DETAILED ACTION
Notice of Pre-AIA or AIA Status
This office action is responsive to the amendment filed on 03/06/26. Claims 1, 11, 12, and 22 are presently pending in this application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-7, 11-18, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Ampolini et al. (US 2014/0096782) in view of Pradeep (US 2012/0291791)
With regard to claim 1, Ampolini teaches a method for operating an electronic vaping device (500, FIG.4-5), comprising: executing, using at least one processor (microcontroller of first control component 520 of control body 506) code related to electronic vaping device functionality (“the second control component 590 may be configured to provide an authentication code or other appropriate indicia to the first control component 520. In such instances, the first control component 520 may be configured to evaluate the authentication indicia to determine whether the cartridge body portion 505 is authorized for use with the control body portion 506.”, para. [0091]), verifying software stored in reservoir memory included in a reservoir (505), and enabling functionality of the reservoir (505) with the electronic vaping device (500) based on results of the verifying the software (“the second control component 590 may be configured to provide an authentication code or other appropriate indicia to the first control component 520. In such instances, the first control component 520 may be configured to evaluate the authentication indicia to determine whether the cartridge body portion 505 is authorized for use with the control body portion 506.”, para. [0091]), (“upon establishment of communication between the first and second control components 520, 590, such as upon engagement of the control body and cartridge body portions 506, 505, the second control component 590 may be configured to provide an authentication code or other appropriate indicia to the first control component 520. In such instances, the first control component 520 may be configured to evaluate the authentication indicia to determine whether the cartridge body portion 505 is authorized for use with the control body portion 506. Such authentication may involve, for example, a determination as to whether the cartridge body portion 505 is produced by the manufacturer of the control body portion 506 (i.e., the control body portion 506 may only be used with a cartridge body portion 505 manufactured or authorized by the same manufacturer of the control body portion 506 … In other instances, this concept may be extended to authenticating whether a cartridge body portion 505 is within a corresponding series authorized for use with the control body portion 506 (i.e., the control body portion is configured for use only with Series X, Y, or Z cartridge body portions, wherein a Series N cartridge body portion would not be configured to provide a suitable authentication indicia to allow that cartridge body portion to be used with the noted control body portion). Accordingly, in particular aspects, the first control component 520 may be configured to be responsive to the received authentication indicia from the engaged cartridge body portion 505, authorizing the particular cartridge body portion 505 for use with the control body portion 506, to allow current flow from the electrical power source 540 to the at least one heating element 560, for example, upon actuation of the puff sensor 530 by a user.”, para. [0091]). Annotated figures of Ampolini are provided hereafter.
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With regard to the limitation of “the enabling the functionality of the reservoir including downloading reservoir profile information from the reservoir memory”, it is submitted that the prior art citation teaches: “In other aspects, the memory device 600 may be configured to include a composition indicia associated with the aerosol precursor composition contained in the reservoir 550 associated with the cartridge body portion 505. The composition indicia may have associated therewith, for example, heating parameters required to transform the aerosol precursor composition into an aerosol. Upon engagement between the control and cartridge body portions 506, 505, the composition indicia may be directed from the memory device 600, in some instances via the second control component 590, to the first control component 520“, para. [0106].
In view of the foregoing, it is submitted that because Ampolini teaches that the memory device 600 (of the cartridge body 505; FIG. 5) may be configured to include a composition indicia (correlated with the “reservoir profile information” of claim 1 of the instant patent application) associated with the cartridge body portion 505 (correlated with the claimed “reservoir” of claim 1 of the instant patent application), it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to combine the above prior art teachings in a primary embodiment of Ampolini related to verifying the software stored in reservoir memory with the prior art related to downloading reservoir information as suggested and taught by Ampolini in another aspect/embodiment for the purpose of automating the heating intensity/power once a reservoir is verified as being authorized for use with the vaping device.
Ampolini does teach as detailed the first control component 520 may be configured to evaluate the authentication indicia to determine whether the cartridge body portion 505 is authorized for use with the control body portion 506, but the citation does not utilize the term “digital rights management (DRM) software”; however, Ampolini teaches in para. [0091] that the authentication may involve determining whether a particular component is authorized to be used with the subject device via said authentication code which is what a DRM system performs.
