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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, 4-7, 9-10 and 13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Achtien et al. (U.S. Publication No. 20200352249).
Regarding claim 1, Achtien teaches an electronic vaping device comprising: a heating element (Figs.1-3, 118) configured to elevate a temperature of a liquid and convert a portion of the liquid into a vapor to be inhaled by a user of the electronic vaping device (Paragraphs 57-58); a controller (Figs.1-3, 105) that controls delivery of electric energy from a power source to the heating element according to an input from the user (Paragraphs 57-60); a sensor system that measures at least a first operational parameter of the heating element during operation of the heating element to convert the portion of the liquid into the vapor (Paragraphs 91 and 96); a computer-readable medium in local communication with the controller, wherein the computer-readable medium stores: (i) reservoir information indicative of a configuration of a reservoir storing the liquid (Paragraph 114), and (ii) a plurality of operational parameters of the electronic vaping device for each of a plurality of puffs, the operational parameters comprising at least the first operational parameter (Paragraphs 123-124); and a communication interface in communication with the computer-readable medium to transmit the reservoir information and the plurality of operational parameters of the electronic vaping device for the plurality of puffs to a remote computer terminal (Paragraphs 124 and 175-176).
Regarding claim 2, Achtien teaches a reservoir that stores the liquid, wherein the heating element is enclosed by a portion of the reservoir and is separable from the controller as a portion of the reservoir (Paragraphs 55-57).
Regarding claim 4, Achtien teaches wherein the sensor system comprises a resistance sensor that measures a resistance of the heating element as the first operational parameter (Paragraphs 91 and 96).
Regarding claim 5, Achtien teaches wherein the plurality of operational parameters further comprises a value indicative of electric power supplied to the heating element for each of the plurality of puffs (Paragraphs 92 and 176).
Regarding claim 6, Achtien teaches wherein the sensor system further comprises an airflow sensor that measures a property of an airflow drawn over the heating element during each of the plurality of puffs (Paragraphs 58 and 105).
Regarding claim 7, Achtien teaches wherein the sensor system measures a temperature of the heating element as a function of the measured resistance of the heating element during operation (Paragraph 96).
Regarding claim 9, Achtien teaches wherein the operational parameters stored by the computer-readable medium comprises a time associated with each of the plurality of puffs (Paragraphs 175-176).
Regarding claim 10, Achtien teaches wherein the time comprises at least one of: a start time, and end time, and a duration of each of the plurality of puffs (Paragraphs 175-176).
Regarding claim 13, Achtien teaches wherein the sensor system further comprises an airflow sensor that measures a property of an airflow drawn over the heating element during each of the plurality of puffs (Paragraphs 58 and 105).
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 3 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Achtien et al. (U.S. Publication No. 20200352249) in view of Szabo et al. (U.S. Publication No. 20190098934).
Regarding claim 3, Achtien teaches all the features of claim 2 as outlined above, Achtien is silent about a wicking material that transports the portion of the fluid stored by the reservoir to the heating element.
Szabo teaches a wicking material that transports the portion of the fluid stored by the reservoir to the heating element (Paragraphs 51 and 58).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to include a wicking material in Achtien’s vaporizer because the wicking material prevents the heater from scorching and enables a continuous, smooth conversion of liquid into inhalable vapor
Regarding claim 8, Achtien teaches all the features of claim 7 as outlined above, Achtien is silent about wherein the temperature measured by the sensor system is a peak temperature of the heating element reached during each of the plurality of puffs.
Szabo teaches wherein the temperature measured by the sensor system is a peak temperature of the heating element reached during each of the plurality of puffs (Paragraphs 50-58).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to measure the peak temperature of Achtien’s heating element because measuring the peak temperature of a heating element in a vaporizer ensures the device effectively vaporizes active ingredients while preventing dangerous combustion or thermal degradation.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Achtien et al. (U.S. Publication No. 20200352249) in view of Bellinger et al. (U.S. Publication No. 20130104916).
Regarding claim 11, Achtien teaches all the features of claim 1 as outlined above, Achtien is silent about wherein the sensor system comprises a power sensor that measures electric power supplied to the heating element as the first operational parameter for each of the plurality of puffs.
Bellinger teaches wherein the sensor system comprises a power sensor that measures electric power supplied to the heating element as the first operational parameter for each of the plurality of puffs (Paragraphs 38-39 and 44).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate a power sensor into Achtien’s vaporizer to measure electric power supplied to Achtien’s heating element because it could be used to regulate a power output from a power source.
Regarding claim 12, the combination of Achtien and Bellinger teaches all the features of claim 11 as outlined above, Bellinger further teaches wherein the power sensor is integrated as a portion of the controller (Paragraphs 38-47).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to incorporate a power sensor into Achtien’s vaporizer to measure electric power supplied to Achtien’s heating element because it could be used to regulate a power output from a power source.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to XIN Y ZHONG whose telephone number is (571)272-3798. The examiner can normally be reached M-F 9 a.m. - 6 p.m..
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kristina Deherrera can be reached at 303-297-4237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/XIN Y ZHONG/ Primary Examiner, Art Unit 2855
Prosecution Insights