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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 44-47, 52, 56-61 and 63 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-7, 9, 10, 11-13, 16, 17 and 19 of U.S. Patent No. 12,251,509. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 44, the US Patent discloses a system comprising: a converter configured to electrically couple to a power source and to a heating element of a vaporizer atomizer, the converter further configured to receive a first voltage from the power source and provide a second voltage to the heating element, the converter comprising a direct-current to direct-current converter; and circuitry configured to electrically couple to the heating element, measure a current through the heating element and/or a voltage over the heating element, calculate a power and/or a resistance, and output a control signal to the converter, wherein the converter is configured to be controlled by the control signal to vary the second voltage to maintain a target power or a target temperature over the heating element, and wherein the circuitry includes a 3-wire connection or a 4-wire connection to measure the voltage over the heating element (see claims 13 and 16);
Regarding claim 45, the US Patent discloses the converter includes a step-up and/or a step-down converter, the converter including an energy storage device (see claim 17);
Regarding claim 46, the US Patent discloses the energy storage device includes capacitors in a switched-capacitors topology or a charge-pump topology (see claim 17);
Regarding claim 47, the US Patent discloses the energy storage device includes an inductor (see claim 17);
Regarding claim 52, the US Patent discloses the converter is configured to provide power uninterrupted to the heating element during a heating cycle (see claim 19);
Regarding claim 56, the US Patent discloses a method comprising: supplying a current by a converter configured to electrically couple to a power source and to a heating element, the converter further configured to receive a first voltage from the power source and provide a second voltage to the heating element, the converter comprising a direct-current to direct-current converter; measuring a voltage over the heating element and/or a current through the heating element, wherein measuring the voltage over the heating element includes measuring the voltage over the heating element using a 3-wire or a 4-wire connection; calculating a power and/or a resistance; and varying the second voltage to maintain a target power or a target temperature over the heating element (see claims 1 and 3; claims 7 and 9);
Regarding claim 57, the US Patent discloses the converter includes a step-up and/or a step-down converter, the converter including an energy storage device (see claim 4; claim 10);
Regarding claim 58, the US Patent discloses the energy storage device includes capacitors in a switched-capacitors topology or a charge-pump topology (see claim 4; claim 10);
Regarding claim 59, the US Patent discloses the energy storage device includes an inductor (see claim 4; claim 10);
Regarding claim 60, the US Patent discloses the converter is configured to provide power uninterrupted to the heating element during a heating cycle (see claim 5; claim 11);
Regarding claim 61, the US Patent discloses determining, based on variations in the measured current, a variation in a contact resistance of a contact between the converter and the heating element (see claim 6; claim 12);
Regarding claim 63, the US Patent discloses measuring the voltage over the heating element includes continuously measuring the voltage over the heating element without interrupting power to the heating element (see claim 5; claim 11).
Claims 44-53, 56-58, 60 and 61 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-10, 13-17, 21, 22 and 25 of U.S. Patent No. 11,590,296. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Regarding claim 44, the US Patent discloses a system comprising: a converter configured to electrically couple to a power source and to a heating element of a vaporizer atomizer, the converter further configured to receive a first voltage from the power source and provide a second voltage to the heating element, the converter comprising a direct-current to direct-current converter; and circuitry configured to electrically couple to the heating element, measure a current through the heating element and/or a voltage over the heating element, calculate a power and/or a resistance, and output a control signal to the converter, wherein the converter is configured to be controlled by the control signal to vary the second voltage to maintain a target power or a target temperature over the heating element, and wherein the circuitry includes a 3-wire connection or a 4-wire connection to measure the voltage over the heating element (see claims 1, 13 and 14);
Regarding claim 45, the US Patent discloses the converter includes a step-up and/or a step-down converter, the converter including an energy storage device (see claim 2);
Regarding claim 46, the US Patent discloses the energy storage device includes capacitors in a switched-capacitors topology or a charge-pump topology (see claim 3);
Regarding claim 47, the US Patent discloses the energy storage device includes an inductor (see claim 4);
Regarding claim 48, the US Patent discloses the circuitry includes analog circuitry forming a closed-loop control (see claim 5);
