DETAILED ACTION
Notice of Pre-AIA or AIA Status
In the present application, filed on or after March 16, 2013, claims 1-3, 5-9 and 29 have been considered and examined under the first inventor to file provisions of the AIA .
Respond to Applicant’s Arguments/Remarks
Applicant’s arguments, see Remarks, filed 02/11/2026, with respect to the rejection(s) of claims 1-3, 5-9 and 29 has been fully considered and the results as followings:
On pages 8-11 of Applicant’s remarks, Applicant argues that the combination of Gorelick, Qiu, Watanabe, Thorens, and Flick does not discloses the amended claim invention because there is no disclosure/suggestion in Flick of a disable signal being issued that is "configured to permanently disable the main body such that a user of the main body is not permitted to re-enable the main body", as required by feature “"if the application server determines that the main body is not valid for use, and if the validity state information associated with the main body indicates that the main body is invalid and should be disabled permanently, issue a disable signal configured to permanently disable the main body such that a user of the main body is not permitted to re-enable the main body" of present claim 1.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In this case, as discussed in the Final rejection mailed on 12/10/2025, the rejection relied upon the combination of Gorelick and Qiu discloses a management systems/method to manage operations of electronic cigarettes based on identification information (Gorelick: [0052]-[0058], [0065], [0068], [0073], FIG. 7, and FIG. 9-10: As described herein, the e-Cig server 706 may host information (e.g. a website) that is used for interfacing with the smartphone 702 and the e-Cig 701. In one embodiment, the user device 703 may view a web page provided by the e-Cig server 706 to see information about the e-Cig 701 and to monitor/track/control the e-Cig 701 depending on the access settings for the e-Cig 701 and Qiu: Abstract, page 2 lines 15 – page 3 lines 15, page 4 lines 22 - page 5 lines 15, and FIG. 1-4: When processor 22 When it is determined that the received identifier does not match the identifier stored in the storage unit 23, the processor22 generates a second signal and transmits the second signal to the electronic cigarette 10. When the electronic cigarette 10 receives the first signal transmitted by the server 20, the microprocessor 13 controls the battery pack12 to supply power to the atomizer assembly 11. As such, the electronic cigarette 10 starts to work normally. When the electronic cigarette 10 receives the second signal transmitted by the server 20, the microprocessor 13 controls the battery pack 12 not to supply power to the atomizer assembly 11. As such, the electronic cigarette 10 does not work properly) wherein the identification information identifies a main body of electronic cigarette (Qiu: Abstract, page 2 lines 15 – page 3 lines 15, page 4 lines 22-page 5 lines 15, and FIG. 1-4: The electronic cigarette includes an identifier for uniquely identifying the atomizer assembly and/or the battery assembly. The microprocessor is configured to identify an identifier of the atomizer component and/or the battery component and determine whether the identified identifier can pass verification. The microprocessor controls the battery component to power the nebulizer assembly when the identified identifier passes verification).
Further, Watanabe discloses an application server on which validity state information associated with the ID information identifying the “smoking substitute device/main body” (Watanabe: FIG. 9), from which it can be determined whether the “smoking substitute device/main body” is valid for use, is stored (Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, and FIG. 18); and
wherein the application server is configured to determine whether the “smoking substitute device/main body” is valid for use based on the ID information identifying the “smoking substitute device/main body” and the validity state information associated with the “smoking substitute device/main body” (Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, and FIG. 18) wherein the application server is configured to determine whether the smoking substitute device is valid for use based on the ID information identifying the smoking substitute device and the validity state information associated with the smoking substitute device (Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, and FIG. 18) and then: if the application server determines that the smoking substitute device is not valid for use, and if the validity state information associated with the smoking substitute device indicates that the smoking substitute device is invalid and should be disabled, issue a disable signal configured to disable the smoking substitute device (Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, and FIG. 18: The user can change the state of validity of the membership card. The link button 66 displayed in association with each membership card is used to change the state of validity of the membership card. As shown in FIG. 9, when the membership card is valid, the link button 66 for invalidating the membership card is displayed. Meanwhile, when the membership card is not valid, a link button for validating the membership card is displayed).
Thus, the combination of Gorelick, Qiu, and Watanabe already disclose the management method/system to manage operations of electronic cigarettes based on identification information and validity state information, wherein the manage operations include disable electronic cigarettes (Qiu: Abstract, page 2 lines 15 – page 3 lines 15, page 4 lines 22 - page 5 lines 15, and FIG. 1-4: When processor 22 When it is determined that the received identifier does not match the identifier stored in the storage unit 23, the processor22 generates a second signal and transmits the second signal to the electronic cigarette 10. When the electronic cigarette 10 receives the first signal transmitted by the server 20, the microprocessor 13 controls the battery pack12 to supply power to the atomizer assembly 11. As such, the electronic cigarette 10 starts to work normally. When the electronic cigarette 10 receives the second signal transmitted by the server 20, the microprocessor 13controls the battery pack 12 not to supply power to the atomizer assembly 11. As such, the electronic cigarette 10 does not work properly and Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, and FIG. 18: The user can change the state of validity of the membership card. The link button 66 displayed in association with each membership card is used to change the state of validity of the membership card. As shown in FIG. 9, when the membership card is valid, the link button 66 for invalidating the membership card is displayed. Meanwhile, when the membership card is not valid, a link button for validating the membership card is displayed).
