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 .
Continued Examination
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 7, 2026 has been entered.
Status of the Claims
Claims 21-36, and 38-39 are pending and are subject to this Office Action. Claims 21, 23, and 39 are amended. Claims 1-20, and 37 are cancelled.
Response to Amendments
The amendments to the claims filed on January 7, 2026 are acknowledged.
Response to Arguments
Applicant's arguments, see pgs 7-11, filed January 7, 2026, with respect to the rejection(s) of claims 21-36, and 38-39 under 35 U.S.C. 103 have been fully considered and they are persuasive. Applicant has amended claim 21 and 39 to require a limitation that the previously applied prior art does not disclose: “wherein the predefined number of the input signals received simultaneously corresponding to or used as an indicator of a size of a hand of the user, wherein a first region and a second region are configured to allow the aerosol-generating system to enable the first function only for the user with a hand of at least a predetermined size.” Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art references in combination with previously applied prior art.
The following is a modified rejection based on amendments made to the claims.
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.
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 21-25, 27-36, and 38-39 are rejected under 35 U.S.C. 103 as being unpatentable over Cho (KR 101214363 B1, Cited on the IDS dated 2/14/2022, English Translation provided by Examiner) in view of Liu (US 2017/0135400 A1), Hubbard (US 2020/0315260 A1), Leadley (US 2021/0093014 A1), and Rehders (US 2018/0251286 A1).
Regarding Claim 21, Cho, directed to aerosol generating devices ([0001]-[0003], [0041]; The electronic cigarette type suction device is configured to generate a vapor from a nicotine liquid for inhalation by a user. Electronic cigarettes are aerosol generating devices; see instant specification, pg 1, ln 9-11), teaches an aerosol-generating system ([0001]-[0003], [0041]-[0043], [0098]-[0099], Figs. 1 and 5; The electronic cigarette type suction device is configured to generate a vapor from a nicotine liquid for inhalation by a user. The suction device 100 of Fig. 1 and the nicotine liquid form an aerosol-generating system. Fig. 5 shows suction device 300, which is an alternate embodiment of the suction device of Fig. 1), comprising:
an aerosol-generating element ([0047], [0053], [0102], Figs. 1 and 5; Suction device 100 includes vaporizing member 123, which vaporizes the liquid in liquid receiving member 122. Suction device 300 includes an equivalent vaporizing member 323);
a housing comprising an upper surface, a lower surface, and a plurality of regions ([0099], Fig. 5; Suction device 300 includes case 311, which houses the internal components of suction device 300. Case 311 comprises an upper and lower surface as shown in Fig. 5. Five selection members 350 are provided on the upper surface, wherein each selection member corresponds to one of a plurality of regions);
an interface element comprising a plurality of contact sensing elements ([0099]-[0102], Fig. 5; Selection members 350 may be implemented as capacitive, voltage, or pressure sensing elements configured to provide an interface to sense the contact of a user’s fingers),
each contact sensing element being configured to generate an input signal responsive to that contact sensing element detecting contact with the upper surface at or near one of the plurality of regions ([0044], [0051], [0054]-[0057], [0099], Figs. 1 and 5; Suction device 100 includes selection member 150 and control element 114. Selection information input from selection member 150 is communicated to control element 114. It is reasonably understood that operation of selection member 150 generates an input signal which is received by control element 114. Suction device 300 includes an equivalent control element 314, wherein selection members 350 are equivalent to section member 150. Therefore, each selection member 350 (contact sensing element) is configured to generate an input signal responsive to that selection member 350 detecting contact with the upper surface of case 311 at one of the plurality of regions); and
a circuit configured to receive the input signals from the plurality of contact sensing elements and to enable a first function of the aerosol-generating system responsive to a first plurality of the input signals satisfying a first criterion ([0051], [0054]-[0057], Figs. 1 and 5; Control element 114/314 comprises various circuits configured to receive the input signals from selection member(s) 150/350, and to enable operations of the suction device 100/300. The input signals reflect the satisfaction of a first criterion),
wherein the first criterion comprises the circuit receiving a predefined number of the input signals simultaneously ([0102], Figs. 5; Multiple selection members 350 may be selected at a single time to change an operation of the suction device 300. Therefore, the control element 314 (circuit) must receive a predefined number of input signals from the plurality of section members 350 simultaneously),
wherein the first criterion further comprises simultaneously receiving at least one input signal generated by a contact sensing element detecting contact with a first portion of the upper surface and at least one input signal generated by a contact sensing element detecting contact with a second portion of the upper surface ([0099]-[0102], Fig. 5; If multiple selection members 350 can be selected to satisfy the first criterion, it is reasonably understood that at least two input signals responsive to detecting contact with the upper surface of case 311 at a first and second region of the plurality of regions, respectively, are simultaneously received by the controller 314 of suction device 300. The regions can be regarded as separate portions of the upper surface),
but does not teach the system i) wherein satisfaction of the first criterion is part of an authentication procedure, ii) wherein the authentication procedure is a multi-step authentication procedure, and iii) wherein a first region and a second region are located on different surfaces of the housing, and iv) wherein the predefined number of the input signals received simultaneously corresponding to or used as an indicator of a size of a hand of the user, wherein a first region and a second region are configured to allow the aerosol-generating system to enable the first function only for the user with a hand of at least a predetermined size.
