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 § 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.
Claim(s) 1-5, 9-12, 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marubashi et al (US 2021/0274850) in view of Akao et al (JP 2020171252).
Regarding claim 1, Marubashi discloses, an aerosol generation device (aerosol generation device 10) including a housing (main body 11) in which a long (length that can insert cartridge 20) insertion space
(recess 18) is formed, a heater (heater assembly 30) provided in the stick (cartridge 20), a resistance detection sensor (electric circuit for measuring heater resistance R) that outputs a signal corresponding to the resistance value (heater resistance R) of the heater that heats the aerosol-generating substance (liquid aerosol-forming substrate) by the supplied electric power, and a control unit (control electronic
circuit 16), wherein when the stick is inserted into the insertion space, the control unit determines the initial resistance value (initial resistance R reference) of the heater based on the signal received from the resistance detection sensor, controls the electric power supplied to the heater based on a predetermined temperature profile (not specified but obvious), and periodically changes the initial resistance value (takes an updated measured value of the R reference). (See Paragraphs [0059]-[0105])
Marubashi fails to disclose, determine to change the initial resistance based on a temperature of the heater that is not within a defined temperature range, wherein the temperature of the heater is calculated based on the signal received from the resistance detection sensor and the initial resistance; and change the initial resistance, based on a difference between the calculated temperature of the heater and a defined reference temperature.
Akao discloses, a device including a heater (first to fourth cartridge heater control devices) and a 146,148,150,152 (heater control device 160), in order to strictly control the temperature of the heater, when the temperature of an object (processing chamber 102 wall portion) heated by the heater is not included in a predetermined temperature range (there is a temperature difference from a set
temperature), it is determined to change the initial resistance value (reference resistance value) of the heater, and the initial resistance value is changed based on the difference between the temperature of the object heated by the heater and the predetermined reference temperature (set temperature) (the corrected reference resistance value is obtained). (See Paragraphs [0053]-[0054])
It would have been obvious to a person having ordinary skill in the art, at the time of the invention, to adapt Marubashi in view of Akao to provide, determine to change the initial resistance based on a temperature of the heater that is not within a defined temperature range, wherein the temperature of the heater is calculated based on the signal received from the resistance detection sensor and the initial resistance; and change the initial resistance, based on a difference between the calculated temperature of the heater and a defined reference temperature for controlling the temperature of the heater with a desired mode and accuracy.
Marubashi discloses, regarding claims 2 and 3, a puff sensor 110, 281 and stick 106 are disclosed (See Paragraph [0044]) Each inhalation operation (puff operation) of the user because of the contact resistance between the electrical contact (111, 112) of the holding portion 103 of the controller 102 and the electrical contact (123, 124) of the heater 127, oxidation of the heater 127, and the like. For this reason, in step S614, the resistance value of the heater 127 is detected after the end of heating processing and before reception of the next atomization request, and the reference resistance value is updated by the resistance value, thereby accurately acquiring the temperature of the heater 127 during heating processing. In addition, step S614 is performed after it is determined in step S613 that natural cooling of the heater 127 is completed, that is, in a state in which the heater 127 is sufficiently naturally cooled, and the temperature of the heater 127 is stable. That is, since the resistance is detected in a state in which the time fluctuation of the resistance value of the heater 127 is small and stable, the reliable reference resistance value Rref can be acquired. (See Paragraphs [0051], [0061]) Regarding claim 4, it is clear that the larger the difference between the actual initial resistanc value and the ideal initial resistance value, the larger the difference between the calculated heater temperature and the reference temperature. Then, it would have been obvious to a person skilled in the art to make a configuration in which the amount of change in the initial resistance value (that is, the amount of change) is proportional to the difference between the calculated temperature of the heater and the reference temperature within a range in which the temperature of the heater can be controlled with a desired mode and accuracy. Regarding claim 5, the device detects when the capsule 106 has been consumed and is being exchanged. The power to the heater is cut. (See Paragraphs [0051]-[0053])