Furthermore, Thorens discloses a disable(s) comprising a temporary disable (Thorens: Abstract, [0008], [0015], [0036], [0045], [0059], [0086], and FIG. 5-6: If the correlation score does not exceed the threshold then the process passes to step 570, in which the operation of the device is disabled for a disable T.sub.n before another attempt at authentication can be made by returning to step 510. The device may provide an indication to the user while the device is disabled, for example by controlling the indicator 129 to flash) and a permanently disable (Thorens: Abstract, [0008], [0016], [0037], [0045], [0059], [0086]-[0087], and FIG. 5-6: The disable time may be determined by an authentication counter value n. Each time an unsuccessful attempt is made to match a user puff signature the counter value is incremented by one. When a successful authentication is made the counter value is reset to one. As the value of n increases the disable time is increased, until n reaches a maximum value of 5 for example. At the maximum counter value the device is permanently disabled until a reset operation is performed. A reset operation can be made to require an alternative form of authentication. For example, the device may be connected to a computer through the USB port and the user required to enter a password or some other form of user identification into the computer in order to reset the device).
Therefore, in view of teachings by Gorelick, Qiu, Watanabe, and Thorens, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention include a temporary disable and a permanently disable of an electronic cigarette of Thorens in to the monitoring system of Gorelick, Qiu and Watanabe, as recited in the limitations of wherein the disable signal is configured to disable the main body non- permanently, if the validity state information associated with the main body indicates that the main body is invalid and should be disabled non-permanently; and
wherein the disable signal is configured to disable the main body permanently, if the validity state information associated with the main body indicates that the main body is invalid and should be disabled permanently, as suggested by Thorens. The motivation for this is to control operations of “e-Cig” devices based on a result of an authentication of a user device (Thorens: [0001]).
Finally, Flick discloses a permanent disable such that a user is not permitted to re-enable (Flick: Abstract, [0058], and FIG. 1 Disabling empty cartridges also provides for user safety. There is a danger that cartridges could be refilled with inferior and possibly dangerous substances. But by disabling the cartridges in a permanent manner they cannot be refilled and reused).
Therefore, in view of teachings by Gorelick, Qiu, Watanabe, Thorens, and Flick it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to include a permanent disable such that a user is not permitted to re-enable of Flick into the monitoring system of Gorelick, Qiu, Watanabe, and Thorens as recited in the limitations of issue a disable signal configured to permanently disable the “smoking substitute device/main body” such that a user of the “smoking substitute device/main body” is not permitted to re- enable the “smoking substitute device/main body”, as suggested by Flick. The motivation for this is to prevent user to “refill dangers substances for” reuse of a device.
Since the combination of Gorelick, Qiu, Watanabe, and Thorens already discloses a disable based on identification information of an electronic device (see Qiu’s teachings for detail), wherein the disable comprises a permanent/temporary disable (see Thorens’ teachings for detail), Flick is not required to disclose the permanent disabled based on identification information of the electronic device. As a result, Applicant’s arguments have been fully considered but are not deemed persuasive, and the previous rejections pertaining to the previous set of claims are sustained. Therefore, due to the claimed amendments, upon further consideration, a new ground of rejections necessitated by amendments is made in view of following reference/combinations.
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.
Claims 1-3 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Gorelick et al. (Gorelick – US 2013/0319439 A1) in view of Qiu (Qiu – WO 218/024154 A1), Watanabe et al. (Watanabe – US 2015/0134437 A1), Thorens (Thorens - US 2017/0318861 A1), and Flick (Flick – US 2013/0306084 A1).
As to claim 1, Gorelick discloses a system for managing a smoking substitute device, the system comprising:
a smoking substitute device (Gorelick: Abstract and FIG. 7 the e-Cig 701) comprising a main body (Gorelick: Abstract, FIG. 1-2 the e-Cig except the e-liquid, and FIG. 7 the e-Cig 701) and a consumable (Gorelick: FIG. 1-2 the e-liquid 110),
an application server (Gorelick: FIG. 7 the E-Cig server 706);
a mobile device (Gorelick: [0043]-[0045], [0052]-[0056], and FIG. 7 the smart phone 702) on which an application is installed (Gorelick: [0043]-[0045], [0052]-[0056], [0061]-[0062], FIG. 7 the smart phone 702 and FIG. 9);
wherein the main body is configured to communicate with the application (Gorelick: [0043]-[0045], [0052]-[0056], [0061]-[0062], FIG. 7 the smart phone 702 and FIG. 9: The application ("app") that is provided by the smartphone 702 for interacting with the e-Cig 701 may include a variety of interfaces. In one embodiment, the app may include a rendering of the e-Cig that may illustrate the components of the e-Cig. The status of those components may be displayed on the app interface (e.g. battery level, e-Liquid level, LED color etc.). Accordingly, the app may be used for checking on the functionality of the e-Cig. In an alternative embodiment, this may allow the user to also light the e-Cig for a simulated smoke) and the mobile device is configured to communicate with the application server (Gorelick: [0052]-[0058], [0065], [0068], [0073], FIG. 7, and FIG. 9-10: As described herein, the e-Cig server 706 may host information (e.g. a website) that is used for interfacing with the smartphone 702 and the e-Cig 701. In one embodiment, the user device 703 may view a web page provided by the e-Cig server 706 to see information about the e-Cig 701 and to monitor/track/control the e-Cig 701 depending on the access settings for the e-Cig 701).
