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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/16/2026 has been entered.
Status of the Claims
In the amendment dated 01/16/2026, claims 1-4 and 6-16 are pending.
Claims 1 and 11-16 have been amended.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: and “computing device… configured to communicate” or “computing device is configured to control an aspect of operation of the computing device” in claims 1 and 11-15 , “electronic aerosol provision means for selectively providing an aerosol” in claim 16, “computing means for communicating” in claim 16.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The electronic aerosol provision means: “Electronic aerosol provision devices…generally contain a reservoir of a source formulation…from which an aerosol is generated…. An aerosol source for an aerosol provision device may thus comprise a heater having a heating element arranged to receive” a source, which may be a “source liquid from20 the reservoir, for example through wicking / capillary action,” (See “Background” in the specification) or a solid with a suitable arrangement to provide suitable heating and vaporization (Par. 0026). Thus, the electronic aerosol provision device or means is interpreted as having a reservoir filled with liquid, or a solid aerosol precursor and a heating element arranged to receive liquid from the reservoir or to heat the solid aerosol precursor, and art-recognized equivalents.
The computing device/means: “the computing device may comprise a smart phone or tablet computer running an application ("app") provided to facilitate a user's interaction with the e-cigarette” or a “laptop, smartwatch, smart TV, etc.” which communicates with the e-cigarette. (“Background” in the specification and Par. 0056). Thus, the computing device or means is interpreted as a smart phone, tablet, laptop, smart watch, or smart TV and art-recognized equivalents.
Note that “biometric sensor means” is determined not to invoke 112(f) because “biometric sensor” is sufficient structure to perform the function of measuring a biometric parameter. Thus, this is interpreted merely as a “biometric sensor.”
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 6-8 and 11-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay (US 20150181945 A1) in view of Kitane (US 20160224779 A1, newly cited)
Regarding claim 1, Tremblay discloses
An electronic aerosol provision system (electronic vaping device, see abstract and see combo 100 and 400 in fig.29) comprising:
an electronic cigarette (100, see fig.29) for selectively providing an aerosol to a user of the electronic cigarette (intended use of the electronic cigarette 100, see abstract: “the electronic vaping device may: allow a capability of the electronic vaping device to provide vapor to be altered (e.g., disabled, reduced, enabled, or increased) in some situations (e.g., to prevent unauthorized vaping by a child, teenager or other individual)”), wherein, when the user inhales on a mouthpiece (outlet 152, see para.0064), air is drawn into the electronic cigarette through one or more inlet holes (see para.0064, air is contained within the electronic cigarette 100. Thus, one of the ordinary skill would understand that the electronic cigarette 100 comprises at least one air inlet hole), the air (air, see para.0064) passing into a vaporizer (vapor producer 120, see fig,2 and para.0064) where the air (air, see para.0064) combines with vaporized aerosol forming substrate and then passes out of the mouthpiece to be inhaled by the user (see para.0064: “Fluid that can be drawn (e.g., puffed, inhaled, etc.) though the outlet 152 may include vapor produced by the vapor producer 120 and/or air or another gas or liquid contained within the electronic cigarette 100”);
a computing device (400, see fig.29 and para.211: “the communication device 400 (e.g., a smartphone, a computer, etc.)”) with a communications interface (communication interface of the communication device 400, see para.0253 and fig.29) configured to communicate with the electronic cigarette (100, see fig.29) to exchange operating data associated with operation of the electronic cigarette (see para.0211: “the electronic cigarette 100 may communicate with the communication device 400 (e.g., a smartphone, a computer, etc.) that is external to the electronic cigarette 100 to convey a notification 860 of potential unauthorized use of the electronic cigarette 100 (e.g., by a child, teenager or other unauthorized user)” and para.0027: “the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”); and
a biometric sensor (biometric sensor of the user interface 150, see para.0065) measure a biometric parameter of the user of the electronic cigarette (see para.0065: “the user interface 150 may include a biometric sensor to sense a biometric feature of the user (e.g., a fingerprint sensor) in order to identify and/or authenticate the user”) and to communicate with the computing device (400, see fig.29 and para.0211) to exchange sensor data indicating a measurement of the biometric parameter (see para.0211: “the electronic cigarette 100 may communicate with the communication device 400 (e.g., a smartphone, a computer, etc.) that is external to the electronic cigarette 100 to convey a notification 860 of potential unauthorized use of the electronic cigarette 100 (e.g., by a child, teenager or other unauthorized user”), the biometric parameter (biometric feature of the user (e.g., a fingerprint sensor), see para.0065) being a measurable aspect of the user which has the potential for change during periods of use of the electronic cigarette (see para.0065, 0211); and wherein
the computing device (400) is configured to control an aspect of operation of the computing device relating to the electronic cigarette (see para.0027) in response to the sensor data (860 includes sensor data, 0211) received from the biometric sensor (biometric sensor of 150, see para.0065 and para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”), and wherein the computing device (400, see fig.29) is configured to support wireless communications with the electronic cigarette (100, see fig.29 and para.0068: “ a communication device 400 that is external to the electronic cigarette 100 may interact with the electronic cigarette 100 over a communication link 440, which may be wireless”) 400, see fig.29) is configured to control the aspect of operation of the computing device relating to the electronic cigarette in response to the sensor data (860) by providing operating data to the electronic cigarette (para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”) that comprises control information for controlling an aspect of the operation of the electronic cigarette (para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”).
Tremblay discloses the biometric sensor (biometric sensor, see para.0065), wherein the biometric sensor that is configured to communicate with the computing device 400 to exchange sensor data indicating a measurement of the biometric parameter (see para.0211).
However, Tremblay does not explicitly disclose
the biometric sensor comprising a transceiver unit,
the biometric sensor that is separated from the electronic cigarette in use and configured to communicate with the computing device using the transceiver unit to exchange sensor data indicating a measurement of the biometric parameter; and wherein
the computing device is configured to support wireless communication with the biometric sensor.
