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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/17/2025 has been entered.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 22-41 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Cameron (US 2016/0331037).
Cameron teaches an electronic vapor device 100 including a processor 102 and memory 104. The device includes a number of sensors 136 to analyze certain aspects of the use of the device, as well as adverse environmental conditions. [0077]-[0086] The sensors provide information to the processor to provide alerts to the user, in the form of lights and sound, as well as and input/output touchscreen that provides information regarding the alert. In the event that the alert is to a negative environmental condition, the processor can provide recommendations for mitigating or actively mitigating the negative environmental impact. The vapor device 100 also includes GPS 118. The processor can receive information from the GPS and transmit to a service via network access to locate the device as well as use one or more services that rely on a current location of the user [0086].
With respect to claim 22, Cameron’s processor, memory and sensing system provides the control system recited, along with additional information about the device specified in [0070]+ which discuss normal control of a vapor device including heating, cooling, vapor generation etc., The receiving unit appears to be a combination of the processor and touch screen, as well as the discussed GPS and network connectivity that is capable of turn features on and off. The touch screen 902 in figs. 9-10 and paragraphs [0106]-[0108], “enables a user to control any and all functionality of the vapor device.
With respect to claim 23, again, information displayed on the touch screen, includes output from the sensors and processor, as well as alerts as to device status and adverse environmental influences.
With respect to claim 24 and 26, the processor provides location data from the GPS to network connected services. “For example, the processor 102 can receive location data from the GPS 118, convert it to usable data, and transmit the usable data to the one or more services via the network access device 106.” Predetermined area includes the surface of the earth within range of GPS satellites.
With respect to claim 25, figure 10 indicates where specific information is displayed on the user terminal (touch screen). This includes usable data such as location data.
With respect to claim 27, the alerts indicated by the input/output device (touch screen) can be various patterns of beeps, sounds, as well as LEDs of various colors [0084].
With respect to claim 28, the vapor device can provide alerts to power off the device [0092].
With respect to claims 29 and 30, again information on the input/output device allows for control of all aspects of the vapor device [0053]
With respect to claim 31, the input/output device can be a wired or wireless interface to provide alerts or to be controlled from a connected device, such as a smartphone [0055].
With respect to claim 32, again, the vapor device includes GPS.
With respect to claims 33-35, again the vapor device provides alerts which are light or sound based. [0084]
With respect to claims 36-41, “at a minimum, control can be provided between no power (off state) and one or more powered states. [0092] One or more powered state would correspond to adjustments in a parameter, the parameter being power. Cameron has indicated that “the display can be a touchscreen. The display can be configured to enable a user to control any and/or all functionality of the vapor device. [0106]
With respect to claim 42, the control information generation as claimed is not part of the electronic device as it is explicitly claimed as being part of a server.
With respect to claim 43, the Cameron device contains a network access device (i.e. transmission unit) and transmits data, including usage data, to a central server [0050]. The function of the server as claimed is not considered to be limiting to the claimed invention of the electronic device that generates aerosol.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J FELTON whose telephone number is (571)272-4805. The examiner can normally be reached Monday, Thursday-Friday 7:00-4:30, Wednesday 7:00-1:00.
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/Michael J Felton/Primary Examiner, Art Unit 1747