Gorelick does not explicitly disclose
wherein ID information identifying the main body is stored on the main body;
an application server on which validity state information associated with the ID information identifying the main body, from which it can be determined whether the main body is valid for use, is stored; and
wherein the application server is configured to determine whether the main body is valid for use based on the ID information identifying the main body and the validity state information associated with the main body and then:
if the application server determines that the main body is not valid for use, and if the validity state information associated with the main body indicates that the main body is invalid and should be disabled non- permanently, issue a disable signal configured to non-permanently disable the main body; and
if the application server determines that the main body is not valid for use, and if the validity state information associated with the main body indicates that the main body is invalid and should be disabled permanently, issue a disable signal configured to permanently disable the main body such that a user of the main body is not permitted to re-enable the main body.
However, it has been known in the art of monitoring e-Cigs to implement wherein ID information identifying the main body is stored on the main body;
wherein the application server is configured to determine whether the main body is valid for use based on the ID information identifying the main body, as suggested by Qiu, which discloses
wherein ID information identifying the main body is stored on the main body (Qiu: Abstract, page 2 lines 15 – page 3 lines 15, page 4 lines 22-page 5 lines 15, and FIG. 1-4: The electronic cigarette includes an identifier for uniquely identifying the atomizer assembly and/or the battery assembly. The microprocessor is configured to identify an identifier of the atomizer component and/or the battery component and determine whether the identified identifier can pass verification. The microprocessor controls the battery component to power the nebulizer assembly when the identified identifier passes verification); wherein the application server is configured to determine whether the main body is valid for use based on the ID information identifying the main body (Qiu: Abstract, page 2 lines 25 – page 3 lines 16, and FIG. 1-4 the storage unit 23: When the server 20 receives the identifier sent by the electronic cigarette 10, the processor 22 determines whether the received identifier matches an identifier stored in the storage unit 23. When the processor 22determines that the received identifier matches an identifier stored in the storage unit 23, the processor 22generates a first signal and feeds back the first signal to the electronic cigarette 10. When processor 22 When it is determined that the received identifier does not match the identifier stored in the storage unit 23, the processor22 generates a second signal and transmits the second signal to the electronic cigarette 10. When the electronic cigarette 10 receives the first signal transmitted by the server 20, the microprocessor 13 controls the battery pack12 to supply power to the atomizer assembly 11);
wherein the application server is configured to determine whether the smoking substitute device is valid for use based on the ID information identifying the smoking substitute device (Qiu: Abstract, page 2 lines 15 – page 3 lines 15, page 4 lines 22 - page 5 lines 15, and FIG. 1-4: The microprocessor 13 determines whether the identifier of the atomizer unit 11 or the battery unit 12 of the electronic cigarette 10 is changed. When the microprocessor 13 determines that the identifier of the atomizer component 11 or the battery component 12 of the electronic cigarette 10 is changed, it indicates that the user of the electronic cigarette 10 has replaced the atomizer assembly 11 or the battery assembly 12, The microprocessor13 determines whether the identifier of the read atomizer component 11 or the battery pack 12 can pass the verification. When the identifier of the atomizer assembly 11 or battery assembly 12 passes verification, the microprocessor 13 controls the battery assembly 12 to power the atomizer assembly 11. As such, the electronic cigarette 10 can work normally) and, if the application server determines that the smoking substitute device is not valid for use, issue a disable signal configured to disable the smoking substitute device (Qiu: Abstract, page 2 lines 15 – page 3 lines 15, page 4 lines 22 - page 5 lines 15, and FIG. 1-4: When processor 22 When it is determined that the received identifier does not match the identifier stored in the storage unit 23, the processor22 generates a second signal and transmits the second signal to the electronic cigarette 10. When the electronic cigarette 10 receives the first signal transmitted by the server 20, the microprocessor 13 controls the battery pack12 to supply power to the atomizer assembly 11. As such, the electronic cigarette 10 starts to work normally. When the electronic cigarette 10 receives the second signal transmitted by the server 20, the microprocessor 13controls the battery pack 12 not to supply power to the atomizer assembly 11. As such, the electronic cigarette 10 does not work properly.).
Therefore, in view of teachings by Gorelick and Qiu, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the monitoring system of Gorelick to include wherein ID information identifying the main body is stored on the main body;
wherein the application server is configured to determine whether the main body is valid for use based on the ID information identifying the main body, as suggested by Qiu. The motivation for this is to manage operations of e-Cig device based on uniquely assigned identification of the e-Cig device.
