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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/29/2025.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weigensberg et al. (Pub. No. 20150272223).
Regarding claim 1, Weigensberg discloses an inhalation component generation device, comprising:
a load configured to vaporize or atomize an inhalation component source with electric power from a power supply [0047] (Abstract);
a controller configured to generate a command for supplying electric power to the load [0049][0050]; and
a light emitting element (LED) configured to provide a notification [0046],
wherein the controller is configured to change light emission of the light emitting diode in a second light emission pattern while electric power is being supplied to the load according to a second command generated in a state where a value indicating a remaining amount of the power supply is lower than a predetermined value that is lower than a value corresponding to a full charge, and end light emission of the notification unit in the second light emission pattern in response to completion of supply of electric power to the load according to the second command [0046][0054],
Weigensberg discloses different colors LED can be used to indicate any different level of battery charge [0054] (they can all be light emitting diode with the same notification pattern include a continuous light emission for a predetermined period with different colors associated with the depletion level of the battery). Therefore, one of ordinary skill in the art can have the control unit is configured to change light emission of the notification unit in a first light emission pattern while electric power is being supplied to the load according to a first command generated in a substantially full-charge state of the power supply, and end light emission of the notification unit in the first light emission pattern in response to completion of supply of electric power to the load according to the first command,
and wherein the controller is configured to control the LED so that light emission of the LED corresponding to the first command can be distinguished from light emission of the LED corresponding to the second command [0054] (different colors).
Regarding claim 2, Weigensberg discloses wherein the first light emission pattern includes a repetition of light emission and non-light emission [0055].
Regarding claim 3, Weigensberg discloses wherein light emission of the LED corresponding to the second command is controlled to notify that a remaining amount of the power supply is reduced than a full- charge state [0046][0054].
Regarding claim 4, since Weigensberg discloses the percentage of battery charge remaining can be used (corresponding to the claimed a value indicating a remaining amount of the power supply is lower than a predetermined value that is lower than a value corresponding to a full charge), the amount of times (natural number) that the load can be operated can be determined by the remaining amount of the power supply)
Regarding claim 5, Weigensberg discloses the controller is configured to automatically turn off the inhalation component generation device after the load has been operated M times (corresponding to battery percentage as disclosed above for claim 4) [0061].
Regarding claim 6, Weigensberg discloses wherein the controller can be configured to cause the notification unit to emit light in a pattern different from the first light emission pattern and/or in a color different from a color of light emission of the LED corresponding to the first command, when degradation or abnormality of the power supply is detected [0054] [0055].
Regarding claim 7, Weigensberg discloses a system comprising a charger and an electrical unit configured to be connectable to the charger, wherein the electrical unit comprises:
a first power supply; a load configured to vaporize or atomize an inhalation component source with electric power from the first power supply [0047] (Abstract);
a control unit configured to generate a command for supplying electric power to the load [0049][0050]; and
a notification unit that includes a light emitting element [0046],
wherein the control unit is configured to change light emission of the notification unit in a first light emission pattern while electric power is being supplied to the load according to a first command generated in a substantially full-charge state of the first power supply, and end light emission of the notification unit in the first light emission pattern in response to completion of supply of electric power to the load according to the first command,
wherein the control unit is configured to change light emission of the notification unit in a second light emission pattern while electric power is being supplied to the load according to a second command generated in a state where a value indicating a remaining amount of the first power supply is lower than a predetermined value that is lower than a value corresponding to a full charge, and end light emission of the notification unit in the second light emission pattern in response to completion of supply of electric power to the load according to the second command [0046][0054],
wherein the first light emission pattern used in a first mode and the second light emission pattern used in a second mode are a same notification pattern having identical notification timing and notification periods [0054] (they can all be light emitting diode), and
wherein the control unit is configured to control the notification unit so that light emission of the notification unit corresponding to the first command can be distinguished from light emission of the notification unit corresponding to the second command [0054] (different colors), and wherein the charger comprises:
a second power supply to charge the first power supply of the electrical unit when the electrical unit is connected to the charger; and a processer configured to control charge from the second power supply to the first power supply [0066-0067].
Regarding claim 8, Weigensberg discloses the control unit of the electrical unit and the processor of the charger perform a process in cooperation [0066][0067].
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 16856260 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because they are both toward an inhalation component generation device comprising a load, a control unit a notification unit for indicating a remaining amount of charge with a first threshold and a second threshold of amount of charge in the power supply.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Regarding Double Patenting rejection, it’s acknowledged that the Applicant requests that the nonstatutory double patenting rejection be held in abeyance until allowable subject matter is identified.
Applicant’s arguments filed 7/03/2025 have been considered but are moot in view of the new ground of rejection.
Conclusion
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/PHU H NGUYEN/Examiner, Art Unit 1747