Kitane discloses a technique of device control by a portable key device using biometric authentication technology, comprising:
the biometric sensor (biometric authentication device 100 includes a communication unit and a biometric information input unit, see fig.1 of Kitane) comprising a transceiver unit (see wireless connection between items 100-101 in fig.1 and “ Bluetooth”, see para.0027-0031 of Kitane. It is clear that the wireless communication unit of the device 100 comprises the “transceiver unit”),
the biometric sensor (100 of of Kitane, see fig.1) that is separated from the electronic cigarette (electronic cigarette 100 of Tremblay. See figs.1-2 of Kitane, the biometric authentication device 100 is separated from the control object devices 102 to 104 . Thus, in the modification of Tremblay in view of Kitane, the biometric authentication device 100 of Kitane, comprising the wireless connection unit, is separated from the electronic cigarette 100 of Tremblay) in use (see fig.1 of of Kitane) and configured to communicate with the computing device (101 of Kitane) using the transceiver unit (see wireless connection in fig.1 of Kitane and para.0031 of Kitane: “the biometric authentication device 100 starts connection with the portable device 101 via wireless communication”) to exchange sensor data indicating a measurement of the biometric parameter (see para.0026 of Kitane: “ biometric authentication using a fingerprint”); and wherein
the computing device (101 of Kitane) is configured to support wireless communication with the biometric sensor (100 of of Kitane, see fig.1).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify the biometric sensor, electronic cigarette and computing device of Tremblay to include the wireless communication(s) and teachings as taught by Kitane so as “the biometric sensor comprising a transceiver unit, the biometric sensor that is separated from the electronic cigarette in use and configured to communicate with the computing device using the transceiver unit to exchange sensor data indicating a measurement of the biometric parameter; and wherein the computing device is configured to support wireless communication with the biometric sensor” as claimed. The modification allows easy installation & portability when no complex, intrusive wiring is required, allowing for quick setup or movement.
Regarding claim 2, Tremblay further discloses the computing device (400, see fig.29) is configured to control the aspect of operation of the computing device relating to the electronic cigarette (see para.0025, 0027) in response to the sensor data (sensor data from the biometric sensor, see para.0065) by updating a user interface (display of the cellphone 400, see para.0213) providing the user of the electronic cigarette (user of 100) with information (text message, see para.0213) relating to the operation of the electronic cigarette to include an indication of the sensor data (see para.0065 and 0211: “ the electronic cigarette 100 may communicate with the communication device 400 (e.g., a smartphone, a computer, etc.) that is external to the electronic cigarette 100 to convey a notification 860 of potential unauthorized use of the electronic cigarette 100 (e.g., by a child, teenager or other unauthorized user)”).
Regarding claim 3, Tremblay further discloses the indication of the sensor data (860, see fig.29) included in the user interface (display of the cellphone 400, see 0213) comprises an indication of the measurement of the biometric parameter (See para.0211: “notification 860 of potential unauthorized use of the electronic cigarette 100”, wherein ).
Regarding claim 6, Tremblay further discloses controlling the aspect of the operation of the electronic cigarette (see para.0025, para.0027) comprises configuring an indicator (860, see para.0211 and fig.29) of the electronic cigarette (100) to provide an indication (860) relating to the sensor data (see para.0065 and 0211: “ the electronic cigarette 100 may communicate with the communication device 400 (e.g., a smartphone, a computer, etc.) that is external to the electronic cigarette 100 to convey a notification 860 of potential unauthorized use of the electronic cigarette 100 (e.g., by a child, teenager or other unauthorized user)”).
Regarding claim 7, Tremblay further discloses controlling the aspect of the operation of the electronic cigarette (see para.0025, para.0027) comprises restricting an ability of the electronic cigarette to provide aerosol to the user (Para.0225 recites: “the PUU notification 860 may be conveyed via the mobile communication device 400 in conjunction with an alteration (e.g., a disabling, a reduction, etc.) of the vapor-providing capability of the electronic cigarette 100”).
Regarding claim 8, Tremblay further discloses the electronic cigarette (100) comprises a heater (heater, see para.0064) for heating an aerosol precursor material to provide an aerosol to the user (see para.0064), and wherein restricting the ability of the electronic cigarette to provide aerosol to the user comprises preventing or limiting a supply of power to the heater for a period of time (see para.0064: “.the controller 160 may responsively control the vaporizer 126 (e.g., by causing the heater to cease heating”)
Regarding claim 11, Tremblay discloses An electronic cigarette (100, see fig.29) for selectively providing an aerosol to a user of the electronic cigarette (intended use of the electronic cigarette 100, see abstract: “the electronic vaping device may: allow a capability of the electronic vaping device to provide vapor to be altered (e.g., disabled, reduced, enabled, or increased) in some situations (e.g., to prevent unauthorized vaping by a child, teenager or other individual”) wherein, when the user inhales on a mouthpiece (outlet 152, see para.0064), air is drawn into the cigarette through one or more inlet holes (see para.0064, air is contained within the electronic cigarette 100. Thus, one of the ordinary skill would understand that the electronic cigarette 100 comprises at least one air inlet hole), the air (air, see para.0064) passing into a vaporizer (vapor producer 120, see para.0064) where the air (air, see para.0064) combines with a vaporized aerosol forming substrate and then passes out of the mouthpiece to be inhaled by the user (see para.0064: “Fluid that can be drawn (e.g., puffed, inhaled, etc.) though the outlet 152 may include vapor produced by the vapor producer 120 and/or air or another gas or liquid contained within the electronic cigarette 100”), the cigarette (100, see fig.29) comprising:
a communications interface ( communication interface 170, see para.0137) configured to communicate with a computing device (400, see figs.15, 29 and para.0136) to exchange operating data associated with operation of the electronic cigarette (See para.0211: “the electronic cigarette 100 may communicate with the communication device 400 (e.g., a smartphone, a computer, etc.) that is external to the electronic cigarette 100 to convey a notification 860 of potential unauthorized use of the electronic cigarette 100 (e.g., by a child, teenager or other unauthorized user)” and para.0027: “, the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400” ), wherein
the computing device (400) is configured to control an aspect of operation of the computing device relating to the electronic cigarette in response to sensor data (860 includes data sensor, see para.0211) received from a biometric sensor (biometric sensor of 150, see para.0065 and para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”, wherein the PUU notification 860 contained potential unauthorized use of the electronic cigarette 10 that sensed by the biometric sensor of 150) see para.0065: “the user interface 150 may include a biometric sensor to sense a biometric feature of the user (e.g., a fingerprint sensor) in order to identify and/or authenticate the user”) and to communicate with the computing device (400, see fig.29 and para.0211) to exchange the sensor data (860) indicating a measurement of the biometric parameter (see para.0211: “the electronic cigarette 100 may communicate with the communication device 400 (e.g., a smartphone, a computer, etc.) that is external to the electronic cigarette 100 to convey a notification 860 of potential unauthorized use of the electronic cigarette 100 (e.g., by a child, teenager or other unauthorized user)” and para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”); wherein the biometric sensor belongs to the electronic cigarette 100. The electronic cigarette 100 communicates with the mobile communication device 400 to exchange the PUU notification 860 indicating the measurement of the of potential unauthorized use of the electronic cigarette 100 so that the biometric sensor, which belongs to the electronic cigarette 100, communicates with the mobile communication device 400 to exchange the PUU notification 860 as claimed), the biometric parameter (biometric feature of the user (e.g., a fingerprint sensor), see para.0065) being a measurable aspect of the user which has the potential for change during periods of use of the electronic cigarette (see para.0065, 0211);
wherein the computing device (400) is configured to support wireless communication with the electronic cigarette (see fig.29 and para.0068: “ a communication device 400 that is external to the electronic cigarette 100 may interact with the electronic cigarette 100 over a communication link 440, which may be wireless”) 400, see fig.29) is configured to control the aspect of operation of the computing device relating to the electronic cigarette in response to the sensor data (860) by providing operating data to the electronic cigarette (para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”) that comprises control information for controlling an aspect of the operation of the electronic cigarette (see para.0025: “the PUU notification 860 may be conveyed via the mobile communication device 400 in conjunction with an alteration (e.g., a disabling, a reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I.”).
