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.
Claims 23-27, 31-35, and 39-42 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. 2018/0092405 (“Monsees”) in view of U.S. Patent Pub. 2020/0352247 (“Yamada”).
Claim 23
Monsees discloses an aerosol-generating device for generating an aerosol from an aerosol- forming substrate, the aerosol-generating device comprising: an electrically powered heater element configured to heat the aerosol-forming substrate (electric heater 105); a temperature sensor thermally coupled to the electrically powered heater element (paragraph [0006], temperature sensor included in heater), the temperature sensor having a resistivity dependent on a temperature of the electrically powered heater element (paragraph [0032, 0079], temperature dependent resistive heating); a power source configured to supply power to the electrically powered heater element and the temperature sensor (paragraph [0032], power source); and control electronics configured to measure a voltage across the temperature sensor, the voltage being dependent on a resistivity of the temperature sensor (paragraph [0033], microcontroller).
Monsees does not appear to explicitly disclose the control electronics comprising or being communicably coupled to a memory storing preconfigured data, the preconfigured data comprising a plurality of voltage values and a corresponding plurality of temperature values, wherein the control electronics are further configured to correlate the measured voltage with the preconfigured data and to determine a value for a heater element temperature based on the correlation.
Yamada discloses an aerosol generation device including control electronics with memory storing temperature resistance value characteristics (paragraph [0256]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the control electronics comprising or being communicably coupled to a memory storing preconfigured data, the preconfigured data comprising a plurality of voltage values and a corresponding plurality of temperature values, wherein the control electronics are further configured to correlate the measured voltage with the preconfigured data and to determine a value for a heater element temperature based on the correlation, as disclosed by Yamada, into the device of Monsees, for the purpose of calibrating the output value of the sensor and an estimate of the temperature of the load corresponding to the output value (Yamada, paragraph [0256]).
Claim 24
Monsees in view of Yamada discloses the aerosol-generating device according to claim 23, wherein each of the voltage values of the preconfigured data is associated with a corresponding one of the temperature values of the preconfigured data (Yamada, paragraph [0256]).
Claim 25
Monsees in view of Yamada discloses the aerosol-generating device according to claim 23, wherein the control electronics are further configured to compare the determined value of the heater element temperature with a target temperature for the electrically powered heater element, and to adjust a supply of power from the power source to the electrically powered heater element so as to reduce any difference between the determined value of the heater element temperature and the target temperature for the electrically powered heater element (Yamada, paragraphs [0042-0048], voltage adjustments to power supply based on temperature).
Claim 26
Monsees in view of Yamada discloses the aerosol-generating device according to claim 23, wherein the plurality of temperature values of the preconfigured data encompasses a temperature range of between 0 degree Celsius and 425 degrees Celsius, or between 0 degree Celsius and 400 degrees Celsius, or between 0 degree Celsius and 375 degrees Celsius (Monsees, paragraph [0133, calibrated to tobacco temperatures).
Claim 27
Monsees in view of Yamada discloses the aerosol-generating device according to claim 23, wherein the plurality of temperature values of the preconfigured data has a granularity between successive ones of the plurality of temperature values of between 0.5 degree Celsius and 5 degrees Celsius, or between 0.5 degree Celsius and 3 degrees Celsius, or between 0.5 degree Celsius and 1.5 degrees Celsius (Yamada, paragraph [0142]).
Claim 31
Monsees in view of Yamada discloses the aerosol-generating device according to claim 23, wherein the temperature sensor and the electrically powered heater element are disposed on opposed surfaces of an electrically insulative substrate layer (Monsees, Fig. 1, substrate layers form oven 104).
Claim 32
Monsees in view of Yamada discloses the aerosol-generating device according to claim 31, wherein the electrically insulative substrate layer comprises two or more sublayers (Monsees, Fig. 1, body 101 with heater layers 105).
Claim 33
Monsees in view of Yamada discloses the aerosol-generating device according to claim 31, wherein the electrically insulative substrate layer comprises a first portion and a second portion, the electrically insulative substrate layer being rolled into a tubular shape such that the electrically powered heater element is disposed between the first and the second portions of the electrically insulative substrate layer (Monsees, Fig. 1).
Claim 34
Monsees in view of Yamada discloses the aerosol-generating device according to claim 33, wherein the temperature sensor is disposed on an outward-facing surface of the electrically insulative substrate layer (Monsees, Fig. 2, paragraph [0222]).
Claim 35
Monsees in view of Yamada discloses the aerosol-generating device according to claim 23, wherein the electrically powered heater element is disposed between distinct first and second electrically insulative substrate layers (Monsees, Fig. 1).
Claim 39
Monsees discloses a method of determining a temperature of an electrically powered heater element of an aerosol-generating device, the aerosol-generating device comprising a temperature sensor thermally coupled to the electrically powered heater element (paragraph [0006], temperature sensor included in heater), the temperature sensor having a resistivity dependent on a temperature of the electrically powered heater element (paragraph [0032, 0079], temperature dependent resistive heating).
