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 1-15 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The disclosure is objected to because of the following informalities:
[0055]: "inserted the body" should read "inserted into the body"
[0082]: "FIG. 7 illustrate examples of stick" should read "FIG. 7 illustrates examples of a stick"
[0088]: change all instances of "SS243" to "S243"
[0092, 0097, 00100]: "heater 13" should read "heater 18"
[00109]: "the capsule S23" should read "the capsule 23"
[00111]: "one of ordinary skill in the art related to present embodiment" is unclear
[00147]: "charge the power 11" should read "charge the power source 11"
[00196, 0197]: "the protection circuit 9310" should read "the protection circuit 930"
Appropriate correction is required.
Claim Objections
Claim 3 is objected to because of the following informalities:
Line 3: "applied the first" should read "applied to the first"
Appropriate correction is required.
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.
Claim 1, 2, 4, 5, 10, 11, 12, 14, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lim (KR 20210101043 A, hereinafter citations referring to English language equivalent US 20220295902 A1 and as cited in IDS dated 12/27/2024).
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With regard to Claim 1, Lim, directed to an aerosol generating device, teaches (i) a device comprising a heating unit, comprising a heater [0078], configured to heat an aerosol generating material [0014]. (ii) A battery is configured to supply power to heat the heater [0014] through a charging integrated chip (IC) [0110-0111]. (iii) A load switch receives power from the battery [0021] and transmits the received power to the heater [0021]. The load switch (Fig. 8: # 821) may receive a control signal from a protection circuit controller (Fig. 8: #822, [0130]). The load switch may be controlled to be turned on or off according to the control signal of the protection circuit controller [0131].
While Lim does not specifically disclose three terminals, it is inherent that the terminals must necessarily be present because the load switch receives power from the power supply, transmits the received power to the heating unit, and receives a control signal from the protection circuit controller [0021, 0131]. These three distinct connections correspond to the claimed first, second, and third terminals. (iv) An MCU (Fig. 8: #810) controls the amount of power supplied to a heating unit (Fig. 8: #830, [0112]). (v) The protection circuit (Fig. 8: #820) comprises the load switch (Fig. 8: #821) and the protection circuit controller (Fig. 8: #822, [0113]), wherein the load switch (Fig. 8: # 821) may receive or deliver a control signal from or to the protection circuit controller (Fig. 8: #822, [0131, 0133]).
With regard to Claim 2, Lim teaches an algorithm for monitoring abnormal operation of the heating unit, including detecting when an overcurrent flows through the heating unit [0086]. Lim further teaches that when the monitored condition exceeds an upper threshold corresponding to an overcurrent condition [0134], the protection circuit controller controls the load switch to stop supplying power to the heating unit [0136].
With regard to Claim 4, Lim teaches wherein when an operation period of the heating unit exceeds a first threshold value, the protection circuit controller may control the load switch to stop supply of power to the heating unit [0139].
With regard to Claim 5, Lim teaches wherein the protection circuit controller acquires a duty ratio of power supplied to the heating unit from MCU through a comparator [0123-0125]. When the comparator determines whether the duty ratio remains at the same value for a certain time, the protection circuit controller may control the load switch to stop the supply of power to the heating unit [0140].
With regard to Claim 10, Lim teaches wherein the MCU is configured to control the amount of power supplied to the heating unit using a PID control method [0126], wherein PID corresponds to a proportional-integral-differential algorithm [0023].
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With regard to Claim 11, Lim teaches (i) wherein a load switch receives power from a charging IC and transmits the power received from the charging IC to a heating unit [0130], comprising a heater [0078]. The load switch (Fig. 8: # 821) may receive an additional control signal from a protection circuit controller (Fig. 8: #822, [0130]). The load switch may be controlled to be turned on or off according to the control signal of the protection circuit controller [0131].
While Lim does not specifically disclose three terminals it is inherent that the terminals must necessarily be present because the load switch receives power from the power supply, transmits the received power to the heating unit, and receives a control signal from the protection circuit controller [0021, 0131]. These three distinct connections correspond to the claimed first, second, and third terminals. (ii) Lim further teaches monitoring wherein when power associated with the heating unit is outside a preset range, the load switch generates an error signal and the protection circuit controller controls the load switch to stop power from being supplied to the heating unit [0020].