Regarding claim 49, the US Patent discloses the circuitry includes: analog front end circuitry configured to measure the current through the heating element and the voltage over the heating element; and a digitizer including circuitry configured to provide the control signal based on the measured current through the heating element and the measured voltage over the heating element (see claim 6);
Regarding claim 50, the US Patent discloses the digitizer is configured to provide the control signal as a pulse width modulated signal, a digital to analog converted signal, or an inter-integrated circuit formatted signal (see claim 7);
Regarding claim 51, the US Patent discloses the circuitry is configured to measure the current and the voltage continuously without interrupting power to the heating element (see claim 8);
Regarding claim 52, the US Patent discloses the converter is configured to provide power uninterrupted to the heating element during a heating cycle (see claim 9);
Regarding claim 53, the US Patent discloses the circuitry is configured to determine, based on variations in the measured current, a variation in a contact resistance of a contact between the converter and the heating element (see claim 10);
Regarding claim 56, the US Patent discloses a method comprising: supplying a current by a converter configured to electrically couple to a power source and to a heating element, the converter further configured to receive a first voltage from the power source and provide a second voltage to the heating element, the converter comprising a direct-current to direct-current converter; measuring a voltage over the heating element and/or a current through the heating element, wherein measuring the voltage over the heating element includes measuring the voltage over the heating element using a 3-wire or a 4-wire connection; calculating a power and/or a resistance; and varying the second voltage to maintain a target power or a target temperature over the heating element (see claims 15 and 25);
Regarding claim 57, the US Patent discloses the converter includes a step-up and/or a step-down converter, the converter including an energy storage device (see claim 16);
Regarding claim 58, the US Patent discloses the energy storage device includes capacitors in a switched-capacitors topology or a charge-pump topology (see claim 4; claim 17);
Regarding claim 60, the US Patent discloses the converter is configured to provide power uninterrupted to the heating element during a heating cycle (see claim 21);
Regarding claim 61, the US Patent discloses determining, based on variations in the measured current, a variation in a contact resistance of a contact between the converter and the heating element (see claim 22).
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 of this title, 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 44, 45, 47-53, 56, 57 and 60-63 are rejected under 35 U.S.C. 103 as being unpatentable over Robert et al. (US 2020/0046033), hereinafter Robert, in view of James et al. (US 2021/0274842), hereinafter James.
Regarding claim 44, Robert discloses (see figures 1-6) a system (figure 2) comprising: a converter (figure 2, part DC/DC converter 32) (paragraph [0069]; DC/DC converter 32) configured to electrically couple to a power source (figure 2, part 2) and to a heating element (figure 2, part heater 4) of a vaporizer atomizer (figure 1, part aerosol generating device)(paragraph [0083]; the aerosol generating device of FIG. 1 may function by supplying power to a heater only in response to user inhalations), the converter (figure 2, part DC/DC converter 32) further configured to receive a first voltage (figure 2, part Vbat) from the power source (figure 2, part 2) and provide a second voltage (figure 2, part Vheater) to the heating element (figure 2, part heater 4), the converter (figure 2, part DC/DC converter 32) comprising a direct-current to direct-current converter (figure 2, part DC/DC converter 32); and circuitry (figure 2, parts 30 and 34) configured to electrically couple to the heating element (figure 2, part heater 4; through Vheater and Iheater measurements 34), measure a current (figure 2, part Iheater measurement 34) through the heating element (figure 2, part heater 4) and/or a voltage (figure 2, part Vheater measurement input to 30) over the heating element (figure 2, part heater 4) (paragraph [0071]; the microcontroller receives a measurement of Vheater and a measurement of the current through the heater), calculate a resistance (figures 4 and 5, part 52/62; Rheater_real calculation), and output a control signal (figure 2, part 30; output control signal to 32) to the converter (figure 2, part DC/DC converter 32), wherein the converter (figure 2, part DC/DC converter 32) is configured to be controlled by the control signal (figure 2, part 30; output control signal to 32) to vary the second voltage (figure 2, part Vheater) to maintain a target temperature (figure 3, part target temperature and Vheater based on look-up table 43) over the heating element (figure 2, part heater 4) (paragraphs [0071]-[0080]; the microcontroller controls the digitally controlled DC/DC converter in order that the heater follows a desired temperature profile), and wherein the circuitry (figure 2, parts 30 and 34) measure the voltage (figure 2, part Vheater measurement input to 30) over the heating element (figure 2, part heater 4) (paragraph [0071]; the microcontroller receives a measurement of Vheater and a measurement of the current through the heater).
