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 § 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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-9 is/are rejected under 35 U.S.C. 102(a)(1) 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 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 [0078-79];
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 4/6/2026 have been fully considered but they are not persuasive.
Applicant essentially argues that the “BRAD profile” at [0050] of Dagnello does not disclose data relating to the current physical state of user as recited in amended claim 1. The new ground of rejection points out the disclosure of Dagnello wherein the current physical state of user can be obtained via physiological sensors [0078-0079]. Therefore, the disclosure of Dagnello meets this feature of the amended claim 1.
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.
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.
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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.
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/PHU H NGUYEN/Examiner, Art Unit 1747
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