The combination of Gorelick and Qiu discloses a management systems/method to manage operations of electronic cigarettes based on identification information identifying the main body of the electronic cigarette (Gorelick: [0052]-[0058], [0065], [0068], [0073], FIG. 7, and FIG. 9-10: As described herein, the e-Cig server 706 may host information (e.g. a website) that is used for interfacing with the smartphone 702 and the e-Cig 701. In one embodiment, the user device 703 may view a web page provided by the e-Cig server 706 to see information about the e-Cig 701 and to monitor/track/control the e-Cig 701 depending on the access settings for the e-Cig 701 and Qiu: Abstract, page 2 lines 15 – page 3 lines 15, page 4 lines 22 - page 5 lines 15, and FIG. 1-4: When processor 22 When it is determined that the received identifier does not match the identifier stored in the storage unit 23, the processor22 generates a second signal and transmits the second signal to the electronic cigarette 10. When the electronic cigarette 10 receives the first signal transmitted by the server 20, the microprocessor 13 controls the battery pack12 to supply power to the atomizer assembly 11. As such, the electronic cigarette 10 starts to work normally. When the electronic cigarette 10 receives the second signal transmitted by the server 20, the microprocessor 13controls the battery pack 12 not to supply power to the atomizer assembly 11. As such, the electronic cigarette 10 does not work properly), the combination of Gorelick and Qiu does not explicitly disclose an application server on which validity state information associated with the ID information identifying the main body, from which it can be determined whether the main body is valid for use, is stored; and
wherein the application server is configured to determine whether t the main body is valid for use based on the ID information identifying the main body and the validity state information associated with the main body.
However, it has been known in the art of managing devices/accounts based on identification information to implement an application server on which validity state information associated with the ID information identifying the main body, from which it can be determined whether the main body is valid for use, is stored; and
wherein the application server is configured to determine whether the main body is valid for use based on the ID information identifying the main body and the validity state information associated with the main body, as suggested by Watanabe, which discloses an application server on which validity state information associated with the ID information identifying the main body (Watanabe: FIG. 9), from which it can be determined whether the main body is valid for use, is stored (Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, and FIG. 18); and
wherein the application server is configured to determine whether the main body is valid for use based on the ID information identifying the main body and the validity state information associated with the main body (Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, and FIG. 18)
wherein the application server is configured to determine whether the main body is valid for use based on the ID information identifying the main body and the validity state information associated with the main body (Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, and FIG. 18) and then:
if the application server determines that the main body is not valid for use, and if the validity state information associated with the main body indicates that the main body is invalid and should be disabled, issue a disable signal configured to disable the smoking substitute device (Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, and FIG. 18: The user can change the state of validity of the membership card. The link button 66 displayed in association with each membership card is used to change the state of validity of the membership card. As shown in FIG. 9, when the membership card is valid, the link button 66 for invalidating the membership card is displayed. Meanwhile, when the membership card is not valid, a link button for validating the membership card is displayed).
Therefore, in view of teachings by Gorelick, Qiu, and Watanabe, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the monitoring system of Gorelick and Qiu, to include an application server on which validity state information associated with the ID information identifying the main body, from which it can be determined whether the main body is valid for use, is stored; and wherein the application server is configured to determine whether the main body is valid for use based on the ID information identifying the main body and the validity state information associated with the main body, as suggested by Watanabe. The motivation for this is to manage operations of electronic devices based on identification information associated with a user account.
The combination of Gorelick, Qiu, and Watanabe discloses the management method/system managing operations of electronic cigarettes based on identification information and validity state information, wherein the manage operations include disable electronic cigarettes (Qiu: Abstract, page 2 lines 15 – page 3 lines 15, page 4 lines 22 - page 5 lines 15, and FIG. 1-4: When processor 22 When it is determined that the received identifier does not match the identifier stored in the storage unit 23, the processor22 generates a second signal and transmits the second signal to the electronic cigarette 10. When the electronic cigarette 10 receives the first signal transmitted by the server 20, the microprocessor 13 controls the battery pack12 to supply power to the atomizer assembly 11. As such, the electronic cigarette 10 starts to work normally. When the electronic cigarette 10 receives the second signal transmitted by the server 20, the microprocessor 13controls the battery pack 12 not to supply power to the atomizer assembly 11. As such, the electronic cigarette 10 does not work properly and Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, and FIG. 18: The user can change the state of validity of the membership card. The link button 66 displayed in association with each membership card is used to change the state of validity of the membership card. As shown in FIG. 9, when the membership card is valid, the link button 66 for invalidating the membership card is displayed. Meanwhile, when the membership card is not valid, a link button for validating the membership card is displayed), the combination of Gorelick, Qiu, and Watanabe does not explicitly disclose wherein the disable signal is configured to disable the main body non- permanently, if the validity state information associated with the main body indicates that the main body is invalid and should be disabled non-permanently; and
wherein the disable signal is configured to disable the main body permanently, if the validity state information associated with the main body indicates that the smoking substitute device is invalid and should be disabled permanently.
However, it has been known in the art of managing devices to implement wherein the disable signal is configured to disable the main body non- permanently, if the validity state information associated with the main body indicates that the main body is invalid and should be disabled non-permanently; and
wherein the disable signal is configured to disable the main body permanently, if the validity state information associated with the main body indicates that t the main body is invalid and should be disabled permanently, as suggested by Thorens, which discloses wherein the disable signal is configured to disable the main body non- permanently, if the validity state information associated with the main body indicates that the main body is invalid and should be disabled non-permanently (Thorens: Abstract, [0008], [0015], [0036], [0045], [0059], [0086], and FIG. 5-6: If the correlation score does not exceed the threshold then the process passes to step 570, in which the operation of the device is disabled for a disable T.sub.n before another attempt at authentication can be made by returning to step 510. The device may provide an indication to the user while the device is disabled, for example by controlling the indicator 129 to flash); and
wherein the disable signal is configured to disable the main body permanently, if the validity state information associated with the main body indicates that the main body is invalid and should be disabled permanently (Thorens: Abstract, [0008], [0016], [0037], [0045], [0059], [0086]-[0087], and FIG. 5-6: The disable time may be determined by an authentication counter value n. Each time an unsuccessful attempt is made to match a user puff signature the counter value is incremented by one. When a successful authentication is made the counter value is reset to one. As the value of n increases the disable time is increased, until n reaches a maximum value of 5 for example. At the maximum counter value the device is permanently disabled until a reset operation is performed. A reset operation can be made to require an alternative form of authentication. For example, the device may be connected to a computer through the USB port and the user required to enter a password or some other form of user identification into the computer in order to reset the device).
