DETAILED ACTION
Claims 1-14 are presented for examination. This office action is response to the submission on 4/29/2022.
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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 4/29/2022, 11/12/2024, and 6/10/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings filed on 4/29/2022 are acceptable for examination proceedings.
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.
Claims 1, 3-7, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Peleg et al. (US20130284192A1), in view of Deck et al. (US20140341209A1).
Claim 1:
Peleg teaches “An aerosol generation device comprising: an internal clock;” (Peleg teaches a controller 1102 for an e-Cig which has a clock 1302 in Peleg [0073] "FIG. 13 is a diagram illustrating exemplary controller 1102 components. As discussed, the controller for the e-Cig is enhanced with additional capabilities including communication abilities. FIG. 13 illustrates exemplary components that may be a part of the controller 1102 or may be separate components coupled with the controller 1102. A clock 1302 may be used for enhancing the controller of the e-Cig to be able to control parameters of any sub-unit. For example, an initial inhalation (starting a puff) may start the clock 1302 which is then used for measuring puff length and other usage patterns. The clock 1302 may enable a reliable report about the puffs made by the user which can then provide measurements of puff duration and intensity (rate per unit of time)."
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“a communication interface;” (Peleg teaches that the e-Cig 1101 may include a communications interface 1104 in Peleg [0071] "FIG. 11 is another exemplary e-Cig 1101. The e-Cig 1101 illustrates an organization of the components that were previously discussed. The e-Cig 1101 may include a controller 1102, a communications interface 1104, a heating element 1106, and an LED 1108."
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“and a controller configured to: record one or more events and apply one or more internal timestamps respectively to the one or more events, the one or more initial timestamps relative to an initial internal time point;” (Peleg teaches a controller 1102 for an e-Cig which has a clock 1302 in Peleg [0073] "FIG. 13 is a diagram illustrating exemplary controller 1102 components. As discussed, the controller for the e-Cig is enhanced with additional capabilities including communication abilities. FIG. 13 illustrates exemplary components that may be a part of the controller 1102 or may be separate components coupled with the controller 1102. A clock 1302 may be used for enhancing the controller of the e-Cig to be able to control parameters of any sub-unit. For example, an initial inhalation (starting a puff) may start the clock 1302 which is then used for measuring puff length and other usage patterns. The clock 1302 may enable a reliable report about the puffs made by the user which can then provide measurements of puff duration and intensity (rate per unit of time)."; Peleg teaches that the clock 1302 may provide a time stamp for every puff i.e. event, which would inherently be relative to the initial internal time point in Peleg [0073] "The clock 1302 may provide a “time stamp” for every puff. These “time stamps” will be kept in memory of the e-Cig or smartphone and may be sent to the e-Cig server and database for storage."; Peleg teaches that the memory may store usage parameters of a single puff i.e. event in Peleg [0079] "The memory may store usage parameters (e.g. smoking length, frequency, puff length, droplet size, airflow, temperature, etc.) that may be monitored and controlled. The memory may be large enough to hold all information about a single puff, including time, duration and power consumption data. In addition it may include data about the temperature, power consumption and any other parameter from any sub-unit of the e-Cig."),
“receive, by the communication interface, a present external time point;” (Peleg teaches that the clock 1302 may be synchronized when communication with a smartphone starts, which would require receiving an external timepoint in Peleg [0073] "A clock 1302 may be used for enhancing the controller of the e-Cig to be able to control parameters of any sub-unit. For example, an initial inhalation (starting a puff) may start the clock 1302 which is then used for measuring puff length and other usage patterns. The clock 1302 may enable a reliable report about the puffs made by the user which can then provide measurements of puff duration and intensity (rate per unit of time). This may be further usage pattern information that may enable more accurate social connections and targeted marketing. For example if the rate of puffs is increased there may be a situation where a nicotine craving is close and some parameters in e-Cig have to be changed. The clock 1302 may be synchronized with the smartphone when communication starts."), and
“update the internal clock from a present internal time point, relative to the initial internal time point, to the present external time point;” (Peleg teaches that the clock 1302 may be synchronized when communication with a smartphone starts, which would update the clock 1302 to the timepoint received from the smartphone in Peleg [0073] "The clock 1302 may be synchronized with the smartphone when communication starts.”).