With regard to Claim 12, Lim teaches an algorithm for monitoring abnormal operation of the heating unit, including detecting when an overcurrent flow through the heating unit [0086]. Lim further teaches that when the monitored condition exceeds an upper threshold corresponding to an overcurrent condition [0134], the protection circuit controller controls the load switch to stop supplying power to the heating unit [0136].
With regard to Claim 14, Lim teaches measuring an operation period of the heating unit [0139]. When an operation period of the heating unit exceeds a first threshold value, the protection circuit controller may control the load switch to stop supply of power to the heating unit [0139].
With regard to Claim 15, Lim teaches acquiring a duty ratio of power supplied to the heater [0026]. The protection circuit controller acquires a duty ratio of power supplied to the heating unit from MCU through a comparator [0123-0125]. When the comparator determines whether the duty ratio remains at the same value for a certain time, the protection circuit controller may control the load switch to stop the supply of power to the heating unit [0140].
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.
Claims 3, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Lim (KR 20210101043 A, hereinafter citations referring to English language equivalent US 20220295902 A1 and both as cited in IDS dated 12/27/2024), as applied to claims 1 and 2 above, and further in view of Fisher (US 20210321489 A1, as cited in IDS dated 12/27/2024).
With regard to Claim 3, Lim teaches all the limitations of the claims as set forth above, however Lim is silent to:
Wherein the protection circuit is further configured to output a first enable signal turning off an electrical connection between the first terminal and the second terminal when a voltage applied to the first terminal exceeds a second threshold value
Fisher, directed to an electronic nicotine delivery system, teaches protection circuitry configured to monitor an operational parameter, including voltage [0007]. The measured voltage is compared with a predetermined threshold [0007]. If the monitored voltage is outside of an expected operated range, the protection circuitry can disable functionality of the device, specifically in heater path signals of the device [0057]. One of ordinary skill in the art would have been motivated to modify the monitoring of the load switch terminals of Lim with the voltage monitoring of Fisher to improve vaporizer operation and provide failsafe features for the device [0036].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the protection circuit of modified Lim to wherein the protection circuit is further configured to output a first enable signal turning off an electrical connection between the first terminal and the second terminal when a voltage applied to the first terminal exceeds a second threshold value because both Lim and Fisher are directed to controlling and protection operation of a heater in an aerosol generating device. Fisher teaches wherein protection circuitry may compare a measured voltage to a threshold and disable heater signals based on the result to improve vaporizer operation and provide failsafe features for the device [0036] and this merely involves applying a known controlling technique to a known aerosol generating device, ready for improvement, to yield predictable results.
With regard to Claim 6, Lim teaches wherein the device may include a display capable of outputting visual and/or a motor for outputting haptic information [0057]. Lim teaches all the limitations of the claims as set forth above, however Lim is silent to:
Wherein the controller is further configured to notify, through the output unit, that the aerosol generating device is in a temporary stop state, when the protection circuit outputs the first enable signal
Fisher teaches wherein feedback can be provided to a user in the form of visual, auditory, or tactile feedback [01110]. Protection circuitry may be configured to output feedback in the form of an alarm signal when an abnormal operating condition is detected, in which circuitry is disconnected and stops certain operating conditions of the device [0054, 0060]. One of ordinary skill in the art would have been motivated to apply this condition to the display of Lim to allow the user to know current power states of the device [0041-0042].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of modified Lim to be configured to notify, through the output unit, that the aerosol generating device is in a temporary stop state, when the protection circuit outputs the first enable signal because both Lim and Fisher are directed to controlling and protection operation of a heater in an aerosol generating device. Fisher teaches wherein a protection circuit may provide feedback when abnormal conditions are detected and operation conditions of the device are stopped to allow the user to know current power states of the device [0041-0042] and this merely involves applying a known feedback feature to a known aerosol generating device, ready for improvement, to yield predictable results.
With regard to Claim 7, Lim teaches wherein the device may include a display capable of outputting visual and/or a motor for outputting haptic information [0057].
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Lim (KR 20210101043 A, hereinafter citations referring to English language equivalent US 20220295902 A1 and both cited in IDS dated 12/27/2024), as applied to claims 1 and 2 above, and further in view of Li (CN 112315031 A, hereinafter citations referring to English Machine Translation).
