Obviousness

A person having ordinary skill in the art (POSITA) in the field of electronic cigarettes, at the priority date of March 24, 2009, would likely possess expertise in microelectronics, sensor technology, heating elements, fluid dynamics, and the design of compact electronic devices.

While the Patent Trial and Appeal Board (PTAB) upheld claims 13-18 of US Patent 8,205,622 against specific challenges, an analysis under 35 U.S.C. § 103 indicates that the independent claims (1, 12, 13, 16, and 17) would have been obvious when combining the available prior art with common general knowledge and routine engineering practices.

Primary Prior Art Combination for Obviousness:

The primary reference for this analysis is CN 1519943 A (Hon Lik). This document, from a pioneer in electronic cigarettes, discloses a non-flammable electronic atomizing cigarette comprising a battery, a control circuit, an atomizing chamber, and a sensor activated by airflow for user inhalation. This reference provides the fundamental concept of an inhalation-activated electronic cigarette with electrical components for vaporizing a liquid.

Obvious Modifications and Motivations for a POSITA:

1. Replacing a general "Control Circuit" with a "Single Chip Micyoco" (Claims 12, 13, 16):

   • Motivation: By 2009, microcontrollers, which the term "Single Chip Micyoco" encompasses, were widely recognized as versatile and cost-effective components for controlling electronic devices. A POSITA would have been motivated to replace a generic "control circuit" in Hon Lik's device with a microcontroller to gain benefits such as programmability, enhanced flexibility in managing power to the atomizer, more sophisticated processing of sensor inputs, and the ability to implement additional features like diagnostic feedback or variable power output. U.S. Patent Application Publication 2008/0092912 A1 (Robinson et al.) and U.S. Patent Application Publication 2009/0283103 A1 (Nielsen et al.) also mention control units, which a POSITA would understand could be implemented using microcontrollers.

2. Using a "Diaphragm Microphone" as the Electric Airflow Sensor (Claims 1, 14, 17):

   • Motivation: The prior art, including CN 1519943 A, CN 2719043 Y, WO 2007/078271 A1, U.S. Patent 5,060,671 (Counts et al.), U.S. Patent Application Publication 2008/0092912 A1 (Robinson et al.), and U.S. Patent Application Publication 2009/0283103 A1 (Nielsen et al.), consistently teaches the use of sensors to detect airflow or pressure for activating electronic smoking devices. The '622 patent itself identifies that prior "mechanical devices as an airflow detector" had "short life and [were] too sensitive to outside temperature and humidity changes," presenting an "electric airflow sensor" as an improved solution. A diaphragm microphone is a well-known type of electronic pressure sensor capable of detecting subtle air movements. A POSITA seeking to improve the sensitivity, reliability, and lifespan of the airflow detection mechanism in Hon Lik's e-cigarette, and to overcome the limitations of mechanical sensors, would have found it obvious to employ a known electric sensor like a diaphragm microphone.

3. Detachable Tubular Inhaler and Atomizer (Claims 1, 17):

   • Motivation: The principle of modularity and detachable components was a common design trend in consumer electronics by 2009, allowing for easy replacement of consumables or power sources. The '622 patent explicitly states that its "integrated atomizer" is "disposable" and addresses issues such as "fluid leaking, liquid reversal... and sub-standard sanitation." A POSITA, aiming to enhance user convenience, hygiene, and product longevity for an electronic cigarette like Hon Lik's, would have been motivated to design the atomizer as a detachable, disposable unit separate from the more durable inhaler (containing the battery and control electronics). The use of standard "electric connectors" (e.g., screw threads or DC plug-sockets, as described in '622) for this detachable attachment is a routine engineering choice.

4. "Side-Space for Airflow" within the Atomizer (Claims 1, 17):

   • Motivation: For any atomizer that vaporizes a liquid solution from a media-filled container, an effective airflow path is crucial for the user to inhale the generated vapor. CN 1519943 A describes an "atomizing chamber" where an "odor... is then absorbed." The inclusion of a "side-space for airflow" between the liquid container and the media, or specific structural details like a chamber between an exterior wall and a container wall with a tube extending from an air-puffing hole (as in Claim 17 and illustrated in FIGS. 2 and 3 of the '622 patent), are fundamental design considerations for directing air through the vaporization zone. These are necessary and obvious features for a POSITA to ensure proper function and efficient vapor delivery in an atomizing device.

5. Controlling "Time Period and Magnitude of the Electric Current" (Claim 13):

   • Motivation: Given an electric airflow sensor capable of detecting the intensity of a user's puff and a microcontroller (Single Chip Micyoco) for control, a POSITA would find it obvious to program the microcontroller to adjust the power supplied to the heating element. By varying the duration and/or magnitude of the electric current proportionally to the detected puff strength, the device can more closely mimic the experience of drawing on a traditional cigarette, providing a more satisfying and realistic vapor output to the user. This represents a straightforward application of feedback control in electronic design to enhance user interaction.

6. Sequential Arrangement of Inhaler Components (Claim 16):

   • Motivation: The described sequence of components in the inhaler (cigarette cap, LED indicator, electric power source, electric airflow sensor, circuit board for Single Chip Micyoco, and first electric connector) reflects a logical and conventional layout for a tubular, hand-held electronic device. The mouthpiece (cigarette cap), user feedback (LED), power source (battery), and activation mechanism (airflow sensor) are typically positioned for intuitive user interaction and efficient operation, while the control electronics (circuit board) and connection point to the atomizer are arranged to facilitate these functions within the constraints of a tubular form factor. This arrangement would be a routine design choice for a POSITA based on functional requirements and manufacturing considerations.

In summary, the specific improvements claimed in US Patent 8,205,622, such as the choice of particular electronic components (microcontroller, diaphragm microphone), modular construction, and detailed airflow or component arrangements, represent obvious design implementations and combinations for a POSITA in 2009, given the existing state of electronic cigarette technology and general engineering knowledge.