With respect to i), Liu, directed to aerosol generating devices ([0001], Electronic cigarettes are aerosol generating devices; see instant specification, pg 1, ln 9-11), teaches aerosol-generating system ([0007], The electronic cigarette comprises an atomizing component used for atomizing smoke oil to generate an aerosol. The electronic cigarette and the smoke oil form an aerosol-generating system), comprising:
an aerosol-generating element ([0007], The electronic cigarette comprises an atomizing component used for atomizing smoke oil to generate an aerosol);
an interface element comprising a plurality of contact sensing elements, wherein each contact sensing element corresponds to one of a plurality of regions ([0007]-[0011], [0033]-[0036], [0072], Fig. 1; The electronic cigarette comprises a plurality of touching keys used to unlock the electronic cigarette and switch the electronic cigarette to a working state. The touching keys are configured to sense the contact of a user. It is reasonably understood that each of the touching keys are located at one of a plurality of regions of the device in order to differentiate contact with each key),
the contact sensing elements being configured to generate an input signal responsive to that contact sensing element detecting contact with the plurality of regions ([0007]-[0011], [0033]-[0036], [0072], Fig. 1; Contact with the touching keys (contact sensing element) generates an unlocking signal responsive to the touching keys detecting contact with the plurality of regions); and
a circuit configured to receive the input signal from the plurality of contact sensing elements and to enable a first function of the aerosol-generating system responsive to a first plurality of the input signals satisfying a first criterion ([0007]-[0011], [0033]-[0036], [0071]-[0077], Figs. 1-3; Controlling module is configured to receive the unlocking signal from the touching keys, and enable the unlocking function of the electronic cigarette responsive to the unlocking signal satisfying a preset touching path (first criterion). Fig. 3 shows a circuit diagram implemented by the controlling module)
satisfaction of the first criterion being part of an authentication procedure ([0007], [0057], [0071]-[0075], Satisfaction of the preset touching path facilitates unlocking the electronic cigarette. The unlocking function is utilized to authenticate that the user of the electronic cigarette, and the prevent children from operating the electronic cigarette).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure satisfaction of the first criterion taught by Cho to be part of an authentication procedure as taught by Liu because Cho and Liu are directed to aerosol generating devices, Liu demonstrates that presetting a first criterion of user contact with a plurality of contact sensing elements can eliminate the possibility of a child accidentally puffing or triggering an aerosol generating system ([0007]-[0011], [0033]-[0036], [0057]), and this involves combining prior art elements according to known methods to yield predictable results.
Cho in view of Liu does not teach the system ii) wherein the authentication procedure is a multi-step authentication procedure, iii) wherein a first region and a second region are located on different surfaces of the housing, and iv) wherein the predefined number of the input signals received simultaneously corresponding to or used as an indicator of a size of a hand of the user, wherein a first region and a second region are configured to allow the aerosol-generating system to enable the first function only for the user with a hand of at least a predetermined size.
With respect to ii), Hubbard, directed to aerosol generating devices ([0002]), teaches aerosol-generating system ([0038], The aerosol delivery device is configured to generate an aerosol from an aerosol precursor composition. The device and the composition form an aerosol-generating system) comprising:
an aerosol-generating element ([0047], The aerosol delivery device comprises a heating element to generate the aerosol from the aerosol precursor composition);
a multi-step authentication procedure requiring satisfaction of a plurality of criterion ([0006]-[0012], [0034], Authentication of the device may involve an audio signal and a visual/optical signal).
It would have been obvious to one of ordinary skill in the art to configure the authentication procedure taught by Cho in view of Liu as a multi-step authentication procedure as taught by Hubbard because Cho, Liu, and Hubbard are directed to aerosol generating devices, the authentication procedures taught by Liu and Hubbard are used to prevent an underage user from accessing and using the aerosol generating system (Liu, [0057] and Hubbard, [0005], [0034]-[0037]), and Hubbard demonstrates that implementing multiple steps in the authentication procedure further ensures that an age-restricted user may not operate the system (Hubbard, [0034]-[0037]) and prevents instances of fraud (Hubbard, [0123]).
Cho in view of Liu and Hubbard does not teach the system iii) wherein a first region and a second region are located on different surfaces of the housing, and iv) the predefined number of the input signals received simultaneously corresponding to or used as an indicator of a size of a hand of the user, wherein a first region and a second region are configured to allow the aerosol-generating system to enable the first function only for the user with a hand of at least a predetermined size.