Tremblay discloses the biometric sensor (biometric sensor, see para.0065), wherein the biometric sensor that is configured to communicate with the computing device 400 to exchange sensor data indicating a measurement of the biometric parameter (see para.0211).
However, Tremblay does not explicitly disclose
the biometric sensor comprising a transceiver unit,
the biometric sensor that is separated from the electronic cigarette in use and configured to communicate with the computing device using the transceiver unit to exchange sensor data indicating a measurement of the biometric parameter; and wherein
the computing device is configured to support wireless communication with the biometric sensor.
Kitane discloses a technique of device control by a portable key device using biometric authentication technology, comprising:
the biometric sensor (biometric authentication device 100 includes a communication unit and a biometric information input unit, see fig.1 of Kitane) comprising a transceiver unit (see wireless connection in fig.1 and “ Bluetooth”, see para.0027-0031 of Kitane. It is clear that the wireless communication unit of the device 100 comprises the “transceiver unit”),
the biometric sensor (100 of of Kitane, see fig.1) that is separated from the electronic cigarette (electronic cigarette 100 of Tremblay. See figs.1-2 of Kitane, the biometric authentication device 100 is separated from the control object devices 102 to 104 . Thus, in the modification of Tremblay in view of Kitane, the biometric authentication device 100 of Kitane, comprising the wireless connection unit, is separated from the electronic cigarette 100 of Tremblay) in use (see fig.1 of of Kitane) and configured to communicate with the computing device (101 of Kitane) using the transceiver unit (see wireless connection in fig.1 of Kitane and para.0031 of Kitane: “the biometric authentication device 100 starts connection with the portable device 101 via wireless communication”) to exchange sensor data indicating a measurement of the biometric parameter (see figs.1-2); and wherein
the computing device (101 of Kitane) is configured to support wireless communication with the biometric sensor (100 of of Kitane, see fig.1).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify the biometric sensor, electronic cigarette and computing device of Tremblay to include the wireless communication and teachings as taught by Kitane so as “the biometric sensor comprising a transceiver unit, the biometric sensor that is separated from the electronic cigarette in use and configured to communicate with the computing device using the transceiver unit to exchange sensor data indicating a measurement of the biometric parameter; and wherein the computing device is configured to support wireless communication with the biometric sensor” as claimed. The modification allows easy installation & portability when no complex, intrusive wiring is required, allowing for quick setup or movement.
Regarding claim 12, Tremblay discloses A method of operating an electronic aerosol provision system (electronic vaping device, see abstract and see combo 100 and 400 in fig.29) comprising
an electronic cigarette (100, see fig.29), a computing device (400, see fig.29 and para.211: “the communication device 400 (e.g., a smartphone, a computer, etc.)”) with a communications interface (communication interface of the communication device 400, see para.0253 and fig.29) configured to communicate with the electronic cigarette (100, see fig.29) to exchange operating data associated with operation of the electronic cigarette (see para.0211: “the electronic cigarette 100 may communicate with the communication device 400 (e.g., a smartphone, a computer, etc.) that is external to the electronic cigarette 100 to convey a notification 860 of potential unauthorized use of the electronic cigarette 100 (e.g., by a child, teenager or other unauthorized user)” and para.0027: “, the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”) and a biometric sensor (biometric sensor of the user interface 150, see para.0065) see para.0065: “the user interface 150 may include a biometric sensor to sense a biometric feature of the user (e.g., a fingerprint sensor) in order to identify and/or authenticate the user”) and to communicate with the computing device (400, see fig.29 and para.0211) (see para.0211: “the electronic cigarette 100 may communicate with the communication device 400 (e.g., a smartphone, a computer, etc.) that is external to the electronic cigarette 100 to convey a notification 860 of potential unauthorized use of the electronic cigarette 100 (e.g., by a child, teenager or other unauthorized user)” and para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”); wherein the biometric sensor belongs to the electronic cigarette 100. The electronic cigarette 100 communicates with the mobile communication device 400 to exchange the PUU notification 860 indicating the measurement of the of potential unauthorized use of the electronic cigarette 100 so that the biometric sensor, which belongs to the electronic cigarette 100, communicates with the mobile communication device 400 to exchange the PUU notification 860 as claimed), wherein, when the user inhales on a mouthpiece of the cigarette (100), air is drawn into the cigarette through one or more inlet holes (see para.0064, air is contained within the electronic cigarette 100. Thus, one of the ordinary skill would understand that the electronic cigarette 100 comprises at least one air inlet hole), the air (air, see para.0064) passing into a vaporizer (vapor producer 120, see fig,2 and para.0064) where the air combines with a vaporized aerosol forming substrate and then passes out of the mouthpiece to be inhaled by the user (see para.0064: “Fluid that can be drawn (e.g., puffed, inhaled, etc.) though the outlet 152 may include vapor produced by the vapor producer 120 and/or air or another gas or liquid contained within the electronic cigarette 100”), and wherein the computing device (400, see fig.29 and para.211: “the communication device 400 (e.g., a smartphone, a computer, etc.)”) is configured to support wireless communications with the electronic cigarette (100, see fig.29 and para.0068: “ a communication device 400 that is external to the electronic cigarette 100 may interact with the electronic cigarette 100 over a communication link 440, which may be wireless”)
the biometric sensor (biometric sensor of the user interface 150, see para.0065) measuring a biometric parameter of the user of the electronic cigarette (see para.0065: “the user interface 150 may include a biometric sensor to sense a biometric feature of the user (e.g., a fingerprint sensor) in order to identify and/or authenticate the user”) and communicating sensor data (860, see fig.29) indicating a measurement of the biometric parameter to the computing device ((see para.0211: “the electronic cigarette 100 may communicate with the communication device 400 (e.g., a smartphone, a computer, etc.) that is external to the electronic cigarette 100 to convey a notification 860 of potential unauthorized use of the electronic cigarette 100 (e.g., by a child, teenager or other unauthorized user”, wherein the biometric sensor belongs to the electronic cigarette 100. The electronic cigarette 100 communicates with the mobile communication device 400 to send the PUU notification 860 indicating the measurement of the of potential unauthorized use of the electronic cigarette 100 so that the biometric sensor, which belongs to the electronic cigarette 100, communicates with the mobile communication device 400 to send the PUU notification 860 as claimed ), the biometric parameter being a measurable aspect of the user which has the potential for change during periods of use of the electronic cigarette; and