Therefore, in view of teachings by Gorelick, Qiu, Watanabe, and Thorens, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the monitoring system of Gorelick, Qiu and Watanabe, to include wherein the disable signal is configured to disable the main body non- permanently, if the validity state information associated with the main body indicates that the main body is invalid and should be disabled non-permanently; and
wherein the disable signal is configured to disable the main body permanently, if the validity state information associated with the main body indicates that the main body is invalid and should be disabled permanently, as suggested by Thorens. The motivation for this is to control operations of “e-Cig” devices based on a result of an authentication of a user device (Thorens: [0001]).
The combination of Gorelick, Qiu, Watanabe, and Thorens does not explicitly disclose issue a disable signal configured to permanently disable the main body such that a user of the main body is not permitted to re- enable the main body.
However, it has been known in the art of e-Cig design to implement issue a disable signal configured to permanently disable the main body such that a user of the smoking substitute device is not permitted to re- enable the main body, as suggested by Flick, which discloses issue a disable signal configured to permanently disable the main body such that a user of the smoking substitute device is not permitted to re-enable the main body (Flick: Abstract, [0058], and FIG. 1 Disabling empty cartridges also provides for user safety. There is a danger that cartridges could be refilled with inferior and possibly dangerous substances. But by disabling the cartridges in a permanent manner they cannot be refilled and reused).
Therefore, in view of teachings by Gorelick, Qiu, Watanabe, Thorens, and Flick it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the monitoring system of Gorelick, Qiu, Watanabe, and Thorens to include issue a disable signal configured to permanently disable the main body such that a user of the smoking substitute device is not permitted to re- enable the main body, as suggested by Flick. The motivation for this is to prevent user to refill dangers substances for reuse.
As to claim 2, Gorelick, Qiu, Watanabe, Thorens, and Flick disclose the limitations of claim 1 further comprising the system according to claim 1, wherein the validity state information associated with the main body includes one or more invalidity flags, and the determination by the application server of whether the main body is valid for use includes the application server using the ID information (Qiu: Abstract, page 2 lines 15 – page 3 lines 15, page 4 lines 22-page 5 lines 15, and FIG. 1-4: The electronic cigarette includes an identifier for uniquely identifying the atomizer assembly and/or the battery assembly. The microprocessor is configured to identify an identifier of the atomizer component and/or the battery component and determine whether the identified identifier can pass verification. The microprocessor controls the battery component to power the nebulizer assembly when the identified identifier passes verification) to check whether the one or more invalidity flags associated with the main body indicate that the main body is valid or invalid for use (Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, and FIG. 18: The user can change the state of validity of the membership card. The link button 66 displayed in association with each membership card is used to change the state of validity of the membership card. As shown in FIG. 9, when the membership card is valid, the link button 66 for invalidating the membership card is displayed. Meanwhile, when the membership card is not valid, a link button for validating the membership card is displayed).
As to claim 3, Gorelick, Qiu, Watanabe, Thorens, and Flick disclose the limitations of claim 1 further comprising the system according to claim 1, wherein the validity state information associated with the main body is associated with the main body by being stored in association with the ID information identifying the main body ((Qiu: Abstract, page 2 lines 15 – page 3 lines 15, page 4 lines 22-page 5 lines 15, and FIG. 1-4: The electronic cigarette includes an identifier for uniquely identifying the atomizer assembly and/or the battery assembly. The microprocessor is configured to identify an identifier of the atomizer component and/or the battery component and determine whether the identified identifier can pass verification. The microprocessor controls the battery component to power the nebulizer assembly when the identified identifier passes verification) and Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, and FIG. 18: The user can change the validity state of the membership card by clicking the link button 66. For example, a user who has lost their membership card can invalidate the membership card. Once the membership card is invalidated, the points is no longer usable. This can prevent unauthorized use of the membership card by another person who has obtained the membership card).
As to claim 5, Gorelick, Qiu, Watanabe, Thorens, and Flick disclose the limitations of claim 1 further comprising the system according to claim 1, wherein if the disable signal is configured to disable the main body non-permanently, the application server is configured to issue a re-enable signal configured to re-enable the main body if one or more re-enablement criteria are met (Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, FIG. 18 and FIG. 24: That is, when the validity flag of the membership card ID "00001" indicates "1", the use restriction unit 94 changes the validity flag of the membership card ID "00001" to "0". In this case, the membership card with the membership card ID "00001" becomes invalid. Note that when the validity flag of the membership card ID "00001" indicates "0", the use restriction unit 94 changes the validity flag of the membership card ID "00001" to "1". In this case, the membership card with the membership card ID "00001" becomes valid…In the following, processing that is executed in the point system 1 to implement the use restriction request receiving unit 92 and the use restriction unit 94 will be described. FIG. 24 shows one example of processing that is executed when the link button 66 on the list screen 60 is clicked. The control unit 11 of the point management server 10 executes the processing shown in FIG. according to a program, thereby functioning as the use restriction request receiving unit 92 and the use restriction unit 94. In the following, the processing shown in FIG. 24 is described based on an assumption that the link button 66 correlated to the membership card ID "00001" is clicked).
