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 .
Status of the Claims
Claims 1-14 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Examiner’s Comment
This action is in response to an error in the PTO-326 incorrectly stating the period for reply. This action restarts the period to reply and corrects the shortened statutory period for reply in the PTO-326.
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.
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 1-6, 8-12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 20200093185 A1) in view of Chen (US 20220183384 A1).
Regarding claim 1, Lim teaches an aerosol-generating device (aerosol generating device 1000; [0031]) comprising:
a cartridge shaped to define an elongated insertion space (portion comprising wall 1004w, b may be interpreted as a cartridge, which defines accommodation passage 1004h; Figs. 5-6; [0078], [0084]);
a body coupled to the cartridge (case 1001; Fig. 6; [0071]);
a heater configured to heat an aerosol-generating substance (heater 1030; [0083]);
a stick detection sensor configured to output a signal corresponding to a stick inserted into the elongated insertion space (cigarette insertion detection sensor 800; [0100]);
a resistance detection sensor configured to output a signal corresponding to a resistance of the heater ([0154-0156]); and
a controller (controller 1110; [0149]) configured to determine a reference resistance (R0), the reference resistance being a criterion for determining a temperature of the heater ([0154-0156], [0166]).
Lim does not explicitly teach that the controller is configured to determine a reference resistance based on at least one of an elapsed time period beginning from an end of use of the stick or a resistance of the heater monitored after the end of use of the stick.
Chen, directed to an aerosol generating device (e-cigarette 1; Fig. 1; [0031]) comprising a cartridge (cartridge part 4; [0031]) shaped to define an elongated insertion space (space comprising removable insert 8; [0031]), a body (reusable part 2; [0031]) coupled to the cartridge, a heater (heating element 48; [0036-0037]) configured to heat an aerosol-generating substance, and a controller (control circuitry 20; [0039], [0045]), teaches that a controller may be configured to determine a reference resistance (baseline resistance R0) based on at least one of an elapsed time period beginning from an end of use of the stick or a resistance of the heater monitored after the end of use of the stick (R1), the reference resistance being a criterion for determining a temperature of the heater ([0047-0048] teaches determining resistance at the start of use, before heating begins. This may be considered to be after the end of use of the previous session (e.g., "the first heating operation to have occurred for a predetermined period of time")). Chen teaches that this is an appropriate mechanism for fault detection ([0007]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Lim by configuring the controller to additionally have the functionality of Chen such that it may determine a reference resistance based on a resistance of the heater monitored after the end of use of the stick as taught by Chen because both Lim and Chen are directed to aerosol-generating devices measuring resistance of heaters, Chen teaches that using the controller to monitor a reference resistance after the end of use of the stick helps to detect faults in the device, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 2, Lim teaches that the controller is further configured to interrupt supply of power to the heater based on the end of use of the stick ([0098], [0112], [0139]).
Chen teaches that the elapsed time period is a time period elapsed from a point in time of the interruption of the supply of power to the heater ([0050]) to a point in time of a start of use of the stick ([0048], [0052-0053]).
Regarding claim 3, Chen teaches that the controller is further configured to determine the reference resistance as the resistance of the heater based on the elapsed time period being longer than or equal to a defined time period ([0052]).
Regarding claim 4, Chen teaches that the controller is further configured to maintain the reference resistance based on use of the stick being initiated in a state in which the elapsed time period is shorter than a defined time period ([0053]).
Regarding claim 5, Chen teaches that length of the defined time period correspondingly depends on a temperature of the heater at the end of use of the stick ([0052] teaches that the time period corresponds to the time taken to sufficiently cool down, which is understood to depend on a temperature of a heater at the end of use of the stick).
Regarding claim 6, Chen teaches that the controller is further configured to determine whether to terminate monitoring of the resistance of the heater based on the resistance of the heater while the resistance of the heater is being monitored ([0050] teaches an "off" state, in which monitoring of resistance is expected to terminate, based on the monitored resistance of the heater); and determine the reference resistance as the resistance of the heater detected by the resistance detection sensor, based on use of the stick being initiated after monitoring of the resistance of the heater is terminated ([0052]).