Monsees does not appear to explicitly disclose the method comprising: measuring a voltage across the temperature sensor, the voltage being dependent on a resistivity of the temperature sensor; correlating the measured voltage with preconfigured data comprising a plurality of voltage values and a corresponding plurality of temperature values; and determining a value for a heater element temperature based on the correlation.
Yamada discloses an aerosol generation device including control electronics with memory storing temperature resistance value characteristics (paragraph [0256]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated measuring a voltage across the temperature sensor, the voltage being dependent on a resistivity of the temperature sensor; correlating the measured voltage with preconfigured data comprising a plurality of voltage values and a corresponding plurality of temperature values; and determining a value for a heater element temperature based on the correlation., as disclosed by Yamada, into the device of Monsees, for the purpose of calibrating the output value of the sensor and an estimate of the temperature of the load corresponding to the output value (Yamada, paragraph [0256]).
Claim 40
Monsees in view of Yamada discloses the method according to claim 39, further comprising: comparing the determined value of the heater element temperature with a target temperature for the electrically powered heater element; and adjusting a supply of power to the electrically powered heater element so as to reduce any difference between the determined value of the heater element temperature and the target temperature (Yamada, paragraphs [0042-0048], voltage adjustments to power supply based on temperature).
Claim 41
Monsees in view of Yamada discloses the method according to claim 39, wherein each of the voltage values of the preconfigured data is associated with a corresponding one of the temperature values of the preconfigured data (Yamada, paragraphs [0042-0048], voltage adjustments to power supply based on temperature).
Claim 42
Monsees in view of Yamada discloses the method according to claim 39, wherein the plurality of temperature values of the preconfigured data encompasses a temperature range of between 0 degree Celsius and 425 degrees Celsius, or between 0 degree Celsius and 400 degrees Celsius, or between 0 degree Celsius and 375 degrees Celsius (Monsees, paragraph [0133, calibrated to tobacco temperatures).
Claims 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Pub. 2018/0092405 (“Monsees”) in view of U.S. Patent Pub. 2020/0352247 (“Yamada”), further in view of U.S. 2014/0299141 (“Flick”).
Claim 28
Monsees in view of Yamada discloses the aerosol-generating device according to claim 23.
Monsees in view of Yamada does not appear to explicitly disclose wherein the temperature sensor is electrically coupled to a resistor, the resistor having a resistivity substantially invariant with temperature over a predetermined temperature range, and wherein the temperature sensor and the resistor collectively form at least part of a resistor divider.
Flick discloses an aerosol generating system including similar temperature control including a voltage divider (paragraph [0080]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a voltage divider, as disclosed by Flick, into the device of Monsees in view of Yamada, such that wherein the temperature sensor is electrically coupled to a resistor, the resistor having a resistivity substantially invariant with temperature over a predetermined temperature range, and wherein the temperature sensor and the resistor collectively form at least part of a resistor divider, for the purpose of regulating temperature (Flick, paragraph [0080]).
Claim 29
Monsees in view of Yamada, further in view of Flick, discloses the aerosol-generating device according to claim 28, wherein the predetermined temperature range is between 0 degree Celsius and 425 degrees Celsius, or between 0 degree Celsius and 400 degrees Celsius, or between 0 degree Celsius and 375 degrees Celsius (Monsees, paragraph [0133, calibrated to tobacco temperatures).
Claim 30
Monsees in view of Yamada, further in view of Flick, discloses the aerosol-generating device according to claim 28, wherein the resistivity being substantially invariant with temperature over the predetermined temperature range corresponds to the resistivity varying by no more than 15% over the predetermined temperature range, or by no more than 10% over the predetermined temperature range, or by no more than 5% over the predetermined temperature range (Yamada, paragraph [0142]).
Allowable Subject Matter
Claims 36-38 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: the present application relates in general to an aerosol generating device including a heater element; a temperature sensor; and a power source. The cited art, U.S. Patent Pub. 2018/0092405 (“Monsees”) in view of U.S. Patent Pub. 2020/0352247 (“Yamada”), further in view of U.S. 2014/0299141 (“Flick”), discloses a similar aerosol generating device also including a heater element; a temperature sensor; and a power source. However, the cited art does not appear to explicitly disclose or suggest wherein the temperature sensor is disposed between the second electrically insulative substrate layer and a third electrically insulative substrate layer, wherein the first electrically insulative substrate layer, the electrically powered heater element, the second electrically insulative substrate layer, the temperature sensor, and the third electrically insulative substrate layer are successively laid over each other. Thus, the specific structure of the aerosol generating device, as required by the claimed invention, is not provided by the cited art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICA S Y LIN whose telephone number is (571)270-7911. The examiner can normally be reached M-F 8-4, TW M,W.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Douglas X Rodriguez can be reached at (571) 431-0716. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERICA S LIN/Primary Examiner, Art Unit 2853
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