the computing device (400, see fig.29 and para.211: “the communication device 400 (e.g., a smartphone, a computer, etc.)”) controlling an aspect of operation of the computing device (400) relating to the electronic cigarette (100) in response to the sensor data received from the biometric sensor (biometric sensor of 150, see para.0065 and para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”), wherein the computing device (400, see fig.29) is configured to control the aspect of operation of the computing device relating to the electronic cigarette (100) in response to the sensor data (860) by providing operating data to the electronic cigarette (para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”) that comprises control information for controlling an aspect of the operation of the electronic cigarette (see para.0025: “the PUU notification 860 may be conveyed via the mobile communication device 400 in conjunction with an alteration (e.g., a disabling, a reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I”).
Tremblay discloses the biometric sensor (biometric sensor, see para.0065), wherein the biometric sensor that is configured to communicate with the computing device 400 to exchange sensor data indicating a measurement of the biometric parameter (see para.0211).
However, Tremblay does not explicitly disclose
the biometric sensor comprising a transceiver unit,
the biometric sensor that is separated from the electronic cigarette in use and to communicate with the computing device using the transceiver unit to exchange sensor data indicating a measurement of the biometric parameter; and wherein
the computing device is configured to support wireless communication with the biometric sensor.
Kitane discloses a technique of device control by a portable key device using biometric authentication technology, comprising:
the biometric sensor (biometric authentication device 100 includes a communication unit and a biometric information input unit, see fig.1 of Kitane) comprising a transceiver unit (see wireless connection in fig.1 and “ Bluetooth”, see para.0027 of Kitane. It is clear that the wireless communication unit of the device 100 comprises the “transceiver unit”),
the biometric sensor (100 of of Kitane, see fig.1) that is separated from the electronic cigarette (electronic cigarette 100 of Tremblay. See figs.1-2 of Kitane, the biometric authentication device 100 is separated from the control object devices 102 to 104 . Thus, in the modification of Tremblay in view of Kitane, the biometric authentication device 100 of Kitane, comprising the wireless connection unit, is separated from the electronic cigarette 100 of Tremblay) in use (see fig.1 of of Kitane) and to communicate with the computing device (101 of Kitane) using the transceiver unit (see wireless connection in fig.1 of Kitane and para.0031 of Kitane: “the biometric authentication device 100 starts connection with the portable device 101 via wireless communication”) to exchange sensor data indicating a measurement of the biometric parameter (see para.0026 of Kitane: “ biometric authentication using a fingerprint”) to exchange sensor data indicating a measurement of the biometric parameter (see figs.1-2); and wherein
the computing device (101 of Kitane) is configured to support wireless communication with the biometric sensor (100 of of Kitane, see fig.1).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify the biometric sensor, electronic cigarette and computing device of Tremblay to include the wireless communication(s) and teachings as taught by Kitane so as “the biometric sensor comprising a transceiver unit, the biometric sensor that is separated from the electronic cigarette in use and to communicate with the computing device using the transceiver unit to exchange sensor data indicating a measurement of the biometric parameter; and wherein the computing device is configured to support wireless communication with the biometric sensor” as claimed. The modification allows easy installation & portability when no complex, intrusive wiring is required, allowing for quick setup or movement.
Regarding claim 13, Tremblay discloses A computing device (400, see fig.20) configured to communicate with an electronic cigarette (100, see fig.20), wherein, when a user inhales on a mouthpiece (outlet 152, see para.0064), air is drawn into the electronic cigarette through one or more inlet holes (see para.0064, air is contained within the electronic cigarette 100. Thus, one of the ordinary skill would understand that the electronic cigarette 100 comprises at least one air inlet hole), the air (air, see para.0064) passing into a vaporizer (vapor producer 120, see fig,2 and para.0064) where the air (air, see para.0064) combines with a vaporized aerosol forming substrate and then passes out of the mouthpiece to be inhaled by the user (see para.0064: “Fluid that can be drawn (e.g., puffed, inhaled, etc.) though the outlet 152 may include vapor produced by the vapor producer 120 and/or air or another gas or liquid contained within the electronic cigarette 100”),
the computing device (400, see fig.20) configured to exchange operating data associated with operation of the electronic cigarette (100, see fig.20 and para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”) and to communicate with a biometric sensor (the biometric sensor belongs to the electronic cigarette 100. The electronic cigarette 100 communicates with the mobile communication device 400 so that the biometric sensor, which belongs to the electronic cigarette 100, communicates with the mobile communication device 400 as claimed ) 860) from the biometric sensor (biometric sensor of 150) indicating a measurement of a biometric parameter of the user of the electronic cigarette (see para.0211: “a notification 860 of potential unauthorized use of the electronic cigarette 100”), the biometric parameter being a measurable aspect of the user which has the potential for change during periods of use of the electronic cigarette (see para.0065, 0211), wherein the computing device (400, see fig.20) comprises: a processor (CPU of 400, see fig.20) configured to control an aspect of operation of the computing device (400) relating to the electronic cigarette (100) in response to the sensor data received from the biometric sensor (biometric sensor of 150, see para.0065 and para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”), wherein the computing device (400) is configured to support wireless communications with the electronic cigarette (100, see fig.29 and para.0068: “ a communication device 400 that is external to the electronic cigarette 100 may interact with the electronic cigarette 100 over a communication link 440, which may be wireless”) CPU of 400) is configured to control the aspect of operation of the computing device (400) relating to the electronic cigarette (100) in response to the sensor data (sensor data from biometric sensor of 150) by providing operating data to the cigarette that comprises control information for controlling an aspect of the operation of the electronic cigarette (see para.0025: “the PUU notification 860 may be conveyed via the mobile communication device 400 in conjunction with an alteration (e.g., a disabling, a reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I”).
