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 .
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.
Claim(s) 1-6, 9, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over LIM (US 2020/0093185) in view of YAMADA et al. (EP 3871534).
Lim teaches an aerosol-generating device (figures 1-3, 5-6) comprising a cartridge (1002 in figures 5 and 6) shaped to define an elongated insertion space (1004h in figures 5 and 6); a body coupled to the cartridge (1001 in figures 5 and 6); a heater (para. 0020) configured to heat an aerosol-generating substance (3); a battery (11000, 1130) configured to supply power to the heater to enable the heater to heat the aerosol-generating substance; a stick detection sensor (para. 0006) configured to output a signal corresponding to a stick inserted into the elongated insertion space; and a controller (para. 0020). Lim teaches the controller is configured to determine that the stick has been inserted into the elongated insertion space, based on the signal from the stick detection sensor (para. 0020). Lim teaches the controller may check a state of each of the components of the aerosol generating device to determine whether or not the aerosol generating device is able to operate (para. 0039).
Lim is silent to the process for checking the state of each of the components of the aerosol generating device.
Yamada teaches an aerosol-generating device (10 in figure 1B) comprising a cartridge (11A) shaped to define an elongated insertion space (12a); a body coupled to the cartridge (11B); a heater (40 in figure 3) configured to heat an aerosol-generating substance (110); a battery (20 in figure 3) configured to supply power to the heater to enable the heater to heat the aerosol-generating substance; and a controller (402). Yamada teaches the controller is configured to identify remaining power of the battery (para. 0051-0052); interrupt the supply of power to the heater based on the remaining power being less than a reference amount of power (para. 0071); and control the supply of power to the heater based on the remaining power being greater than or equal to the reference amount of power (para. 0072).
It would have been obvious to one of ordinary skill in the art to modify the controller of Lin to include the control functions of Yamada because Lim teaches the controller may check a state of each of the components of the aerosol generating device to determine whether or not the aerosol generating device is able to operate (para. 0039).
Regarding claim 2, Yamada teaches the reference amount of power is an amount of power consumed when a user takes a defined number of puffs using one stick (para. 0073).
Regarding claim 3, Lim teaches a puff sensor configured to output a signal corresponding to a puff of a user (para. 0053, 0166) and teaches the controller is further configured to control the supply of power to the heater based on a defined temperature profile of the heater and the signal received from the puff sensor (para. 0166). Yamada teaches the controller is further configured update the reference amount of power based on an extent of reduction of the remaining power (para 0068).
Regarding claim 4, Yamada teaches the controller is further configured to maintain the reference amount of power that is currently set, based on a current number of puffs corresponding to the puff detected by the puff sensor being less than a predetermined number of puffs (para. 0069). Lim teaches that based on the stick being removed from the insertion space or the puff not being detected during a defined time period or longer (para. 0112).
Regarding claim 5, Yamada teaches the controller is further configured to interrupt the supply of power to the heater further based on the remaining power being less than a defined minimum amount of power and a current number of puffs corresponding to a puff detected by the puff sensor being less than a predetermined number of puffs; and update the reference amount of power based on a difference between the predetermined number of puffs and the current number of puffs (para. 0071, 0073).
Regarding claim 6, Yamada teaches the controller is further configured to update the reference amount of power based on a first amount of power corresponding to an extent of reduction of the remaining power, and at least one second amount of power previously set as the reference amount of power (para. 0069-0070).
Regarding claim 9, Yamada teaches an output interface configured to output a message, wherein the controller is further configured to cause the output interface to output a message indicating a request for charging of the battery, based on the remaining power being less than the reference amount of power (para. 0014, 0071).
Regarding claim 11, see the discussion of claim 1 above.
Claim(s) 7-8, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over LIM (US 2020/0093185) in view of YAMADA et al. (EP 3871534) as applied to claim 3 above, and further in view of BOWEN et al. (US 2016/0157524).
Lim as modified by Yamada teaches an aerosol-generating device (figures 1-3, 5-6) comprising a cartridge (1002 in figures 5 and 6) shaped to define an elongated insertion space (1004h in figures 5 and 6); a body coupled to the cartridge (1001 in figures 5 and 6); a heater (para. 0020) configured to heat an aerosol-generating substance (3); a battery (11000, 1130) configured to supply power to the heater to enable the heater to heat the aerosol-generating substance; a stick detection sensor (para. 0006) configured to output a signal corresponding to a stick inserted into the elongated insertion space; and a controller (para. 0020).
Modified Lim is silent to calculating an amount of power consumed for each puff.
Bowen teaches an aerosol-generating device having a controller configured for calibrated dose control. Bowen teaches wherein the controller is configured to calculate an amount of power consumed for each puff; and update a reference amount of power based on a value obtained by multiplying a representative value of the amount of power consumed for each puff by a number of puffs corresponding to one cartridge (para. 0048). It would have obvious to one ordinary skill in the art to modify the controller of Lim to calculate an amount of power consumed for each puff because Lim teaches a puff detecting sensor and teaches that a “value obtained as a result of a sensing operation of the sensor 1150 may be provided to the controller 1110, and the controller 1110 may, based on the provided value, control the aerosol generating device 1100 to perform various functions, such as controlling a temperature of the heater, limiting of smoking” (para. 0166).
Regarding claim 8, Bowen teaches the representative value is a maximum value of the amount of power consumed for each puff (para. 0083).
Regarding claim 10, Lim teaches that the cartridge comprises a first container for storing liquid, a liquid transmitting device such as a wick, and a heating element (para. 0047, 0050) but is silent as to the specific construction of the vaporizer.
Bowen teaches a cartridge comprising a first container shaped to define a chamber, wherein the chamber is structured to store a liquid (see figure 7); a second container (360 in figure 1B) coupled to the first container; a wick (see figure 7, para. 0060) located in the second container, wherein the heater is further configured to heat the wick (para. 0060), wherein the first container comprises an inner wall defining an elongated insertion space and an outer wall surrounding the inner wall, wherein the chamber is formed between the inner wall and the outer wall (see figure 7).
It would have been obvious to one of ordinary skill in the art to try the heating arrangement of Bowen in the device of Lim because Lim teaches that the device may comprise a metal heat wire and wick (para. 0050-0051), which is the structure taught by Bowen.
Conclusion
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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