Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 1 of 174 PageID# 16796
`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 1 of 174 Page|D# 16796
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`EXHIBIT 3
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`EXHIBIT 3
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`

`

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`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 2 of 174 PageID# 16797
`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 2 of 174 PagelD# 16797
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`PATENT APPLICATION FEE DETERMINATION RECORD
`
`Effective October 1, 2001
`
`
`Application or Docket Number
`
`
`
`
`
`SMALL ENTITY
`TYPE IZZI
`
`OTHER THAN
`OR SMALL ENTITY
`
`'I'I ITI l'l'l
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`—_
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`* It the difference in column ‘I is less than zero, enter "0" in column 2
`
`CLAIMS AS AMENDED - PART II
`
`HIGHEST
`CLAIMS
`NUMBER
`REMAINING
`
`AFTER
`PREVIOUSLY
`
`AMENDMENT
`PAID FOR
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`OR X$18=
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`0 33
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`+280:
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`TOTAL
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`CLAIMS
`HIGHEST
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`ID
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`NUMBER
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`AFTER
`PREVIOUSLY
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`PAID FOR
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`AMENDMENT
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`CLAIMS AS ””50 ' PART I
`
`Column 1
`Column 2
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`
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`OR ADDIT. FEE
`
`
`AMENDMENTA
`
`
` FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM
`
`
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`+280:
`AMENDMENTC
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`ADDI-
`TIONAL
`RATE
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`on --
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`TOTAL
`OR ADDIT‘ FEE-
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`CLAIMS
`HIGHEST
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`
`
`ADDI- '
`REMAINING
`NUMBER
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`
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`RATE
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`PREVIOUSLY
`AFTER
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`FEE
`AMENDMENT
`PAID FOR
`
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` Independent
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`
`FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM
`
`
`* If the entry in column 1
`is less than the entry in column 2. write “0" in column 3.
`
`“' If the “Highest Number Previously Paid For" IN THIS SPACE is less than 20. enter “20."
`“*II the “Highest Number Previously Paid For" IN THIS SPACE is less than 3, enter "3."
`
`
`The “Highest Number Previously Paid For" (Total or Independent) is the highest number found in the appropriate box in column 1.
`
`
`
`FORM PTO-875 (Rev. 81'01}
`US. Government Printing Office: 2001 — 43448459268
`Patent and Trademark Office U.S. DEPARTMENT OF COMMERCE
`
`
`
`
`FIRST PRESENTATION OF MULTIPLE DEPENDENT CLAIM
`
`ADDI-
`TIONAL
`FEE
`
`OR X518:
`
`X84:
`
`0 3
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`OR
`
`ADDIT. FEE
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`OR
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`TOTAL
`ADDIT. FEE
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`

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`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 3 of 174 PageID# 16798
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`SEARCH NOTES
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`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 5 of 174 PageID# 16800
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`us. ununi PMW
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`I APPLNUM
`10161639
`
`FILING DATE cuss suacuxss GAU
`061052002
`131
`1Q. 00.91731
`Blake Clinton; Hairfield John; Higgins Charles; Nunnafly H.; Ripley
`
`Whafllml‘flll‘fl‘hlfi)
`
`Foreign priority claimed
`35 USC119cunstions met
`Verified and Acknowledged E13miners'sintials
`TLE : Electricafly heated smoking system and methods for suppiying elec1rica| power (rom a lithium
`1.1.5 DEPT. OF COMM IPATJI. Wino-1361.111“ 12-94)
`on power source
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`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 6 of 174 PageID# 16801
`Case l_:20-CV-00393-LO-TCB Document 696-3 Filed 06/02/21 Pam 6 of 174 Page|D# 1680?}
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`1!