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to understand that the device in the Ampolini reference includes executing the code including, verifying digital rights management (DRM) software, as suggested and taught in para. [0091], for the purpose of providing an authentication mechanism for components utilized with the subject device as a DRM system is known for providing the management of access to digital content which is what Amplini teaches in the cited portions therein.
Ampolini does not teach the limitation of the code compiled using an electronic vaping compiler corresponding to an electronic vaping system. However, Pradeep from the same field of endeavor directed toward methods and apparatus for nicotine delivery reduction teaches the aforementioned limitation: “According to particular example embodiments, the system 600 uses memory 603 to store data, algorithms and program instructions. The program instructions may control the operation of an operating system and/or one or more applications, for example. The memory or memories may also be configured to store received data and process received data. Because such information and program instructions may be employed to implement the systems/methods described herein, the present invention relates to tangible, machine readable media that include program instructions, state information, etc. for performing various operations described herein. Examples of machine-readable media include, but are not limited to, magnetic media such as hard disks, floppy disks, and magnetic tape; optical media such as CD-ROM disks and DVDs; magneto-optical media such as optical disks; and hardware devices that are specially configured to store and perform program instructions, such as read-only memory devices (ROM) and random access memory (RAM). Examples of program instructions include both machine code, such as produced by a compiler, and files containing higher level code that may be executed by the computer using an interpreter.”, para. [0048]-[0049].
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Ampolini reference, to include the code compiled using an electronic vaping compiler corresponding to an electronic vaping system, as suggested and taught by Pradeep, for the purpose of providing a compiled software product for use with an electronic vaping device (Pradeep: para. [0048]-[0049]).
With regard to claim 12, the subject claim relates to a non-transitory computer readable medium including computer readable instructions which when executed by at least one processor of an electronic vaping device includes somewhat similar limitations to those of claim 1 which is directed toward a method for operating an electronic vaping device, thus with respect to the structural limitations of claim 12 meet the functional limitations of the method claimed, it will obviously include the structural features as claimed. Furthermore, it has been held that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); MPEP 2112.01(I)".
With regard to claims 2 and 13, Ampolini teaches the executing the code (para. [0090-0091] related to electronic vaping device functionality further includes controlling vapor generation using a heating element (560) and the reservoir (“one or more control buttons 566 can be included in association with the control body portion 506 to allow for manual actuation of the smoking article 500 by a consumer to elicit a variety of functions, such as powering the article 500 on and off, turning on the heating element 560 to generate a vapor or aerosol for inhalation, or the like”, para. [0087]).
With regard to claims 3 and 14, Ampolini teaches the electronic vaping device includes a charging interface configured to interface a rechargeable battery (540) and an external power source; and the executing the code includes controlling charging of the rechargeable battery (540) using the external power source through the charging interface based on the code (“In some particular instances, the first and/or second control component 520, 590 may be configured to monitor particular usage parameters associated with the smoking article 500 and/or the user thereof. Such collected usage data may include, for example, the average number of puffs taken per cartridge (i.e., the number of puffs that the user can take before the reservoir 550 of the cartridge body portion 505 is considered spent or empty), the total number of puffs taken per cartridge or cumulatively in relation to the control body portion 506, the number of puffs taken before the electrical power source 540 (i.e., battery) needs to be recharged, the number of cartridges that can be used before the electrical power source 540 needs to be recharged, the total number of cartridges used in relation to the particular control body portion 506, or any other usable metric or statistical data associated with the smoking article 500 and/or the user thereof.”, para. [0108]; “in embodiments where rechargeable batteries are used, the smoking article can comprise charging contacts, for interaction with corresponding contacts in a conventional recharging unit deriving power from a standard 120-volt AC wall outlet, or other sources such as an automobile electrical system or a separate portable power supply, including USB connections”, para. [0028]).
With regard to claims 4 and 15, Ampolini teaches the electronic vaping device includes at least one input/output element (566), the at least one input/output element is at least one of a light-emitting diode, a button, a switch, an airflow sensor, or any combinations thereof; and executing the code includes controlling the at least one input/output element based on the code (“Still further, one or more control buttons 566 can be included in association with the control body portion 506 to allow for manual actuation of the smoking article 500 by a consumer to elicit a variety of functions, such as powering the article 500 on and off, turning on the heating element 560 to generate a vapor or aerosol for inhalation, or the like.”, para. [0087]).
