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 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.
Claim 2 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.
In claim 2, the limitation of “higher than a vaporization temperature of the aerosol generating substance” seems unclear. While the specification discloses “The heater 131 may be heated to a temperature above the vaporization temperature of the aerosol generating substance. When the heater 131 is heated to the temperature above the vaporization temperature of the aerosol generating substance, the aerosol generating substance in the wick may be vaporized by the heat of the heater 131.”, the specification does not provide information about what temperature or temperature range is needed to vaporize an aerosol substance.
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.
(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 1-3 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 206808673 U – Song.
Regarding claim 1, Song is directed towards an atomizer with overheating protection. Song does teach a housing ([0036] The atomizer 100 includes a housing 101); a heater configured to heat an aerosol generating substance ([0036] The aerosol generating component 300 includes a heating element 301); a battery configured to supply power to the heater ([0036] The battery 202 outputs a predetermined power to supply power to the heating element 301 through the control circuit 201.); and a temperature switch configured to switch an electrical connection between the heater and the battery (Figure 1 shoes the battery 202, heater 301 and switch 302 are electrical connected.), wherein the temperature switch comprises: a first switch terminal that is positioned to electrically couple to a first heater terminal (3011) of the heater (Figure 1 shows the switch controlling the power from the battery to the heater); and a second switch terminal (3023) that is positioned to electrically couple to a first battery terminal of the battery (Figure 1 shows the switch controlling the power from the battery to the heater),wherein the temperature switch is bent in a direction when the temperature switch is heated to or above a first temperature and wherein the first switch terminal is spaced apart from the first heater terminal after the temperature switch is bent in the direction to electrically open the coupling of the first switch terminal to the first heater terminal. (Figure 3 and [0042] The deformation of the second metal layer 3022 is greater than that of the first metal layer 3021, causing the elastic deformation end 3024 to shift to the left.).
Regarding claim 2, Song does teach the limitations of claim 1. Song does teach wherein the first temperature is higher than a vaporization temperature of the aerosol generating substance ([0036] The aerosol generating component 300 includes a heating element 301, which is used to heat the e-liquid to generate aerosol that can be inhaled by the user.).
Regarding claim 3, Song does teach the limitations of claim 1. Song does teach wherein the temperature switch further comprises: a first plate comprising a first metal ([0038] The metal sheet 302 has a first metal layer 3021) and extending from the first battery terminal in a direction toward the first heater terminal (Figure 1 shows the connection between the battery and the switch); and a second plate comprising a second metal and having one surface in contact with one surface of the first plate (Figure 3 and [0038] The metal sheet 302 has a first metal layer 3021 and a second metal layer 3022 stacked together,), and wherein a coefficient of thermal expansion of the first metal is different from a coefficient of thermal expansion of the second metal ([0038] the coefficient of thermal expansion of the first metal layer 3021 is less than that of the second metal layer 3022, so that the metal sheet 302 deforms and shifts when the temperature changes, and cuts off or connects the power circuit of the heating element 301.).
Regarding claim 11, Song does teach an aerosol generating device comprising:
a heater configured to heat an aerosol generating substance ([0036] The atomizer 100 includes a housing 101); a battery configured to supply power to the heater to enable the heater to heat the aerosol generating substance([0036] The battery 202 outputs a predetermined power to supply power to the heating element 301 through the control circuit 201.); a temperature switch configured to switch an electrical connection between the heater and the battery(Figure 1 shoes the battery 202, heater 301 and switch 302 are electrical connected.), and a housing that is shaped to include the heater, the battery and the temperature switch, wherein the temperature switch comprises: a first switch terminal electrically coupled to a first heater terminal (3011) of the heater when the temperature switch is in a first orientation (Figure 1 shows the switch controlling the power from the battery to the heater); and a second switch terminal (3023) that is positioned to electrically couple to a first battery terminal of the battery when the temperature switch is in the first orientation (Figure 1 shows the switch controlling the power from the battery to the heater); wherein the temperature switch is bent, relative to the first orientation, when the temperature switch is heated to exceed a temperature threshold, and wherein while the temperature switch is bent, the first switch terminal is spaced from the first heater terminal to electrically open the coupling of the first switch terminal to the first heater terminal. (Figure 3 and [0036] The switching device includes a metal plate 302 mounted near the heating element 301. The metal plate 302 is connected in series in the power supply circuit of the heating element 301. It can automatically disconnect or connect the circuit according to the temperature change of the heating element 301. The specific structure is described below.).