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`Patent
`Attorney's Docket No. mugs-429 - Q 1926
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`UTILITY PATENT
`I N T
`MITT
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`LET R
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`PPLIC
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`Box PATENT APPLICATION
`Assistant Commissioner for Patents
`Washington, DC 20231
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`Sir:
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`Enclosed for filing is the utility patent application of Cli
`Charles T, Higgins, 3, Neal Nunnally and Robert L. Ripley for ELEQTRICALLY HEATED
`SMOKING
`TEM AND ET
`DS FOR
`PP YING LEC
`I AL P WER F M A
`LITHIUM IQN POWER SQLJRCE .
`
`[ ] Applicant(s) hereby request(s) that the above-captioned application NOT BE
`PUBLISHED under 35 U.S.C. § 122(b) and 37 C.F.R. § 1.211. The undersigned
`hereby certifies that the invention disclosed in this application has not and will not be the
`subject of an application filed in another country, or under a multilateral international
`agreement, that requires publication at eighteen months after filing.
`[X] Applicant(s) suggest(s) Figure _1__ for inclusion on the front page of the patent application
`publication and patent.
`Also enclosed are:
`
`[X]
`[
`1
`
`4
`sheet(s) of [
`] formal
`[X] informal drawing(s);
`a claim for foreign priority under 35 U.S.C. §§ 119 and/or 365 is [
`filed in _ on _;
`
`] hereby made to g
`
`[
`
`] in the declaration;
`
`a certified copy of the priority document;
`a General Authorization for Petitions for Extensions of Time and Payment of Fees;
`
`an Assignment document;
`
`an Information Disclosure Statement;
`
`a patent application data sheet; and
`
`]
`]
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`]
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`] Other: ______________________.__
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`Small entity status is hereby claimed.
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`Please amend the specification by inserting before the first line the sentence:
`
`«This application claims priority under 35 U.S.C. §§ 119 and/or 365 to _
`filed in _ on _; the entire content of which is hereby incorporated by
`reference."
`
`HWWWWWWW
`21839
`
`(04/02)
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 7 of 174 PageID# 16802
`‘Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 P‘m 7 of 174 Page|D# 16802
`
`Utility Patent Application Transmittal Letter
`Attorney's Docket No. 021238-426
`Pa e 2
`
` [
`
`] Please amend the specification by inserting before the first line the sentence:
`
`--This application claims priority under 35 U.S.C. § 119 to US. Provisional
`Application No. _ entitled _ and filed on _, the entire content of which is hereby
`incorporated by reference.--.
`
`[
`
`]
`
`Please amend the specification by inserting before the first line the sentence:
`
`—-This application is a continuation of International Application No. _ filed on _.--.
`
`[X] The filing fee has been calculated as follows [
`preliminary amendment:
`
`] and in accordance with the enclosed
`
`
`
`Independent Claims
`
`x 584.00 (102) =
`
`MINUS 20 =
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`x $18.00 (103) =
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`[X] This application is being filed without an executed Declaration. Issuance of a Notice
`to File Missing Parts of Application is respectfully requested.
`
`t.
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`[
`
`] A check in the amount of $
`
`is enclosed for the fee due.
`
`[X] Charge 3m to Deposit Account No. 02—4800 for the fee due.
`
`[X1 The Commissioner is hereby authorized to charge any appropriate fees under 37 CPR.
`§§ 1.16, 1.17 and 1.21 that may be required by this paper, and to credit any
`overpayment, to Deposit Account No. 02-4800. This paper is submitted in duplicate.
`
`Please address all correspondence concerning the present application to:
`
`Peter K. Skiff
`BURNS, DOANE, SWECKER & MATHIS, L.L.P.
`P.O. Box 1404
`
`Alexandria, Virginia 22313-1404.
`
`Date:
`
`June ,5. am
`
`P.0. Box 1404
`
`Alexandria, Virginia 22313-1404
`(703) 836-6620
`
`Respectfully submitted,
`
`BURNS, DOANE, SWECKER & MATHIS, L.L.P.