Regarding claim 9, , Marubashi discloses, an aerosol generation device (aerosol generation device 10) including a housing (main body 11) in which a long (length that can insert cartridge 20) insertion space
(recess 18) is formed, a heater (heater assembly 30) provided in the stick (cartridge 20), a resistance detection sensor (electric circuit for measuring heater resistance R) that outputs a signal corresponding to the resistance value (heater resistance R) of the heater that heats the aerosol-generating substance (liquid aerosol-forming substrate) by the supplied electric power, and a control unit (control electronic
circuit 16), wherein when the stick is inserted into the insertion space, the control unit determines the initial resistance value (initial resistance R reference) of the heater based on the signal received from the resistance detection sensor, controls the electric power supplied to the heater based on a predetermined temperature profile (not specified but obvious), and periodically changes the initial resistance value (takes an updated measured value of the R reference). (See Paragraphs [0059]-[0105])
Marubashi fails to disclose, determine to change the initial resistance based on a temperature of the heater that is not within a defined temperature range, wherein the temperature of the heater is calculated based on the signal received from the resistance detection sensor and the initial resistance; and change the initial resistance, based on a difference between the calculated temperature of the heater and a defined reference temperature.
Akao discloses, a device including a heater (first to fourth cartridge heater control devices) and a 146,148,150,152 (heater control device 160), in order to strictly control the temperature of the heater, when the temperature of an object (processing chamber 102 wall portion) heated by the heater is not included in a predetermined temperature range (there is a temperature difference from a set
temperature), it is determined to change the initial resistance value (reference resistance value) of the heater, and the initial resistance value is changed based on the difference between the temperature of the object heated by the heater and the predetermined reference temperature (set temperature) (the corrected reference resistance value is obtained). (See Paragraphs [0053]-[0054])
It would have been obvious to a person having ordinary skill in the art, at the time of the invention, to adapt Marubashi in view of Akao to provide, determine to change the initial resistance based on a temperature of the heater that is not within a defined temperature range, wherein the temperature of the heater is calculated based on the signal received from the resistance detection sensor and the initial resistance; and change the initial resistance, based on a difference between the calculated temperature of the heater and a defined reference temperature for controlling the temperature of the heater with a desired mode and accuracy.
Marubashi discloses, regarding claims 10 and 11, a puff sensor 110, 281 and stick 106 are disclosed (See Paragraph [0044]) Each inhalation operation (puff operation) of the user because of the contact resistance between the electrical contact (111, 112) of the holding portion 103 of the controller 102 and the electrical contact (123, 124) of the heater 127, oxidation of the heater 127, and the like. For this reason, in step S614, the resistance value of the heater 127 is detected after the end of heating processing and before reception of the next atomization request, and the reference resistance value is updated by the resistance value, thereby accurately acquiring the temperature of the heater 127 during heating processing. In addition, step S614 is performed after it is determined in step S613 that natural cooling of the heater 127 is completed, that is, in a state in which the heater 127 is sufficiently naturally cooled, and the temperature of the heater 127 is stable. That is, since the resistance is detected in a state in which the time fluctuation of the resistance value of the heater 127 is small and stable, the reliable reference resistance value Rref can be acquired. (See Paragraphs [0051], [0061]) Regarding claims 12, and 14, it is clear that the larger the difference between the actual initial resistance value and the ideal initial resistance value, the larger the difference between the calculated heater temperature and the reference temperature. Then, it would have been obvious to a person skilled in the art to make a configuration in which the amount of change in the initial resistance value (that is, the amount of change) is proportional to the difference between the calculated temperature of the heater and the reference temperature within a range in which the temperature of the heater can be controlled with a desired mode and accuracy. Regarding claim 5, the device detects when the capsule 106 has been consumed and is being exchanged. The power to the heater is cut. (See Paragraphs [0051]-[0053])
Allowable Subject Matter
Claims 6-8, 13, 15 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761 9/2/2026
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