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 CN 206808673 U – Song as applied to claim 1 above, and further in view of US 20090273314 A1 – Yoshikawa.
Regarding claim 4, Song does teach the limitations of claim 3. Song does teach a coil having one end coupled to the first heater terminal; and a second heater terminal coupled to another end of the coil, wherein the battery comprises a second battery terminal,
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Song does not expressly teach the first end of the fuse is coupled to the second heater terminal and the second end of the fuse is coupled to the second battery terminal.
Yoshikawa is directed towards a battery pack. Yoshikawa does teach the first end of the fuse is coupled to the input and the second end of the fuse is coupled to the second battery terminal. ([0045] The chemical fuse 6 is configured to include fuses 18 and a heater resistor 19, and is connected in series to the secondary battery 2.).
The combination of the chemical fuse of Yoshikawa with the atomizer of Song allows the heater to have a safety disconnect via the fuse from the battery.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Song to include the first end of the fuse is coupled to the input and the second end of the fuse is coupled to the second battery terminal because the chemical fuse of Yoshikawa with the atomizer of Song allows the heater to have a safety disconnect via the fuse from the battery.
Claims 5 - 8 are rejected under 35 U.S.C. 103 as being unpatentable over CN 206808673 U – Song and US 20090273314 A1 – Yoshikawa as applied to claim 4 above, and further in view of US 20180069388 A1 – Kim
Regarding claim 5, Song and Yoshikawa does teach the limitations of claim 4. Song does not expressly teach the heater further comprises a third heater terminal electrically connected to the second heater terminal and disposed adjacent to the first switch terminal.
Kim is directed toward a battery protection circuit. Kim does teach a three-way switch that protects the system and puts the circuit into short circuit mode for protection. ([0070] The circuit-changing switch 166 serves to control the flow of the temperature measurement current i2. The circuit-changing switch 166 may be a three-way switch including a first terminal connected to the NTC element 161, a second terminal connected to the current sensor 163, and a third terminal connected to the short-circuit device 164. The circuit-changing switch 166 may control the flow of the temperature measurement current i2 passing through the NTC element 161 by electrically connecting the NTC element 161 with one of the current sensor 163 and the short-circuit device 164.).
The combination of the three-way switch of Kim with the atomizer of Song allows for the system to shut down when too much current is flowing from a source.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Song to include teach a three-way switch that protects the system and puts the circuit into short circuit mode for protection because the three-way switch of Kim with the atomizer of Song allows for the system to shut down when too much current is flowing from a source.
Regarding claim 6, Song, Yoshikawa, and Kim does teach the limitations of claim 5. Song does not expressly teach the coefficient of thermal expansion of the first metal is greater than the coefficient of thermal expansion of the second metal, and wherein the temperature switch is bent in the direction when the temperature switch is heated to or above the first temperature, such that the first switch terminal is brought into electrical contact with the third heater terminal to be electrically coupled to the third heater terminal.
Song discloses all the limitations of the claims, except for the Although Song does not expressly teach the coefficient of thermal expansion of the first metal is greater than the coefficient of thermal expansion of the second metal, and wherein the temperature switch is bent in the direction when the temperature switch is heated to or above the first temperature. It would have been obvious to one of ordinary skill in the art at the time the invention was made to switch the first and second metals to get the switch to bend in the directed needed for the device to function, since it has been held that rearranging parts of a prior art structure involves only routing skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Kim does teach that the first switch terminal is brought into electrical contact with the third terminal to be electrically coupled to the third output terminal. ([0070] The circuit-changing switch 166 serves to control the flow of the temperature measurement current i2…. The circuit-changing switch 166 may control the flow of the temperature measurement current i2 passing through the NTC element 161 by electrically connecting the NTC element 161 with one of the current sensor 163 and the short-circuit device 164.).
The combination of the three-way switch of Kim with the atomizer of Son to allow the switch to control the heater to be turned on and off as the heater is needed by the user.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Song to include that the first switch terminal is brought into electrical contact with the third terminal to be electrically coupled to the third output terminal because the three-way switch of Kim with the atomizer of Son to allow the switch to control the heater to be turned on and off as the heater is needed by the user.