Regarding claim 8, Lim teaches that the controller is further configured to determine the end of use of the stick, based on a determination that the stick is removed from the elongated insertion space using the stick detection sensor 800 ([0098], [0112], [0139]).
Regarding claim 9, Chen teaches that the controller is further configured to determine the end of use of the stick, based on to the aerosol-generating device being powered off in a state in which the stick is inserted into the elongated insertion space ([0050]).
Regarding claim 10, Lim teaches a puff sensor (sensor 1150; [0053], [0166]) configured to output a signal corresponding to inhalation of a user, wherein the controller is further configured to determine the end of use of the stick, based on a number of puffs corresponding to the inhalation detected by the puff sensor being greater than or equal to a defined number of times in a state in which the stick is inserted into the elongated insertion space ([0161] teaches analyzing a result of the sensor 1150 and controlling operation (e.g., ending use) based on this result. For a puff counter, this would be the number of puffs. [0162] teaches counting the number of smoking times and controlling operation based on this number. This is interpreted to be the number of puffs, and the number would be expected to be compared to a threshold value/defined number).
Regarding claim 11, Lim teaches that the controller is further configured to determine that use of the stick is initiated based on a determination that the stick is newly inserted into the elongated insertion space using the stick detection sensor ([0094-0095]).
Regarding claim 12, Lim teaches that the controller is further configured to determine that use of the stick is initiated in response to the aerosol-generating device being powered on in a state in which the stick is inserted into the elongated insertion space ([0097], [0138]).
Regarding claim 14, Lim teaches an aerosol-generating device (aerosol generating device 1000; [0031]) comprising:
a cartridge shaped to define an elongated insertion space (portion comprising wall 1004w, b may be interpreted as a cartridge, which defines accommodation passage 1004h; Figs. 5-6; [0078], [0084]);
a body coupled to the cartridge (case 1001; Fig. 6; [0071]);
a heater configured to heat an aerosol-generating substance (heater 1030; [0083]);
a stick detection sensor configured to output a signal corresponding to a stick inserted into the elongated insertion space (cigarette insertion detection sensor 800; [0100]);
a resistance detection sensor configured to output a signal corresponding to a resistance of the heater ([0154-0156]); and
a controller (controller 1110; [0149]) configured to determine a reference resistance (R0) and determine a temperature of the heater based on the reference resistance ([0154-0156], [0166]).
Lim does not explicitly teach that the controller is configured to determine a reference resistance based on at least one of an elapsed time period beginning from an end of use of the stick or a resistance of the heater monitored after the end of use of the stick.
Chen, directed to an aerosol generating device (e-cigarette 1; Fig. 1; [0031]) comprising a cartridge (cartridge part 4; [0031]) shaped to define an elongated insertion space (space comprising removable insert 8; [0031]), a body (reusable part 2; [0031]) coupled to the cartridge, a heater (heating element 48; [0036-0037]) configured to heat an aerosol-generating substance, and a controller (control circuitry 20; [0039], [0045]), teaches that a controller may be configured to determine a reference resistance (baseline resistance R0) based on at least one of an elapsed time period beginning from an end of use of the stick or a resistance of the heater monitored after the end of use of the stick (R1), and to determine a temperature of the heater based on the reference resistance ([0047-0048] teaches determining resistance at the start of use, before heating begins. This may be considered to be after the end of use of the previous session (e.g., "the first heating operation to have occurred for a predetermined period of time")). Chen teaches that this is an appropriate mechanism for fault detection ([0007]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Lim by configuring the controller to additionally have the functionality of Chen such that it may determine a reference resistance based on a resistance of the heater monitored after the end of use of the stick as taught by Chen because both Lim and Chen are directed to aerosol-generating devices measuring resistance of heaters, Chen teaches that using the controller to monitor a reference resistance after the end of use of the stick helps to detect faults in the device, and this involves applying a known teaching to a similar device to yield predictable results.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Lim and Chen as applied to claim 6 above, and further in view of Fujita et al. (US 11116256 B1).