With respect to iii), Leadley, directed to aerosol generating devices ([0002], Electronic cigarettes are aerosol generating devices; see instant specification, pg 1, ln 9-11), teaches an aerosol-generating system ([0070], [0074], [0077]-[0078], Figs. 3-4; E-cigarette 101 comprises heater 48. [0027]-[0030], [0070], Figs. 1-2; As heater 48 of Figs. 3-4 is analogous to heater 48 of the electronic cigarette 1 of Figs. 1-2, heater 48 of Figs. 3-4 configured to vaporize a liquid precursor material to generate an aerosol), comprising:
an aerosol-generating element ([0070], [0074], [0077]-[0078], Figs. 3-4; E-cigarette 101 comprises heater 48 (aerosol-generating element) configured to vaporize a liquid precursor material to generate an aerosol);
a housing comprising an upper surface, a lower surface, and a plurality of regions ([0070]-[0071], Figs. 3-4; E-cigarette 101 includes reusable part housing 112 which generally has a cuboidal shape. When oriented on its side, reusable part housing 112 includes an upper surface including first user input mechanism 114, and a lower surface include second user input mechanism 116. User input mechanisms 114, 116 define a plurality of regions located on the upper and lower surface);
an interface element comprising a plurality of contact sensing elements, wherein each contact sensing element corresponds to one of the plurality of regions ([0070]-[0071], [0081], Figs. 3-4; Each of the first and second user input mechanism 114, 116 is formed from a touch sensitive region, where the user can touch any part of the region in order to activate it. Each of the first and second user input mechanism 114, 116 corresponds to one of the plurality of regions),
wherein a first region and a second region are located on different surfaces of the housing ([0070]-[0071], [0081], Figs. 3-4; First user input mechanism 114 (corresponding to the first region) is located on the upper surface of reusable part housing 112, and second user input mechanism 116 is located on the lower surface of reusable part housing 112),
wherein the housing has a generally cuboidal shape ([0070]-[0071], Figs. 3-4; Reusable part housing 112 which generally has a cuboidal shape).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the housing of the aerosol-generating system taught by Cho in view of Liu and Hubbard having a generally cuboidal shape as taught by Leadley because Cho, Liu, Hubbard, and Leadley are directed to aerosol generating devices, changing the shape of the housing from cylindrical to cuboidal constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the aerosol-generating system Cho in view of Liu, Hubbard, and Leadley wherein a first region and a second region are located on different surfaces of the housing as taught by Leadley because Leadley demonstrates that the first and second regions are provided at ergonomically suitable positions on opposite sides of the aerosol-generating system such that a user can simultaneously hold the e-cigarette and operate both user input mechanisms in a convenient manner (Leadley, [0081]), and the teaching in Leadley would have motivated one to provide the first and second regions in the claimed configuration.
Cho in view of Liu and Hubbard does not teach the system iv) wherein the predefined number of the input signals received simultaneously corresponding to or used as an indicator of a size of a hand of the user, wherein a first region and a second region are configured to allow the aerosol-generating system to enable the first function only for the user with a hand of at least a predetermined size.
With respect to iv), Rehders, directed to aerosol generating devices ([0001]), teaches an aerosol-generating system ([0034]-[0045], Figs. 2-3; Tray 100 is configured to house e-cigarette 10 (an aerosol generating device). Therefore, tray 100 and e-cigarette 10 form an aerosol generating system), comprising:
a housing comprising a plurality of regions ([0034]-[0045], Figs. 2-3; Tray 100 is a thermoformed plastic container having an exterior surface defining a housing. Lateral surfaces 102, 103 for a plurality of regions);
a plurality of contact sensing elements, each contact sensing element being configured to generate an input responsive to that contact sensing element detecting contact with the one of the plurality of regions, wherein the plurality of inputs satisfy a first criterion, satisfaction of the first criterion being part of an authentication procedure ([0034]-[0045], Figs. 2-3; The separate lateral surfaces 102, 103 are spaced apart such that small childrens' hands are not able to press the two areas (lateral surfaces 102, 103) with the fingers of one hand at the same time. An adult capable of pressing the interaction elements (lateral surfaces 102, 103) with a single hand sufficiently strong can take out the e-cigarette with the fingers of the other hand while keeping the interaction elements (lateral surfaces 102, 103) pressed. Lateral surfaces 102, 103 are contact sensing elements, which when pressed simultaneously, cause inner portions 120 to lift to release e-cigarette 10. Therefore, lateral surfaces 102, 103 generate an input which satisfies an authentication procedure to allow an authorized user to access the e-cigarette 10),
the predefined number of the inputs received simultaneously corresponding to or used as an indicator of a size of a hand of the user, wherein a first region and a second region are located on different surfaces of the housing and are configured to allow the aerosol-generating system to enable the first function only for the user with a hand of at least a predetermined size ([0034]-[0045], Figs. 2-3; The separate lateral surfaces 102, 103 are spaced apart such that small childrens' hands are not able to press the two areas (lateral surfaces 102, 103) with the fingers of one hand at the same time. Lateral surfaces 102, 103 (first region and second region) are located on different surfaces of the housing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the aerosol-generating system Cho in view of Liu, Hubbard, and Leadley wherein the predefined number of the input signals received simultaneously corresponding to or used as an indicator of a size of a hand of the user, wherein a first region and a second region are configured to allow the aerosol-generating system to enable the first function only for the user with a hand of at least a predetermined size as taught by Rehders because Cho, Liu, Hubbard, Leadley, and Rehders are directed to aerosol generating devices, Rehders demonstrates that providing the first and second regions on separate surfaces of a housing enables a first function only for the user with a hand of at least a predetermined size prevents a user from inappropriately accessing the aerosol-generating system (Rehders, [0045]), and the teaching in Rehders would have motivated one to provide the system in the claimed configuration.
Regarding Claim 22, Cho in view of Liu, Hubbard, Leadley, and Rehders teaches the aerosol-generating system according to claim 21. Cho further teaches the system wherein the predefined number corresponds to a number of input signals expected to be generated by contact with the upper surface by a specified user or an approved type of user ([0051], [0054]-[0057], [0099], [0102], Figs. 1 and 5; Multiple selection members 350 may be selected at a single time to satisfy the first criterion. It is reasonably understood that only an approved type of user would have knowledge of which selection members 350 to touch in order to satisfy the first criterion. Therefore, the predefined number corresponds to a number of input signals from the selection members 350 generated by contact with the upper surface of case 311 by an approved type of user).
