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 .
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Bowen, et al. (US 2018/0043114).
Regarding claim 1, Bowen discloses an electronic vaporization apparatus ([0049], Fig. 1A, B, C component 100), used in combination with a wireless communication device ([0061], Fig. 3 component 305), and comprising an electronic vaporization apparatus body (i.e., vaporizer body) and an electronic vaporizer (i.e., cartridge) ([0049], Fig. 1A components 101, 114), wherein the electronic vaporizer is connected to the electronic vaporization apparatus body in a pluggable manner ([0055], Fig. 1B and 1C); and the electronic vaporization apparatus body (i.e., vaporizer body) comprises: a main control circuit (i.e., controller) ([0051], Fig. 1A component 105) configured to exchange data (i.e., via an application) for authenticating a user of the electronic vaporization apparatus with a wireless communication device (i.e., a smartphone) after the electronic vaporizer (i.e., cartridge) is inserted into the electronic vaporization apparatus body (i.e., vaporizer body) and engaged with the electronic vaporization apparatus body (i.e., vaporizer body) (i.e., a circuit completed by engagement of the pair of cartridge contacts with the pair of vaporizer body contacts) ([0122, 0123, 0125, 0250]); and receive, from the wireless communication device, identity authentication information of the user associated with the identity authentication request ([0251, 0126], Fig. 24) and unlock the electronic vaporization apparatus (i.e., vaporizer) according to the identity authentication information ([0124, 0125, 0128]); wherein the electronic vaporization apparatus is locked before the identity authentication request is sent ([0126, 0251], Fig. 24), a vaporization operation function is disabled when the electronic vaporization apparatus is locked ([0200-0201]), and the vaporization operation function is enabled (i.e., made ready for use) after the electronic vaporization apparatus is unlocked ([0128]).
Bowman also discloses that the cartridge (114) includes an identifier (138) which may be read by the vaporizer body. The identifier includes information about the vaporizable material. The identifier may include circuitry for receiving and/or transmitting information between the cartridge (114) and the vaporizer body (101) when the cartridge is engaged with the vaporizer body. A data exchange circuit may include the cartridge memory and additional circuitry that forms a data exchange circuit in cooperation with other circuitry on the vaporizer body when the cartridge is coupled to the vaporizer body.[0056] With respect to the information stored in the cartridge memory, Bowman teaches in para. [0072]:
Information about the cartridge and/or a vaporizable material held in the cartridge may be particularly helpful in determining dose. For example information such as one or more of: the type of vaporizable material (e.g., nicotine, cannabis, etc.), the concentration of vaporizable material, the content of the vaporizable material, the amount of vaporizable material, the configuration of the cartridge (e.g., heater, electrical properties, etc.), the lot number of the cartridge, the date of manufacture of the cartridge, expiration date, the thermal properties of the vaporizable material, etc. may be used to accurately estimate dose. In some implementations of the current subject matter, dose and/or use information may be stored (written) on the cartridge (e.g., in a memory).
Content of the vaporizable material would include flavor. Bowman does not specifically teach that the flavor information is specifically attached to a resistor in the cartridge which is read by the controller/circuitry in the vaporizer body.
Bowman does, however, teach that the sensing circuitry does measure small differences in resistance. “The circuit may detect the difference in resistance between (in reference to a cartridge identity circuit . . .)”. [0108] It would therefore have been obvious to one having ordinary skill in the art at the time of the invention to link flavor information to a resistor in the identifier to easily distinguish cartridge flavors in the vaporizer body when the cartridge is engaged with the vaporizer body.
Regarding claims 2-3, Bowen discloses that the identity authentication information comprises authentication information regarding the user's age ([0077]), and the main control circuit is further configured to: unlock the electronic vaporization apparatus when obtaining authentication information indicating that the user's age is not less than a preset threshold (i.e., minimum age), wherein the main control circuit is further configured to: keep the electronic vaporization apparatus locked when obtaining authentication information indicating that the user's age is less than the preset threshold (i.e., minimum age) ([0077, 0124]).
Regarding claims 4 and 7, Bowen discloses that the electronic vaporization apparatus body further comprises: an airflow sensor (i.e., pressure/flow sensor), electrically connected to the main control circuit ([0100], Fig. 6A), and configured to detect a change of airflow velocity and output a first level signal (i.e., PWM signal) ([0100]). In addition, when the authentication process is unsuccessful, the vaporizer is locked (i.e., disabled) ([0128]), preventing all components within the device from functioning, including the airflow sensor. As a result, the airflow sensor does not detect or send any signals (i.e., zero signal/low level) to the main control circuit (i.e., microcontroller). Once the authentication process is successful and the vaporizer is unlocked (i.e., enabled), both the microcontroller and the airflow sensor become operational. The airflow sensor detects the user’s puff, generating a detected signal (i.e., high level), which is received by the microcontroller. In response, the microcontroller outputs a PWM signal to the heater ([0100]).
Regarding claims 5-6, Bowen discloses that the electronic vaporization apparatus body (i.e., vaporizer body) further comprises: a power source configured to supply power ([0055], Fig. 1A component 103); and the main control circuit (i.e., microcontroller) is further configured to control, according to the first level signal ([0100]), the power source to supply or interrupt power to the electronic vaporization apparatus after unlocking ([0100], and please refer to the rejection of claims 4 and 7 above). Bowen also teaches that the electronic vaporization apparatus body (i.e., vaporizer body) further comprises a wireless communication circuit (i.e., wireless circuitry), configured to perform wireless communication ([0057], Fig. 1A component 107); wherein a second level signal (i.e., electrical signal) is generated after the electronic vaporizer (i.e., cartridge) is inserted into the electronic vaporization apparatus body (i.e., vaporizer body) and engaged with the electronic vaporization apparatus body ([0250]). Although Bowen does not explicitly teach that the vaporizer’s main control circuit sends an identity authentication request to the communication device, Bowen describes a system in which the communication device pairs with the vaporizer (i.e., a fully functional vaporizer with the cartridge and vaporizer body attached) and exchanges data via an application once pairing is successful ([Fig. 24 components 2410, 2420]). The vaporizer’s controller then receives the user’s identity authentication information from the wireless communication device ([0251, 0126], Fig. 24) and locks or unlocks the vaporizer accordingly ([0124, 0125, 0128]). A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Please refer to the modified Figure below:
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Response to Arguments
Applicant's arguments filed 10 June 2025 have been fully considered but they are not persuasive. Applicant argues the amendment submitted 10 June 2025. The rejection has been modified to address the amendment. Bowman teaches that the identifier on the cartridge is circuity, which electrically connects to the vaporizer body. The identifier includes information about the content of the cartridge, which is in turn read by the processor in the vaporizer body. Bowman teaches that this information is contained in a memory (EEPROM). But Bowman also teaches that the processor circuit is very sensitive and can distinguish very slight differences in resistance. As such, it would have been obvious to convey taste (flavor) information through slight changes in resistance of the cartridge to provide an immediate indication of flavor once the cartridge is linked to the vaporizer body.
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.
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/JILL A WARDEN/Supervisory Patent Examiner, Art Unit 1798