Peleg does not appear to explicitly disclose “determine an activation time point, wherein the activation time point is determined as the difference between the present external time point and the present internal time point;”, “and adjust the one or more internal timestamps respectively to one or more external timestamps based upon the difference between the present internal time point and the present external time point;”, or “wherein the controller is configured to adjust a first internal timestamp of the one or more internal timestamps respectively to a first external timestamp of the one or more external timestamps by: determining a difference between the first internal timestamp and the initial internal time point; and adding the difference between the first internal time-stamp and the initial internal time point to the activation time point.” However, Deck does teach these claim limitations.
Deck teaches “determine an activation time point, wherein the activation time point is determined as the difference between the present external time point and the present internal time point;” (Deck teaches calculating the time offset between the local clock time tl i.e. present internal time point and actual time tg i.e. present external time point in Deck [0072] "According to another exemplary embodiment of the disclosure, the method includes the steps of calculating an time offset between the local clock time tl and the actual time tg and recalibrating the timestamps tts by changing a difference between a recalibrated timestamp time tts,r and a timestamp time tts proportional to a difference between the actual time tg and the local clock time tl."),
“and adjust the one or more internal timestamps respectively to one or more external timestamps based upon the difference between the present internal time point and the present external time point;” (Deck teaches recalibrating timestamps proportional to the difference between actual time tg and local time tl in Deck [0072] "According to another exemplary embodiment of the disclosure, the method includes the steps of calculating an time offset between the local clock time tl and the actual time tg and recalibrating the timestamps tts by changing a difference between a recalibrated timestamp time tts,r and a timestamp time tts proportional to a difference between the actual time tg and the local clock time tl."), and
“wherein the controller is configured to adjust a first internal timestamp of the one or more internal timestamps respectively to a first external timestamp of the one or more external timestamps by: determining a difference between the first internal timestamp and the initial internal time point; and adding the difference between the first internal time-stamp and the initial internal time point to the activation time point.” (Deck teaches recalibrating timestamps proportional to the difference between actual time tg and local time tl i.e. the difference between tg and tl is the activation time point. The adjustment of timestamps would inherently include determining the difference between the timestamp and the initial internal time point in Deck [0072] "According to another exemplary embodiment of the disclosure, the method includes the steps of calculating an time offset between the local clock time tl and the actual time tg and recalibrating the timestamps tts by changing a difference between a recalibrated timestamp time tts,r and a timestamp time tts proportional to a difference between the actual time tg and the local clock time tl.").
Peleg and Deck are analogous art because they are from the same field of endeavor of time correction. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having teachings of Peleg and Deck before him/her, to modify the teachings of an Electronic cigarette with communication enhancements of Peleg to include the calculation of time offset and adjustment of timestamps of Deck because adding the Updating data of a controller of a primary device of a power substation of Deck would allow for clock correction without a time server as described in Deck [0074] “With the exemplary methods disclosed herein, it can be possible to calculate the actual inaccuracy of the real time clock 25. The clock 25 can be matched to the clock 36 by reading the local time and by comparing it with the actual time of the clock 36. Transmission delays can be neglected. By knowing the inaccuracy, and at the time of the upload of diagnostic data this can be a simple offset, the timestamps of for example uploaded fault records and events can be recalibrated to this offset. Through this, it can be possible to compare fault records from other controllers and primary devices, without a (permanently connected) time server 40.”
Claim 3:
Peleg in view of Deck teaches “The aerosol generation device of claim 1, wherein the controller is configured to receive the present external time point, by the communication interface, from an application executed on an electronic device in communication with the aerosol generation device.” (Peleg teaches that the clock 1302 may be synchronized when communication with a smartphone starts, which would require receiving an external timepoint in Peleg [0073] "The clock 1302 may be synchronized with the smartphone when communication starts.”; Peleg teaches an app provided by the smartphone 702 for interacting with the e-cig 701 i.e. the app on the smartphone would provide the synchronization in Peleg [0052] "The application (“app”) that is provided by the smartphone 702 for interacting with the e-Cig 701 may include a variety of interfaces. In one embodiment, the app may include a rendering of the e-Cig that may illustrate the components of the e-Cig. The status of those components may be displayed on the app interface (e.g. battery level, e-Liquid level, LED color etc.). Accordingly, the app may be used for checking on the functionality of the e-Cig.").