Regarding Claim 23, Cho in view of Liu, Hubbard, Leadley, and Rehders teaches the aerosol-generating system according to claim 21, but does not explicitly teach the system wherein the predefined number corresponds to a number of input signals expected to be generated by contact with the upper surface by a hand of at least a predetermined size.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the predefined number to corresponds to a number of input signals expected to be generated by contact with the upper surface by a hand of at least a predetermined size because Liu states that the authentication procedure is configured to prevent a child from operating aerosol-generating system (Liu, [0057]), Cho demonstrates that five contact sensing elements are spaced apart along the length of the upper surface of the housing to be gripped by the hand of a user (Cho, [0099]-[0103], Fig. 5 shows five selection members 350 in a line along the upper surface of case 311), and that multiple interface elements can be contacted to satisfy the first criterion (Cho, [0102]). One of ordinary skill in the art would have been aware that children have smaller hands than adults, and therefore, it would have been obvious to set the predefined number at, for example 4 or 5, such that only an adult user with having a size sufficient to select the predefined number of contact sensing elements would be able to operate the aerosol-generating system.
Regarding Claim 24, Cho in view of Liu, Hubbard, Leadley, and Rehders teaches the aerosol-generating system according to claim 21. Cho further teaches the system wherein the predefined number corresponds to a number of input signals generated by contact with a predetermined proportion of a surface of the housing ([0051], [0054]-[0057], [0099], [0102], Figs. 1 and 5; Any number or area of the plurality selection members 350 may be selected to satisfy the first criterion and facilitate authentication. Therefore, the predefined number corresponds to a number of input signals from the selection members 350 generated by contact with a predetermined proportion of case 311).
Regarding Claim 25, Cho in view of Liu, Hubbard, Leadley, and Rehders teaches the aerosol-generating system according to claim 21. Cho further teaches the system wherein the predefined number corresponds to a number of input signals generated by contact with a predetermined proportion of the upper surface of the housing or of a portion of the upper surface of the housing ([0051], [0054]-[0057], [0099], [0102], Figs. 1 and 5; Any number or area of the plurality selection members 350 may be selected to satisfy the first criterion and facilitate authentication. Therefore, the predefined number corresponds to a number of input signals from the selection members 350 generated by contact with a predetermined proportion of upper surface of case 311).
Regarding Claim 27, Cho in view of Liu, Hubbard, Leadley, and Rehders teaches the aerosol-generating system according to claim 21. Cho further teaches the system wherein at least one of the plurality of contact sensing elements comprises a capacitive sensor ([0101], Selection members 350 may be capacitive sensors).
Regarding Claim 28, Cho in view of Liu, Hubbard, Leadley, and Rehders teaches the aerosol-generating system according to claim 21. Cho further teaches the system wherein at least one of the plurality of contact sensing elements comprises a pressure sensor ([0102], Selection members 350 may sense a degree of pressure applied).
Regarding Claim 29, Cho in view of Liu, Hubbard, Leadley, and Rehders teaches the aerosol-generating system according to claim 21. Liu further teaches the system wherein the first function is initiation of an authentication procedure ([0007], [0057], [0071]-[0075], Satisfaction of the preset touching path facilitates unlocking the electronic cigarette. The satisfaction of the first criterion initiates an authentication procedure as applied to claim 21).
Regarding Claim 30, Cho in view of Liu, Hubbard, Leadley, and Rehders teaches the aerosol-generating system according to claim 21, but does not teach the aerosol-generating system wherein the circuit is further configured to enable the first function if an alternative authentication procedure to satisfying the first criterion is successfully completed.
Hubbard teaches an aerosol-generating device having an authentication procedure ([0034], The aerosol delivery device requires authentication to allow the user to operate the device),
wherein the authentication procedure may comprise receiving an audio signal and/or a visual/optical signal ([0006]-[0012], [0034], Authentication of the device may involve an audio signal and a visual/optical signal),
or may comprise a biometric, fingerprint, or other biological indicators ([0162]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure the circuit to enable the first function if an alternative authentication procedure to satisfying the first criterion is successfully completed because Hubbard demonstrates that audio signals, visual/optical signals, and biometric indicators are equivalent authentication procedures which may be employed to unlock an aerosol generating device (Hubbard, [0006]-[0012], [0034], [0162]) and to prevent children from accessing the device (Hubbard, 0034]-[0037]). Further, the provision of an alternative authentication procedure would allow the user more flexibility and ease of use if they prefer one authentication procedure to another.
Regarding Claims 31-32, Cho in view of Liu, Hubbard, Leadley, and Rehders teaches the aerosol-generating system according to claim 21, but does not teach the system wherein the first criterion further comprises receiving a second predefined number of input signals from the plurality of contact sensing elements indicative of contact with the upper surface for greater than a predetermined length of time and for less than a second predetermined length of time.
Liu teaches a system wherein the first criterion comprises receiving user input indicative of which contact sensing elements have been contacted by a user ([0033]-[0036], [0070]-[0072], Fig. 1; The electronic cigarette is unlocked by controlling module if a preset touching path (first criterion) is satisfied. The preset touching path includes detection of user contact with at least one touching key (contact sensing element),
wherein the first criterion further includes receiving information indicating whether the contact sensing elements have been contacted for greater than a predetermined length of time and less than a second predetermined length of time ([0033]-[0036], [0070]-[0072], Fig. 1; The preset touching path includes detection of user contact with at least one touching key (contact sensing element) within a preset length of time. If the touching keys must be contacted within a preset length of time, the preset length of time must include a minimum (0 sec) and maximum predetermined length of time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the first criterion to comprise receiving a second predefined number of input signals from the plurality of contact sensing elements indicative of contact with the upper surface for greater than a predetermined length of time and less than a second predetermined length of time because Liu demonstrates that if time is not restricted to a specific range, erroneous attempts to satisfy the first criterion will accumulate and prevent the user from accessing the device even if the first criterion is satisfied on a later attempt (Liu, [0072]).