Robert does not expressly disclose a 4-wire connection to measure the voltage.
James teaches (see figures 1-7) a 4-wire connection (figures 3a/b, part through sensing terminals 17) (paragraph [0105]; the second pair of electrical connectors 17 are configured to measure a voltage between the first and the second power terminals 45a, 45b. In other words, the power circuit may be a current carrying circuit for powering the heating element 36 with energy from the main body 4, and the measuring circuit may be a voltage sensing circuit. Such a measuring configuration, which is sometimes referred to as “four terminal sensing” or “Kelvin sensing”, allows a determination of the impedance/resistance of the heating element 36 or, more precisely, of the circuit between the two power connectors 45 including the heating element 36 from the measured voltage) to measure the voltage over the heating element (figure 7, part heater 36).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to configure the voltage measurements of Robert with the 4-wire connection measurement features as taught by James and obtain a system comprising: a converter configured to electrically couple to a power source and to a heating element of a vaporizer atomizer, the converter further configured to receive a first voltage from the power source and provide a second voltage to the heating element, the converter comprising a direct-current to direct-current converter; and circuitry configured to electrically couple to the heating element, measure a current through the heating element and/or a voltage over the heating element, calculate a power and/or a resistance, and output a control signal to the converter, wherein the converter is configured to be controlled by the control signal to vary the second voltage to maintain a target power or a target temperature over the heating element, and wherein the circuitry includes a 3-wire connection or a 4-wire connection to measure the voltage over the heating element, because it provides more accurate voltage measurement in order to obtain more efficient control (paragraph [0105]). Additional, the Applicant presented the 4-wire connection as design option with 2-wire and 3-wire connection (paragraph [0085]; in some implementations, the current subject matter can utilize a 4-wire (Kelvin) connection (e.g., four contacts 235) for accurate voltage measurement over the heating element 225. In some implementations, the current subject matter can utilize a 2-wire pod connection (e.g., two contacts 235) or 3-wire connection).
Regarding claim 45, Robert and James teach everything claimed as applied above (see claim 44). Further, Robert discloses (see figures 1-6) the converter (figure 2, part 32) includes a step-up and/or a step-down converter (figure 2, part 32) (paragraph [0069]; the DC/DC converter is a buck, or step-down, converter so that Vheater is lower than or equal to Vbat. But the invention may be implemented using, for example, a boost converter or a buck-boost converter or a combination of power converter stages), the converter (figure 2, part 32) including an energy storage device (figure 2, part 32; inductor presented in buck, boost or buck-boost converters).
Regarding claim 47, Robert and James teach everything claimed as applied above (see claim 45). Further, Robert discloses (see figures 1-6) the energy storage device (figure 2, part 32; inductor presented in buck, boost or buck-boost converters) includes an inductor (figure 2, part 32; inductor presented in buck, boost or buck-boost converters).
Regarding claim 48, Robert and James teach everything claimed as applied above (see claim 44). Further, Robert discloses (see figures 1-6) the circuitry (figure 2, parts 30 and 34) includes analog circuitry (figure 2, parts shunt resistor 34) forming a closed-loop control (paragraph [0071]; a closed-loop control scheme is used based on the heater resistance).
Regarding claim 49, Robert and James teach everything claimed as applied above (see claim 44). Further, Robert discloses (see figures 1-6) the circuitry (figure 2, parts 30 and 34) includes: an analog front end circuitry (figure 2, parts 30; analog front end that receive analog Vheater and Iheater detection 34) configured to measure the current (figure 2, part Iheater measurement 34) through the heating element (figure 2, part 4) and the voltage (figure 2, part Vheater measurement input to 30) over the heating element (figure 2, part 4) (paragraph [0071]; the microcontroller receives a measurement of Vheater and a measurement of the current through the heater); and a digitizer (figure 2, part 30) (paragraph [0071]; the microcontroller 30 controls the digitally controlled DC/DC converter 32) including circuitry configured to provide the control signal (figure 2, part 30; output control signal to 32) based on the measured current (figure 2, part Iheater measurement 34) through the heating element (figure 2, part 4) and the measured voltage (figure 2, part Vheater measurement input to 30) over the heating element (figure 2, part 4).
