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 .
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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cho et al. (WO 2020/222450; cited on 3/27/2024 IDS).
Regarding claim 1, Cho discloses an aerosol generating device which includes: a main body including a controller and a battery; and a cartridge detachably coupled the main body, wherein the controller periodically detects whether the cartridge is coupled to the main body, (abstract), the aerosol generating device (5) (Fig. 1) comprising:
a cartridge (20) having a chamber (21) in which an aerosol generating substance (aerosol generating material) is stored), (¶[0033], ¶[0043]);
a body (10) to which the cartridge (20) is configured to be coupled (a portion of the cartridge 20 may be inserted into an accommodation space 19 of the main body 10 so that the cartridge 20 may be mounted on main body 10), (¶[0035]);
a liquid delivery portion connected to the chamber (the liquid storage 21 includes an element impregnated with (i.e., containing) an aerosol generating material, such as a sponge, a cotton, fabric, or porous ceramic structure), (¶[0043] - ¶[0044]);
a heater configured to heat the liquid delivery portion (a heater heating the liquid delivery element to generate aerosol), (¶[0044]);
at least one processor (16000) configured to control supply of power to the heater (in an embodiment, the heater 12000 receives power from the battery 11000 under the control of the controller 16000), (Fig. 4, ¶[0072]);
wherein the at least one processor is further configured to, based on coupling of the cartridge to the body or removal of the cartridge from the body, control the supply of power to the heater (the controller 16000 may periodically detect whether the cartridge is coupled to the main body while the aerosol generating device 1000 operates in the On mode. If the aerosol generating device continues to operate in the On mode while the cartridge is not coupled to the main body, unnecessary power may be consumed. Accordingly, the controller 16000 periodically detects whether the cartridge is coupled to the main body. If it is determined that the cartridge is coupled to the main body as a result of detection, the controller 16000 may perform the preheating operation by supplying power to the heater 12000 included in the cartridge. If it is determined that the cartridge has been separated from the main body, the controller may switch the operation mode of the aerosol generating device 10000) (¶[0091]),
control the supply of power to the heater, so as to cause a temperature of the heater to increase above a vaporization temperature of an aerosol generating substance in the liquid delivery portion (In an embodiment, the heating mode may be a mode in which the amount of power supplied to the heater 12000 is increased than (e.g., as compared to) the preheating mode so that the aerosol generating material is vaporized, (¶[0088]), which reasonably suggests to one having ordinary skill in the art that the temperature of the heater must be increased above the vaporization temperature of an aerosol generating substance (liquid) in the liquid delivery portion (liquid delivery element). This anticipates claim 1.
Regarding claim 2, Cho discloses the at least one processor is further configured to, based on coupling of the cartridge to the body or removal of the cartridge from the body, control the supply of power to the heater for a predetermined time, so as to cause a temperature of the heater to increase above a vaporization temperature of an aerosol generating substance in the liquid delivery portion (see above claim 1 rejection). Cho additionally discloses the controller 16000 may control the amount of power supplied to the heater 12000 and the time (anticipates predetermined time) at which the power is supplied, so that the heater 12000 is heated to a predetermined temperature or maintained at an appropriate temperature, (¶[0087]). This anticipates claim 2.
Regarding claim 3, Cho discloses the at least one processor is further configured to:
monitor the temperature of the heater (the at least one sensor 13000 may include a temperature sensor which may detect a temperature of the heater 12000, (¶[0080]); and
based on the temperature of the heater being greater than or equal to a reference temperature, cut off the supply of power to the heater (the controller 16000 may control the amount of power supplied to the heater 12000 and the time at which the power is supplied, so that the heater 12000 is heated to a predetermined temperature (anticipates a reference temperature) or maintained at an appropriate temperature, (¶[0087]). The term “the time at which the power is supplied” anticipates cutting off the supply of power to the heater as one having ordinary skill in the art is reasonably suggested a finite period of time during which the power is supplied to the heater, then the power supply to the heater is cut off. This anticipates claim 3.
