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 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03 April 2026 has been entered.
Status of the Claims
This office action is in response to Applicant’s amendment filed on 03 April 2026:
Claims 1-20 are pending
Claims 19-20 are withdrawn
Claim 1 is amended
Response to Amendment
Applicant's amendments to the claims filed 03 April 2026 have been acknowledged.
Response to Arguments
Applicant’s arguments filed 03 April 2026, with respect to the rejection(s) of Claim 1 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive.
On Pages 6-8 of Applicant’s Remarks, Applicant has amended Claim 1 to further recite the following: “the profile displays the target temperature and an actual temperature from a beginning of a preheating period to a present time and the target temperature from the present time to an end of a puffable period.”
Applicant argues that while Anderson discloses the profile displaying a target temperature and actual temperature, they do not explicitly note displaying these temperatures over a period in time, wherein that time period must include a preheating period and end of puffable period which Examiner agrees with and therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Doyle et al (Publication No. US20200329775A1).
Claim Interpretation
An interpretation of Claims 1-18 will be made for the following claim limitation: “the profile displays the target temperature and an actual temperature from a beginning of a preheating period to a present time and the target temperature from the present time to an end of a puffable period.”
It is noted that the specification does not specifically describe a “present time” or “target temperature from the present time” as recited in Claim 1. However, Applicant’s specification makes it clear that the profile is a time-series change of temperatures and target temperatures in the heating profile. The profile itself is broken into two sections of preheating and puffable periods, where the “end of puffable period” is implied to be T5 as shown in Fig. 6 of Applicant’s Drawings. Therefore, it would appear that a “present time” would be one of the time points within the puffable period as that is the section where target temperature and real temperature points are illustrated.
For examination purposes, the recitation of any form of “present time” is considered to be representative of any time point within a puffable period of a profile, to distinguish it from the preheating and end of puffable period sections described in the amended claims.
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.
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 1-8, and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson et al (Publication No. US20200000143A1) in view of Doyle et al (Publication No. US20200329775A1, see IDS dated 18 May 2026).
Regarding Claim 1, Anderson discloses an information processing device (Fig. 3; Computing device 305) comprising a controller (Figs. 1A, 3; [0236, 0254]; computing device has same hardware and control capabilities as controller 24, implying it is also a controller) configured to:
generate a display image (i.e., graphical display/user interface) that displays a profile ([0653-0656]; device displays graph of inhale flow rate via app; flow rate graph considered equivalent to a profile);
the profile being information indicating a time-series change of a parameter (puff/inhale flow rate) ([0653-0656]; displays flow rate over time which is a type of time-series change) related to an operation of generating an aerosol ([0231-0234]; vaporizer generates aerosol via heating element triggered/operated by an inhalation);
the operation being performed by an inhaler device (i.e., vaporizing device) configured to generate the aerosol by using a substrate ([0231-0234]; substrate is the wicking element with vaporizing liquid);
and change the profile and display of the profile in the display image in accordance with a user operation on the parameter (i.e., inhalation action) to be operated in the generated display image ([0655-0666]; graphics update/change in real-time to display latest inhale flow rate data caused by a recent inhaling action/operation);
wherein the parameter includes a target temperature of a heating unit (i.e., heater) included in the inhaler device ([0546-0547, 0586, 0625, 0643]; discloses that the profile can also include collected temperature parameter data; discloses that the graphical user interface/profile may include visualizing target temperature as part of the parameter for operating a heater).
Anderson further discloses that the profile can display both a current target temperature and current real temperature [0586]. Anderson does not explicitly disclose the profile displays the target temperature and an actual temperature from a beginning of a preheating period to a present time and the target temperature from the present time to an end of a puffable period.