Regarding claim 50, Robert and James teach everything claimed as applied above (see claim 49). Further, Robert discloses (see figures 1-6) the digitizer (figure 2, part 30) is configured to provide the control signal (figure 2, part 30; output control signal to 32) as a pulse width modulated signal (paragraph [0021]; the microcontroller 30 may additionally be configured to adjust an average current supplied to the resistive heater from the DC/DC converter by controlling the operation of a switch connected in series with the resistive heater and the DC/DC converter. The microcontroller may be configured to use pulse width modulation control of the switch. So the microcontroller may be configured to operate a PWM control scheme in addition to control using the DC/DC converter).
Regarding claim 51, Robert and James teach everything claimed as applied above (see claim 44). Further, Robert discloses (see figures 1-6) the circuitry (figure 2, parts 30 and 34) measures the current (figure 2, part Iheater measurement 34) and the voltage (figure 2, part Vheater measurement input to 30) continuously without interrupting power to the heating element (figure 2, part 4) (figure 3) (paragraph [0071]; the microcontroller controls the digitally controlled DC/DC converter in order that the heater follows a desired temperature profile. In this embodiment, a closed-loop control scheme is used based on the heater resistance… The microcontroller receives a measurement of Vheater and a measurement of the current through the heater).
Regarding claim 52, Robert and James teach everything claimed as applied above (see claim 44). Further, Robert discloses (see figures 1-6) the converter (figure 2, part 32) is configured to provide power uninterrupted to the heating element (figure 2, part 4) during a heating cycle (figures 2 and 3, parts temperature and Vheater uninterrupted; the microcontroller 30 controls the digitally controlled DC/DC converter 32 in order that the heater follows a desired temperature profile) (paragraph [0071]).
Regarding claim 53, Robert and James teach everything claimed as applied above (see claim 44). Further, Robert discloses (see figures 1-6) the circuitry (figure 2, parts 30 and 34) is configured to determine (figure 2, parts 30), based on variations in the measured current (figure 2, part Iheater measurement 34), a variation in a contact resistance (figures 5 and 6, part 52/62; Rheater_real calculation) of a contact between the converter (figure 2, parts 32) and the heating element (figure 2, parts 4) (paragraph [0076]; in a first step 50, the measurement of the current through the heater and the measurement of Vheater are received. In a second step 52, the measurements are used to calculate the electrical resistance of the heater).
Regarding claim 56, claim 44 has the same limitations, except that is not a method claim, based on this is rejected for the same reasons.
Regarding claim 57, claim 45 has the same limitations, except that is not a method claim, based on this is rejected for the same reasons.
Regarding claim 60, claim 52 has the same limitations, except that is not a method claim, based on this is rejected for the same reasons.
Regarding claim 61, claim 53 has the same limitations, except that is not a method claim, based on this is rejected for the same reasons.
Regarding claim 62, claim 51 has the same limitations, except that is not a method claim, based on this is rejected for the same reasons.
Regarding claim 63, claim 51 has the same limitations, except that is not a method claim, based on this is rejected for the same reasons.
Claims 54 and 55 are rejected under 35 U.S.C. 103 as being unpatentable over Robert et al. (US 2020/0046033), hereinafter Robert, in view of James et al. (US 2021/0274842), hereinafter James, and further in view of Cai et al. (US 2015/0357839), hereinafter Cai.