With regard to claims 5 and 16, Ampolini teaches the code related to electronic vaping device functionality includes computer readable instructions for at least one of: adult vaper age verification, electronic vaping device identification, powering on, powering off, power consumption, operating efficiency, heating element temperature control, reservoir pre-vapor formulation level detection, operating time, power reduction, and power increase, battery charging control, user interface, communications, self-test, electronic vaping device monitoring, or any combinations thereof (“in one particular instance, upon establishment of communication between the first and second control components 520, 590, such as upon engagement of the control body and cartridge body portions 506, 505, the second control component 590 may be configured to provide an authentication code or other appropriate indicia to the first control component 520. In such instances, the first control component 520 may be configured to evaluate the authentication indicia to determine whether the cartridge body portion 505 is authorized for use with the control body portion 506. Such authentication may involve, for example, a determination as to whether the cartridge body portion 505 is produced by the manufacturer of the control body portion 506 (i.e., the control body portion 506 may only be used with a cartridge body portion 505 manufactured or authorized by the same manufacturer of the control body portion 506). In other instances, this concept may be extended to authenticating whether a cartridge body portion 505 is within a corresponding series authorized for use with the control body portion 506 (i.e., the control body portion is configured for use only with Series X, Y, or Z cartridge body portions, wherein a Series N cartridge body portion would not be configured to provide a suitable authentication indicia to allow that cartridge body portion to be used with the noted control body portion). Accordingly, in particular aspects, the first control component 520 may be configured to be responsive to the received authentication indicia from the engaged cartridge body portion 505, authorizing the particular cartridge body portion 505 for use with the control body portion 506, to allow current flow from the electrical power source 540 to the at least one heating element 560, for example, upon actuation of the puff sensor 530 by a user”, para. [0091]).
With regard to claims 6 and 17, Ampolini teaches the electronic vaping device includes a reservoir interface configured to transfer data communications between the at least one processor (590) and the reservoir; the reservoir profile information includes information related to -pre-vapor formulation; and executing the code includes receiving the reservoir profile information through the reservoir interface for storage in a first memory (600) included in the electronic vaping device (“In other aspects, the memory device 600 may be configured to include a composition indicia associated with the aerosol precursor composition contained in the reservoir 550 associated with the cartridge body portion 505. The composition indicia may have associated therewith, for example, heating parameters required to transform the aerosol precursor composition into an aerosol. Upon engagement between the control and cartridge body portions 506, 505, the composition indicia may be directed from the memory device 600, in some instances via the second control component 590, to the first control component 520“, para. [0106] ; “in one particular instance, upon establishment of communication between the first and second control components 520, 590, such as upon engagement of the control body and cartridge body portions 506, 505, the second control component 590 may be configured to provide an authentication code or other appropriate indicia to the first control component 520. In such instances, the first control component 520 may be configured to evaluate the authentication indicia to determine whether the cartridge body portion 505 is authorized for use with the control body portion 506. Such authentication may involve, for example, a determination as to whether the cartridge body portion 505 is produced by the manufacturer of the control body portion 506 (i.e., the control body portion 506 may only be used with a cartridge body portion 505 manufactured or authorized by the same manufacturer of the control body portion 506). In other instances, this concept may be extended to authenticating whether a cartridge body portion 505 is within a corresponding series authorized for use with the control body portion 506 (i.e., the control body portion is configured for use only with Series X, Y, or Z cartridge body portions, wherein a Series N cartridge body portion would not be configured to provide a suitable authentication indicia to allow that cartridge body portion to be used with the noted control body portion). Accordingly, in particular aspects, the first control component 520 may be configured to be responsive to the received authentication indicia from the engaged cartridge body portion 505, authorizing the particular cartridge body portion 505 for use with the control body portion 506, to allow current flow from the electrical power source 540 to the at least one heating element 560, for example, upon actuation of the puff sensor 530 by a user”, para. [0091]).
