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 § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-5, 7-8, 10-12, 17, 19, 21-22, 25 and 33-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowen et al. (U.S Pub. No. 20180043114) in view of Sears et al. (Pub. No. 20140096781) and further in view of Fernando et al. (WO 2012065754).
Regarding claim 1, Bowen discloses an aerosol provision system for generating aerosol for user inhalation, the system comprising:
an aerosol generating article (by reference sign 114, fig. 1A) comprising an aerosolizable material, the aerosolizable material being a solid or a gel [0042]; and
a control unit (by reference sign 105, fig. 1A) having a receptacle configured to receive the aerosol generating article (see figs. 1A, 1B and 1C), wherein the control unit is configured, in use, to generate aerosol from the aerosolizable material, wherein the aerosol generating article includes a data storage unit configured to store an identifier (by reference sign 138, fig. 1A) identifying the aerosol generating article, and wherein the control unit is configured to receive the identifier from the data storage unit and, based on the received identifier, cause the control unit to perform an action [0007] [0077-0078].
Bowen discloses the aerosolizable material is provided adjacent the substrate, wherein the data storage unit is integrally provided in, or positioned on, said substrate material (see fig. 1A). Bowen does not expressly disclose the substrate includes at least one of paper, card and a metal foil. Sears discloses the substrate of the aerosol generating article can be made of paper wrapped around the aerosolizable material to form a cylindrical rod-shaped article [0066]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to use paper as the material of the substrate to form a cylindrical rod-shaped article.
Bowen further discloses the action comprising automatically beginning heating of the aerosol material so as to raise the temperature of the article before a user inhales on the article without requiring any further input from the user [0092].
Bowen discloses the control unit is configured to operate according to a pre-defined set of operation modes [0008-0009 and 0046]. Bowen does not expressly disclose pre-defined operation mode is a heating profile. Fernando discloses an aerosol provision system for generating aerosol for user inhalation wherein the control unit may identify the smoking article and adjust the heating profile based on the smoking article type and allow personalized experience (page 17). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to configure the control unit of Bowen to select a heating profile based on the received identifier as taught by Fernando for a personalized experience.
Regarding claim 2, Bowen discloses the data storage unit is configured to digitally store the identifier [0007] and [0056].
Regarding claim 3, Bowen discloses the data storage unit is programmable such that the identifier can be programmed into the data storage unit [0056] and [0083].
Regarding claim 4, Bowen discloses the identifier at least one of: identifies a type of aerosolizable material of the aerosol generating article, identifies an origin of the aerosol generating article, or uniquely identifies the aerosol generating article [0077].
Regarding claim 5, Bowen discloses wherein the type corresponds to at least one of a flavor of the aerosolizable material and a concentration of an active substance present in the aerosolizable material [0043], [0065] and [0077].
Regarding claim 7, Bowen discloses the control unit is configured to prevent aerosol generation if no identifier is received or if a received identifier is not recognized as an authorized identifier [0077].
Regarding claim 8, Bowen discloses the control unit further includes an indicator for locating [0193], user interface for instructions [0220] and NFC for communication [0051]; therefore it would have been obvious for one of ordinary skill in the art at the time the invention was made to have the indicator configured to indicate to a user that the control unit cannot read the data storage unit and prompt a user to rotate the aerosol generating article around its longitudinal axis to bring the data storage unit closer to a data reader (NFC needs to be near).
Regarding claim 10, Bowen discloses the data storage unit is embedded in a substrate wherein the data storage unit can be read by a receiver of the control unit ([0051], [0056-0057] and see reference sign 138 as part of reference sign 114 of fig. 1A).
Regarding claim 11, Bowen discloses the data storage unit is applied to a surface of the substrate ([0056-0057] and see reference sign 138 as part of reference sign 114 of fig. 1A).
Regarding claim 12, Bowen suggests the aerosol generating article comprises a plurality of data storage units, each data storage unit comprising an identifier [[0056] (0254] and fig. 1A).