Regarding Claim 33, Cho in view of Liu, Hubbard, Leadley, and Rehders teaches the aerosol-generating system according to claim 21. Cho further teaches the system wherein the first criterion further comprises simultaneously receiving a first predefined number of input signals responsive to detecting contact with the upper surface at or near a first region of the plurality of regions and a second predefined number of input signals responsive to detecting contact with the upper surface at or near a second region of the plurality of regions ([0099]-[0102], Fig. 5; If multiple selection members 350 can be selected to satisfy the first criterion, it is reasonably understood that at least two input signals responsive to detecting contact with the upper surface of case 311 at a first and second region of the plurality of regions, respectively, are simultaneously received by the controller 314 of suction device 300. In this case, the first predefined number of input signals is one, and the second predefined number is input signals is one).
Regarding Claim 34, Cho in view of Liu, Hubbard, Leadley, and Rehders teaches the aerosol-generating system according to claim 33. Cho further teaches the system wherein the first criterion further comprises simultaneously receiving an nth predefined number of input signals responsive to detecting contact with the upper surface at or near an nth region of n regions of the plurality of regions, where n is an integer greater than 2 ([0099]-[0102], Fig. 5; Five selection members 350 are shown in Fig. 5. If multiple selection members 350 can be selected to satisfy the first criterion, it is reasonably understood that up to five input signals responsive to detecting contact with the upper surface of case 311 at up to five regions of the plurality of regions are simultaneously received by the controller).
Regarding Claim 35, Cho in view of Liu, Hubbard, Leadley, and Rehders teaches the aerosol-generating system according to claim 33. Cho further teaches the system wherein the first criterion further comprises simultaneously receiving at least one input signal responsive to detecting contact with the upper surface at or near at least a predetermined proportion of n regions of the plurality of regions ([0102], Fig. 5; Input signals responsive to detecting contact with the upper surface of case 311 at a predefined number and area (proportion) of the selection members 350 may be received by the controller 314 of section device 300. Five selection members 350 are shown in Fig. 5, and therefore n is equal to 5).
Regarding Claim 36, Cho in view of Liu, Hubbard, Leadley, and Rehders teaches the aerosol-generating system according to claim 34. Cho further teaches the system wherein each of the n regions is separated from every other of the n regions ([0099]-[0102], Suction device 300 includes five selection members 350 corresponding to five regions of the upper surface of case 311. Each of the selection members 350 is spaced apart from the other selection members 350), but does not teach explicitly teach the system wherein n is an integer greater than 10 and each of the n regions is separated from every other region of the n regions by at least 1 millimeter.
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the system wherein n is an integer greater than to because Cho states that the aerosol-generating system may comprise a plurality of contact sensing elements (Cho, [0099]-[0102], Suction device 300 includes selection members 350) and each of the contact sensing elements is configured to generate an input signal responsive to that contact sensing element detecting contact with the upper surface at or near one of the plurality of regions ([0044], [0051], [0054]-[0057], [0099], Figs. 1 and 5; Suction device 100 includes selection member 150 and control element 114. Selection information input from selection member 150 is communicated to control element 114. It is reasonably understood that operation of selection member 150 generates an input signal which is received by control element 114. Suction device 300 includes an equivalent control element 314, wherein selection members 350 are equivalent to section member 150. Therefore, each selection member 350 (contact sensing element) is configured to generate an input signal responsive to that selection member 350 detecting contact with the upper surface of case 311 at one of the plurality of regions). Although only five contact sensing elements are displayed in the figures of Cho (Cho, [0099]-[0102], Fig. 5; Five selection members 350), providing greater than 10 contact sensing elements to generate greater than 10 input signals would only involve duplication of parts and positioning additional contact sensing elements on the upper surface of the housing.
While Cho does not explicitly teach the device wherein each of the n regions is separated from every other region of the n regions by at least 1 millimeter, the Courts have held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. See MPEP § 2144.04 IV A.
Regarding Claim 38, Cho in view of Liu, Hubbard, Leadley, and Rehders teaches the aerosol-generating system according to claim 21. Cho further teaches the system wherein the housing is button-free ([0010]-[0011], [0074], The suction device taught by Cho overcomes deficiencies of prior art suction devices which implement a button as the selection member. Suction device 110 may include a reset button, however a specific operation of selection member 150 can be used in the place of a reset button. Therefore, there are embodiments of the aerosol-generating system wherein the housing is button-free).