Claim 4:
Peleg in view of Deck teaches “The aerosol generation device of claim 3, wherein the controller is configured to update the internal clock to the present external time point when the aerosol generation device first connects to the electronic device.” (Peleg teaches that the clock 1302 may be synchronized when communication with a smartphone starts i.e. when the smartphone first communicates with the e-cig in Peleg [0073] "The clock 1302 may be synchronized with the smartphone when communication starts.").
Claim 5:
Peleg in view of Deck teaches “The aerosol generation device of claim 3, wherein the present external time point comprises a present clock time of the electronic device.” (Peleg teaches that the clock 1302 may be synchronized when communication with a smartphone starts i.e. the present clock time of the smart phone is the external time point in Peleg [0073] "The clock 1302 may be synchronized with the smartphone when communication starts.").
Claim 6:
Peleg in view of Deck teaches “The aerosol generation device of claim 3, wherein the communication interface is a Bluetooth interface,” (Peleg teaches that the communication interface may be Bluetooth in Peleg [0072] "FIG. 12 is a diagram illustrating communications interface 1104 examples. The e-Cig 1101 may communicate through a communications interface 1104 using near field communication (“NFC”) 1202, radio frequency identification (“RFID”) 1204, Wi-Fi 1206 (e.g. Wi-Fi Direct), Bluetooth 1208, and/or ZigBee. The communications interface 1104 may be implemented through a small-size communication chip embedded on the e-Cig."), and
“and the controller is configured to receive the present external time point by a Bluetooth connection to the electronic device using the Bluetooth interface.” (Peleg teaches that the clock 1302 may be synchronized when communication with a smartphone starts i.e the e-cig may communicate via Bluetooth in Peleg [0073] "The clock 1302 may be synchronized with the smartphone when communication starts.").
Claim 7:
Peleg in view of Deck teaches “The aerosol generation device of claim 1, wherein the controller is configured to update the internal clock by writing the present external time point to the internal clock of the aerosol generation device.” (Peleg teaches that the clock 1302 may be synchronized when communication with a smartphone starts i.e. the external time that was communicated to the e-cig will be written to the internal clock 1302 time in Peleg [0073] "The clock 1302 may be synchronized with the smartphone when communication starts.").
Claim 12:
Peleg in view of Deck teaches “The aerosol generation device of claim 1, wherein the one or more events comprise data relating to an inhalation on the aerosol generation device.” (Peleg teaches that the reports about the puffs can provide measurements of puff duration and intensity i.e. data relating to an inhalation on the aerosol generation device in Peleg [0073] "The clock 1302 may enable a reliable report about the puffs made by the user which can then provide measurements of puff duration and intensity (rate per unit of time). This may be further usage pattern information that may enable more accurate social connections and targeted marketing. For example if the rate of puffs is increased there may be a situation where a nicotine craving is close and some parameters in e-Cig have to be changed. The clock 1302 may be synchronized with the smartphone when communication starts. The clock 1302 may provide a “time stamp” for every puff. These “time stamps” will be kept in memory of the e-Cig or smartphone and may be sent to the e-Cig server and database for storage.").