Regarding claim 17, Bowen discloses the aerosol generating article comprises a plurality of electrical contacts coupled to the data storage unit, wherein the electrical contacts are exposed on a surface of the aerosol generating article, and wherein the control unit comprises a plurality of electrical contacts configured to electrically couple with the electrical contacts of the aerosol generating article when the aerosol generating article is received by the control unit, wherein the control unit is configured to receive the identifier by applying an electrical current across the electrical contacts of the aerosol forming article, and wherein at least one of the electrical contacts or the data storage unit are printed onto or form a part of a substrate forming an outer surface of the aerosol generating article [0066] and [0086-0089].
Regarding claim 19, Bowen discloses the aerosol generating article further comprises a transmitter, wherein the transmitter is coupled to the data storage unit and is configured to wirelessly transmit the identifier, and wherein the control unit further comprises a receiver configured to wirelessly receive the identifier transmitted from the transmitter: and wherein the aerosol generating article is configured to transmit the identifier when the aerosol generating article is engaged with the control unit ([0057], [0062] and [0069]).
Regarding claim 21, Bowen discloses the transmitter of the aerosol generating article is a transceiver, the transceiver configured to receive a wireless signal from the control unit and, in response to said the wireless signal, transmit the identifier [0056] [0069].
Regarding claim 22, since Bowen discloses the system comprises the data storage united and transmitter [0047] and these can be in a plurality of units [0056]; therefore it would have been obvious to one of ordinary skill in the art at the time the invention was made to make these integrally provided on a base substrate material to form an integrated unit; wherein the aerosol generating article includes a plurality of integrated units (also, see In reason, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965)). Furthermore, it would have been obvious to one of ordinary skill in the art at the time the invention was made that transmitter such as NFC can be sized within the claimed ranges.
Regarding claim 25, Bowen discloses the aerosolizable material is one or more of tobacco, reconstituted tobacco, or gel [0232].
Regarding claim 33, Bowen discloses the control circuitry is configured to automatically begin heating of the aerosol generating article in response to determining that the received identifier belongs to an authenticated article and/or represents a certain type of aerosol generating article [0052].
Regarding claim 34, Bowen discloses the control circuitry is configured to automatically begin heating as soon as the determination is performed [0052].
Regarding claim 35, Bowen discloses the control circuitry is configured to automatically begin heating a predetermined delay after the determination is performed [0112].
Claims 9 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowen et al. (U.S Pub. No. 20180043114) in view of Sears et al. (Pub. No. 20140096781) and Fernando et al. (WO 2012065754)as applied to claim 1 above and further in view of Bessant et al. (WO 2017118553).
Regarding claim 9, Bowen discloses the control unit is configured to heat a portion of the aerosol generating article via a heater (change in shape would have been obvious to one of ordinary skill in the art at the time the invention was made; See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)) to produce an aerosol from the aerosolizable material, and wherein the data storage unit is located adjacent the portion of the aerosol generating article that is to be heated in the longitudinal direction of the article (see fig. 1A by reference signs 138 and 120); it would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the data storage unit so that it is not directly heated. Furthermore, Bessant discloses the aerosol provision system comprises an annular heater that surrounds the receptacle (page 7). Therefore, it would have been obvious to one of ordinary skills in the art at the time the invention was made to use the annular heater taught by Bessant for the aerosol provision system.
Regarding claim 14, Bessant discloses the aerosol provision system comprises an annular heater that surrounds the receptacle (page 7). Therefore, it would have been obvious to one of ordinary skills in the art at the time the invention was made to use the annular heater taught by Bessant for the aerosol provision system.
Claim(s) 38-43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bowen et al. (U.S Pub. No. 20180043114) in view of Sears et al. (Pub. No. 20140096781).