Regarding Claim 39, Cho, directed to aerosol generating devices ([0001]-[0003], [0041]; The electronic cigarette type suction device is configured to generate a vapor from a nicotine liquid for inhalation by a user. Electronic cigarettes are aerosol generating devices; see instant specification, pg 1, ln 9-11), teaches
a method of operating an aerosol-generating system comprising an aerosol-generating element ([0041]-[0043], [0047], [0053], [0098]-[0102], Figs. 1 and 5; Electronic cigarette type suction device 100 includes vaporizing member 123 (aerosol generating element), which vaporizes the liquid in liquid receiving member 122 to generate a vapor (aerosol). The suction device 100 of Fig. 1 and the liquid form an aerosol-generating system. Fig. 5 shows suction device 300, which is an alternate embodiment of the suction device of Fig. 1. Suction device 300 includes an equivalent vaporizing member 323. [0098]-[0102] describe a method of operating selection members 350 provided on the case 311 of suction device 300), the method comprising:
generating, by an interface element comprising a plurality of contact sensing elements, a plurality of input signals responsive to detecting contact with an upper surface of a housing at or near respective regions of the housing ([0044], [0051], [0054]-[0057], [0099]-[0102], Figs. 1 and 5; Suction device 300 includes case 311, which houses the internal components of suction device 300. Case 311 comprises an upper and lower surface as shown in Fig. 5. Five selection members 350 are provided on the upper surface, wherein each selection member corresponds to one of a plurality of regions. Selection members 350 may be implemented as capacitive, voltage, or pressure sensing elements configured to provide an interface to sense the contact of a user’s fingers. Suction device 100 includes selection member 150 and control element 114. Selection information input from selection member 150 is communicated to control element 114. It is reasonably understood that operation of selection member 150 generates an input signal which is received by control element 114. Suction device 300 includes an equivalent control element 314, wherein selection members 350 are equivalent to section member 150. Therefore, each selection member 350 (contact sensing element) generates an input signal responsive to that selection member 350 detecting contact with the upper surface of case 311 at one of the plurality of regions);
receiving, by a circuit, the plurality of input signals; and enabling, by the circuit, a first function of the aerosol-generating system responsive to the plurality of input signals satisfying a first criterion ([0051], [0054]-[0057], Figs. 1 and 5; Control element 114/314 comprises various circuits configured to receive the input signals from selection member(s) 150/350, and to enable operations of the suction device 100/300. The input signals reflect the satisfaction of a first criterion),
wherein the first criterion comprises the circuit receiving a predefined number of the input signals simultaneously ([0102], Figs. 5; Multiple selection members 350 may be selected at a single time to change an operation of the suction device 300. Therefore, the control element 314 (circuit) must receive a predefined number of input signals from the plurality of section members 350 simultaneously),
wherein the first criterion further comprises simultaneously receiving at least one input signal generated by a contact sensing element detecting contact with a first portion of the upper surface and at least one input signal generated by a contact sensing element detecting contact with a second portion of the upper surface ([0099]-[0102], Fig. 5; If multiple selection members 350 can be selected to satisfy the first criterion, it is reasonably understood that at least two input signals responsive to detecting contact with the upper surface of case 311 at a first and second region of the plurality of regions, respectively, are simultaneously received by the controller 314 of suction device 300. The regions can be regarded as separate portions of the upper surface),
but does not teach the method i) wherein satisfaction of the first criterion is part of an authentication procedure, ii) wherein the authentication procedure is a multi-step authentication procedure, and iii) wherein a first region and a second region are located on different surfaces of the housing, and iv) wherein the predefined number of the input signals received simultaneously corresponding to or used as an indicator of a size of a hand of the user, wherein a first region and a second region are configured to allow the aerosol-generating system to enable the first function only for the user with a hand of at least a predetermined size.
With respect to i), Liu, directed to aerosol generating devices ([0001], Electronic cigarettes are aerosol generating devices; see instant specification, pg 1, ln 9-11), teaches aerosol-generating system ([0007], The electronic cigarette comprises an atomizing component used for atomizing smoke oil to generate an aerosol. The electronic cigarette and the smoke oil form an aerosol-generating system), comprising:
an aerosol-generating element ([0007], The electronic cigarette comprises an atomizing component used for atomizing smoke oil to generate an aerosol);
an interface element comprising a plurality of contact sensing elements, wherein each contact sensing element corresponds to one of a plurality of regions ([0007]-[0011], [0033]-[0036], [0072], Fig. 1; The electronic cigarette comprises a plurality of touching keys used to unlock the electronic cigarette and switch the electronic cigarette to a working state. The touching keys are configured to sense the contact of a user. It is reasonably understood that each of the touching keys are located at one of a plurality of regions of the device in order to differentiate contact with each key),
the contact sensing elements being configured to generate an input signal responsive to that contact sensing element detecting contact with the plurality of regions ([0007]-[0011], [0033]-[0036], [0072], Fig. 1; Contact with the touching keys (contact sensing element) generates an unlocking signal responsive to the touching keys detecting a touching path with the plurality or regions); and
a circuit configured to receive the input signal from the plurality of contact sensing elements and to enable a first function of the aerosol-generating system responsive to a first plurality of the input signals satisfying a first criterion ([0007]-[0011], [0033]-[0036], [0071]-[0077], Figs. 1-3; Controlling module is configured to receive the unlocking signal from the touching keys, and enable the unlocking function of the electronic cigarette responsive to the unlocking signal satisfying a preset touching path (first criterion). Fig. 3 shows a circuit diagram implemented by the controlling module)
satisfaction of the first criterion being part of an authentication procedure ([0007], [0057], [0071]-[0075], Satisfaction of the preset touching path facilitates unlocking the electronic cigarette. The unlocking function is utilized to authenticate that the user of the electronic cigarette, and the prevent children from operating the electronic cigarette).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure satisfaction of the first criterion taught by Cho to be part of an authentication procedure as taught by Liu because Cho and Liu are directed to aerosol generating devices, Liu demonstrates that presetting a first criterion of user contact with a plurality of contact sensing elements can eliminate the possibility of a child accidentally puffing or triggering an aerosol generating system ([0007]-[0011], [0033]-[0036], [0057]), and this involves combining prior art elements according to known methods to yield predictable results.
Cho in view of Liu does not teach the method ii) wherein the authentication procedure is a multi-step authentication procedure, iii) wherein a first region and a second region are located on different surfaces of the housing, and iv) wherein the predefined number of the input signals received simultaneously corresponding to or used as an indicator of a size of a hand of the user, wherein a first region and a second region are configured to allow the aerosol-generating system to enable the first function only for the user with a hand of at least a predetermined size.