Claim 13:
Peleg teaches “An aerosol generation device internal clock adjustment method, the method comprising: recording one or more events and applying one or more internal timestamps respectively to the one or more events, the one or more initial timestamps relative to an initial internal time point;” (Peleg teaches a controller 1102 for an e-Cig which has a clock 1302 in Peleg [0073] "FIG. 13 is a diagram illustrating exemplary controller 1102 components. As discussed, the controller for the e-Cig is enhanced with additional capabilities including communication abilities. FIG. 13 illustrates exemplary components that may be a part of the controller 1102 or may be separate components coupled with the controller 1102. A clock 1302 may be used for enhancing the controller of the e-Cig to be able to control parameters of any sub-unit. For example, an initial inhalation (starting a puff) may start the clock 1302 which is then used for measuring puff length and other usage patterns. The clock 1302 may enable a reliable report about the puffs made by the user which can then provide measurements of puff duration and intensity (rate per unit of time)."; Peleg teaches that the clock 1302 may provide a time stamp for every puff i.e. event, which would inherently be relative to the initial internal time point in Peleg [0073] "The clock 1302 may provide a “time stamp” for every puff. These “time stamps” will be kept in memory of the e-Cig or smartphone and may be sent to the e-Cig server and database for storage."; Peleg teaches that the memory may store usage parameters of a single puff i.e. event in Peleg [0079] "The memory may store usage parameters (e.g. smoking length, frequency, puff length, droplet size, airflow, temperature, etc.) that may be monitored and controlled. The memory may be large enough to hold all information about a single puff, including time, duration and power consumption data. In addition it may include data about the temperature, power consumption and any other parameter from any sub-unit of the e-Cig."),
“receiving a present external time point;” (Peleg teaches that the clock 1302 may be synchronized when communication with a smartphone starts, which would require receiving an external timepoint in Peleg [0073] "A clock 1302 may be used for enhancing the controller of the e-Cig to be able to control parameters of any sub-unit. For example, an initial inhalation (starting a puff) may start the clock 1302 which is then used for measuring puff length and other usage patterns. The clock 1302 may enable a reliable report about the puffs made by the user which can then provide measurements of puff duration and intensity (rate per unit of time). This may be further usage pattern information that may enable more accurate social connections and targeted marketing. For example if the rate of puffs is increased there may be a situation where a nicotine craving is close and some parameters in e-Cig have to be changed. The clock 1302 may be synchronized with the smartphone when communication starts."), and
“updating an internal clock of an aerosol generation device from the present internal time point, relative to the initial internal time point, to the present external time point;” (Peleg teaches that the clock 1302 may be synchronized when communication with a smartphone starts, which would update the clock 1302 to the timepoint received from the smartphone in Peleg [0073] "The clock 1302 may be synchronized with the smartphone when communication starts.”).
Peleg does not appear to explicitly disclose “determining an activation time point, wherein the activation time point is determined as a difference between the present external time point and a present internal time point;”, “and adjusting the one or more internal timestamps respectively to one or more external timestamps based upon the difference between the present internal time point and the present external time point;”, or “wherein adjusting a first internal timestamp of the one or more internal timestamps respectively to a first external timestamp of the one or more external timestamps comprises: determining a difference between the first internal timestamp and the initial internal time point; and adding the difference between the first internal time-stamp and the initial internal time point to the activation time point.” However, Deck does teach these claim limitations.
Deck teaches “determining an activation time point, wherein the activation time point is determined as a difference between the present external time point and a present internal time point;” (Deck teaches calculating the time offset between the local clock time tl i.e. present internal time point and actual time tg i.e. present external time point in Deck [0072] "According to another exemplary embodiment of the disclosure, the method includes the steps of calculating an time offset between the local clock time tl and the actual time tg and recalibrating the timestamps tts by changing a difference between a recalibrated timestamp time tts,r and a timestamp time tts proportional to a difference between the actual time tg and the local clock time tl."),
“and adjusting the one or more internal timestamps respectively to one or more external timestamps based upon the difference between the present internal time point and the present external time point;” (Deck teaches recalibrating timestamps proportional to the difference between actual time tg and local time tl in Deck [0072] "According to another exemplary embodiment of the disclosure, the method includes the steps of calculating an time offset between the local clock time tl and the actual time tg and recalibrating the timestamps tts by changing a difference between a recalibrated timestamp time tts,r and a timestamp time tts proportional to a difference between the actual time tg and the local clock time tl."), and
“wherein adjusting a first internal timestamp of the one or more internal timestamps respectively to a first external timestamp of the one or more external timestamps comprises: determining a difference between the first internal timestamp and the initial internal time point; and adding the difference between the first internal time-stamp and the initial internal time point to the activation time point.” (Deck teaches recalibrating timestamps proportional to the difference between actual time tg and local time tl i.e. the difference between tg and tl is the activation time point. The adjustment of timestamps would inherently include determining the difference between the timestamp and the initial internal time point in Deck [0072] "According to another exemplary embodiment of the disclosure, the method includes the steps of calculating an time offset between the local clock time tl and the actual time tg and recalibrating the timestamps tts by changing a difference between a recalibrated timestamp time tts,r and a timestamp time tts proportional to a difference between the actual time tg and the local clock time tl.").