Regarding claim 38, Bowen discloses an aerosol provision system for generating aerosol for user inhalation, the system comprising:
an aerosol generating article comprising an aerosolizable material (see fig. 1A); and
an aerosol provision device comprising a control unit (by reference sign 105, fig. 1A) having a receptacle configured to receive the aerosol generating article, wherein the control unit is configured, in use, to generate aerosol from the aerosolizable material, wherein the aerosol generating article includes a data storage unit configured to store an identifier (138, fig. 1A) identifying the aerosol generating article, and wherein the control unit is configured to receive the identifier from the data storage unit and, based on the received identifier, cause the control unit to perform an action [0052];
wherein the control unit is configured to determine whether the identifier belongs to an authenticated article [0078], and Bowen discloses a display maybe used to display information related to the functions of the vaporizer, provide prompts to a user, receive user input and/or the like [0247]; therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have an indicator to indicate to a user when an identifier has been read from the aerosol generating article.
Bowen also discloses the identifier is based on time response [0067] and control the temperature after a sensor indicates that vaporization is required; wherein the sensor may function as essentially an on off switch [0107]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the control unit of Bowen to switch off if no identifier is read within a pre-determined time period from an initial read operation because the vaporization is not required if there is no identifier is read.
Regarding claim 39, Bowen discloses the indicator comprises a light or a display of the aerosol provision device [0247].
Regarding claim 40, Bowen discloses an aerosol provision device for generating aerosol for user inhalation from an aerosol generating article comprising an aerosolizable material (see fig. 1A), the aerosol generating article including a readable data storage unit configured to store an identifier (138, fig. 1A) identifying the aerosol generating article, and wherein the aerosol provision device comprises; a control unit (by reference sign 105, fig. 1A) having a receptacle configured to receive the aerosol generating article, wherein the control unit is configured, in use, to generate aerosol from the aerosolizable material, wherein the control unit is configured to perform an action based on an identifier received from the data storage unit of the aerosol generating article [0007] [0077-0078];
wherein the control unit is configured to determine whether the identifier belongs to an authenticated article [0078], and Bowen discloses a display maybe used to display information related to the functions of the vaporizer, provide prompts to a user, receive user input and/or the like [0247]; therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have an indicator to indicate to a user when an identifier has been read from the aerosol generating article;
Bowen also discloses the identifier is based on time response [0067] and control the temperature after a sensor indicates that vaporization is required; wherein the sensor may function as essentially an on off switch [0107]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the control unit of Bowen to switch off if no identifier is read within a pre-determined time period from an initial read operation because the vaporization is not required if there is no identifier is read.
Regarding claim 41, Bowen discloses a user can activate the device via a push button for the control to read the identifier [0044].
Regarding claim 42, Bowen discloses the aerosol generating article is configured not to transmit the identifier until a request signal transmitted by the device is received [0164].
Regarding claim 43, Bowen discloses the aerosol generating article is configured to transmit the identifier periodically, regardless of whether the aerosol generating article is engaged with the aerosol provision device [0047], capable of depleting a power source of the aerosol generating article within a defined period thereby providing a lifetime for the aerosol generating article to be used.
Response to Arguments
Applicant's arguments filed 5/13/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection. Bowen discloses the control unit is configured to operate according to a pre-defined set of operation modes [0008-0009 and 0046]. Bowen does not expressly disclose pre-defined operation mode is a heating profile. Fernando discloses an aerosol provision system for generating aerosol for user inhalation wherein the control unit may identify the smoking article and adjust the heating profile based on the smoking article type and allow personalized experience (page 17). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to configure the control unit of Bowen to select a heating profile based on the received identifier as taught by Fernando for a personalized experience.
Applicant essentially argues that Bowen fails to disclose or suggest the control unit is configured to switch off or enter a low power mode if no identifier is read within a pred-determined time period from an initial read operation. This argument is not persuasive because Bowen also discloses the identifier is based on time response [0067] and control the temperature after a sensor indicates that vaporization is required; wherein the sensor may function as essentially an on off switch [0107]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the control unit of Bowen to switch off if no identifier is read within a pre-determined time period from an initial read operation because the vaporization id not required if there is no identifier is read.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
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/PHU H NGUYEN/Examiner, Art Unit 1747
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