As to claim 6, Gorelick, Qiu, Watanabe, Thorens, and Flick disclose the limitations of claim 5 further comprising the system according to claim 5, wherein the one or more re- enablement criteria include the user passing a verification process at the application (Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, FIG. 18 and FIG. 24: When the above described request is received in the point management server 10, the control unit 11 determines whether or not the membership card ID received from the user terminal 4 is authentic (S212). Specifically, for example, when the membership card ID received from the user terminal 4 satisfies at least one of the conditions mentioned below, the control unit 11 determines that the membership card is not authentic. (A) The membership card ID received from the user terminal 4 is not registered in the membership card table. (B) The combination of the membership card ID and the security code received from the user terminal 4 is not registered in the membership card table. (C) The membership card ID received from the user terminal 4 is already linked to any user ID…When the membership card ID received from the user terminal 4 does not satisfy any of the above described conditions, the control unit 11 determines that the membership card ID is authentic. In this case, the control unit 11 registers the combination of the user ID (the user ID inputted on the log-in screen 50) and the membership card ID in the link table (S213). Further, the control unit 11 accesses the membership card table to update the "validity flag" and the "link flag" of the membership card ID from "0" to "1" (S214)).
As to claim 7, Gorelick, Qiu, Watanabe, Thorens, and Flick disclose the limitations of claim 5 further comprising the system according to claim 5, wherein the one or more re-enablement criteria include the validity state information associated with the main body at the application server being changed to indicate that the main body is valid for use (Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, FIG. 18 and FIG. 24: When the above described request is received in the point management server 10, the control unit 11 determines whether or not the membership card ID received from the user terminal 4 is authentic (S212). Specifically, for example, when the membership card ID received from the user terminal 4 satisfies at least one of the conditions mentioned below, the control unit 11 determines that the membership card is not authentic. (A) The membership card ID received from the user terminal 4 is not registered in the membership card table. (B) The combination of the membership card ID and the security code received from the user terminal 4 is not registered in the membership card table. (C) The membership card ID received from the user terminal 4 is already linked to any user ID…When the membership card ID received from the user terminal 4 does not satisfy any of the above described conditions, the control unit 11 determines that the membership card ID is authentic. In this case, the control unit 11 registers the combination of the user ID (the user ID inputted on the log-in screen 50) and the membership card ID in the link table (S213). Further, the control unit 11 accesses the membership card table to update the "validity flag" and the "link flag" of the membership card ID from "0" to "1" (S214)).
As to claim 8, Gorelick, Qiu, Watanabe, Thorens, and Flick disclose the limitations of claim 1 further comprising the system according to claim 1, wherein the main body is configured to communicate wirelessly with the application via a communication channel established directly between the main body and the mobile device on which the application is installed (Gorelick: [0043]-[0045], [0052]-[0056], [0061]-[0062], FIG. 7 the smart phone 702 and FIG. 9: The application ("app") that is provided by the smartphone 702 for interacting with the e-Cig 701 may include a variety of interfaces. In one embodiment, the app may include a rendering of the e-Cig that may illustrate the components of the e-Cig. The status of those components may be displayed on the app interface (e.g. battery level, e-Liquid level, LED color etc.). Accordingly, the app may be used for checking on the functionality of the e-Cig. In an alternative embodiment, this may allow the user to also light the e-Cig for a simulated smoke and Qiu: page 5 lines 22 – page 6 lines11 and FIG. 1-4 the mobile terminal 300: The electronic cigarette and electronic cigarette supervision system provided by the invention can communicate with a mobile terminal, and can transmit information of the user using the electronic cigarette to the mobile terminal and display it through the mobile terminal. In addition, the mobile terminal can receive the user's operation and generate a response command, such as customizing the plan to use the electronic cigarette or sharing the information of the user using the electronic cigarette. In this way, the user can more conveniently use the electronic cigarette and the electronic cigarette monitoring system).
Claims 9 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Gorelick et al. (Gorelick – US 2013/0319439 A1) in view of Qiu (Qiu – WO 218/024154 A1), Watanabe et al. (Watanabe – US 2015/0134437 A1), Thorens (Thorens - US 2017/0318861 A1), and Flick (Flick – US 2013/0306084 A1), and further in view of Bowen et al. (Bowen – US 2018/0043114 A1).
