Prior art

Analysis of Prior Art Cited in U.S. Patent 8,205,622

The following prior art references were cited during the prosecution of U.S. Patent 8,205,622. This analysis considers their potential to anticipate the independent claims of the '622 patent under 35 U.S.C. § 102.

It is important to note that the patentability of claims 13-18 was challenged and ultimately upheld by the Patent Trial and Appeal Board (PTAB) in case IPR2022-00299, where the board determined that the petitioner, Jupiter Research, LLC, did not establish a reasonable likelihood that the claims were unpatentable based on the presented prior art.

U.S. Patent Documents

• Citation: U.S. Patent 5,060,671

  • Inventor: Counts et al.
  • Publication Date: October 29, 1991
  • Filing Date: October 2, 1989
  • Brief Description: This patent describes a smoking article that generates aerosol by heating a flavor-generating medium. It includes a heater that is activated by the user drawing on the device, which is detected by a pressure-sensitive switch. The device is designed to simulate the experience of smoking.
  • Potential Anticipation: This reference could be relevant to the general concept of an electrically heated smoking device activated by user inhalation. However, the '622 patent specifically claims an electric airflow sensor, and particularly a "diaphragm microphone" (Claim 1, 17), and a "Single Chip Micyoco" (microcontroller) for control (Claims 12, 13, 16), which may not be explicitly disclosed in the '671 patent's pressure-switch mechanism.

• Citation: U.S. Patent Application Publication 2008/0092912 A1

  • Inventor: Robinson et al.
  • Publication Date: April 24, 2008
  • Filing Date: September 21, 2007
  • Brief Description: This application details an electronic smoking device that uses a piezoelectric element to vaporize a nicotine-containing fluid. The device is activated when a user inhales, which is detected by a sensor that measures changes in airflow or pressure.
  • Potential Anticipation: This reference discloses an inhalation-activated electronic smoking device. Its relevance would depend on the specific type of sensor disclosed and whether it reads on the "electric airflow sensor" or "diaphragm microphone" of the '622 patent's claims. The control circuitry would also need to be compared to the "Single Chip Micyoco" claimed in the '622 patent.

• Citation: U.S. Patent Application Publication 2009/0283103 A1

  • Inventor: Nielsen et al.
  • Publication Date: November 19, 2009
  • Filing Date: May 13, 2008
  • Brief Description: This document describes an electronic cigarette with a cartridge containing a vaporizable liquid. The device includes a power source and a control unit that activates a heating element in response to a user's puff, which is detected by a sensor.
  • Potential Anticipation: Similar to the other references, this application's potential for anticipation would hinge on the specifics of its sensor and control unit. The '622 patent's claims are particular about the use of a "Single Chip Micyoco" and an "electric airflow sensor" (specifically a "diaphragm microphone"). This reference would need to disclose these specific components or their equivalents to be considered anticipatory.

Foreign Patent Documents

• Citation: CN 1519943 A

  • Applicant: Hon Lik
  • Publication Date: August 11, 2004
  • Filing Date: February 11, 2004
  • Brief Description: This Chinese patent application, from the inventor often credited with inventing the modern e-cigarette, describes a non-flammable electronic atomizing cigarette. It includes a battery, a control circuit, and an atomizing chamber. The device is activated by airflow from the user's inhalation, which triggers a sensor.
  • Potential Anticipation: This is a highly relevant prior art reference. The key determination would be whether its sensor technology constitutes an "electric airflow sensor" as defined in the '622 patent and whether its control circuit is equivalent to the claimed "Single Chip Micyoco."

• Citation: CN 2719043 Y

  • Applicant: Hon Lik
  • Publication Date: August 24, 2005
  • Filing Date: April 14, 2004
  • Brief Description: This Chinese utility model, also from Hon Lik, describes an atomized electronic cigarette. It details the structure including a battery, sensor, and vaporization chamber, where the sensor detects the user's puff to activate the device.
  • Potential Anticipation: As another foundational invention by Hon Lik, this document is also very relevant. Analysis would focus on whether the sensor and control elements disclosed meet the specific limitations of the '622 patent's independent claims, such as the "diaphragm microphone" and microcontroller.

• Citation: WO 2007/078271 A1

  • Inventor: Hon Lik
  • Publication Date: July 12, 2007
  • Filing Date: December 27, 2006
  • Brief Description: This PCT application describes an electronic cigarette that uses a piezoelectric element to atomize a liquid. It contains a sensor that detects inhalation to activate the vaporization process.
  • Potential Anticipation: This reference further develops the e-cigarette concept. The anticipation analysis would again depend on the precise nature of the sensor (whether it is an "electric airflow sensor" or a "diaphragm microphone") and the controller (whether it is a "Single Chip Micyoco").