However, Doyle, directed to an electronic vaporizer device, discloses a thermal (i.e., temperature) profile comprising multiple setpoints at specified times which can be configured to be applied during an inhalation to vaporize vaporization material (Abstract). The thermal profile can be illustrated as a time series line graph that can be adjusted by a user via a user graphical interface, wherein said profile includes the initial heating (i.e., preheating) and cooling portions of the heating period (see Figs. 3A-B; Abstract, [0013-0014, 0034-0035, 0080, 0082]; Doyle notes that the ramp-up heating period are distinct from the actual temperature setpoints of the profile and therefore is considered equivalent to the preheating period; since the thermal profile is applicable to a single inhalation, the setpoint heating period can be considered equivalent to the puffing period and the ramp-down cooling section the end of puff where heating ends).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the profile image display disclosed by Anderson to be a graphical line display that illustrates temperature/thermal profile over a puffing period time series that includes a preheating section (i.e., ramp up) and an end-of-puff section (i.e., ramp down) as disclosed by Doyle, as both are directed to a device with visual displaying capabilities for displaying puff and/or thermal profiles, where this applies a known teaching of visually representing time series based puffing and/or temperature adjustable data as disclosed by Doyle, to another similar device with profile displaying capabilities as disclosed by Anderson, to predictably yield a device capable of displaying an image of a profile of an aerosol-generating parameter (i.e., temperature) that can be operated by a user to make adjustments to said profiles.
Regarding Claim 2, Anderson further discloses wherein the controller (i.e., computing device) is configured to change the parameter to be operated in the profile in accordance with the user operation of changing the parameter to be operated ([0654-0659]; computing device utilizes an app to automatically adjust puff/inhale parameters such as duration and flow rate based on a user’s inhaling/puffing behavior/operation patterns).
Regarding Claim 3, Anderson further discloses the display image includes information indicating that the parameter to be operated is changeable (Figs. 10-13; [0653-0656]; app with graphical display includes an optimal inhale flow rate line visual to indicate the user that the inhaling parameter can be changed by user to reach the optimal value).
Regarding Claim 4, Anderson further discloses the display image includes information (i.e., optimal puff graphic) indicating a range in which the parameter to be operated is changeable (Figs. 9A-9C; [0037-0039, 0655]; display image displays both real-time and optimal puff/inhale values to show the difference/range between said profiles that can be adjusted/changed to match the optimal puff profile).
Regarding Claim 5, the controller is configured to change a range in which the parameter to be operated is changeable (i.e., difference between real-time inhale/puff flow rate data), in response to another parameter to be operated being changed (i.e., user inhalation/puffing) in accordance with the user operation ([0037-0039, 0655]; discloses that the app/computing device guides the user to adjust their inhalation so that the display for said inhalation matches the optimal inhale graphic line, implying that the changeable range/difference between real-time inhalation and optimal inhalation changes in response to the user’s inhaling action).
Regarding Claim 6, Anderson further discloses the parameter to be operated includes the parameter at a puff detection time ([0231-0235, 0629]; Pressure sensor detects pressure change from puff action; puff start time is equivalent to puff detection time);
the puff detection time being a time at which inhalation of the aerosol generated by the inhaler device is detected ([0231-0235, 0283]; Puff start/detection time is dependent on inhalation; aerosolization/vaporization caused by heating element triggered by puff detection);
the inhalation being performed by a user [0655].
Regarding Claim 7, Anderson further discloses the parameter (i.e., puffing/inhalation) to be operated includes the parameter at a time other than a puff detection time ([0622, 0654-0655]; puff/inhale parameters are taken at sample rates to display a rate over time implicitly means that data of said parameters are collected at time periods beyond the detection/start time);
the puff detection time being a time at which inhalation of the aerosol generated by the inhaler device is detected ([0231-0235, 0283]; Puff start/detection time is dependent on inhalation; aerosolization/vaporization caused by heating element triggered by puff detection);
the inhalation being performed by a user [0655].
Regarding Claim 8, Anderson further discloses the display image displays the parameter (i.e., puff characteristic) to be operated (i.e., real-time puffing/inhaling) and a parameter that is not to be operated (i.e., optimal puffing/inhaling characteristic) ([0037-0039, 0655]; display image can show both real-time and optimal puff parameters; optimal implies that parameter is not changed). The parameter to be operated and the parameter that is not to be operated are displayed in different modes ([0654-0655]; real-time inhale/puff data is displayed as a graph visual/mode whereas the optimal inhale/puff parameter is displayed as a line visual/mode).
Regarding Claim 13, Anderson further discloses the display image further displays another profile (i.e., optimal inhale flow rate graphic) to be compared with the profile ([0655]; User can view/compare their real-time data against the optimal graphic data to improve their inhaling technique).