`
`By:
`
`M
`
`William O. Trousdell
`
`0
`
`Registration No. 38,637
`
`(04/02)
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 8 of 174 PageID# 16803
`y \ Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 8 of 174 Page|D# 16803
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`PATENT APPLICATION SERIAL NO.
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`
`
`US. DEPARTMENT OF COMMERCE
`PATENT AND TRADEMARK OFFICE
`FEE RECORD SHEET
`
`06/07/2002 BSRYRSII 00000061 024300
`
`10151639
`
`01 FC:101
`02 FC:103
`
`740.00 CH
`90,00 cg
`
`P113-1556
`
`(5/37)
`'U.S. GPO: 2000-463—967B9595
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 9 of 174 PageID# 16804
`Case 1:20-cv-00393-LO-8 Document 696-3 Filed 06/02/21 P69 of 174 Page|D# 16804
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`UNITED STATES PATENT APPLICATION
`
`OF
`
`Clinton E. Blake
`
`9456 Ruffin Ridge Road
`Mechanicsville, Virginia 23116
`
`John R. Hairfield, Jr.
`13800 Rockhaven Drive
`Chester, Virginia 23836
`
`Charles T. Higgins
`30 Glenbrooke Circle West
`Richmond, Virginia 23239
`
`H. Neal Nunnally
`
`2408 St. Regis Drive
`Richmond, Virginia 23236
`
`and
`
`Robert L. Ripley
`2427 Manakintown Ferry Road
`Midlothian, Virginia 23113
`
`FOR
`
`ELECTRICALLY HEATED SMOKING SYSTEM AND METHODS FOR
`
`SUPPLYING ELECTRICAL POWER FROM A LITHIUM ION POWER
`SOURCE
`
`Attorney Docket No. 021238-496
`Philip Morris Docket No. D 1696
`BURNS, DOANE, SWECKER & MATHIS, L.L.P.
`P.0. Box 1404
`
`Alexandria, Virginia 22313-1404
`(703) 836—6620
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 10 of 174 PageID# 16805
`Case 1:20-cv-00393-LO-TiB Document 696-3 Filed 06/02/21 P610 of 174 Page|D# 16805
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`Atty. Dkt. No. 021238—496
`
`-1-
`
`ELECTRICALLY HEATED SMOKING SYSTEM AND METHODS
`
`FOR SUPPLYING ELECTRICAL POWER FROM A
`
`LITHIUM ION POWER SOURCE
`
`BACKGROUND OF THE INVENTION
`
`1.
`
`FIELD OF THE INVENTION
`
`[0001]
`
`The present invention relates to electrically heated smoking devices,
`
`and particularly to systems and methods for supplying electrical power to the
`
`electrically heated smoking devices from a lithium ion power source.
`
`2.
`
`DESCRIPTION OF RELATED ART
`
`[0002]
`
`Lithium ion battery technology was introduced in the mid—nineteen
`
`nineties. Lithium ion batteries are rechargeable and do not exhibit memory effect
`
`which is common in other rechargeable batteries. Memory effect is a condition
`
`that occurs in some rechargeable batteries when the battery is not fully discharged
`
`before recharging. The battery remembers the amount of energy remaining in the
`
`battery at the time it was charged and will not discharge below that point. The
`
`result of the memory effect is that the energy storage capacity of the battery is
`
`reduced. Other significant advantages of lithium ion batteries are that they are
`
`lightweight, have a high energy storage capacity and higher voltage per cell than
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 11 of 174 PageID# 16806
`Case 1:20-cv-00393-LO-‘8 Document 696-3 Filed 06/02/21 P611 of 174 Page|D# 16806
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`other batteries. This makes for a battery that is useful in small portable electronic
`
`equipment, e.g. , wireless mobile telephones and notebook computers.