Regarding claim 10, Cho discloses a method of operating an aerosol generating device comprising a heater, a cartridge having a chamber, a liquid delivery portion connected to the chamber, and a body to which the cartridge is configured to be coupled (the operation method of the aerosol generating device may include steps that are processed by the aerosol generating device (5) or the aerosol generating device (10000) illustrated in Figs. 1 to 4. Accordingly, the above descriptions may also be applied to the operation method of the aerosol generating device illustrated in Fig. 5. (¶[0098]- ¶[0099]), the method comprising:
detecting coupling of the cartridge to the body or removal of the cartridge from the body (the controller 16000 may periodically detect whether the cartridge is coupled to the main body while the aerosol generating device 1000 operates in the On mode. If the aerosol generating device continues to operate in the On mode while the cartridge is not coupled to the main body, unnecessary power may be consumed. Accordingly, the controller 16000 periodically detects whether the cartridge is coupled to the main body. If it is determined that the cartridge is coupled to the main body as a result of detection, the controller 16000 may perform the preheating operation by supplying power to the heater 12000 included in the cartridge. If it is determined that the cartridge has been separated from the main body, the controller may switch the operation mode of the aerosol generating device 10000), (¶[0091]),
based on the coupling of the cartridge to the body or removal of the cartridge from the body being detected, control supply of the power to the heater, so as to cause a temperature of the heater to increase above a vaporization temperature of an aerosol generating substance in the liquid delivery portion (In an embodiment, the heating mode may be a mode in which the amount of power supplied to the heater 12000 is increased than (e.g., as compared to) the preheating mode so that the aerosol generating material is vaporized,(¶[0088]), which reasonably suggests to one having ordinary skill in the art that the temperature of the heater must be increased above the vaporization temperature of an aerosol generating substance (liquid) in the liquid delivery portion (liquid delivery element). This anticipates claim 10.
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (WO 2020/222450; cited on 3/27/2024 IDS) as applied to claim 3 above, in view of Monsees et al. (US 2019/0069599).
Regarding claim 4, Cho discloses all the claim limitations as set forth above. Cho discloses the heater may include a metallic material such as copper, nickel, tungsten, or the like to heat the aerosol generating material delivered to the liquid delivery element by generating heat using electrical resistance.
Cho does not explicitly disclose the heater resistance changes according to the temperature of the heater and the at least one processor is further configured to determine the heater temperature of the heater based on a temperature coefficient of the resistance of the heater.
Monsees teaches vaporization devices and methods of operating them. In particular, described are methods for controlling power applied to a resistive heater of a vaporization device by measuring the resistance of the resistive heater at discrete intervals (abstract). Monsees further teaches vaporization devices that include: a microcontroller (a processor); a reservoir configured to hold a vaporizable material; a resistive heater configured to thermally contact the vaporizable material from the reservoir; a resistance measurement circuit connected to the microcontroller configured to measure the resistance of the resistive heater when power is not being applied to the resistive heater, (¶[0041]). The controller (e.g., microcontroller) for any of the devices may be configured to calculate a temperature from the resistance of the resistive heater and temperature coefficient of resistivity for the heater from the resistance of the resistive heater and temperature coefficient of resistivity for the heater and to display the temperature on an output in communication with the microcontroller, (¶[0046]). This reads over the heater resistance changes according to the temperature of the heater and the temperature coefficient of the resistance of the heater limitation of the claim.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of Cho to include the resistance measurement circuit arrangement connected to the microcontroller (the processor of Cho) as taught by Monsees for the advantage of calculating a temperature from the resistance of the resistive heater and temperature coefficient of resistivity for the heater from the resistance of the resistive heater and to display the temperature on an output in communication with the microcontroller as taught by Monsees. This reads over claim 4.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (WO 2020/222450; cited on 3/27/2024 IDS) as applied to claim 1 above, in view of Lee et al. (US 2021/0022396).
Regarding claim 5, Cho discloses all the claim limitations as set forth above. Cho does not explicitly disclose a cartridge detection sensor configured to detect the coupling of the cartridge to the body and the removal of the cartridge from the body.
Lee teaches an aerosol generating device (5) includes the cartridge (20) containing the aerosol generating material and a main body (10) supporting the cartridge (20), (Fig. 1, ¶[0037]). A portion of the cartridge (20) may be coupled to the main body (10), (¶[0038]). In addition, the controller (processor) may determine whether the cartridge (20) is coupled to the main body (10). The aerosol generating device (5) may include a separate sensor for detecting (reads over a cartridge detection sensor) whether the cartridge (20) and the main body (10) are coupled, (¶[0070]). The phrase “whether the cartridge and the main body are coupled” reads over “to detect the coupling of the cartridge to the body and the removal of the cartridge from the body.” Lee further teaches in an embodiment shown in Fig. 4, the aerosol generating device (400) may include at least one sensor (430) wherein a sensing result (reads over a sensor signal) of the at least one sensor (430) may be transmitted to the controller (460), and the controller (460) may control the aerosol generating device (400) to perform various functions, such as control of the operation of the heater (420), limitation of smoking, determination of insertion (reads on coupling) or non-insertion (reads on removal) of a cartridge, and display of notification, according to the sensing result, (¶[0074]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of Cho by using the above discussed separation sensor arrangement with sensing result of Lee for the advantage of detecting whether the cartridge and the main body are coupled as taught by Lee. This reads over claim 5.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (WO 2020/222450; cited on 3/27/2024 IDS) as applied to claim 1 above, in view of Skoda (US 2017/0014582).