Peleg and Deck are analogous art because they are from the same field of endeavor of time correction. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having teachings of Peleg and Deck before him/her, to modify the teachings of an Electronic cigarette with communication enhancements of Peleg to include the calculation of time offset and adjustment of timestamps of Deck because adding the Updating data of a controller of a primary device of a power substation of Deck would allow for clock correction without a time server as described in Deck [0074] “With the exemplary methods disclosed herein, it can be possible to calculate the actual inaccuracy of the real time clock 25. The clock 25 can be matched to the clock 36 by reading the local time and by comparing it with the actual time of the clock 36. Transmission delays can be neglected. By knowing the inaccuracy, and at the time of the upload of diagnostic data this can be a simple offset, the timestamps of for example uploaded fault records and events can be recalibrated to this offset. Through this, it can be possible to compare fault records from other controllers and primary devices, without a (permanently connected) time server 40.”
Claim 14:
Peleg teaches “A non-transitory computer-readable medium storing instructions that, when executed by one or more processors, cause the one or more processors to carry out the steps of: recording one or more events and applying one or more internal timestamps respectively to the one or more events, the one or more initial timestamps relative to an initial internal time point;” (Peleg teaches that the functions disclosed may be performed by a controller 720 executing software stored on memory in Peleg [0045] "The functions, acts or tasks illustrated in the figures or described herein may be performed by the programmed processor executing the instructions stored in the memory 718… The controller 720 is configured to execute the software 716. The software 716 may include instructions for analyzing, monitoring, and tracking e-Cig 701 data and communicating with the smartphone 702. The present disclosure contemplates a computer-readable medium that includes instructions or receives and executes instructions responsive to a propagated signal, so that a device connected to a network can communicate voice, video, audio, images, location, GPS information, accelerometer data, environmental sensors or any other data over a network."; Peleg teaches a controller 1102 for an e-Cig which has a clock 1302 in Peleg [0073] "FIG. 13 is a diagram illustrating exemplary controller 1102 components. As discussed, the controller for the e-Cig is enhanced with additional capabilities including communication abilities. FIG. 13 illustrates exemplary components that may be a part of the controller 1102 or may be separate components coupled with the controller 1102. A clock 1302 may be used for enhancing the controller of the e-Cig to be able to control parameters of any sub-unit. For example, an initial inhalation (starting a puff) may start the clock 1302 which is then used for measuring puff length and other usage patterns. The clock 1302 may enable a reliable report about the puffs made by the user which can then provide measurements of puff duration and intensity (rate per unit of time)."; Peleg teaches that the clock 1302 may provide a time stamp for every puff i.e. event, which would inherently be relative to the initial internal time point in Peleg [0073] "The clock 1302 may provide a “time stamp” for every puff. These “time stamps” will be kept in memory of the e-Cig or smartphone and may be sent to the e-Cig server and database for storage."; Peleg teaches that the memory may store usage parameters of a single puff i.e. event in Peleg [0079] "The memory may store usage parameters (e.g. smoking length, frequency, puff length, droplet size, airflow, temperature, etc.) that may be monitored and controlled. The memory may be large enough to hold all information about a single puff, including time, duration and power consumption data. In addition it may include data about the temperature, power consumption and any other parameter from any sub-unit of the e-Cig."),
“receiving a present external time point;” (Peleg teaches that the clock 1302 may be synchronized when communication with a smartphone starts, which would require receiving an external timepoint in Peleg [0073] "A clock 1302 may be used for enhancing the controller of the e-Cig to be able to control parameters of any sub-unit. For example, an initial inhalation (starting a puff) may start the clock 1302 which is then used for measuring puff length and other usage patterns. The clock 1302 may enable a reliable report about the puffs made by the user which can then provide measurements of puff duration and intensity (rate per unit of time). This may be further usage pattern information that may enable more accurate social connections and targeted marketing. For example if the rate of puffs is increased there may be a situation where a nicotine craving is close and some parameters in e-Cig have to be changed. The clock 1302 may be synchronized with the smartphone when communication starts."), and
“updating an internal clock of an aerosol generation device from the present internal time point, relative to the initial internal time point, to the present external time point;” (Peleg teaches that the clock 1302 may be synchronized when communication with a smartphone starts, which would update the clock 1302 to the timepoint received from the smartphone in Peleg [0073] "The clock 1302 may be synchronized with the smartphone when communication starts.”).