`
`[0003]
`
`Due to the unique chemical structure and chemical reaction of
`
`lithium ion batteries, the batteries can be dangerous if over discharged or
`
`overcharged. Over discharging and overcharging of lithium ion batteries can
`
`cause an abundance of heat to be generated by the chemical reaction occurring in
`
`the battery. This abundance of heat can cause the lithium ion battery to become
`
`hot, catch fire or, explode. For this reason, circuitry is built into the lithium ion
`
`battery to monitor the temperature, voltage, and current drain of the battery. This
`
`circuitry will cut off power supplied by the lithium ion battery if the current drawn
`
`from the battery rises above a threshold level or the lithium ion battery voltage
`
`falls below a threshold level. The circuitry will also cut off power supplied to the
`
`lithium ion battery during charging if the voltage of the battery rises above a
`
`threshold level. Circuitry may also be included in the charger or a device
`
`connected to the battery to monitor charging and discharging of the lithium ion
`
`battery. This circuitry is required for each cell of a lithium ion battery adding to
`
`the cost of lithium ion batteries.
`
`[0004]
`
`Lithium ion batteries are ideally suited for portable electronic
`
`equipment due to their small size and high energy densities. Portable electronic
`
`equipment generally draws relatively low current for sustained periods of time.
`
`Lithium ion batteries are not suitable for other portable equipment, e. g., cordless
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 12 of 174 PageID# 16807
`Case 1:20-cv-00393-LO-‘8 Document 696-3 Filed 06/02/21 P612 of 174 Page|D# 16807
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`Atty. Dkt. No. 021238—496
`
`-3-
`
`power tools, because these devices require a great amount of current when
`
`performing work, e.g. , driving a screw with a cordless electric power drill. The
`
`required current would exceed the amount that lithium ion batteries can safely
`
`deliver creating a risk that the battery could become hot, catch fire, or explode.
`
`[0005]
`
`The present invention provides an electrically heated smoking
`
`system which utilizes lithium ion batteries in a manner which allows high current
`
`to be delivered safely to the electrical resistance heating element during smoking
`
`of a cigarette.
`
`BRIEF SUMMARY OF THE INVENTION
`
`
`
`
`
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`
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`
`[0006]
`
`The invention provides an electrical heated smoking system having
`
`a heater including at least one electrical resistance heating element wherein a
`
`lithium ion power source is electrically connected to the at least one electrical
`
`resistance heating element and a controller controls a flow of modulated pulses of
`
`electrical power from the lithium ion power source to the at least one electrical
`
`resistance heating element to prevent damage to the lithium ion power source.
`
`[0007]
`
`The invention also provides a method for supplying electrical power
`
`to at least one electrical resistance heating element from a lithium ion power
`
`source and controlling the electrical power provided to the at least one
`
`electrical heating element by sending modulated pulses of electrical
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`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 13 of 174 PageID# 16808
`Case 1:20-cv-00393-LO-‘8 Document 696-3 Filed 06/02/21 P3613 of 174 Page|D# 16808
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`
`power from the lithium ion power source to the at least one electrical heating
`
`element thereby preventing damage to the lithium ion power source.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`[0008]
`Various features of the invention will be described in the following
`detailed description in conjunction with the drawings, in which:
`
`[0009]
`
`FIG. 1 is an isometric cut—away view of an electrically heated
`
`smoking device according to an embodiment of the invention.
`[0010]
`FIG. 2 is an isometric view of a plurality of electrical resistance
`
`heaters according to an embodiment of the invention.
`
`[0011]
`
`FIG. 3 is a schematic View of an electronic controller used in the
`
`electrically heated smoking device according to an embodiment of the invention.
`
`[0012].
`
`FIG. 4 is a schematic view of a control circuit and lithium ion
`
`power source used in the electrically heated smoking device according to an
`
`embodiment of the invention.
`
`DETAILED DESCRIPTION OF THE INVENTION
`
`[0013]
`
`In the following description, for purposes of explanation and not
`
`limitation, specific details are set forth in order to provide a thorough
`
`understanding of the present invention. However, it will be apparent to one
`
`skilled in the art that the present invention may be practiced in other embodiments
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 14 of 174 PageID# 16809
`Case 1:20-cv-00393-LO-‘fi Document 696-3 Filed 06/02/21 P314 of 174 Page|D# 16809
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`Atty. Dkt. No. 021238—496
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`that depart from these specific details.