With regard to claims 7 and 18, Ampolini teaches the reservoir profile information includes at least one of: pre-vapor formulation type, pre-vapor formulation identifier, vendor identifier, capacity, heating element configuration data, measurement capability, deliverable function amount, consumption capacity, software capability, or any combinations thereof (“In other aspects, the memory device 600 may be configured to include a composition indicia associated with the aerosol precursor composition contained in the reservoir 550 associated with the cartridge body portion 505. The composition indicia may have associated therewith, for example, heating parameters required to transform the aerosol precursor composition into an aerosol. Upon engagement between the control and cartridge body portions 506, 505, the composition indicia may be directed from the memory device 600, in some instances via the second control component 590, to the first control component 520“, para. [0106]; “in one particular instance, upon establishment of communication between the first and second control components 520, 590, such as upon engagement of the control body and cartridge body portions 506, 505, the second control component 590 may be configured to provide an authentication code or other appropriate indicia to the first control component 520. In such instances, the first control component 520 may be configured to evaluate the authentication indicia to determine whether the cartridge body portion 505 is authorized for use with the control body portion 506. Such authentication may involve, for example, a determination as to whether the cartridge body portion 505 is produced by the manufacturer of the control body portion 506 (i.e., the control body portion 506 may only be used with a cartridge body portion 505 manufactured or authorized by the same manufacturer of the control body portion 506). In other instances, this concept may be extended to authenticating whether a cartridge body portion 505 is within a corresponding series authorized for use with the control body portion 506 (i.e., the control body portion is configured for use only with Series X, Y, or Z cartridge body portions, wherein a Series N cartridge body portion would not be configured to provide a suitable authentication indicia to allow that cartridge body portion to be used with the noted control body portion). Accordingly, in particular aspects, the first control component 520 may be configured to be responsive to the received authentication indicia from the engaged cartridge body portion 505, authorizing the particular cartridge body portion 505 for use with the control body portion 506, to allow current flow from the electrical power source 540 to the at least one heating element 560, for example, upon actuation of the puff sensor 530 by a user”, para. [0091]).
With regard to claims 11 and 22, Ampolini teaches the code is based on source code written using an electronic vaping programming language associated with an electronic vaping operating system (“any or all of the functions disclosed herein in conjunction with the second electronic control component 590, including interaction thereof with the first electronic control component 520 and other components of the smoking article 500, may be embodied in a computer-readable storage medium having computer-readable program code portions stored therein that, in response to execution by a processor, cause an apparatus to at least perform or direct the recited functions. In one particular instance, upon establishment of communication between the first and second control components 520, 590, such as upon engagement of the control body and cartridge body portions 506, 505, the second control component 590 may be configured to provide an authentication code or other appropriate indicia to the first control component 520”, para. [0090]-[0091]).
Claims 8-10 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Ampolini et al. (US 2014/0096782) and Pradeep (US 2012/0291791) as detailed above, and further in view of Fernando et al. (US 2009/0320863).
With regard to claims 8 and 19, Ampolini teaches the electronic vaping device includes a host interface (570, FIG. 5); however, the citation does not teach configured to transfer data communications between the at least one processor and an external computing device; and executing the code includes receiving data from the external computing device through the host interface for storage in a first memory included in the electronic vaping device. However, Fernando teaches computer interfacing means for smoking devices to facilitate chaging and allow computer control of the device (“The housing 103 may also include an interface 105, which may be in the form of a USB socket, for receiving a first end 107 a of a communications link 107 that may be in the form of a USB connector. A second end 107 b of the communications link 107 may be plugged into a host 109, that may be in the form of Personal Computer (PC). The PC 109 is Internet-enabled. The hardware in the device 101 comprises a limited set of software-supporting components. This allows the device itself to remain relatively simple in terms of memory and processing power. Extended capabilities for the device (to be discussed below) are hosted on the Internet-enabled PC 109 and transferred to and from the device 101 as required. Thus, the device may be connected, via the PC 109, to one or more approved Internet sites. In this embodiment, the link is a USB link which provides bi-directional communication and can also provide power to the device., para. [0047]-[0048]).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the device in the Ampolini reference, to include configured to transfer data communications between the at least one processor and an external computing device; and executing the code includes receiving data from the external computing device through the host interface for storage in a first memory included in the electronic vaping device, as suggested and taught by Fernando, for the purpose of providing external control of the device via a computing device (para. [0047]-[0048]).