Peleg does not appear to explicitly disclose “determining an activation time point, wherein the activation time point is determined as a difference between the present external time point and a present internal time point;”, “and adjusting the one or more internal timestamps respectively to one or more external timestamps based upon the difference between the present internal time point and the present external time point;”, or “wherein adjusting a first internal timestamp of the one or more internal timestamps respectively to a first external timestamp of the one or more external timestamps comprises: determining a difference between the first internal timestamp and the initial internal time point; and adding the difference between the first internal time-stamp and the initial internal time point to the activation time point.” However, Deck does teach these claim limitations.
Deck teaches “determining an activation time point, wherein the activation time point is determined as a difference between the present external time point and a present internal time point;” (Deck teaches calculating the time offset between the local clock time tl i.e. present internal time point and actual time tg i.e. present external time point in Deck [0072] "According to another exemplary embodiment of the disclosure, the method includes the steps of calculating an time offset between the local clock time tl and the actual time tg and recalibrating the timestamps tts by changing a difference between a recalibrated timestamp time tts,r and a timestamp time tts proportional to a difference between the actual time tg and the local clock time tl."),
“and adjusting the one or more internal timestamps respectively to one or more external timestamps based upon the difference between the present internal time point and the present external time point;” (Deck teaches recalibrating timestamps proportional to the difference between actual time tg and local time tl in Deck [0072] "According to another exemplary embodiment of the disclosure, the method includes the steps of calculating an time offset between the local clock time tl and the actual time tg and recalibrating the timestamps tts by changing a difference between a recalibrated timestamp time tts,r and a timestamp time tts proportional to a difference between the actual time tg and the local clock time tl."), and
“wherein adjusting a first internal timestamp of the one or more internal timestamps respectively to a first external timestamp of the one or more external timestamps comprises: determining a difference between the first internal timestamp and the initial internal time point; and adding the difference between the first internal time-stamp and the initial internal time point to the activation time point.” (Deck teaches recalibrating timestamps proportional to the difference between actual time tg and local time tl i.e. the difference between tg and tl is the activation time point. The adjustment of timestamps would inherently include determining the difference between the timestamp and the initial internal time point in Deck [0072] "According to another exemplary embodiment of the disclosure, the method includes the steps of calculating an time offset between the local clock time tl and the actual time tg and recalibrating the timestamps tts by changing a difference between a recalibrated timestamp time tts,r and a timestamp time tts proportional to a difference between the actual time tg and the local clock time tl.").
Peleg and Deck are analogous art because they are from the same field of endeavor of time correction. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having teachings of Peleg and Deck before him/her, to modify the teachings of an Electronic cigarette with communication enhancements of Peleg to include the calculation of time offset and adjustment of timestamps of Deck because adding the Updating data of a controller of a primary device of a power substation of Deck would allow for clock correction without a time server as described in Deck [0074] “With the exemplary methods disclosed herein, it can be possible to calculate the actual inaccuracy of the real time clock 25. The clock 25 can be matched to the clock 36 by reading the local time and by comparing it with the actual time of the clock 36. Transmission delays can be neglected. By knowing the inaccuracy, and at the time of the upload of diagnostic data this can be a simple offset, the timestamps of for example uploaded fault records and events can be recalibrated to this offset. Through this, it can be possible to compare fault records from other controllers and primary devices, without a (permanently connected) time server 40.”
Claims 2 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Peleg et al. (US20130284192A1), in view of Deck et al. (US20140341209A1), further in view of Oliveras et al. (US20180140786A1).
Claim 2:
Peleg in view of Deck, teaches “The aerosol generation device of claim 1,” as described above. Peleg in view of Deck does not appear to explicitly teach “wherein the controller is further configured to start the internal clock from the initial internal time point in response to determining that the aerosol generation device has exited a low power state.” However, Oliveras does teach this claim limitation (Oliveras teaches that an electronics module 120 may start its internal clock when the electronics module 120 first exits the off state i.e. it has exited a low power state in Oliveras [0046] "The system off state may be the initial state of the electronics module 120 after the inhalation device 100 is assembled or manufactured. Thus, the electronics module 120 may be in a system off state prior to the device 100 being delivered to the user and/or prior to the mouthpiece cover 108 being opened for a first time (e.g., before the first use of the inhalation device 100 by the user). In addition, once the mouthpiece cover 108 has been opened for the first time, the electronics module 120 may not return to the system off state thereafter. In some examples, the controller may start its internal clock (e.g., an internal counter) when the electronics module 120 first exits the off state, and any timestamp data generated by the electronics module 120 may be a relative time based on internal clock of the controller. Accordingly, the internal clock may act as a counter that starts when the electronics module 120 exits the off state.").