As to claim 9, The combination of Gorelick, Qiu, Watanabe, Thorens, and Flick discloses the limitations of claim 1 further comprising the management method/system discloses manage operations of electronic cigarettes based on identification information and validity state information, wherein the manage operations including disable electronic cigarettes (Qiu: Abstract, page 2 lines 15 – page 3 lines 15, page 4 lines 22 - page 5 lines 15, and FIG. 1-4: When processor 22 When it is determined that the received identifier does not match the identifier stored in the storage unit 23, the processor22 generates a second signal and transmits the second signal to the electronic cigarette 10. When the electronic cigarette 10 receives the first signal transmitted by the server 20, the microprocessor 13 controls the battery pack12 to supply power to the atomizer assembly 11. As such, the electronic cigarette 10 starts to work normally. When the electronic cigarette 10 receives the second signal transmitted by the server 20, the microprocessor 13controls the battery pack 12 not to supply power to the atomizer assembly 11. As such, the electronic cigarette 10 does not work properly and Watanabe: Abstract, [0110]-[0112], [0126], [0158]-[0160], and FIG. 9-10 the validity, and FIG. 18: The user can change the state of validity of the membership card. The link button 66 displayed in association with each membership card is used to change the state of validity of the membership card. As shown in FIG. 9, when the membership card is valid, the link button 66 for invalidating the membership card is displayed. Meanwhile, when the membership card is not valid, a link button for validating the membership card is displayed), the combination of Gorelick, Qiu, Watanabe, Thorens, and Flick does not explicitly disclose wherein: the system includes one or more further main bodies configured to be wirelessly connected to the main body;
the application server stores validity state information associated with the/each further main body;
the/each further main body stores ID information identifying the further main body; and
for the/each further main body, the application server is configured to determine whether the further main body is valid for use based on the ID information identifying the further main body and the validity state information associated with the further main body and, if the application server determines that the further main body is not valid for use, issue a disable signal configured to disable the further main body.
However, it has been known in the art of smoking substitution system to implement the limitations as claimed as suggested by Bowen, which discloses
the system includes one or more further main body configured to be wirelessly connected to the main body (Bowen: FIG. 1 the cartridge 114) configured to be wirelessly connected to the smoking substitute device (Bowen: [0055], [0057], [0062], [0070], FIG. 1 the wireless circuitry 107 of the vaporizer body 101: The cartridge 114 and the vaporizer body 101 may be removably coupled together, e.g., by engaging a portion of a housing of the cartridge 114 with the vaporizer body 101 and/or the vaporizer housing in a mechanical connection (e.g., a snap and/or friction fit) or the like. Alternatively or additionally, the cartridge 114 and the vaporizer body 101 may be coupled magnetically or via some other coupling or engaging mechanism);
the application server stores validity state information associated with the/each further main body (Bowen: [0061]-[0062], [0077]-[0078], [0122], and FIG. 3: An anti-counterfeiting or other lock-out feature of this type may be implemented using cartridge identifiers. For example, cartridge identifiers from a verified source or supplier can include a hash or some other verification code as part of the identifier, and the vaporizer may lock out use of the vaporizer if a cartridge lacking the necessary hash or verification code is coupled to a vaporizer body. Such a feature can be used to require that a user identity verification is entered at the device in communication with the vaporizer to cause the device to unlock use of the vaporizer. In one example, a cartridge may include an identifier that indicates that it contains a controlled substance and a user may be required by the application on the device (in response to determining this about the cartridge via identifier information received from the cartridge) to verify his or her identity (e.g. via a password entry, a biometric identity verification, etc.) and for the application to verify that the identified user is authorized for use of the controlled substance prior to being able to use the vaporizer with tat cartridge coupled to the vaporizer body);
the/each further main body stores ID information identifying the further main body (Bowen: [0043], [0056]-[0057], [0077]-[0078], [0095]-[0096], and FIG. 1 the identifier 138: a security control may be incorporated via an application executing on a device in communication with a vaporizer. For example, an application executing on a device in communication with a vaporizer can receive an identifier of the vaporizer itself or alternatively/additionally of the cartridge and may, based on or otherwise using the identifier, determine whether a security setting is included in a user profile or other settings associated with the vaporizer or cartridge); and
for the/each further main body, the application server is configured to determine whether the further main body is valid for use based on the ID information identifying the further main body and the validity state information associated with the further main body and, if the application server determines that the further main body is not valid for use, issue a disable signal configured to disable the further main body (Bowen: [0061]-[0062], [0077]-[0078], [0122], and FIG. 3: An anti-counterfeiting or other lock-out feature of this type may be implemented using cartridge identifiers. For example, cartridge identifiers from a verified source or supplier can include a hash or some other verification code as part of the identifier, and the vaporizer may lock out use of the vaporizer if a cartridge lacking the necessary hash or verification code is coupled to a vaporizer body. Such a feature can be used to require that a user identity verification is entered at the device in communication with the vaporizer to cause the device to unlock use of the vaporizer. In one example, a cartridge may include an identifier that indicates that it contains a controlled substance and a user may be required by the application on the device (in response to determining this about the cartridge via identifier information received from the cartridge) to verify his or her identity (e.g. via a password entry, a biometric identity verification, etc.) and for the application to verify that the identified user is authorized for use of the controlled substance prior to being able to use the vaporizer with tat cartridge coupled to the vaporizer body).
Therefore, in view of teachings by Gorelick, Qiu , Wanatabe, Thorens, Flick, and Bowen, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the monitoring system of Gorelick, Qiu , Wanatabe, Thorens and Flick to include the system includes one or more further main bodies configured to be wirelessly connected to the main body;
the application server stores validity state information associated with the/each further main body;
the/each further main body stores ID information identifying the further main body; and
for the/each further main body, the application server is configured to determine whether the further main body is valid for use based on the ID information identifying the further main body and the validity state information associated with the further main body and, if the application server determines that the further main body is not valid for use, issue a disable signal configured to disable the further main body, as suggested by Bowen. The motivation for this is to manage operations of vaporizer associated with a user account.
