DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Status of the Claims
Claims 1-8 are pending.
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.
Claims 1-3, 5-6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 2020/0093185 A1) in view of Fishwick et al. (US 2021/0153562 A1).
Regarding claim 1, Lim discloses an aerosol-generating device (“aerosol generating device”, Fig. 5, ¶ 0070) comprising:
a housing (combination of “case 1001” and “cover 1002”, Fig. 5, ¶ 0071) having an insertion space (“accommodation passage 1004h”, Figs. 5 and 8, ¶ 0078);
a heater (“heater 1030”, Fig. 8, ¶ 0083) configured to heat a stick inserted into the insertion space (“when the cigarette 3 is accommodated in the accommodation passage 1004h, the end of the heater 1030 may be inserted into the cigarette 3”, ¶ 0083); and
at least one sensor (“sensor 800”, Fig. 8, ¶ 0100) configured to output a signal corresponding to the insertion space (“The cigarette insertion detecting sensor 800 according to an exemplary embodiment may include at least one of a film sensor”, ¶ 0103, and “the film sensor may detect an aerosol generating material contained in the cigarette 3 or a material which the surface of the cigarette 3 is coated with, and transmit, to a controller, a signal indicating that the cigarette 3 is inserted into the accommodation passage 1004h”, ¶ 0104).
However, Lim does not explicitly disclose power and signal circuits electrically connected to the heater and the at least one sensor, respectively, wherein the power circuit comprises a low-pass filter. Instead, Lim discloses a generic “controller” (“controller 12000 may generally control operations of the aerosol generating device” ¶ 0039) which communicates with the heater (“the controller may set the heater 1030”, ¶ 0111) and the sensor (“the cigarette insertion detecting sensor may transmit an insertion detecting signal to a controller”, ¶ 0088).
Fishwick, in the same field of endeavor, discloses pairing a controller (“controller 128”, Fig. 2, ¶ 0072) with a power circuit (“heater control circuitry 130”, Fig. 2, ¶ 0073) connected to a heater (“heater 166”, Fig. 2, ¶ 0073) to supply power to the heater (“activate the heater control circuitry 130 of the vaporizer body 110 to accordingly control the heater 166 of the cartridge 150. In this way, the amount of current supplied to the heater 166 may be varied”, ¶ 0077); and a signal circuit connected to a detection sensor (“Cartridge Detection Circuitry 148”, Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted the known components of a power circuit and a signal circuit paired with a controller, as taught by Fishwick, for the generic controller of Lim, and the results of the substitution would have been predictable at controlling the aerosol-generating device (see MPEP § 2143(I)(B)). In the resulting configuration, the power circuit is electrically connected to the heater to supply power to the heater, and the signal circuit is electrically connected to the at least one sensor to output a signal corresponding to the at least one sensor (“transmit an insertion detecting signal to a controller of the aerosol generating device”, ¶ 0088 of Lim).
Fishwick further discloses that the power circuit comprises a low-pass filter (“the heater control circuitry 130 may include a suppressor 2692” and “the suppressor 2692 be coupled with the reservoir capacitor 2694 to act as a low-pass filter”, ¶ 0355). Fishwick discloses a benefit to including a low-pass filter in the power circuit as it “rejects any high frequency noise present in the electrical signal from the power supply” (¶ 0355). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to use a low-pass filter in the power circuit of the combination, in order to obtain this benefit.
Regarding claim 2, Lim in view of Fishwick discloses the aerosol-generating device of claim 1, as discussed above. Fishwick further discloses wherein the low-pass filter has a cutoff frequency higher than a frequency of a current flowing through the heater (“For example, the suppressor 2692 may exhibit a low resistance when subject to a low frequency electrical signal from the power supply 2610 and/or a high resistance when subject to a high frequency electrical signal from the power supply 2610” and “rejects any high frequency noise present in the electrical signal from the power supply 2610”, ¶ 0355).