`
`In other instances, detailed descriptions of
`
`well known methods, devices, and circuits are omitted so as not to obscure the
`
`description of the present invention.
`
`[0014]
`
`The present invention relates to an electrically heated smoking
`
`system. An exemplary electrically heated smoking system is disclosed in U.S.
`
`Patent No. 6,040,560 issued to Fleischhauer et al which is hereby incorporated by
`
`reference. The disclosed electrically heated smoking system heats a portion of a
`
`cigarette with one or more electrical resistance heating element(s). A heated
`
`portion of the cigarette generates tobacco smoke that is delivered to the smoker
`
`when a smoker puffs on the cigarette. Electrical energy is supplied to the
`
`electrical resistance heating element from one or more nickel cadmium batteries.
`
`Nickel cadmium batteries have sufficient discharge capacity to deliver the large
`
`amount of current required by the electrical resistance heating element to rapidly
`
`heat a portion of a cigarette. Nickel cadmium batteries are also safe, rechargeable
`
`and relatively inexpensive.
`
`[0015]
`
`While nickel cadmium batteries have been effective for use in
`
`electrically heated smoking systems, they are not without disadvantages. For
`
`example, nickel cadmium batteries suffer from memory effect. As discussed
`
`above, memory effect prevents a battery from fully discharging when the battery
`
`is not fully, or nearly fully, discharged prior to charging. This results in a decline
`
`in the storage capacity of the battery. When a nickel cadmium battery suffering
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`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 15 of 174 PageID# 16810
`Case 1:20-cv-00393-LO-‘8 Document 696-3 Filed 06/02/21 P315 of 174 Page|D# 16810
`
`PATENT
`
`Atty. Dkt. No. 021238—496
`
`—6—
`
`from memory effect is used in an electrically heated smoking system, the battery
`
`requires more frequent recharging due to the reduced storage capacity.
`
`In
`
`addition, nickel cadmium batteries are relatively heavy, large and produce low
`
`voltage per cell.
`
`Referring to FIG. 1, a preferred embodiment of the present
`[0016]
`invention provides a smoking system which preferably includes a cigarette 23 and
`
`a reusable lighter 25. The cigarette 23 is adapted to be inserted into and removed
`from a receptacle 27 at a front end portion 29 of the lighter 25. Once the cigarette
`23 is inserted, the smoking system 21 is used in much the same fashion as a more
`traditional cigarette, but without lighting or smoldering of the cigarette 23. The
`cigarette 23 is discarded after one or more puff cycles. Preferably, each cigarette
`
`23 provides a total of 8 puffs (puff cycles) or more per smoke; however, it is a
`
`matter of design expedient to adjust to a lesser or greater total number of available
`
`puffs.
`
`[0017]
`
`The smoking system is described in greater detail in conunonly
`
`assigned US. Patent No. 5,388,594 which is hereby incorporated by reference in
`
`its entirety. The cigarette 23 is further described in commonly assigned US.
`
`Patent No. 5,499,636, which is hereby incorporated by reference in its entirety.
`
`[0018]
`
`The lighter 25 includes a housing 31 having front and rear housing
`
`portions 33 and 35. One or more batteries 35a are removably located within the
`
`rear housing portion 35 and supply energy to one or more electrical resistance
`
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`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 16 of 174 PageID# 16811
`Case 1:20-0v-OO393-LO-‘8 Document 696-3 Filed 06/02/21 P316 of 174 Page|D# 16811
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`PATENT
`
`Atty. Dkt. No. 021238-496
`
`_7_
`
`heating element(s) 37 which are arranged within the front housing portion 33
`
`adjacent the receptacle 27. A control circuit 41 in the front housing portion 33
`
`establishes electrical communication between the batteries 35a and the electrical
`
`resistance heater elements 37. A preferred embodiment of the present invention
`
`includes details concerning the control circuit 41 and lithium ion power source 35a
`
`which are discussed in greater detail beginning with reference to FIG. 3.