Peleg and Deck are analogous art because they are from the same field of endeavor of time correction. Peleg and Oliveras are analogous art because they are from the same field of endeavor of electronic control of aerosol delivery. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having teachings of Peleg, Deck, and Oliveras before him/her, to modify the teachings of an Electronic cigarette with communication enhancements of Peleg modified to include the Updating data of a controller of a primary device of a power substation of Deck to include the controller starting its internal clock when the electronics module exits the off state of Oliveras because adding the drug delivery device with electronics of Oliveras would allow for a platform to leverage powerful data analytics as described in Oliveras [0006] “A drug delivery device may be adapted to include an electronics module that is configured to sense, track, and/or process usage conditions and parameters associated with the device (e.g., to improve adherence and compliance). The electronics module may be further configured to communicate the conditions and parameters to external devices, such as a smartphone, for similar and/or further processing. The inclusion of an electronics module in a drug delivery device opens the doors to a wealth of digital improvements and features to enhance the use of the device. The electronics module, in this context, may create a platform to leverage helpful smartphone applications and powerful data analytics. However, the introduction of electronics into any drug delivery device may introduce certain technical challenges, such as durability, reliability, electro-mechanical integration, power management, and drug delivery performance. The present disclosure provides solutions for inclusion of certain electrical components with a drug delivery device, such as an inhaler.”
Claim 8:
Peleg in view of Deck, further in view of Oliveras teaches “The aerosol generation device of claim 2, wherein the low power state is a power state in which a portion of operating circuitry used by the aerosol generation device in a fully operational state is disabled.” (Oliveras teaches that an electronics module 120's off state is characterized by very little or no power consumption i.e. a portion of the operating circuitry is disabled in Oliveras [0044] "The electronics module 120 may have a plurality of power states, each with respective power consumption levels. For example, the electronics module 120 may be configured to operate in a system off state, a sleep state, and/or an active state. The system off state may be characterized by very little or no power consumption, while the sleep state may be characterized by greater power consumption than the off state, and the active state may be characterized by greater power consumption than the sleep state.").
Claim 9:
Peleg in view of Deck, further in view of Oliveras teaches “The aerosol generation device of claim 2, wherein the internal clock of the aerosol generation device is disabled prior to exiting the low power state.” (Oliveras teaches that an electronics module 120 may start its internal clock when the electronics module 120 first exits the off state i.e. the clock was previously disabled in Oliveras [0046] "The system off state may be the initial state of the electronics module 120 after the inhalation device 100 is assembled or manufactured. Thus, the electronics module 120 may be in a system off state prior to the device 100 being delivered to the user and/or prior to the mouthpiece cover 108 being opened for a first time (e.g., before the first use of the inhalation device 100 by the user). In addition, once the mouthpiece cover 108 has been opened for the first time, the electronics module 120 may not return to the system off state thereafter. In some examples, the controller may start its internal clock (e.g., an internal counter) when the electronics module 120 first exits the off state, and any timestamp data generated by the electronics module 120 may be a relative time based on internal clock of the controller. Accordingly, the internal clock may act as a counter that starts when the electronics module 120 exits the off state.").
Claim 10:
Peleg in view of Deck, further in view of Oliveras teaches “The aerosol generation device of claim 2, wherein the low power state is configured for shipping and/or storage of the aerosol generation device.” (Oliveras teaches that the e-cig may be in the off state after manufacturing and during delivery in Oliveras [0046] "The system off state may be the initial state of the electronics module 120 after the inhalation device 100 is assembled or manufactured. Thus, the electronics module 120 may be in a system off state prior to the device 100 being delivered to the user and/or prior to the mouthpiece cover 108 being opened for a first time (e.g., before the first use of the inhalation device 100 by the user).").
