DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This office action is in response to the Applicants’ arguments/remarks filed 1-22-2025.
Claims 1-10 are presently examined
Claim 1 is amended.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon (CN107087390A), English machine translation relied upon in view of Alarcon (CN106102811A, hereafter ‘811), English machine translation relied upon.
Regarding Claim 1, Alarcon teaches an electronic vapor provision system, comprising:
a light source configured to emit light (emitter (IR or visible), [0089], see also ‘811 IR wireless transmission system of ‘811 below); and
a controller comprising a data processor (communication processor 214, which is a type of controller, [0067]), configured to generate transmission data (wireless communications are configured to communicate via wireless communication channels [0072]). See also wireless communication link of ‘811 below,
the controller (communication processor 214) is configured to control (communication processor 214, which is a type of controller, [0067]), configured to generate transmission data (wireless communications are configured to communicate via wireless communication channels [0072]). Although Alarcon discloses the light source to emit an optical signal (emitter (IR or visible), [0089]
Alarcon fails to explicitly disclose that the optical signal is for transmitting the transmission data.
Alarcon also fails to explicitly disclose that the communication processor is specifically controlling the communications of the IR transmission system.
However, ‘811 teaches an optical wireless communication signal that is for transmitting transmission data. Specifically, ‘811 teaches an infrared communication link that transmits data or information between at least two points of a wireless medium (page 13, 3rd paragraph from the bottom). ‘811 also teaches broadcasting the data to an external device with an infrared diode (last paragraph page 6). Claim 20 of ‘811 teaches broadcasting data further comprises transmitting the smoking data on the dedicated communication path.
‘811 also teaches the controller is configured to control the light source to emit an optical signal for transmitting the transmission data from the electronic vapor provision system to a reading device which is separate from the vapor provision system
Specifically, ‘811 teaches the light source is LED or infrared diode (page 6 last paragraph) and the controlled light source is emitted for transmitting data (data circuit 430 may comprise LED and infrared diode components that are configured for broadcasting data to the external device using the communication link) from the electronic vapor provision system to a reading device which is separate from the vapor provision system (data circuit transmits data through LED and infrared diode to the external device via the communication link, the external device is interpreted as being a reading device that reads the signal and is separate from the vapor provision system, on page 7 last paragraph example devices that can receive the broadcasting data from e.g., the communication link includes a mobile phone, computer, personal digital assistant., etc. these example devices are considered to be separate from the vapor provision system.)
‘811 also teaches that the communication processor is controlling the communications of the IR transmission system. Specifically, ‘811 teaches a processor is configured to generate IR transmission data for transmission (See page 14 top paragraph). ‘811 teaches broadcasting the data to an external device with an infrared diode (last paragraph of page 6, see also claim 20).
‘811 also teaches that it is advantageous to transmit onboard data from the e-cigarette to the external device, such as a computer, because of increased processing capability and larger memory for processing data (page 12 paragraph 4).
Thus, it would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to be motivated to modify the wireless communication transmission system of the smoking device of Alarcon to transmit data to an external device via IR according to the teaching of ‘811 which teaches a device for recording and transmitting smoking data of ‘811, to modify Alarcon have the advantage of transmitting onboard data from the e-cigarette to a computer because of increased processing capability and larger memory for processing data.
Alarcon teaches by the user physically contacting an input device arranged on an outside of the vapor provision system (e.g., button 208 as shown in FIG 7B and 7C, which is used for a user to physically contact and interface with the vapor provision system, see also [0064], see also FIG 9B which illustrates the communication pathway between the person 310A, and the device 100A, which has the button 208) in order to initiate the emission of the optical signal for transmitting the transmission data from the electronic vapor provision system to the reading device (e.g., as illustrated the emission is initiated by the user acting on the device which is configured or at least capable of being configured for transmitting the transmission data from the electronic vapor provision system 100A to the reading device 320C as illustrated in FIG 9B).