Regarding claim 3, Lim in view of Fishwick discloses the aerosol-generating device of claim 1, as discussed above. Fishwick further discloses wherein the power circuit and the signal circuit are disposed adjacent to each other and are not electrically connected to each other (see Fig. 2).
Regarding claim 5, Lim in view of Fishwick discloses the aerosol-generating device of claim 1, as discussed above. Lim further discloses a battery (“battery 11000 may supply power to be used for the aerosol generating device”, ¶ 0038 of Lim) which, in the device of the combination, will be electrically connected to the power circuit (“the heater control circuitry 130 may be coupled with the battery”, ¶ 0330 of Fishwick); and
at least one processor (“controller 12000 may generally control operations of the aerosol generating device”, ¶ 0039 of Lim) which , in the device of the combination, will be electrically connected to the signal circuit (“transmit an insertion detecting signal to a controller of the aerosol generating device”, ¶ 0088 of Lim),
wherein the housing comprises:
an upper body (“cover 1002”, Fig. 8, ¶ 0071) accommodating the heater and the at least one sensor (see Fig. 8); and
a lower body (“the case 1001”, Fig. 8, ¶ 0071).
Lim does not explicitly disclose that the battery and the at least one processor are accommodated within the lower body. However, placing the battery and the at least one processor within the lower housing, if they were not there already, amounts to a rearrangement of the parts of Lim and, therefore, would have been obvious to one having ordinary skill in the art at the time the Application was filed (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975); MPEP § 2144.04(VI)(C)).
Regarding claim 6, Lim in view of Fishwick discloses the aerosol-generating device of claim 5, as discussed above. Lim further discloses wherein the lower body comprise a mount (top surface of the lower body in Fig. 8) disposed on a side of the lower body (top side) to support the upper body (see Fig. 8).
However, Lim does not explicitly disclose wherein the mount has a through hole.
Fishwick further discloses a through-hole (one of the holes through which “power pins (or contacts) 122a,b” extend in Fig. 2, ¶ 0068). One of ordinary skill in the art would have understood that there was a benefit to using a through-hole (if it is not already present in the mount of Lim) in that it allows for circuitry to connect to components in different sections of the device internally, without requiring external circuitry that would be exposed to potential damage. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form a through-hole, as taught by Fishwick, in the mount of Lim, in order to obtain this benefit. With regards to the placement of the power circuit and the signal circuit, placing the power circuit and the signal circuit to pass through the through-hole amounts to a rearrangement of parts and , therefore, would have been obvious to one having ordinary skill in the art at the time the Application was filed (In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975); MPEP § 2144.04(VI)(C)).
Regarding claim 8, Lim in view of Fishwick discloses the aerosol-generating device of claim 5, as discussed above. Lim further discloses at least one processor which, in the device of the combination, will be electrically connected to the signal circuit (“the cigarette insertion detecting sensor may transmit an insertion detecting signal to a controller”, ¶ 0088),
wherein the at least one processor is configured to:
determine whether the stick is inserted into the insertion space, in response to the signal corresponding to the at least one sensor output by the signal circuit in the device of the combination (“a controller configured to receive, from the temperature detecting sensor, a signal of detecting the temperature change of the heater and determine, based on the received signal, whether the cigarette is accommodated in the accommodation passage”, ¶ 0022); and
perform control such that the power is supplied to the heater by the power circuit in the device of the combination in response to determining that the stick is inserted into the insertion space (“When the controller receives, from the cigarette insertion detecting sensor 800, the cigarette insertion detecting signal indicating that the cigarette 3 is inserted, the controller may set the heater 1030 in a pre-heating mode to heat an aerosol generating material of the cigarette 3”, ¶ 0111).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 2020/0093185 A1) in view of Fishwick et al. (US 2021/0153562 A1) as applied to claim 3 above, and further in view of Adair et al. (US 2023/0301347 A1).