Regarding claim 7, Chen teaches that the controller is configured to determine whether the resistance of the heater corresponds to the reference resistance while monitoring the resistance of the heater ([0014]).
Chen further teaches that the elapsed time period is the cooling time ([0048]).
Liu and Chen do not explicitly teach that the controller is configured to terminate monitoring of the resistance of the heater in response to the resistance of the heater corresponding to the reference resistance in a state in which the elapsed time period is shorter than a defined time period, or in response to the elapsed time period being longer than or equal to the defined time period.
Fujita, directed to an aerosol generating device (inhalation device 100; Fig. 1; col. 3, line 38) comprising a cartridge (atomizer 104; col. 3, line 43) shaped to define an elongated insertion space (capsule holder 105; line 56), a body (holder 103) coupled to the cartridge, a heater (heater 127) configured to heat an aerosol-generating substance (aerosol source; col. 3, line 44), and a controller (controller 102; col. 3, line 43) configured to determine a resistance (col. 4, lines 49-59), teaches further measuring the resistance after a defined time period (predetermined time Δt) after the end of use of the stick so as to more accurately calculate a cooling speed (col. 16, line 63-col. 17, line 4). It would be expected that after this final measurement after the defined time period, resistance monitoring would be terminated.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Chen, and therefore also modified Lim, by configuring the controller to terminate monitoring of the resistance of the heater in response to the elapsed time period being longer than or equal to the defined time period as taught by Fujita because both modified Lim and Fujita are directed to aerosol generating devices monitoring the resistance and cooling time of heaters, Fujita teaches that monitoring the resistance for a determined time after the end of use may help more accurately predict the cooling/elapsed time, and this involves applying a known teaching to a similar device to yield predictable results.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Lim and Chen as applied to claim 1 above, and further in view of Kim et al. (WO 2020101213 A1; hereinafter referring to corresponding US document US 20200345066 A1).
Regarding claim 13, Lim teaches that the aerosol generating device further comprises a vaporizer 14000 ([0035-0036]) comprising a liquid storage and heating element ([0047]).
Lim does not specify a structural configuration for this inclusion.
Kim, directed to an aerosol generating device (aerosol generating system 90; Figs. 6-7; [0074]) comprising a cartridge (cartridge 50; [0074]) shaped to define an elongated insertion space (cigarette insertion passage 42; [0080]), a body (main body 40; [0074]) coupled to the cartridge, a heater (heater 43; [0080]) configured to heat an aerosol-generating substance (cigarette 2; [0080]), and a controller (controller 12; [0032], [0077]), teaches that the cartridge comprises:
a first container shaped to define a chamber configured to store a liquid (see region B with chamber storing liquid material 51 in Fig. 6; [0075], [0078]);
a second container (chamber 50p; [0082]) coupled to the first container;
a wick (wick 54; [0082]) mounted in the second container and shaped to be in communication with the chamber; and
the heater (liquid heater 53; [0082]) configured to heat the wick,
wherein the first container comprises an inner wall (support portion 41; [0074-0075]) defining an elongated insertion space and an outer wall (cover 70; [0074]) surrounding the inner wall,
wherein the chamber is formed between the inner wall and the outer wall (Figs. 6-7), and wherein the wick is positioned in the second container ([0082]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Lim by using the structural configuration of the insertion space and vaporizer as taught by Kim because both Lim and Kim are directed to aerosol generating devices comprising both elongated insertion spaces and vaporizers, Lim is silent to the configuration of a vaporizer within the device and one with ordinary skill would be motivated to look to prior art for a known and suitable device configuration that combines an article insertion space and a vaporizer, and this involves applying a known teaching to a similar product to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Charlotte Davison whose telephone number is (703)756-5484. The examiner can normally be reached M-F 8:00AM-5:00PM.
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/C.D./ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755
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