Tremblay discloses the biometric sensor (biometric sensor, see para.0065), wherein the biometric sensor that is configured to communicate with the computing device 400 to exchange sensor data indicating a measurement of the biometric parameter (see para.0211).
However, Tremblay does not explicitly disclose
the computing device is configured to communicate with a biometric sensor comprising a transceiver unit by using the transceiver unit,
the biometric sensor that is separated from the electronic cigarette in use to receive sensor data from the biometric sensor indicating a measurement of a biometric parameter of the user of the electronic cigarette; and wherein
the computing device is configured to support wireless communication with the biometric sensor.
Kitane discloses a technique of device control by a portable key device using biometric authentication technology, comprising:
the computing device (101 of Kitane) is configured to communicate with a biometric sensor (biometric authentication device 100 includes a communication unit and a biometric information input unit, see fig.1) comprising a transceiver unit (see wireless connection in fig.1 and “ Bluetooth”, see para.0027. It is clear that the wireless communication unit of the device 100 comprises the “transceiver unit”) by using the transceiver unit (see wireless connection in fig.1 and “ Bluetooth”, see para.0027),
the biometric sensor (100 of of Kitane, see fig.1) that is separated from the electronic cigarette (electronic cigarette 100 of Tremblay. See figs.1-2 of Kitane, the biometric authentication device 100 is separated from the control object devices 102 to 104 . Thus, in the modification of Tremblay in view of Kitane, the biometric authentication device 100 of Kitane, comprising the wireless connection unit, is separated from the electronic cigarette 100 of Tremblay) in use (see fig.1 of of Kitane) to receive sensor data from the biometric sensor (100 of Kitane) indicating a measurement of a biometric parameter of the user (fingerprint of the user, see para.0026 of Kitane) of the electronic cigarette (electronic cigarette 100 of Tremblay); and wherein
the computing device (101 of Kitane) is configured to support wireless communication with the biometric sensor (100 of of Kitane, see fig.1).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify the biometric sensor, electronic cigarette and computing device of Tremblay to include the wireless communication(s) and teachings as taught by Kitane so as “the computing device is configured to communicate with a biometric sensor comprising a transceiver unit by using the transceiver unit, the biometric sensor that is separated from the electronic cigarette in use; and wherein the computing device is configured to support wireless communication with the biometric sensor” as claimed. The modification allows easy installation & portability when no complex, intrusive wiring is required, allowing for quick setup or movement.
Regarding claim 14, Tremblay discloses A method of operating a computing device (400, see fig.29) configured to communicate with an electronic cigarette (100, see fig.29) to exchange operating data associated with the operation of the electronic cigarette (see para.0211: “the electronic cigarette 100 may communicate with the communication device 400 (e.g., a smartphone, a computer, etc.) that is external to the electronic cigarette 100 to convey a notification 860 of potential unauthorized use of the electronic cigarette 100 (e.g., by a child, teenager or other unauthorized user)” and para.0027: “, the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”), wherein when the user inhales on a mouthpiece (outlet 152, see para.0064), air is drawn into the electronic cigarette through one or more inlet holes (see para.0064, air is contained within the electronic cigarette 100. Thus, one of the ordinary skill would understand that the electronic cigarette 100 comprises at least one air inlet hole), the air (air, see para.0064) passing into a vaporizer (vapor producer 120, see fig,2 and para.0064) where the air (air, see para.0064) combines with vaporized aerosol forming substrate and then passes out of the mouthpiece to be inhaled by the user (see para.0064: “Fluid that can be drawn (e.g., puffed, inhaled, etc.) though the outlet 152 may include vapor produced by the vapor producer 120 and/or air or another gas or liquid contained within the electronic cigarette 100”), the method comprising:
communicating with a biometric sensor (biometric sensor, see para.0065) see para.0211: “the electronic cigarette 100 may communicate with the communication device 400 (e.g., a smartphone, a computer, etc.) that is external to the electronic cigarette 100 to convey a notification 860 of potential unauthorized use of the electronic cigarette 100 (e.g., by a child, teenager or other unauthorized user)”. The mobile communication device 400 communicates with the cigarette 100, including the biometric sensor, to receive the PUU notification 860 indicating the measurement of the of potential unauthorized use of the electronic cigarette 100), the biometric parameter (biometric feature of the user (e.g., a fingerprint sensor), see para.0065) being a measurable aspect of the user which has the potential for change during periods of use of the electronic cigarette (see para.0065, 0211); and controlling an aspect of operation of the computing device (400) relating to the electronic cigarette (100) in response to the sensor data received from the biometric sensor biometric sensor of 150, see para.0065 and para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”), wherein the computing device (400) is configured to support wireless communications with the electronic cigarette (100, see fig.29 and para.0068: “ a communication device 400 that is external to the electronic cigarette 100 may interact with the electronic cigarette 100 over a communication link 440, which may be wireless”)
wherein the computing device (400) is configured to control the aspect of operation of the computing device (400) relating to the electronic cigarette in response to the sensor data by providing operating data to the electronic cigarette that comprises control information for controlling an aspect of the operation of the electronic cigarette (para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”).
Tremblay discloses the biometric sensor (biometric sensor, see para.0065), wherein the biometric sensor that is configured to communicate with the computing device 400 to exchange sensor data indicating a measurement of the biometric parameter (see para.0211).