Regarding Claim 2, modified Alarcon teaches the claim limitations as set forth above. Additionally, Alarcon teaches the transmission data (transmit the status or data related to a user, [0012])
is based on data relating to the electronic vapor provision system (determine a status of the electronic smoking device or a user based on the stored data and instruct the communication circuit to transmit the status [0012])
retrieved from a data storage (retrieve data recorded or stored on a user’s electronic smoking device [0013]) of the electronic vapor provision system (electronic smoking device [0013]).
Regarding Claim 3, modified Alarcon teaches the claim limitations as set forth above, Additionally, Alarcon teaches the transmission data comprises data relating to at least one element selected from the group comprising:
electronic vapor provision system usage (communication unit 136 may send usage data, line 381);
unique electronic vapor provision system identifier (system diagnostic data (line 382), although a unique electronic vapor provision system identifier is not explicitly disclosed it would have been obvious to a person of ordinary skill in the art that a unique electronic vapor provision system identifier would be included in system diagnostic data; and
error codes (line 866, error code).
Regarding Claim 4, modified Alarcon teaches the claim limitations as set forth above, Additionally, Alarcon teaches the error codes include instructions for modifying the operation of the electronic vapor provision system to overcome the error that has been identified in the electronic vapor provision system ( [0079], The warning may be an error code that is displayed when an error condition occurs that may be used to assist consumer services in handling the error condition. It would be obvious to a person of ordinary skill in the art that this assisting of consumer services includes instructions for modifying the operation of the electronic vapor provision system to overcome the error in the system. Examples are given further evidencing this such as bad battery (line 867, it would be obvious that a bad battery would indicate to the consumer to purchase a new battery, for example).
Regarding Claim 5, modified Alarcon teaches the claim limitations as set forth above. Additionally, modified Alarcon teaches the light source comprises an infrared light emitting diode (Specifically, ‘811 teaches an infrared communication link that transmits data or information between at least two points of a wireless medium (page 13, 3rd paragraph from the bottom, an infrared communication link would include an IR LED)
Regarding Claim 6, modified Alarcon teaches the claim limitations as set forth above. Additionally, ‘811 teaches the light source (IR emitter) flashes on and off in a binary manner at a predetermined frequency to emit the optical signal. Specifically, ‘811 teaches an infrared communication link that transmits data or information between at least two points of a wireless medium (page 13, 3rd paragraph from the bottom). IR wireless transmission systems which include an emitter and detector transmit IR light in a binary manner at a predetermined frequency.
Regarding Claim 7, modified Alarcon teaches the claim limitations as set forth above. Additionally, ‘811 teaches the optical signal comprises an initiation portion and a main portion. e.g., as set forth above ‘811 teaches the wireless transmission is an optical signal. Optical signals would inherently include an initiation portion, e.g., pressing the button or drawing air through the device. For example, ‘811 on page 12 teaches that initiation of wireless connection can occur when a certain event occurs, it would be obvious this would include an initiation portion when the device is used and then attempts connection via optical signal and when the connection is successful that the main portion of the transmission would include the information to be transferred. See also page 12 second to last paragraph, broadcast signals can broadcast or transmit current information. Also see page 13, 3rd to last paragraph, communication link is infrared. See also page 14 top paragraph, IR communication can include computer instruction sequence which can include a command sequence.
Regarding Claim 8, modified Alarcon teaches the claim limitations as set forth above. Additionally, Alarcon teaches the initiation portion starts an authentication process. e.g., button 208 as shown in FIG 7B and 7C, which is used for a user to physically contact and interface with the vapor provision system, see also [0064], see also FIG 9B which illustrates the communication pathway between the person 310A, and the device 100A, which has the button 208) in order to initiate the emission of the optical signal for transmitting the transmission data from the electronic vapor provision system to the reading device (e.g., as illustrated the emission is initiated by the user acting on the device which is configured or at least capable of being configured for transmitting the transmission data from the electronic vapor provision system 100A to the reading device 320C as illustrated in FIG 9B).