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Peleg et al. (US20130284192A1), in view of Deck et al. (US20140341209A1), further in view of Ghofrani et al. (US20150024355A1).
Claim 11:
Peleg in view of Deck teaches “The aerosol generation device of claim 1,” as described above. Peleg in view of Deck does not appear to explicitly teach “wherein the initial internal time point, the present internal time point and the one or more internal timestamps are epoch times relative to a reference point internal to the aerosol generation device,” However, Ghofrani does teach this claim limitation (Ghofrani teaches that the records of smoking events may be carried out by a UNIX time stamp i.e. epoch time relative to a reference point internal to the aerosol generation device in Ghofrani [0017] "The lighter records a smoking event, along with smoking event data such as the date and time of the smoking event. This may be carried out by a UNIX timestamp or other method known in the art."), and
“and the present external time point and the one or more external timestamps are epoch times relative to a reference point external to the aerosol generation device.” (Ghofrani teaches that the records of smoking events may be carried out by a UNIX time stamp i.e. epoch time relative to a reference point internal to the aerosol generation device. In order for the external timestamp to be understandable to the controller, it would be in the same format in Ghofrani [0017] "The lighter records a smoking event, along with smoking event data such as the date and time of the smoking event. This may be carried out by a UNIX timestamp or other method known in the art.").
Peleg and Deck are analogous art because they are from the same field of endeavor of time correction. Peleg and Ghofrani are analogous art because they are from the same field of endeavor of tracking smoking/inhalation events. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having teachings of Peleg, Deck, and Ghofrani before him/her, to modify the teachings of an Electronic cigarette with communication enhancements of Peleg modified to include the Updating data of a controller of a primary device of a power substation of Deck to include the UNIX timestamps of Ghofrani because adding the lighter and method for monitoring smoking behavior of Ghofrani would allow a user to achieve their smoking reduction goals as described in Ghofrani [0020] “Accordingly, among the objects of the instant invention are: the provision of a lighter and a method for monitoring a user's smoking behavior; the provision of a lighter and a method for enforcing a user's smoking reduction goals; the provision of a lighter and a method that will not allow a user to operate the lighter to light a cigarette when the user has not met certain conditions of the smoking reduction plan; and a lighter and a method that motivate a user to achieve the user's smoking reduction goals. Other objects, features and advantages of the invention shall become apparent as the description thereof proceeds when considered in connection with the accompanying illustrative drawings.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ackley et al. (US20190113571A1) teaches determining a difference between the initial system time and an end-ofloop system time i.e. timestamp in Ackley [0056] "As indicated in block 98, an end-of-loop system time is captured. A difference between the end-of-loop system time (captured with respect to block 98) and the initial system time (captured with respect to block 94) is calculated, as indicated in block 100. This difference value is then stored, as indicated in block 102."; See Fig. 6
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Kumar et al. (US20190159325A1) teaches a method of detecting a fault in timestamps, wherein the timestamps are stored in UNIX times i.e. epoch times relative to a reference point internal to the device in Kumar [0140] "In illustration 2 b, timestamps 423 are represented in the UNIX timestamp format, e.g., 32 bit numbers that represent the number of elapsed seconds since 1 Jan. 1970. Consider the serviceable device with device identifier 1899; it has a current timestamp of 1406789304. "
Talon (US20150230521A1) teaches an aerosol device that updates the time of the internal clock upon connection to its dock in Talon [0082] "For example, using the clock functionality of the controller 30 or the control unit 52, a start time of the smoking session may be captured and stored by controller 30. Similarly, a stop time may be recorded when the user or the aerosol generating device 100 ends the session by stopping power to the heater element 20. The accuracy of such start and stop times may further be enhanced if a more accurate time is uploaded to the controller 30 by the external device 58 to correct any loss or inaccuracy. For example, during a connection of the controller 30 to the external device 58, device 58 may interrogate the internal clock function of the controller 30, compare the received time value with a clock provided within external device 58 or one or more of external processing or data storage devices 60, and provide an updated clock signal to controller 30."
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/Z.A.C./ Examiner, Art Unit 2116
/KAMINI S SHAH/ Supervisory Patent Examiner, Art Unit 2116