`
`[0019]
`
`Still referring to FIG. 1, preferably the rear portion 35 of the
`
`lighter housing 31 is adapted to be readily opened and closed, such as with screws
`
`or snap fit components, so as to facilitate replacement of the lithium ion power
`
`source 35a. An electrical socket or contacts may be provided for recharging the
`
`lithium ion power source 35a in a manner known to one skilled in the art.
`
`[0020]
`
`The one or more batteries 35a are sized to provide sufficient power
`
`for the heaters 37 to function as intended and comprises a rechargeable lithium ion
`
`power source. The characteristics of the lithium ion power source are, however,
`
`selected in view of the characteristics of other components in the smoking system
`
`21, particularly the characteristics of the heating elements 37. Commonly
`
`assigned US. Patent No. 5,144,962, hereby incorporated by reference, describes
`
`a power arrangement which comprises a battery and a capacitor. The capacitor is
`
`recharged by the battery and power stored in the capacitor is used to supply
`
`electrical energy to the electrical resistance heating element.
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 17 of 174 PageID# 16812
`Case 1:20-cv-OO393-LO-‘8 Document 696-3 Filed 06/02/21 P617 of 174 Page|D# 16812
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`PATENT
`
`Atty. Dkt. No. 021238—496
`
`-3-
`
`[0021]
`
`Still referring to FIG. 1, preferably, the circuitry 41 is activated by
`
`a puff-actuated sensor 45 that is sensitive to either changes in pressure or changes
`
`in rate of airflow that occur upon initiation of draw on the cigarette 23 by a
`
`smoker. The puff-actuated sensor 45 is preferably located within the front
`
`housing portion 33 of the lighter 25 and is communicated with a space inside the
`
`heater fixture 39 adjacent the cigarette 23 through a passageway extending through
`
`a stop 182 located at the base of the heater fixture 39. A puff—actuated sensor 45
`
`suitable for use in the smoking system 21 is described in commonly assigned U.S.
`
`Patent No. 5,060,671 and commonly assigned U.S. Patent No. 5,388,594, the
`
`disclosures of which are incorporated herein by reference.
`
`[0022]
`
`An indicator 51 is provided at a location along the exterior of the
`
`lighter 25, preferably on the front housing portion 33, to indicate the number of
`
`puffs available in the cigarette 23. The indicator 51 preferably includes a seven
`
`segment liquid crystal display.
`
`In the preferred embodiment, the indicator 51
`
`displays the digit "8" when a cigarette detector 53 detects the presence of a
`
`cigarette in the heater fixture 39. The detector 53 can comprise a light sensor
`
`adjacent the open end of the cigarette receptacle 27 that detects when a beam of
`
`light is reflected off (or alternatively, transmitted through) an inserted cigarette
`
`23. Thereupon, the cigarette detector 53 provides a signal to the circuitry 41
`
`which, in turn, responsively provides a signal to the indicator 51. The display of
`
`the digit “8" on the indicator 51 reflects that the eight puffs provided on each
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 18 of 174 PageID# 16813
`Case 1:20-cv-00393-LO-‘8 Document 696-3 Filed 06/02/21 P618 of 174 Page|D# 16813
`
`PATENT
`
`Atty. Dkt. No. 021238—496
`
`-9-
`
`cigarette 23 are available, i.e., none of the heater elements 37 have been activated
`
`to heat the cigarette 23. After the cigarette 23 has been fully smoked, the
`
`indicator displays the digit "0". When the cigarette 23 is removed from the lighter
`
`25, the cigarette detector 53 no longer detects the presence of a cigarette 23 and
`
`the indicator 51 is turned off. The cigarette detector 53 is modulated so that it
`
`does not constantly emit a beam of light, which would otherwise create an
`
`unnecessary drain on the lithium ion power source 35a.