Regarding Claim 9, modified Alarcon teaches the claim limitations as set forth above. Additionally, Alarcon teaches the emission of the optical signal is initiated when a condition is met by the electronic vapor provision system. Specifically, the optical signal is initiated when the device is turned on with the button or when data is being transmitted which is initiated by the user as set forth above in claim 1 with the modification of Alarcon with ‘811.
Regarding Claim 10, modified Alarcon teaches the claim limitations as set forth above. Additionally, Alarcon teaches the condition includes at least one of.
an error identified in the electronic vapor provision system ([0071] device may become susceptible to bacterial growth after a certain period of time, although not explicitly characterized as an “error”, errors are further disclosed in [0079], therefore it would be obvious to a person of ordinary skill in the art that identification of an expired device would qualify as an error identified in the electronic provisioning system. It would also be obvious to a person of ordinary skill in the art that this condition is met when a puff is made from the device causing airflow to begin which causes the airflow plate to spin [0089] causing a light signal to be generated as set forth above.); and
after a threshold of usage data is reached ([0071], after device has been used for a certain period of time and/or severity of use, line 771, number of puffs, line 779-780),
the usage data include at least one of puff counts (number of puffs taken, lines 779-780, total puff duration (duration of puffs, line 780).
Response to Arguments
Applicants’ Arguments/remarks and claim amendments filed 8-18-2025 (the response) have been fully considered but they are not found persuasive, because although Applicants amendments to the claims are sufficient to overcome the prior rejection of record, the references still render the pending claims obvious as set forth above. As such, any changes to the rejections of record were necessitated by Applicants amendment in the response.
In the response Applicant argues on pages 6/7:
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This is not found persuasive because as explained above, Alarcon discloses wireless transmission and wireless communication and also discloses that these wireless transmissions can be optical transmissions and in short the wireless transmission system of Alarcon is being modified and not the airflow sensor.
As explained above, ‘811 teaches an optical signal that is for transmitting transmission data. Specifically, ‘811 teaches an infrared communication link that transmits data or information between at least two points of a wireless medium (page 13, 3rd paragraph from the bottom). ‘811 also teaches broadcasting the data to an external device with an infrared diode (last paragraph page 6). Claim 20 of ‘811 teaches broadcasting data further comprises transmitting the smoking data on the dedicated wireless communication path.
‘811 also teaches the controller is configured to control the light source to emit an optical signal for transmitting the transmission data from the electronic vapor provision system to a reading device which is separate from the vapor provision system
Specifically, ‘811 teaches the light source is LED or infrared diode (page 6 last paragraph) and the controlled light source is emitted for transmitting data (data circuit 430 may comprise LED and infrared diode components that are configured for broadcasting data to the external device using the communication link) from the electronic vapor provision system to a reading device which is separate from the vapor provision system (data circuit transmits data through LED and infrared diode to the external device via the communication link, the external device is interpreted as being a reading device that reads the signal and is separate from the vapor provision system, on page 7 last paragraph example devices that can receive the broadcasting data from e.g., the communication link includes a mobile phone, computer, personal digital assistant., etc. these example devices are considered to be separate from the vapor provision system.)
‘811 also teaches that the communication processor is controlling the communications of the IR transmission system. Specifically, ‘811 teaches a processor is configured to generate IR transmission data for transmission (See page 14 top paragraph). ‘811 teaches broadcasting the data to an external device with an infrared diode (last paragraph of page 6, see also claim 20).
‘811 also teaches that it is advantageous to transmit onboard data from the e-cigarette to the external device, such as a computer, because of increased processing capability and larger memory for processing data (page 12 paragraph 4).
Thus, it would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the wireless transmission system of Alarcon to transmit data to an external device via IR according to the teaching of ‘811 which teaches a device for recording and transmitting smoking data of ‘811, to modify Alarcon to have the advantage of transmitting onboard data from the e-cigarette to a computer because of increased processing capability and larger memory for processing data.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
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/M.T.F./Examiner, Art Unit 1747 /Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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