However, Tremblay does not explicitly disclose
communicating with the biometric sensor comprising a transceiver unit by using the transceiver unit,
the biometric sensor that is separated from the electronic cigarette in use to receive sensor data from the biometric sensor indicating a measurement of a biometric parameter of the user of the electronic cigarette, and
the computing device is configured to support wireless communication with the biometric sensor.
Kitane discloses a technique of device control by a portable key device using biometric authentication technology, comprising:
communicating with the biometric sensor (biometric authentication device 100 includes a communication unit and a biometric information input unit, see fig.1) comprising a transceiver unit (see wireless connection in fig.1 and “ Bluetooth”, see para.0027. It is clear that the wireless communication unit of the device 100 comprises the “transceiver unit”) by using the transceiver unit (see wireless connection in fig.1 and “ Bluetooth”, see para.0027),
the biometric sensor (100 of of Kitane, see fig.1) that is separated from the electronic cigarette (electronic cigarette 100 of Tremblay. See figs.1-2 of Kitane, the biometric authentication device 100 is separated from the control object devices 102 to 104 . Thus, in the modification of Tremblay in view of Kitane, the biometric authentication device 100 of Kitane, comprising the wireless connection unit, is separated from the electronic cigarette 100 of Tremblay) in use (see fig.1 of of Kitane) to receive sensor data from the biometric sensor (100 of Kitane) indicating a measurement of a biometric parameter of the user (fingerprint of the user, see para.0026 of Kitane) of the electronic cigarette (electronic cigarette 100 of Tremblay) and wherein
the computing device (101 of Kitane) is configured to support wireless communication with the biometric sensor (100 of of Kitane, see fig.1).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify the method of Tremblay to include the wireless communication(s) and teachings as taught by Kitane so as the method comprises “communicating with the biometric sensor comprising a transceiver unit by using the transceiver unit, the biometric sensor that is separated from the electronic cigarette in use, and the computing device is configured to support wireless communication with the biometric sensor” as claimed. The modification allows easy installation & portability when no complex, intrusive wiring is required, allowing for quick setup or movement.
Regarding claim 15, Tremblay discloses A non-transitory computer-readable storage element (CPU of computer 400, see fig.20) storing a computer program product comprising machine readable instructions which, when executed on a computing device (400, see fig.20), configure the computing device (400) to: communicate, wirelessly (see para.0110), with an electronic cigarette (100. See fig.20) to exchange operating data associated with the operation of the electronic cigarette see para.0211: “the electronic cigarette 100 may communicate with the communication device 400 (e.g., a smartphone, a computer, etc.) that is external to the electronic cigarette 100 to convey a notification 860 of potential unauthorized use of the electronic cigarette 100 (e.g., by a child, teenager or other unauthorized user)” and para.0027: “, the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”), wherein when the user inhales on a mouthpiece (outlet 152, see para.0064), air is drawn into the electronic cigarette through one or more inlet holes (see para.0064, air is contained within the electronic cigarette 100. Thus, one of the ordinary skill would understand that the electronic cigarette 100 comprises at least one air inlet hole), the air (air, see para.0064) passing into a vaporizer (vapor producer 120, see fig,2 and para.0064) where the air (air, see para.0064) combines with vaporized aerosol forming substrate and then passes out of the mouthpiece to be inhaled by the user (see para.0064: “Fluid that can be drawn (e.g., puffed, inhaled, etc.) though the outlet 152 may include vapor produced by the vapor producer 120 and/or air or another gas or liquid contained within the electronic cigarette 100”);
communicate, biometric sensor, see para.0065. Since the communication device 400 interacts with the electronic cigarette 100 over the wireless communication, The biometric sensor, which is a part of the cigarette 100, interacts with the communication device 400 over the wireless communication) (860) from the biometric sensor (biometric sensor of the user interface 150) indicating a measurement of a biometric parameter of the user of the electronic cigarette (see para.0211: “the electronic cigarette 100 may communicate with the communication device 400 (e.g., a smartphone, a computer, etc.) that is external to the electronic cigarette 100 to convey a notification 860 of potential unauthorized use of the electronic cigarette 100 (e.g., by a child, teenager or other unauthorized user)”), the biometric parameter being a measurable aspect of the user which has the potential for change during periods of use of the electronic cigarette (see para.0211), and control an aspect of operation of the computing device (400) relating to the electronic cigarette in response to the sensor data received from the biometric sensor (“para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”)”), wherein the computing device (400) is configured to control the aspect of operation of the computing device relating to the electronic cigarette (100) in response to the sensor data (860) by providing operating data to the electronic cigarette that comprises control information for controlling an aspect of the operation of the electronic cigarette (“para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”)”).
Tremblay discloses the biometric sensor (biometric sensor, see para.0065), wherein the biometric sensor that is configured to communicate with the computing device 400 to exchange sensor data indicating a measurement of the biometric parameter (see para.0211).
However, Tremblay does not explicitly disclose
the computing device is configured to: communicate, wirelessly, with a biometric sensor comprising a transceiver unit by using the transceiver unit,
the biometric sensor that is separated from the electronic cigarette in use to receive sensor data from the biometric sensor indicating a measurement of a biometric parameter of the user of the electronic cigarette.
Kitane discloses a technique of device control by a portable key device using biometric authentication technology, comprising:
the computing device (101 of Kitane) is configured to: communicate, wirelessly, with a biometric sensor (biometric authentication device 100 includes a communication unit and a biometric information input unit, see fig.1) comprising a transceiver unit (see wireless connection in fig.1 and “ Bluetooth”, see para.0027. It is clear that the wireless communication unit of the device 100 comprises the “transceiver unit”) by using the transceiver unit (see wireless connection in fig.1 and “ Bluetooth”, see para.0027),
the biometric sensor (100 of Kitane, see fig.1) that is separated from the electronic cigarette (electronic cigarette 100 of Tremblay. See figs.1-2 of Kitane, the biometric authentication device 100 is separated from the control object devices 102 to 104 . Thus, in the modification of Tremblay in view of Kitane, the biometric authentication device 100 of Kitane, comprising the wireless connection unit, is separated from the electronic cigarette 100 of Tremblay) in use (see fig.1 of of Kitane) to receive sensor data from the biometric sensor (100 of Kitane) indicating a measurement of a biometric parameter of the user (fingerprint of the user, see para.0026 of Kitane) of the electronic cigarette (electronic cigarette 100 of Tremblay).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify Tremblay invention to include the wireless communication(s) and teachings as taught by Kitane so as “the computing device is configured to: communicate, wirelessly, with a biometric sensor comprising a transceiver unit by using the transceiver unit, the biometric sensor that is separated from the electronic cigarette in use to receive sensor data from the biometric sensor indicating a measurement of a biometric parameter of the user of the electronic cigarette”. The modification allows easy installation & portability when no complex, intrusive wiring is required, allowing for quick setup or movement.