With respect to ii), Hubbard, directed to aerosol generating devices ([0002]), teaches aerosol-generating system ([0038], The aerosol delivery device is configured to generate an aerosol from an aerosol precursor composition. The device and the composition form an aerosol-generating system) comprising:
an aerosol-generating element ([0047], The aerosol delivery device comprises a heating element to generate the aerosol from the aerosol precursor composition);
a multi-step authentication procedure requiring satisfaction of a plurality of criterion ([0006]-[0012], [0034], Authentication of the device may involve an audio signal and a visual/optical signal).
It would have been obvious to one of ordinary skill in the art to configure the authentication procedure taught by Cho in view of Liu as a multi-step authentication procedure as taught by Hubbard because Cho, Liu, and Hubbard are directed to aerosol generating devices, the authentication procedures taught by Liu and Hubbard are used to prevent an underage user from accessing and using the aerosol generating system (Liu, [0057] and Hubbard, [0005], [0034]-[0037]), and Hubbard demonstrates that implementing multiple steps in the authentication procedure further ensures that an age-restricted user may not operate the system (Hubbard, [0034]-[0037]) and prevents instances of fraud (Hubbard, [0123]).
Cho in view of Liu and Hubbard does not teach the method iii) wherein a first region and a second region are located on different surfaces of the housing, and iv) wherein the predefined number of the input signals received simultaneously corresponding to or used as an indicator of a size of a hand of the user, wherein a first region and a second region are configured to allow the aerosol-generating system to enable the first function only for the user with a hand of at least a predetermined size.
With respect to iii), Leadley, directed to aerosol generating devices ([0002], Electronic cigarettes are aerosol generating devices; see instant specification, pg 1, ln 9-11), teaches an aerosol-generating system ([0070], [0074], [0077]-[0078], Figs. 3-4; E-cigarette 101 comprises heater 48. [0027]-[0030], [0070], Figs. 1-2; As heater 48 of Figs. 3-4 is analogous to heater 48 of the electronic cigarette 1 of Figs. 1-2, heater 48 of Figs. 3-4 configured to vaporize a liquid precursor material to generate an aerosol), comprising:
an aerosol-generating element ([0070], [0074], [0077]-[0078], Figs. 3-4; E-cigarette 101 comprises heater 48 (aerosol-generating element) configured to vaporize a liquid precursor material to generate an aerosol);
a housing comprising an upper surface, a lower surface, and a plurality of regions ([0070]-[0071], Figs. 3-4; E-cigarette 101 includes reusable part housing 112 which generally has a cuboidal shape. When oriented on its side, reusable part housing 112 includes an upper surface including first user input mechanism 114, and a lower surface include second user input mechanism 116. User input mechanisms 114, 116 define a plurality of regions located on the upper and lower surface);
an interface element comprising a plurality of contact sensing elements, wherein each contact sensing element corresponds to one of the plurality of regions ([0070]-[0071], [0081], Figs. 3-4; Each of the first and second user input mechanism 114, 116 is formed from a touch sensitive region, where the user can touch any part of the region in order to activate it. Each of the first and second user input mechanism 114, 116 corresponds to one of the plurality of regions),
wherein a first region and a second region are located on different surfaces of the housing ([0070]-[0071], [0081], Figs. 3-4; First user input mechanism 114 (corresponding to the first region) is located on the upper surface of reusable part housing 112, and second user input mechanism 116 is located on the lower surface of reusable part housing 112),
wherein the housing has a generally cuboidal shape ([0070]-[0071], Figs. 3-4; Reusable part housing 112 which generally has a cuboidal shape).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the housing of the aerosol-generating system taught by Cho in view of Liu and Hubbard having a generally cuboidal shape as taught by Leadley because Cho, Liu, Hubbard, and Leadley are directed to aerosol generating devices, changing the shape of the housing from cylindrical to cuboidal constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the aerosol-generating system Cho in view of Liu, Hubbard, and Leadley wherein a first region and a second region are located on different surfaces of the housing as taught by Leadley because Leadley demonstrates that the first and second regions are provided at ergonomically suitable positions on opposite sides of the aerosol-generating system such that a user can simultaneously hold the e-cigarette and operate both user input mechanisms in a convenient manner (Leadley, [0081]), and the teaching in Leadley would have motivated one to provide the first and second regions in the claimed configuration.
Cho in view of Liu and Hubbard does not teach the system iv) wherein the predefined number of the input signals received simultaneously corresponding to or used as an indicator of a size of a hand of the user, wherein a first region and a second region are configured to allow the aerosol-generating system to enable the first function only for the user with a hand of at least a predetermined size.