`
`In an alternative to
`
`displaying the remainder of the puff count, the detector display may instead be
`
`arranged to indicate whether the system is active or inactive ("on" or "of “).
`
`[0023]
`
`As one of several possible alternatives to using the above—noted
`
`cigarette detector 53, a mechanical switch (not shown) may be provided to detect
`
`the presence or absence of a cigarette 23 and a reset button (not shown) may be
`
`provided for resetting the circuitry 41 when a new cigarette is inserted into the
`
`lighter, e.g., to cause the indicator 51 to display the digit "8", etc. Circuitry,
`
`puff-actuated sensors, and indicators useful with the smoking system 21 of the
`
`present invention are described in commonly assigned U.S. Patent No. 5,060,671,
`
`U.S. Patent No. 5,388,594 and the commonly assigned U.S. Patent No.
`
`5,505,214, all of which are incorporated by reference. Other alternatives for
`
`detecting the presence of a cigarette in the heater fixture 39 can include a metal
`
`detector that senses a metal foil or other metallic component within the cigarette.
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`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 19 of 174 PageID# 16814
`Case 1:20-cv-OO393-LO-‘3 Document 696-3 Filed 06/02/21 P619 of 174 Page|D# 16814
`
`PATENT
`
`Atty. Dkt. No. 021238-496
`
`-10-
`
`[0024]
`
`In a preferred embodiment, the front housing portion 33 of the
`
`lighter 25 supports a substantially cylindrical heater fixture 39 which slidingly
`
`receives the cigarette 23. The heater fixture 39 houses the heater elements 37 and
`
`is adapted to support an inserted cigarette 23 in a fixed relation to the heater
`
`a"
`
`elements 37 such that the heater elements 37 are positioned at a desired location
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`alongside the cigarette 23. The locations where each heater element 37 bears
`
`against (or is in thermal contact with) a fully inserted cigarette 23 is referred to
`
`herein as the heater footprint.
`
`[0025]
`
`To assure consistent placement of the heating elements 37 relative
`
`to the cigarette 23 from cigarette to cigarette, the heater fixture 39 is provided
`
`with a stop 182 against which the cigarette is urged during its insertion into the
`
`lighter 25. Other expedients to registering the cigarette 23 relative to the lighter
`
`25 could be used instead.
`
`[0026]
`
`The front housing portion 33 of the lighter 25 also includes
`
`electrical control circuitry 41 which delivers a predetermined amount of energy
`
`from the lithium ion power source 35a to the electrical resistance heating elements
`
`37.
`
`In the preferred embodiment, a heater fixture 39 includes eight
`
`circumferentially spaced—apart electrical resistance heating elements 37 which are
`
`concentrically aligned with the receptacle 27 so as to slidingly receive a cigarette
`
`23. Details of the construction and establishment of electrical connections to the
`
`heater fixture 39 are illustrated and described in commonly assigned US. Patent
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 20 of 174 PageID# 16815
`Case 1:20-cv-OO393-LO-fi Document 696-3 Filed 06/02/21 P620 of 174 Page|D# 16815
`
`g,
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`
`PATENT
`
`Atty. Dkt. No. 021238-496
`
`-11-
`
`Nos. 5,388,594, 5,505,214, and 5,591,368, all of which are incorporated herein
`
`by reference in their entireties.
`
`[0027]
`
`Referring now to FIG. 2, a preferred heater fixture 39 includes
`
`"singular serpentine" elements 37, each of which is electrically connected at its
`
`opposite ends to a control circuit through leads 186 and 187. Details concerning
`
`this heater fixture 37 are set forth in commonly assigned U.S. Patent No.
`
`5,388,594, incorporated herein by reference in its entirety. Additional heater
`
`fixtures 37 that can be used as part of the lighter 25 include those disclosed in
`
`commonly assigned U.S. Patent Nos. 5,665,262 and 5,498,855 which are
`
`incorporated herein by reference.