Regarding claim 16, Tremblay discloses
An electronic aerosol provision system (electronic vaping device, see abstract and see combo 100 and 400 in fig.29) comprising:
electronic aerosol provision means (100, see fig.29) for selectively providing an aerosol to a user of the electronic aerosol provision means ((intended use of the electronic cigarette 100, see abstract: “the electronic vaping device may: allow a capability of the electronic vaping device to provide vapor to be altered (e.g., disabled, reduced, enabled, or increased) in some situations (e.g., to prevent unauthorized vaping by a child, teenager or other individual)”) wherein, when the user inhales on a mouthpiece (outlet 152, see para.0064), air is drawn into the electronic aerosol provision means through one or more inlet holes (see para.0064, air is contained within the electronic cigarette 100. Thus, one of the ordinary skill would understand that the electronic cigarette 100 comprises at least one air inlet hole), the air passing into a vaporizer (vapor producer 120, see fig,2 and para.0064) where the air combines with a vaporized aerosol forming substrate and then passes out of the mouthpiece to be inhaled by the user(see para.0064: “Fluid that can be drawn (e.g., puffed, inhaled, etc.) though the outlet 152 may include vapor produced by the vapor producer 120 and/or air or another gas or liquid contained within the electronic cigarette 100”);
computing means (400, see fig.29 and para.211: “the communication device 400 (e.g., a smartphone, a computer, etc.)”) for communicating with the electronic aerosol provision means (100) to exchange operating data associated with operation of the electronic aerosol provision means (see para.0211: “the electronic cigarette 100 may communicate with the communication device 400 (e.g., a smartphone, a computer, etc.) that is external to the electronic cigarette 100 to convey a notification 860 of potential unauthorized use of the electronic cigarette 100 (e.g., by a child, teenager or other unauthorized user)” and para.0027: “, the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”); and biometric sensor means (biometric sensor of the user interface 150, see para.0065) see para.0065: “the user interface 150 may include a biometric sensor to sense a biometric feature of the user (e.g., a fingerprint sensor) in order to identify and/or authenticate the user”) and communicating with the computing means (400) to exchange sensor data indicating a measurement of the biometric parameter (see para.0211: “the electronic cigarette 100 may communicate with the communication device 400 (e.g., a smartphone, a computer, etc.) that is external to the electronic cigarette 100 to convey a notification 860 of potential unauthorized use of the electronic cigarette 100 (e.g., by a child, teenager or other unauthorized user)” and para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”); wherein the biometric sensor belongs to the electronic cigarette 100. The electronic cigarette 100 communicates with the mobile communication device 400 to exchange the PUU notification 860 indicating the measurement of the of potential unauthorized use of the electronic cigarette 100 so that the biometric sensor, which belongs to the electronic cigarette 100, communicates with the mobile communication device 400 to exchange the PUU notification 860 as claimed ),
the biometric parameter (biometric feature of the user (e.g., a fingerprint sensor), see para.0065) being a measurable aspect of the user which has the potential for change during periods of use of the electronic aerosol provision means (see para.0065, 0211); and wherein
the computing means (400) controls an aspect of operation of the computing means (400) relating to the electronic aerosol provision means (100) in response to the sensor data received from the biometric sensor means (biometric sensor of 150, see para.0065 and para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”), wherein the computing means (400) is configured to support wireless communications with the electronic aerosol provision means (100, see fig.29 and para.0068: “ a communication device 400 that is external to the electronic cigarette 100 may interact with the electronic cigarette 100 over a communication link 440, which may be wireless”) (para.0027: “ the alteration (e.g., disabling, reduction, etc.) of the vapor-providing capability of the electronic cigarette 100 as discussed above in section I may be effected in response to the owner of the electronic cigarette 100 inputting a command to effect this alteration via the user interface of the mobile communication device 400 upon having received the PUU notification 860 conveyed via the mobile communication device 400”).
Tremblay discloses the biometric sensor means (biometric sensor, see para.0065), wherein the biometric sensor means that is configured to communicate with the computing device 400 to exchange sensor data indicating a measurement of the biometric parameter (see para.0211).
However, Tremblay does not explicitly disclose
the biometric sensor means comprising a transceiver unit,
the biometric sensor means that is separated from the electronic aerosol provision means in use;
communicating with the computing means using the transceiver unit to exchange sensor data indicating a measurement of the biometric parameter; and
the computing means is configured to support wireless communication with the biometric sensor means.
Kitane discloses a technique of device control by a portable key device using biometric authentication technology, comprising:
the biometric sensor means (biometric authentication device 100 includes a communication unit and a biometric information input unit, see fig.1) comprising a transceiver unit (see wireless connection in fig.1 and “ Bluetooth”, see para.0027. It is clear that the wireless communication unit of the device 100 comprises the “transceiver unit”),
the biometric sensor means (100 of of Kitane, see fig.1) that is separated from the electronic aerosol provision means (electronic cigarette 100 of Tremblay. See figs.1-2 of Kitane, the biometric authentication device 100 is separated from the control object devices 102 to 104 . Thus, in the modification of Tremblay in view of Kitane, the biometric authentication device 100 of Kitane, comprising the wireless connection unit, is separated from the electronic cigarette 100 of Tremblay) in use (see fig.1 of of Kitane);
communicating with the computing means (101 of Kitane) using the transceiver unit (see wireless connection in fig.1 and “ Bluetooth”, see para.0027) to exchange sensor data indicating a measurement of the biometric parameter (see figs.1-2); and
the computing means (101 of Kitane) is configured to support wireless communication with the biometric sensor means (100 of of Kitane, see fig.1).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify the biometric sensor means, computing means amd electronic aerosol provision of Tremblay to include the wireless communication(s) and teachings as taught by Kitane so as “the biometric sensor means comprising a transceiver unit, the biometric sensor means that is separated from the electronic aerosol provision means in use;
communicating with the computing means using the transceiver unit to exchange sensor data indicating a measurement of the biometric parameter; and the computing means is configured to support wireless communication with the biometric sensor means” as claimed. The modification allows easy installation & portability when no complex, intrusive wiring is required, allowing for quick setup or movement.