With regard to Claim 8, Lim teaches wherein the device may include a cigarette insertion detecting sensor [0057]. Lim further teaches that the MCU may control operation of the heating unit [0112] and be connected to the protection circuit [0113]. The protection circuit may comprise a protection circuit controller that receives a control signal from the MCU [0133] and controls the load switch being turned on or off, wherein turning the load switch controls the supply of power to the heating unit [0130-0131]. Lim teaches all the limitations of the claims as set forth above, however Lim is silent to:
Wherein the controller is further configured to control the protection circuit to output a second enable signal turning on an electrical connection between the first terminal and the second terminal, when re-insertion of the stick to the insertion space is detected
Li, directed to a cigarette detection method, teaches wherein a microcontroller can be used to control a heating device to run a control function corresponding to the cigarette status in order to control the heating process of the cigarette [0079]. Li further teaches detecting both insertion and removal of the cigarette, comprising a rising edge signal and a falling edge signal [00 28-0030]. Following detection of removal, a subsequently detected insertion would correspond to re-insertion of the cigarette. One of ordinary skill in the art would have found it obvious to include Li’s detected insertion state as an input to Lim's MCU and protection circuit arrangement following re-insertion of a cigarette, to improve the controllability and safety of the device [0080].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of modified Lim to be configured to control the protection circuit to output a second enable signal turning on an electrical connection between the first terminal and the second terminal, when re-insertion of the stick to the insertion space is detected because both Lim and Li are directed to cigarette insertion detecting in aerosol generating devices. Li teaches a cigarette detection method that controls the heating process of a cigarette to improve the controllability and safety of the device [0080] and this merely involves applying a known sensing technique to a known device ready for improvement to yield predictable results.
With regard to Claim 9, Lim teaches wherein the device may include a cigarette insertion detecting sensor [0057]. Modified Lim teaches all the limitations of the claims as set forth above, however modified Lim is silent to:
Wherein detection is based on a dielectric constant change inside the insertion space
Li teaches a cigarette detection method by measuring capacitance changes caused by a change in the relative dielectric constant at the heating nozzle [0055], wherein the cigarette is inserted or removed from the heating nozzle [0053]. One of ordinary skill in the art would have been motivated to modify Lim to wherein detection is based on a dielectric constant to support intelligent heating control and accidental activation of heating [0080].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the insertion detection sensor of modified Lim to wherein detection is based on a dielectric constant change inside the insertion space because both Lim and Li are directed to cigarette insertion detecting in aerosol generating devices. Li teaches a cigarette detection method that measures a change in a dielectric constant to determine cigarette insertion to support intelligent heating control and accidental activation of heating [0080] and this merely involves applying a known sensing technique to a known device ready for improvement to yield predictable results.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Lim (KR 20210101043 A, hereinafter citations referring to English language equivalent US 20220295902 A1 and both cited in IDS dated 12/27/2024), as applied to claim 11 above, and further in view of Fisher (US 20210321489 A1, as cited in IDS dated 12/27/2024).
With regard to Claim 13, Lim teaches all the limitations of the claims as set forth above, however Lim is silent to:
Measuring a voltage applied to the first terminal
Comparing the voltage with a second threshold value
The preventing comprises turning off an electrical connection between the first terminal and the second terminal, when the voltage exceeds the second threshold value
Fisher, directed to an electronic nicotine delivery system, teaches (i) protection circuitry configured to monitor an operational parameter, including voltage [0007]. (ii) The measured voltage is compared with a predetermined threshold [0007]. (iii) If the monitored voltage is outside of an expected operated range, the protection circuitry can disable functionality of the device, specifically in heater path signals [0057]. One of ordinary skill in the art would have been motivated to modify the monitoring of the load switch terminals of Lim with the voltage monitoring of Fisher to improve vaporizer operation and provide failsafe features for the device [0036].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify monitoring of modified Lim to comprise measuring a voltage applied to the first terminal; comparing the voltage with a second threshold value; and wherein the preventing comprises turning off an electrical connection between the first terminal and the second terminal, when the voltage exceeds the second threshold value because both Lim and Fisher are directed to controlling and protection operation of a heater in an aerosol generating device. Fisher teaches wherein protection circuitry may compare a measured voltage to a threshold and disable heater signals based on the result to improve vaporizer operation and provide failsafe features for the device [0036] and this merely involves applying a known power control technique to a known aerosol generating device, ready for improvement, to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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