Regarding claim 4, Lim in view of Fishwick discloses the aerosol-generating device of claim 1, as discussed above. Fishwick further discloses wherein the power circuit and the signal circuit are part of a printed circuit board (“This design combines a printed circuit board assembly (PCBA)”, ¶ 0117) and are disposed adjacent to each other (see Fig. 2). However, Fishwick does not disclose that the power circuit has a first flexible printed circuit board and the signal circuit has a second flexible printed circuit board.
Adair, in the same field of endeavor, disclose that components may utilize multiple flexible printed circuit boards (“Several flexible circuit boards”, ¶ 0048). Adair also discloses a benefit to using multiple flexible printed circuit boards as it allows for components to be easily interchanged should the device by damaged (“Several flexible circuit boards are therefore advantageous because if the electronic smoking device is damaged or defective, the flexible circuit boards are easily interchangeable”, ¶ 0048). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the power circuit of Fishwick to comprise a first flexible printed circuit board (which in the device of the combination is connected to the heater) and to modify the signal circuit to comprise a second flexible printed circuit board (which in the device of the combination is connected to the at least one sensor), as taught by Adair, in order to obtain this benefit. In the resulting configuration, as Fishwick discloses that the power circuit and the signal circuit are disposed adjacent to each other, the corresponding first and second flexible printed circuit boards will be disposed adjacent to each other.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 2020/0093185 A1) in view of Fishwick et al. (US 2021/0153562 A1) as applied to claim 1 above, and further in view of Sato et al. (US 2016/0301366 A1).
Regarding claim 7, Lim in view of Fishwick discloses the aerosol-generating device of claim 1, as discussed above. Lim further discloses a battery (“battery 11000 may supply power to be used for the aerosol generating device”, ¶ 0038 of Lim) which, in the device of the combination, will be electrically connected to the power circuit (“the heater control circuitry 130 may be coupled with the battery”, ¶ 0330 of Fishwick). However, Fishwick does not disclose that the low-pass filter comprises at least one inductor electrically coupled between the battery and the heater and at least one capacitor electrically coupled between the heater and a ground terminal.
The stated problem faced by the Applicant is being able to “prevent a noise component from being generated in a signal circuit due to the supply of power through a power circuit” (¶ 0007 of Applicant’s Specification). Sato discloses a “noise removing circuit 540 (first noise removing circuit)” that “generates a voltage VFIL (second voltage) by removing noise from the voltage VREG (first voltage) supplied from the power supply circuit” (¶ 0050). As such Sato is reasonably pertinent to the problem faced by Applicant (see MPEP § 2141.01(a)(I)), as well as the problem faced by Fishwick (¶ 0355 of Fishwick).
Sato discloses using a noise removing circuit having a low-pass filter comprising an inductor and a capacitor (“a noise removing circuit 540A includes an inductor 600 and a capacitor 601” and “the inductor 600 and the capacitor 601 form a low pass filter (LPF)”, Fig. 6A, ¶ 0052) wherein the inductor is electrically connected between the power source (“The voltage VREG is supplied to a first terminal of the inductor 600”, Fig. 6A, ¶ 0052) and a power destination (“the noise removing circuit 540A outputs a power supply voltage VFIL”, which is output from the other side of the inductor as seen in Fig. 6A, ¶ 0052); and the capacitor is electrically coupled between the power destination (“A first terminal of the capacitor 601 is connected to the second terminal of the inductor 600”, which is the power destination side as seen in Fig. 6A, ¶ 0052) and a ground terminal (“a second terminal of the capacitor 601 is connected to ground”, Fig. 6A, ¶ 0052). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted the low-pass filter comprising an inductor and a capacitor, as taught by Sato, for the components of the low-pass filter of Fishwick, and the results of the substitution would have been predictable at removing noise (see MPEP § 2143(I)(B)). In the resulting configuration, the inductor is electrically coupled between the battery (which is the power source) and the heater (which is the power destination); and the capacitor is electrically coupled between the heater (which is the power destination) and a ground terminal.
Conclusion
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/COURTNEY G CULBERT/Examiner, Art Unit 1747
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