With regard to claims 9 and 20, Fernando teaches the data of the external computing device includes profile information associated with an owner of the electronic vaping device (“information may be downloaded from the PC to the device. For example, a user may personalize the device by specifying information such as a maximum number of puffs permitted per time period, and a minimum interval between puffs. This may assist with managing smoking behaviour. Alternatively, or in addition, the user may specify the brand of tobacco plug being used and control parameters can then be downloaded from the PC to the device, to optimize the smoking experience for that brand. Alternatively, or in addition, further features could be downloaded, for example auto-shutdown after a selected period of inactivity. This could be used as a security feature to prevent a lost or stolen device being used without authorisation. Again, this capability is not limited to the device 101 and PC 109 of FIG. 1, but may apply to any electrically heated smoking system according to the invention. If the user specifies a brand, this will be the brand of the particular aerosol-forming substrate being used”, para. [0051]).
With regard to claims 10 and 21, Fernando teaches the data received from the external computing device includes as code related to operating the electronic vaping device and the reservoir according to desired operational constraints (“information may be downloaded from the PC to the device. For example, a user may personalize the device by specifying information such as a maximum number of puffs permitted per time period, and a minimum interval between puffs. This may assist with managing smoking behaviour. Alternatively, or in addition, the user may specify the brand of tobacco plug being used and control parameters can then be downloaded from the PC to the device, to optimize the smoking experience for that brand. Alternatively, or in addition, further features could be downloaded, for example auto-shutdown after a selected period of inactivity. This could be used as a security feature to prevent a lost or stolen device being used without authorisation. Again, this capability is not limited to the device 101 and PC 109 of FIG. 1, but may apply to any electrically heated smoking system according to the invention. If the user specifies a brand, this will be the brand of the particular aerosol-forming substrate being used”, para. [0051]).
Response to Arguments
The prior art rejections are newly presented herein with newly cited prior art to address the newly amended claim limitations of the instant patent application.
The Examiner’s comments presented to Applicant’s arguments filed 06/20/25 are reproduced hereafter as they are considered relevant to the instant office action. The Examiner maintains their position regarding Ampolini’s teaching of “authentication indicia” as not being software. However, the authentication component of Ampolini (controller/authentication 590, FIG. 5) is explicitly described as being hardware, software, or a combination of the two: “The second electronic control component 590 may comprise a processor, may be configured as purpose-specific analog and/or digital circuitry with or without a processor, or may comprise hardware, software, or a combination of hardware and software.” (emphasis added), para. [0090]). Additionally, Ampolini further teaches: “the communication device 610 may be used, in some instances, to update the operational software associated with the first and/or second control component” (emphasis added), para. [0104]. Further to the foregoing, Ampolini explicitly describes the second control component 590 as a controller/authentication (FIG. 5).
The Examiner’s response to Applicant's arguments filed 02/16/24 are reproduced hereafter. At pg. 10 of Applicant’s Office Action Response it is asserted: “The Ampolini device consists of a ‘control body portion’ and a cartridge body portion’ … the first control component of the control body portion determines whether the cartridge body portion is authorized to operate with the control body portion by either: 1) receiving ‘authentication indicia’ from the cartridge body portion which indicates the manufacturer of the cartridge body or the model information of the cartridge body, or 2) transmitting a cryptographic authentication challenge including a secrete key to the second control component and receiving an authentication response from the second control component based on the secret key….” It is firstly submitted that the written description of the instant patent application provides a specific definition for “digital rights management (DRM)” as “software that may indicate whether the reservoir 345 is properly licensed and/or compatible for use with the e-vaping device 300…”, para. [0099]. In view of MPEP 2111 (Claim Interpretation; Broadest Reasonable Interpretation) which states: “ the meaning given to a claim term must be consistent with the ordinary and customary meaning of the term (unless the term has been given a special definition in the specification), and must be consistent with the use of the claim term in the specification and drawings”, the Examiner is interpreting the term “digital rights management (DRM) to mean software that may indicate whether the reservoir 345 is compable for use with the e-vaping device as explicitly written in para. [0099] of the instant patent application.
Conclusion
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/JOSEPH W ISKRA/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
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