Regarding claim 9, Cho discloses all the limitations as set forth above. Cho teaches in an embodiment, the aerosol generating device (10000) may include a user interface (14000) (Fig. 4, ¶[0069]); the user interface (14000) may include various interfacing devices, such as a display or a light emitter for outputting visual information...input/output (I/O) interfacing devices, for example a button or a touch screen) for receiving information input from the user or outputting information to the users (reads over an input device configured to receive a user input), (¶[0082]).
However Cho does not explicitly disclose the claimed plurality of cartridge chambers, the processor identification of the user selected chamber based on user input; and based on the selected chamber being changed according to user input, controlling the power supplied to the heater limitation as claimed.
Skoda teaches a vaporization and inhalation apparatus comprising a cartridge container configured to receive a cartridge including a liquid, a heating element configured to heat the liquid to a point of vaporization to generate a vaporized form of the liquid, an outlet port through which the vaporized form of the liquid is inhaled (abstract). Skoda teaches an embodiment of a vaporization and inhaler apparatus (401) is configured to allow inhalation of a plurality of different substances loaded into a single cartridge (402). The cartridge (402) may include a plurality of chambers or silos (403) (plurality of chambers) each filled or fillable with a different substance for consumption by inhaling as disclosed herein, wherein the cartridge (402), in particular embodiments, may be rotatably re-positioned, for example, by rotatable actuator (404) controlled by servo-controller (405) (processor). In various embodiments, the vaporization and inhaler apparatus (401) may include a single heater configured to heat only single silo (403) of the cartridge (402) at a time, (Fig. 4, ¶[0065]). Skoda further teaches the cartridge (402) may be programmed with identifying information that indicates what substances are in the cartridge and what silo position the substance is positioned at accordingly. The silos (403) may each have a unique position identifier and each cartridge may have a silo quantity identifier indicating the number and/or position of each silo (403). The information may be stored in a memory device of the cartridge (402) and may be communicably retrieved or sent to the servo-controller (405) to control the position of the cartridge in accordance with a user selection (reads over process configured to identify chamber selection by user input), (¶[0066]). In particular embodiments, when cartridge (402) rotates as discussed further herein (reads over selected chamber being changed according to the user input, i.e., user selection as discussed above), it is possible for one sub-cartridge (e.g., silo 403) to have the substance contained therein vaporized at a certain wattage/voltage (power), which a different sub-cartridge, for example, containing a different substance, may be vaporized at a different wattage/voltage, (¶[0068]); reading over control the supply of power to the heater, so as to cause the temperature of the heater to increase above vaporization temperature of the aerosol generating substance in the liquid delivery portion.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of Cho by using the above discussed cartridge arrangement of Skoda for the advantage to allow inhalation of a plurality of different, identified substance loaded into a single cartridge is vaporized at a certain wattage/voltage and a different sub-cartridge (silo) containing a different substance is vaporized at a different wattage/voltage as taught by Skoda. This reads over claim 9.
Allowable Subject Matter
Claims 6-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 6, Cho et al. (WO 2020/222450) in view of Lee et al. (US 2021/0022396) is the closest prior art. The prior art does not teach or reasonably suggest the claimed structure wherein the cartridge detection sensor is further configured to, based on the coupling of the cartridge to the body, receive information about the cartridge, wherein the at least one processor if further configured to: based on the information received by the cartridge detection sensor, determine a type of the cartridge; and control the supply of power to the heater based on whether the determined type of the cartridge corresponds to a type of cartridge most recently coupled to the body and used. Claims 7 and 8 are objected to due to dependency.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONNIE KIRBY JORDAN whose telephone number is 571-272-5214. The examiner can normally be reached M-F 8AM - 4PM (EST).
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/RONNIE KIRBY JORDAN/Examiner, Art Unit 1747
/Christopher M Rodd/Primary Examiner, Art Unit 1766
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