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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 8/25/2026 has been entered.
Claim Rejections - 35 USC § 102
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Dagnello et al. (WO 2018098371).
Regarding claim 1, Dagnello discloses a computing device for use with an aerosol provision system configured to generate aerosol from an aerosol generating material for user inhalation (see fig. 1), the computing device configured to:
obtain a first data set, the first data set including data relating to one or more aspects of usage of the aerosol provision system, wherein the usage of the aerosol provision system relates to delivering vapor to the user ([0051] and Abstract);
obtain one or more further data sets via physiological sensors, each further data set including variable data associated with the user of the aerosol provision system and not relating to usage of the aerosol provision system; wherein the data relating to the current physical state of the user [0078-0079];
identify a correspondence between the one or more aspects of usage in the first data set and one or more respective characteristic features of at least one of the one or more further data sets [0075] ; and
in response to a circumstance having a feature similar to a respective characteristic feature in the at least one further data set, adjust one or more operational parameters of the aerosol provision system responsive to the corresponding aspect of usage of the aerosol provision system indicated in the first data set which corresponds to the respective characteristic feature in the further data set ([0007-0008], [0010-0012], [0091] and [0107-0108]).
Regarding claim 3, Dagnello discloses the computing device is configured to:
identify a correspondence between usage in the first data set and one or more respective types of feature of each further data set; and in response to a circumstance having a feature of the respective type identified in at least one further data set, adjust the operational parameters of the aerosol provision system responsive to the corresponding type of event in the first data set [0012] and [0107-0108] .
Regarding claim 4, Dagnello discloses at least one further data set of the one or more further data sets [0075] relates to one selected from the list consisting of:
i. an environmental condition; and
ii. a user interaction with a website.
Regarding claim 5, Dagnello discloses each further data set does not relate to a physiological aspect of the user ([0077] and [0082]).
Regarding claim 6, Dagnello discloses the first data set [0068] relates to one or more selected from the list consisting of:
i. an inhalation profile of the user; and
ii. an amount of inhaled aerosol.
Regarding claim 7, Dagnello discloses the identified correspondence between usage in the first data set and one or more respective characteristic features of at least one of the one or more further data sets is a correspondence in time [0007], [0011] and [0075].
Regarding claim 8, Dagnello discloses operational parameters are adjusted in anticipation of the corresponding usage [0007], [0011] and [0075].
Regarding claim 9, Dagnello discloses operational parameters are adjusted at a predetermined variance to the corresponding usage [0007], [0011] and [0075].
Response to Arguments
Applicant's arguments filed 8/25/2026 have been fully considered but they are not persuasive.
Applicant essentially argues the amended claim 1 is distinguished from Dagnello because Dagnello does not appear to teach or suggest, at least, the particular claimed recitation of “…obtain one or more further data sets, each further data set including variable data associated with the user of the aerosol provision system and not relating to the usage of the aerosol provision system”. Applicant further notes that Dagnello fails to disclose a futher data set comprising variable data relating to the current physical state of the user. This argument is not persuasive because Dagnello discloses obtain one or more further data sets via physiological sensors, each further data set including variable data associated with the user of the aerosol provision system and not relating to usage of the aerosol provision system; wherein the data relating to the current physical state of the user [0078-0079]; Dagnello provides example of data such as heart rate, pupil dilation (corresponding to the claimed variable data associated with the user of the aerosol provision system).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 5712703882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PHU H NGUYEN/Examiner, Art Unit 1747
Prosecution Insights