Claim 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay in view of Kitane as applied to claim 2 and further in view of Allyn (US 20160283703 A1)
Regarding claim 4, the modification discloses substantially all the claimed limitations as set forth, Tremblay further discloses the indication of the sensor data (860) included in the user interface (screen of the cellphone 400, see fig.29)), except comprises an indication of whether or not the measurement of the biometric parameter falls with a predefined range.
Allyn discloses Technologies for authenticating a user include a fingerprint reader device to capture biometric sensor data from the user for authentication, comprising:
the user interface (112, see fig.4) comprises an indication (108, see fig.1) of whether or not the measurement of the biometric parameter (detected heart rate , see para.134) falls with a predefined range (seepara.0134: “wherein the means for capturing the biometric data of the user other than the fingerprint image with the at least one additional biometric sensor comprises means for detecting a heart rate, and wherein the means for determining whether the captured biometric data of the user other than the fingerprint is indicative of a live user comprises means for determining whether a detected heart rate is greater than a heart rate threshold.”).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify the user interface of Tremblay to incporate the indication of whether or not the measurement of the biometric parameter falls with a predefined range as Allyn. Doing so allows to “prevent an unauthorized user from using a pretense (e.g., a picture of an authorized fingerprint, a mold of an authorized fingerprint, etc.) to trick the computing device 102 into authorizing the unauthorized user” (see para.0019 of Allyn).
Claim 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay in view of Kitane as applied to claim 1 and further in view of Denyer et al. (US 2008/0257337 A1, hereinafter “Denyer’337”)
Regarding claim 9, the modification discloses substantially all the claimed limitations as set forth, except the computing device is configured to communicate with the biometric sensor to request sensor data from the biometric sensor in response to receiving operating data from the electronic cigarette comprising use data indicating that the electronic cigarette has been used to provide aerosol to the user.
Denyer’337 discloses the computing device (controller 6, see fig.1) is configured to communicate with the biometric sensor (monitoring device 5, see fig.1) to request sensor data from the biometric sensor (data from the monitoring device 5 in the operation 38, see fig.3) in response to receiving operating data from the electronic aerosol provision device (data from the nebulizer 3 to deliver respiratory maneuver in the operations 36-37, see fig.3) comprising use data indicating that the electronic aerosol provision device has been used to provide aerosol to the user (see operation 36, fig.3, wherein the nebulizer 3 delivers respiratory maneuver) .
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify the computing device of Tremblay to incorporate the teachings of Denyer’337 so as the computing device is configured to communicate with the biometric sensor to request sensor data from the biometric sensor in response to receiving operating data from the electronic cigarette comprising use data indicating that the electronic cigarette has been used to provide aerosol to the user. Doing so allows the user to monitor the data from the biometric sensor easily after using the cigarette which increases or facilitates the electronic cigarette’s use.
Claim 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay in view of Kitane as applied to claim 1 and further in view of Allyn (US 20160283703 A1)
Regarding claim 10, the modification discloses substantially all the claimed limitations as set forth, except wherein the biometric sensor is selected from the group consisting of: a heart rate sensor for measuring a heart rate of the user, a blood pressure sensor for measuring a blood pressure of the user, a breathing rate sensor for measuring a breathing rate of the user, and a user activity sensor for measuring an aspect of an activity of the user.
Allyn discloses Technologies for authenticating a user include a fingerprint reader device to capture biometric sensor data from the user for authentication, comprising:
the biometric sensor (106, see fig.1 and para.0019) is selected from the group consisting of: a heart rate sensor for measuring a heart rate of the user, a blood pressure sensor for measuring a blood pressure of the user, a breathing rate sensor for measuring a breathing rate of the user, and a user activity sensor for measuring an aspect of an activity of the user (see fig.1 and para.0019: The fingerprint reader device 106 may additionally include one or more other biometric sensors to prevent an unauthorized user from using a pretense (e.g., a picture of an authorized fingerprint, a mold of an authorized fingerprint, etc.) to trick the computing device 102 into authorizing the unauthorized user. In some embodiments, the other biometric sensors may include a heart rate monitor 122, a blood glucose level detector 124, blood oxygen level detector 126 and/or any other biometric sensor capable of measuring a biometric authentication factor that may be captured by the fingerprint reader device 106 during the fingerprint image capture”).
Therefore, it would have been obvious to someone with ordinary skill in the art at the time the invention was filed to modify substitute the biometric sensor of Allyn (See item 106 of Allyn) for the biometric sensor of Tremblay since the substitution of one known element for another would have yielded predictable results of authenticating a user during a fingerprint authentication. Doing so allows to “prevent an unauthorized user from using a pretense (e.g., a picture of an authorized fingerprint, a mold of an authorized fingerprint, etc.) to trick the computing device into authorizing the unauthorized user” (see para.0019 of Allyn).
Response to Arguments
Applicant’s arguments, see Remarks, filed on 1/16/2026, with respect to the rejection(s) of claim(s) 1 and 11-16 under 103 rejections have been fully considered and are persuasive in light of amendments. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made by the modification of Tremblay in view of Kitane (newly cited reference).
In Kitane, the biometric sensor 100 comprises a wireless communication unit/ transceiver unit (see fig.1-2) and that the computing device uses the wireless communication unit/ transceiver unit to exchange sensor data indicating a measurement of the biometric parameter (see figs.1-2).
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., "the biometric sensor directly communicates with the computing device" as cited in page 9, Remarks) are not recited in the rejected claim(s) 1 and 11-16. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
For the above reasons, rejections to claims 1 and 11-16 are respectfully sustained.
Claims 2-4 and 6-10 are rejected by the virtue of the dependency upon claims 1 and 11-16.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20120249294 A1 discloses the drug infusion device has a housing that is provided with a display, a microprocessor and a wireless transceiver. a cavity is provided to receive a drug reservoir. a remote control unit is provided in wireless communication with the wireless transceiver. a biometric analysis is provided to enable communication between the remote control unit and the wireless transceiver according to sense specific biometric data. a biometric data input device is provided with a fingerprint reader.
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/TIFFANY T TRAN/ Primary Examiner, Art Unit 3761