Regarding claim 7, Song, Yoshikawa, and Kim does teach the limitations of claim 5. Song does not expressly teach the fuse is electrically open when a current greater than or equal to a cut-off current flows, and wherein when the first switch terminal is electrically coupled to the third heater terminal, a current greater than or equal to the cut-off current flows through the fuse.
Yoshikawa does teach the fuse is electrically open when a current greater than or equal to a cut-off current flows, and wherein when the first switch terminal is electrically coupled to the third output terminal, a current greater than or equal to the cut-off current flows through the fuse. ([0045] for example, the overcurrent directly flows into the fuses 18. Due to the current, the fuses 18 generate heat and are fusion-cut. As a result, a charge or discharge path to the secondary battery 2 is cut off.)
The combination of the safety fuse of Yoshikawa with the atomizer of Song allows the system to protect itself from short circuit or an over current situation.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Song to include the fuse is electrically open when a current greater than or equal to a cut-off current flows, and wherein when the first switch terminal is electrically coupled to the third output terminal, a current greater than or equal to the cut-off current flows through the fuse because the safety fuse of Yoshikawa with the atomizer of Song allows the system to protect itself from short circuit or an over current situation.
Regarding claim 8, Song, Yoshikawa, and Kim does teach the limitations of claim 5. Song does not expressly teach a protection resistor, wherein the fuse and the protection resistor are connected in series between the second heater terminal and the second battery terminal.
Yoshikawa does teach a protection resistor, wherein the fuse and the protection resistor are connected in series between the second output terminal and the second input terminal. ([0045] The chemical fuse 6 is configured to include fuses 18 and a heater resistor 19, and is connected in series to the secondary battery 2.).
The combination of the heater resistor of Yoshikawa with the atomizer of Song to allow the fuse to not activate prematurely when a proper load is not in the circuit.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Song to include a protection resistor, wherein the fuse and the protection resistor are connected in series between the second output terminal and the second input terminal because the heater resistor of Yoshikawa with the atomizer of Song to allow the fuse to not activate prematurely when a proper load is not in the circuit.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over CN 206808673 U – Song as applied to claim 3 above, and further in view of US 20220042639 A1 – Grande.
Regarding claim 9, Song does teach the limitations of claim 1. Song does teach the coefficient of thermal expansion of the first metal is less than the coefficient of thermal expansion of the second metal, ([0038] the coefficient of thermal expansion of the first metal layer 3021 is less than that of the second metal layer 3022).
Song does not expressly teach wherein a first adhesive portion is provided on at least a portion of another surface of the first plate.
Grande is directed towards a fluid conduit assemblies. Grande does teach a first adhesive portion is provided on at least a portion of another surface of the first plate. ([0178] Referring again to FIG. 7, a contact pin 38 is attached to and electrically communicates with each contact pad 432 and 434. In this example, three contact pins 38 are illustrated. Each contact pin 38 may be attached to the corresponding contact pad 432 or 434 by any suitable method known in the art, such as soldering, brazing, conductive adhesives, or any other appropriate technique.).
The combination of the adhesive pads of Grande with the atomizer switch of Song to allow the switch to be held in place when it is bent in one direction or the other.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Song to include a first adhesive portion is provided on at least a portion of another surface of the first plate because the adhesive pads of Grande with the atomizer switch of Song to allow the switch to be held in place when it is bent in one direction or the other.
Regarding claim 10, Song and Grande does teach the limitations of claim 9. Song and Grande does not expressly teach the housing comprises a second adhesive portion on one surface disposed adjacent to the another surface of the first plate, And wherein the temperature switch is bent in a direction in which the second adhesive portion is disposed when the temperature switch is heated to or above the first temperature, such that the first adhesive portion and the second adhesive portion are brought into contact.
Although Song and Grande does not expressly teach a second adhesive pad, this would just be a duplication of the single adhesive pad taught by Grande therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to the housing comprises a second adhesive portion on one surface disposed adjacent to the another surface of the first plate, And wherein the temperature switch is bent in a direction in which the second adhesive portion is disposed when the temperature switch is heated to or above the first temperature, such that the first adhesive portion and the second adhesive portion are brought into contact, since it has been held that mere duplication of essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH BRIAN ASSANTE whose telephone number is (571)272-5853. The examiner can normally be reached M-F 7:30 am - 4:30 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven W Crabb can be reached at (571) 270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEITH BRIAN ASSANTE/Examiner, Art Unit 3761
/JUSTIN C DODSON/Primary Examiner, Art Unit 3761
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