Regarding claim 54, Robert discloses (see figures 1-6) an integrated converter (figures 1 and 2, part 3), comprising: a converter (figure 2, part DC/DC converter 32) (paragraph [0069]; DC/DC converter 32) configured to electrically couple to a power source (figure 2, part 2) and to a heating element (figure 2, part heater 4) of a vaporizer atomizer (figure 1, part aerosol generating device)(paragraph [0083]; the aerosol generating device of FIG. 1 may function by supplying power to a heater only in response to user inhalations), the converter (figure 2, part DC/DC converter 32) further configured to receive a first voltage (figure 2, part Vbat) from the power source (figure 2, part 2) and provide a second voltage (figure 2, part Vheater) to the heating element (figure 2, part heater 4), the converter (figure 2, part DC/DC converter 32) comprising a direct-current to direct-current converter (figure 2, part DC/DC converter 32), circuitry (figure 2, parts 30 and 34) configured to electrically couple to the heating element (figure 2, part heater 4; through Vheater and Iheater measurements 34), measure a current (figure 2, part Iheater measurement 34) through the heating element (figure 2, part heater 4) and/or a voltage (figure 2, part Vheater measurement input to 30) over the heating element (figure 2, part heater 4) (paragraph [0071]; the microcontroller receives a measurement of Vheater and a measurement of the current through the heater), calculate a resistance (figures 4 and 5, part 52/62; Rheater_real calculation), and output a control signal (figure 2, part 30; output control signal to 32) to the converter (figure 2, part DC/DC converter 32), wherein the converter (figure 2, part DC/DC converter 32) is configured to be controlled by the control signal (figure 2, part 30; output control signal to 32) to vary the second voltage (figure 2, part Vheater) to maintain a target temperature (figure 3, part target temperature and Vheater based on look-up table 43) over the heating element (figure 2, part heater 4) (paragraphs [0071]-[0080]; the microcontroller controls the digitally controlled DC/DC converter in order that the heater follows a desired temperature profile), and wherein the circuitry (figure 2, parts 30 and 34) measure the voltage (figure 2, part Vheater measurement input to 30) over the heating element (figure 2, part heater 4) (paragraph [0071]; the microcontroller receives a measurement of Vheater and a measurement of the current through the heater).
Robert does not expressly disclose a charger configured to electrically couple to the power source to charge the power source; a 4-wire connection to measure the voltage.
James teaches (see figures 1-7) a 4-wire connection (figures 3a/b, part through sensing terminals 17) (paragraph [0105]; the second pair of electrical connectors 17 are configured to measure a voltage between the first and the second power terminals 45a, 45b. In other words, the power circuit may be a current carrying circuit for powering the heating element 36 with energy from the main body 4, and the measuring circuit may be a voltage sensing circuit. Such a measuring configuration, which is sometimes referred to as “four terminal sensing” or “Kelvin sensing”, allows a determination of the impedance/resistance of the heating element 36 or, more precisely, of the circuit between the two power connectors 45 including the heating element 36 from the measured voltage) to measure the voltage over the heating element (figure 7, part heater 36).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to configure the voltage measurements of Robert with the 4-wire connection measurement features as taught by James, because it provides more accurate voltage measurement in order to obtain more efficient control (paragraph [0105]). Additional, the Applicant presented the 4-wire connection as design option with 2-wire and 3-wire connection (paragraph [0085]; in some implementations, the current subject matter can utilize a 4-wire (Kelvin) connection (e.g., four contacts 235) for accurate voltage measurement over the heating element 225. In some implementations, the current subject matter can utilize a 2-wire pod connection (e.g., two contacts 235) or 3-wire connection).
Cai teaches (see figures 1-6) a charger (figure 6, parts charger between Q3 to C3) configured to electrically couple to the power source (figure 6, part Lithium Battery) to charge the power source (figure 6, part Lithium Battery [Charge Mode]; when the connector B is electrically coupled to an adapter, the charger between Q3 to C3 charges the Lithium Battery) (paragraph [0072]-[0076]; paragraph [0072]-[0076]; the adapter detection circuit 501 detects whether the connector is electrically coupled to the adapter. When the connector is electrically coupled to the adapter, the adapter detection circuit 501 generates an input detection signal Vs for the charge and discharge control circuit 502. The charge and discharge control circuit 502 receives the input detection signal Vs, determines that the connector has been electrically coupled to the adapter, and then performs a charging process of the lithium battery Li… when the lithium battery is charged, the output voltage control circuit 504 turns on the third power switch Q3, and the charge and discharge control circuit 502 controls on and off states of the first power switch Q1 and the second power switch Q2 to charge the lithium battery in a buck mode [use the inductor L7]).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to configure the combination of Robert and James with the charger features as taught by Cai and obtain an integrated converter, comprising: a converter configured to electrically couple to a power source and to a heating element of a vaporizer atomizer, the converter further configured to receive a first voltage from the power source and provide a second voltage to the heating element, the converter comprising a direct-current to direct-current converter, a circuitry configured to electrically couple to the heating element, measure a current through the heating element, and/or a voltage over the heating element, calculate a power and/or a resistance, and output a control signal to the converter, and a charger configured to electrically couple to the power source to charge the power source, wherein the converter is configured to be controlled by the control signal to vary the second voltage to maintain a target power or a target temperature over the heating element, wherein the circuitry includes a 3-wire connection or a 4-wire connection to measure the voltage over the heating element, because it provides reliable power system and simplifies a control process, reduces manufacturer cost, and has an improved effect (paragraph [0081]).