As to claim 29, Gorelick, Qiu , Wanatabe, Thorens and Flick disclose the limitations of claim 1 further comprising the system according to claim 1, wherein: the disable signal is configured to disable the main body non-permanently (Qiu: Abstract, page 2 lines 15 – page 3 lines 15, page 4 lines 22 - page 5 lines 15, and FIG. 1-4: When processor 22 When it is determined that the received identifier does not match the identifier stored in the storage unit 23, the processor22 generates a second signal and transmits the second signal to the electronic cigarette 10. When the electronic cigarette 10 receives the first signal transmitted by the server 20, the microprocessor 13 controls the battery pack12 to supply power to the atomizer assembly 11. As such, the electronic cigarette 10 starts to work normally. When the electronic cigarette 10 receives the second signal transmitted by the server 20, the microprocessor 13controls the battery pack 12 not to supply power to the atomizer assembly 11. As such, the electronic cigarette 10 does not work properly and Thorens: Abstract, [0008], [0015], [0036], [0045], [0059], [0086], and FIG. 5-6: If the correlation score does not exceed the threshold then the process passes to step 570, in which the operation of the device is disabled for a disable T.sub.n before another attempt at authentication can be made by returning to step 510. The device may provide an indication to the user while the device is disabled, for example by controlling the indicator 129 to flash), and
the disable signal is configured to disable the main body permanently such that a user of the main body is not permitted to re-enable the main body (Thorens: Abstract, [0008], [0016], [0037], [0045], [0059], [0086]-[0087], and FIG. 5-6: The disable time may be determined by an authentication counter value n. Each time an unsuccessful attempt is made to match a user puff signature the counter value is incremented by one. When a successful authentication is made the counter value is reset to one. As the value of n increases the disable time is increased, until n reaches a maximum value of 5 for example. At the maximum counter value the device is permanently disabled until a reset operation is performed. A reset operation can be made to require an alternative form of authentication. For example, the device may be connected to a computer through the USB port and the user required to enter a password or some other form of user identification into the computer in order to reset the device), if the validity state information associated with the main body indicates that the main body is defective (Gorelick: [0043]-[0045], [0052]-[0056], [0061]-[0063], FIG. 7 the smart phone 702 and FIG. 9: The e-Cig server 706 may be a server (e.g. web server) that provides the smartphone 702 with pages or information (e.g. through an app) that are requested over the network 704, such as by a user of the smartphone 702. In particular, the operator 710 may provide or collect information through the e-Cig server 706 when requested for or by the smartphone 702. The e-Cig server 706 may be operated by an operator 710 that maintains and oversees the operation of the e-Cig server 706. The e-Cig server 706 may be able to track information and provide offers stored in its database 708. The e-Cig database 708 may be coupled with the e-Cig server 706 and may store the information/data that is provided by the e-Cig server 706 to the e-Cig 701. Alternatively, tracking metrics and other properties/parameters of the e-Cig 701 may be communicated through the e-Cig server 706 for storage in the e-Cig database 708. The e-Cig server 706 may allow for individual or group communication with e-Cig users. For example, the e-Cig server 706 may communicate with a subset of users (e.g. to notify of an event, such as a group smoking party) or may be used for remote deactivations (e.g. if a defective batch is found) and Flick: Abstract, [0010], [0017], [0043], [0046], and FIG. 1: sending a disable signal from the control circuitry to the disabling means following a determination that an amount of the aerosol-substrate in the storage portion is below a threshold level or following a determination of a malfunction in the system), except for the claimed limitations of the disable signal is configured to disable the main body non-permanently if the validity state information associated with the main body indicates that the main body is lost or stolen.
However, it has been known in the art of smoking substitution system to implement the limitations as claimed as suggested by Bowen, which discloses the disable signal is configured to disable the main body non-permanently if the validity state information associated with the main body indicates that the main body is lost or stolen (Bowen: [0061]-[0062], [0077]-[0078], [0122], [0139],[ 0155], [0193], [0201], and FIG. 3: the app and or vaporizer may authenticate to a mobile device using encryption, as an anti-counterfeit mechanism. A similar scheme may be used to tie the vaporizer to the owner's mobile communications device (e.g., phone, smartwatch, pad, etc.), such that if stolen the device is disabled to prevent others from using it. In some embodiments, the vaporizer may connect periodically to the mobile communications device to verify).
Therefore, in view of teachings by Gorelick, Qiu , Wanatabe, Thorens, Flick, and Bowen, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to implement in the monitoring system of Gorelick, Qiu , Wanatabe, Thorens and Flick to include the disable signal is configured to disable the main body non-permanently if the validity state information associated with the main body indicates that the main body is lost or stolen, as suggested by Bowen. The motivation for this is to manage operations of vaporizer associated with a user account.
Citation of Pertinent Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Sweeney et al., US 11,886,952 B2, discloses systems and methods for point of sale age verification.
Talbot, US 2023/0189895 A1, discloses a smoking substitute device.
Tremblay, US 11,632,987 B2, discloses electronic vaping device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG PHAM whose telephone number is (571)-270-3668. The examiner can normally be reached 09:00 AM - 05:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, QUAN-ZHEN WANG can be reached at (571)-272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/QUANG PHAM/Primary Examiner, Art Unit 2685