With respect to iv), Rehders, directed to aerosol generating devices ([0001]), teaches an aerosol-generating system ([0034]-[0045], Figs. 2-3; Tray 100 is configured to house e-cigarette 10 (an aerosol generating device). Therefore, tray 100 and e-cigarette 10 form an aerosol generating system), comprising:
a housing comprising a plurality of regions ([0034]-[0045], Figs. 2-3; Tray 100 is a thermoformed plastic container having an exterior surface defining a housing. Lateral surfaces 102, 103 for a plurality of regions);
a plurality of contact sensing elements, each contact sensing element being configured to generate an input responsive to that contact sensing element detecting contact with the one of the plurality of regions, wherein the plurality of inputs satisfy a first criterion, satisfaction of the first criterion being part of an authentication procedure ([0034]-[0045], Figs. 2-3; The separate lateral surfaces 102, 103 are spaced apart such that small childrens' hands are not able to press the two areas (lateral surfaces 102, 103) with the fingers of one hand at the same time. An adult capable of pressing the interaction elements (lateral surfaces 102, 103) with a single hand sufficiently strong can take out the e-cigarette with the fingers of the other hand while keeping the interaction elements (lateral surfaces 102, 103) pressed. Lateral surfaces 102, 103 are contact sensing elements, which when pressed simultaneously, cause inner portions 120 to lift to release e-cigarette 10. Therefore, lateral surfaces 102, 103 generate an input which satisfies an authentication procedure to allow an authorized user to access the e-cigarette 10),
the predefined number of the inputs received simultaneously corresponding to or used as an indicator of a size of a hand of the user, wherein a first region and a second region are located on different surfaces of the housing and are configured to allow the aerosol-generating system to enable the first function only for the user with a hand of at least a predetermined size ([0034]-[0045], Figs. 2-3; The separate lateral surfaces 102, 103 are spaced apart such that small childrens' hands are not able to press the two areas (lateral surfaces 102, 103) with the fingers of one hand at the same time. Lateral surfaces 102, 103 (first region and second region) are located on different surfaces of the housing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the method of Cho in view of Liu, Hubbard, and Leadley wherein the predefined number of the input signals received simultaneously corresponding to or used as an indicator of a size of a hand of the user, wherein a first region and a second region are configured to allow the aerosol-generating system to enable the first function only for the user with a hand of at least a predetermined size as taught by Rehders because Cho, Liu, Hubbard, Leadley, and Rehders are directed to aerosol generating devices, Rehders demonstrates that providing the first and second regions on separate surfaces of a housing enables a first function only for the user with a hand of at least a predetermined size prevents a user from inappropriately accessing the aerosol-generating system (Rehders, [0045]).
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Cho (KR 101214363 B1, Cited on the IDS dated 2/14/2022, English Translation provided by Examiner) in view of Liu (US 2017/0135400 A1), Hubbard (US 2020/0315260 A1), Leadley (US 2021/0093014 A1), and Rehders (US 2018/0251286 A1), and further in view of Freeman (US 2018/0295886 A1).
Regarding Claim 26, Cho in view of Liu, Hubbard, Leadley, and Rehders teaches the aerosol-generating system according to claim 21, but does not teach the system wherein at least one of the plurality of contact sensing elements comprises a heat sensing element.
Freeman, directed to aerosol generating devices ([0014], Fig. 1; Inhalation device 100 atomizes a substance to generate a vapor (an aerosol)), teaches an aerosol-generating system ([0014], Fig. 1; Inhalation device 100 atomizes a substance to generate a vapor (an aerosol). Inhalation device 100 and the substance form an aerosol-generating system), comprising:
an aerosol-generating element ([0014], Fig. 1; Inhalation device 100 comprises an atomizer for vaporizing the substance the generate the aerosol);
an interface element comprising a plurality of contact sensing elements ([0014]-[0017], Figs. 1-2; Inhalation device 100 comprises a button 108 which would unlock the device when pressed by a user. Inhalation device 200 shown in Fig. 2 includes buttons 202, 204, 206, 208, 210 to allow a user to enter a passcode to unlock the device. Any of the buttons can be implemented as contact sensing elements such as a pressure sensor, a touch sensor, or a heat sensor),
each contact sensing element being configured to communicate with a processor responsive to that contact sensing element detecting contact ([0014]-[0017], Figs. 1-2; Inhalation device 100 comprises a processor configured to unlock the device responsive to a correct passcode input on button 108. It is reasonably understood that inhalation device 200 includes a similar mechanism to unlock the device upon receipt of the correct passcode); and
a processor configured to receive the input from the plurality of contact sensing elements and to enable a first function of the aerosol-generating system responsive to the input satisfying a first criterion ([0014]-[0017], Figs. 1-2; Inhalation device 100 comprises a processor configured to unlock the device responsive to a correct passcode input on button 108. It is reasonably understood that inhalation device 200 includes a similar mechanism to unlock the device upon receipt of the correct passcode. The correct passcode is the first criterion which must be satisfied in order to unlock the device (first function)),
satisfaction of the first criterion being part of an authentication procedure ([0014]-[0017], Figs. 1-2; Input of the correct passcode facilitates unlocking inhalation device 200, which authenticates the identity of the device user),
wherein at least one of the plurality of contact sensing elements comprises a heat sensing element ([0014]-[0017], Figs. 1-2; Inhalation device 100 comprises a button 108 which would unlock the device when pressed by a user. Inhalation device 200 shown in Fig. 2 includes buttons 202, 204, 206, 208, 210 to allow a user to enter a passcode to unlock the device. Any of the buttons can be implemented as contact sensing elements such as a pressure sensor, a touch sensor, or a heat sensor).
It would have been obvious to one of ordinary skill in the art before the effective filing date to provide a heat sensing element as at least one of the plurality of contact sensing elements because Cho, Liu, Hubbard, Leadley, Rehders, and Freeman are directed to aerosol generating devices, Cho states that at least one of the contact sensing elements may be a pressure sensing element (Cho, [0102], Selection members 350 may sense a degree of pressure applied), Freeman demonstrates that heat sensing elements and pressure sensing elements are equivalent elements which can detect contact from a user (Freeman, [0017]), and this involves combining prior art elements according to known methods to yield predictable results.
Conclusion
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/J.M.M./
Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755