Regarding claim 55, Robert, James and Cai teach everything claimed as applied above (see claim 54). Further, Robert discloses (see figures 1-6) the converter (figure 2, part DC/DC converter 32) include an inductor (figure 2, part inductor of typical buck, boost or buck-boost configuration in the DC/DC converter 32) to power the heating element (figure 2, part heater 4) (paragraph [0069]; the DC/DC converter is a buck, or step-down, converter so that Vheater is lower than or equal to Vbat. But the invention may be implemented using, for example, a boost converter or a buck-boost converter or a combination of power converter stages). However, Robert does no expressly disclose the charger include an inductor in common to charge the power source.
Cai teaches (see figures 1-6) the converter and the charger (figure 6, part converter between C3 to Q3 and charger generated between Q3 to C3) include an inductor in common (figure 6, part L7) to power the heating element (figure 6, part heating element from atomizer connected to terminal B [Discharge Mode]; when the connector B is electrically coupled to the atomizer, the converter between C3 to Q3 power the heating element) (paragraph [0077]-[0080]; when a user needs to use an electronic cigarette, the atomizer is electrically coupled to the connector, and the integrated circuit 200 starts a discharging process … The discharging process means a process in which electric energy from the lithium battery is converted and supplied to the atomizer) and to charge the power source (figure 6, part Lithium Battery [Charge Mode]; when the connector B is electrically coupled to an adapter, the charger between Q3 to C3 charges the Lithium Battery) (paragraph [0081]; a bi-directional control scheme for a charging process of a rechargeable battery and a discharging process of the rechargeable battery, and includes power devices used in both the processes for energy transfer, and thus has less semiconductor devices, simplifies a control process, reduces manufacturer cost, and has an improved effect).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to configure the combination Robert and James with the converter and charger features as taught by Cai and obtain the converter and the charger include an inductor in common to power the heating element and to charge the power source, because it provides reliable power system and simplifies a control process, reduces manufacturer cost, and has an improved effect (paragraph [0081]).
Claims 46, 58 and 59 are rejected under 35 U.S.C. 103 as being unpatentable over Robert et al. (US 2020/0046033), hereinafter Robert, in view of James et al. (US 2021/0274842), hereinafter James, and further in view of Fernando et al. (US 2009/0230117), hereinafter Fernando.
Regarding claim 46, Robert and James teach everything claimed as applied above (see claim 45). Further, Robert discloses (see figures 1-6) the energy storage device (figure 2, part 32; inductor presented in buck, boost or buck-boost converters). However, Robert does not expressly disclose the energy storage device includes capacitors in a switched-capacitors topology or a charge-pump topology.
Fernando teaches (see figures 1-4) the energy storage device includes capacitors (figure 3, parts 305 and 307) in a switched-capacitors topology or a charge-pump topology (figure 3, part 301) (paragraph [0061]).
It would have been obvious to one having ordinary skill in the art before the effective filling date of the claimed invention to configure the converter of Robert with the switched-capacitors array as taught by Fernando, because it reduces the size of the system (paragraph [0008]).
Regarding claim 58, claim 46 has the same limitations, except that is not a method claim, based on this is rejected for the same reasons.
Regarding claim 59, Robert, James and Fernando teach everything claimed as applied above (see claim 58). Further, Robert discloses (see figures 1-6) the energy storage device (figure 2, part 32; inductor presented in buck, boost or buck-boost converters) includes an inductor (figure 2, part 32; inductor presented in buck, boost or buck-boost converters).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Carlos O. Rivera-Pérez, whose telephone number is (571) 272-2432 and fax is (571) 273-2432. The examiner can normally be reached on Monday through Friday, 8:30 AM – 5:00 PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thienvu V. Tran can be reached on (571) 270-1276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.O.R. /
Examiner, Art Unit 2838
/THIENVU V TRAN/ Supervisory Patent Examiner, Art Unit 2838
Prosecution Insights