`
`[0028]
`
`Preferably, the heaters 37 are individually energized by the lithium
`
`ion power source 35a under the control of the circuitry 41 to heat the cigarette 23
`
`preferably eight times at spaced locations about a periphery of the cigarette 23.
`
`The heating renders eight puffs from the cigarette 23, as is commonly achieved
`
`with the smoking of more traditional cigarettes.
`
`It may be preferred to activate
`
`more than one heater simultaneously for one or more or all of the puffs.
`
`[0029]
`
`A common phenomenon associated with batteries is a voltage
`
`reduction as the battery is discharged. This occurs because the battery's voltage
`
`potential decreases as the battery is discharged. As a result, a fully charged or
`
`" fresh" battery is capable of delivering more power than a battery that has been
`
`substantially discharged.
`
`

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`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 21 of 174 PageID# 16816
`Case 1:20-cv-00393-LO-‘8 Document 696-3 Filed 06/02/21 P621 of 174 Page|D# 16816
`
`PATENT
`
`Atty. Dkt. No. 021238-496
`
`_12_
`
`[0030]
`
`It has been found that the amount of power delivered to the
`
`electrical resistance heating element 37 and the lighter 25 affects the consistency
`
`of the smoke delivered to a smoker.
`
`It is desirable to deliver a consistent quality
`
`of smoke with each puff on the cigarette and from cigarette to cigarette. A fully
`
`charged or " fresh " battery will deliver more power to the electrical resistance
`
`heating element 37 in the lighter 25 producing a high amount of heat.
`
`Conversely, a substantially discharged battery will deliver less power to the
`
`electrical resistance heating element 37 in the lighter 25 producing less heat.
`
`Thus, the amount of heat delivered by the electrical resistance heater reduces as
`
`the battery becomes discharged. This difference in the amount of heat produced
`
`by the electrical resistance heater during the life of the battery affects the
`
`consistency of the smoke produced from the heating. Since it is desirable to
`
`produce a consistent quality of smoke from puff to puff and cigarette to cigarette,
`
`it is desirable to deliver the same amount of energy to the electrical resistance
`
`heater from puff to puff and cigarette to cigarette.
`
`[0031]
`
`Commonly assigned US. Patent No. 6,040,560 describes a system
`
`and method for delivering the same amount of energy to the electrical resistance
`
`heater between chargings of the battery, and is hereby incorporated by reference
`
`in its entirety. The same amount of energy is delivered to the heater from the
`
`battery using a control circuit that modulates the flow of electrical energy to the
`
`electrical resistance heating element. The control circuit determines the amount of
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 696-3 Filed 06/02/21 Page 22 of 174 PageID# 16817
`Case 1:20-0v-OO393-LO-‘8 Document 696-3 Filed 06/02/21 P322 of 174 Page|D# 16817
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`PATENT
`
`Atty. Dkt. No. 021238—496
`
`_13_
`
`modulation by measuring the voltage and/or current of the battery. Consumers
`
`generally puff on a cigarette for about two seconds. Thus, the heaters need to
`
`supply heat to the cigarette during at least a portion of the two seconds of the puff
`
`period. When a puff is detected, the controller sends modulated electrical power
`
`to the electrical resistance heater.
`
`In order to deliver the same amount of energy
`
`to the electrical resistance heater from puff to puff, the controller determines the
`
`off—time between the electrical pulses to send to the electrical resistance heater
`
`based on a measured voltage and/or current of the battery. A battery that is fully
`
`charged or "fresh" will have greater voltage potential than a weaker battery that
`
`has been partially or substantially discharged. As a result, a fully charged or
`
`"fresh" battery will require the controller to have longer off—times and send fewer
`
`pulses of electrical energy to the heater in order to deliver the same amount of
`
`energy. Conversely, a weaker battery that has been partially or