time of the previous inhalation to the start time of the present inhalation [0121]. When the measured inhalation interval is shorter or longer than a predetermined threshold, the controller may then determine inhalation [0239]. Yamada teaches all the limitations of the claims as set forth above, however Yamada is silent to:
When a residual amount of the aerosol source is smaller than a first residual amount
Nakano, directed to a smoking system, teaches determining whether a remaining capacity of the aerosol generating article is below a predetermined threshold based on an accumulated length of time [0095]. One of ordinary skill in the art would have been motivated to apply the low residual determination of Nakano to Yamada to automatically change a mode of the device to improve power and heater efficiency [0007].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of Yamada to wherein a residual amount of the aerosol source is smaller than a first residual amount because both Yamada and Nakano are directed to power control in aerosol generating devices. Nakano teaches determining a remaining capacity of an article is below a threshold to automatically change a mode of the device to improve power and heater efficiency [0007] and this merely involves applying a known threshold logic to a known device ready for improvement to yield predictable results.
With regard to Claim 14, Yamada, directed to an aerosol generating apparatus, teaches (i) a control unit (Fig. 1B: #102) that may control the operation of an aerosol generating apparatus according to computer executable instructions stored in a memory (Fig. 1B: #114, [0124]). The control unit controls the supply of electric power from the power supply to a load to generate aerosol [0051 & 0068]. (ii) The control unit (Fig. 1B: #106) measures an inhalation interval from the end time of the previous inhalation to the start time of the present inhalation [0121]. When the measured inhalation interval is shorter or longer than a predetermined threshold, the controller may then determine inhalation [0239]. Yamada teaches all the limitations of the claims as set forth above, however Yamada is silent to:
When a residual amount of the aerosol source is smaller than a first residual amount
Nakano, directed to a smoking system, teaches determining whether a remaining capacity of the aerosol generating article is below a predetermined threshold based on an accumulated length of time [0095]. One of ordinary skill in the art would have been motivated to apply the low residual determination of Nakano to Yamada to automatically change a mode of the device to improve power and heater efficiency [0007].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of Yamada to wherein a residual amount of the aerosol source is smaller than a first residual amount because both Yamada and Nakano are directed to power control in aerosol generating devices. Nakano teaches determining a remaining capacity of an article is below a threshold to automatically change a mode of the device to improve power and heater efficiency [0007] and this merely involves applying a known threshold logic to a known device ready for improvement to yield predictable results.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Yamada (US 20200260793 A1) and Nakano (US 20190387806 A1 and hereinafter referred to as Nakano ‘806), as applied to claim 1 above, and further in view of Nakano (WO 2020039589 A1 hereinafter referring to English language equivalent US 20210169148 A1 and referred to as Nakano ‘148).
With regard to Claim 11, modified Yamada teaches all the limitations of the claim as set forth above, however modified Yamada is silent to:
A third sensor that detects a temperature of the aerosol source
Wherein at a time point when the temperature detected by the third sensor reaches a fourth temperature, the controller forcibly terminates heating by the load
Nakano '148, directed to a suction component generator, teaches (i) a temperature sensor that can acquire the temperature of an aerosol or flavor source [0088]. (ii) The temperature of the flavor source can be estimated or measured by the temperature sensor [0100] and a control unit determines whether the temperature of the flavor source is away from a target temperature, relating to the fourth temperature of the claimed invention, by more than a predetermined value [0101]. When a difference between the temperature of the flavor source and the target temperature is equal to or less than the predetermined value, it is not necessary to supply electric power to a temperature controller [0102], wherein the temperature controller is an electrical load [0014]. One of ordinary skill in the art would have found it obvious to modify Yamada with the temperature sensor and control technique of Nakano '148 to enable power saving of the suction component generator [0102].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the control unit of modified Yamada to comprise a third sensor that detects a temperature of the aerosol source and wherein at a time point when the temperature detected by the third sensor reaches a fourth temperature, the controller forcibly terminates heating by the load because both Yamada and Nakano '148 are directed to loads controlling power in aerosol generating devices. Nakano '148 teaches a temperature sensor for an aerosol or flavor source, wherein upon reaching a temperature, electric power is no longer supplied to a temperature controller to enable power saving of the suction component generator [0102] and this use of a known sensing technique to improve control units in the same way.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Yamada (US 20200260793 A1) and Nakano (US 20190387806 A1), as applied to claim 1 above, and further in view of Cho (US 20220039480 A1).
With regard to Claim 12, Yamada teaches wherein the control unit counts occurrences of unexpected inhalation using a counter [0237]. An inhalation may be determined to be unexpected when the measured inhalation interval is shorter than a predetermined threshold [0239] and the control unit determines whether the value of the counter exceeds a predetermined threshold [0241-0243]. Modified Yamada teaches all the limitations of the claims as set forth above, however modified Yamada is silent to:
Wherein the controller controls a first maximum voltage of a voltage that is supplied to the load for aerosol generation so as to be a value smaller than a second maximum voltage value of a voltage that is supplied to the load when the inter-aerosol-inhalation interval is longer than a threshold
Cho, directed to an aerosol generation device, teaches selecting different power profiles for the heater according to puff interval [0104-0105]. Cho further teaches that when the puff interval is shorter than a predetermined reference time, a controller selects a power profile that supplies lower power to the heater, whereas a longer puff interval results in selection of a power profile supplying higher power to the heater [0093]. For example, the device includes first and second power profiles, meeting the claim limitation of first and second maximum values, wherein the first power profile is 1 W at 0-3 seconds and the second profile is 2 W at 3-6 seconds [0104]. One of ordinary skill in the art would have been motivated to modify Yamada to control the voltage supplied to the load based on the inhalation interval to avoid excessive heater input when inhalations occur close together [0096].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of modified Yamada to control a first maximum voltage of a voltage that is supplied to the load for aerosol generation so as to be a value smaller than a second maximum voltage value of a voltage that is supplied to the load when the inter-aerosol-inhalation interval is longer than a threshold because both Yamada and Cho are directed to aerosol generating devices limiting heater usage. Cho teaches different power profiles, where a first profile is less than a second profile to avoid excessive heater input when inhalations occur close together [0096] and this merely involves applying a known controlled interval technique to a known aerosol generating device ready for improvement to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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