Regarding Claim 14, Anderson further discloses the display image displays, as the profile, a difference between the profile and another profile serving as a reference ([0655]; User can view/compare their real-time data against the optimal graphic data to improve their inhaling technique; comparing implies graphics show a difference between the real-time and optimal profiles).
Regarding Claim 15, Anderson further discloses the other profile is the profile on which no change has been made ([0655]; the other profile is considered “optimal” which implies profile will not be changed).
Regarding Claim 16, Anderson further discloses the profile is a first profile (i.e., preset session configurations) including, as the parameter, information that defines an operation (i.e., user inhalation/puff) which the inhaler device generates the aerosol (Figs. 14-17; [0231-0235, 0283, 0662-0664]; aerosol generated based on puff detection; user can modify the puff count parameter in the profile to adjust the amount of vaporizable material used to generate the aerosol).
Regarding Claim 17, Anderson further discloses the controller (i.e., computing device) is configured to control the inhaler device so that the inhaler (i.e., vaporizer) device operates in accordance with the first profile on which a change (i.e., session selection) has been made ([0235, 0283, 0661-0664]; Controller operates the vaporizer via app based on user selected session).
Regarding Claim 18, Anderson further discloses the display image further includes information predicted to be detected (i.e., usage limit left) in response to the inhaler device operating in accordance with the first profile on which a change has been made (Figs. 4, 14-22, 103A-103F; [0287-0289, 0661-0666]; user can set a usage limit based on puff count in the profile displayed on the interface; display will show the predicted number of puffs/use left based on the number of puffs utilized per profile).
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson et al (Publication No. US20200000143A1) in view of Doyle et al (Publication No. US20200329775A1, see IDS dated 18 May 2026) as applied to Claim 2 above, and further in view of Pocreva et al (Publication No. US20210361888A1).
Regarding Claim 9, Modified Anderson further discloses that the display image (i.e., app user interface) can display a real-time parameter profile (i.e., inhale flow rate over time) information as a line graph visual [0636, 0654-0655]. The profile includes an initial ramp up period, through a setpoint heating period, and a ramp-down cooling period (see Claim 1 rejection for full modification; Doyle, see Figs. 3A-B).
Modified Anderson does not explicitly disclose that the display image displays the profile information from a start time point to an end time point in association with information indicating the parameter to be operated from the start time point to a current time point.
However, Pocreva, directed to an inhalation system/device, discloses that the device comprises a processing system (i.e., computing device) that can graphically display a user detected inhalation/flow rate over time graphic profile (Curve A) on a screen depicting a start time point and end time point for the inhalation flow rate parameter (see annotated Fig. 12; [0087-0088]; discloses a line graph graphic profile with a start and end point.
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Therefore, it would have been obvious to one ordinarily skilled in the art to construct the line graph display for inhalation flow rates as disclosed by Modified Anderson, to show a start and end point as disclosed by Pocreva, as both are directed to an inhalation device, where one ordinarily skilled in the art could take the teachings of Pocreva regarding a line graph visual having distinct start and end points, to a similar inhalation device with graph profile displays as disclosed by Modified Anderson, to predictably result in a device capable of visually depicting inhalation flow rate parameters as a graph visual with a clear start and end time points associated with an inhaling operation parameter.
Regarding Claim 10, Modified Anderson further discloses that the display image (i.e., app user interface) can display a real-time user data profile (i.e., inhale flow rate over time) information as a line graph visual (Anderson, [0636, 0654-0655]; Doyle, see Figs. 3A-B; see Claim 1 rejection for full modification).
Modified Anderson does not explicitly disclose that the display image displays the profile information from a start time point to an end time point in association with information indicating the parameter to be operated from the start time point to a current time point.
However, Pocreva, directed to an inhalation system/device, discloses that the device comprises a processing system (i.e., computing device) that can graphically display a user detected inhalation/flow rate over time graphic profile (Curve A) on a screen depicting a start time point and end time point for the inhalation flow rate parameter (see annotated Fig. 12; [0087-0088]; discloses a line graph graphic profile with a start and end point.
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Therefore, it would have been obvious to one ordinarily skilled in the art to construct the line graph display for inhalation flow rates as disclosed by Modified Anderson, to show a start and end point as disclosed by Pocreva, as both are directed to an inhalation device, where one ordinarily skilled in the art could take the teachings of Pocreva regarding a line graph visual having distinct start and end points, to a similar inhalation device with graph profile displays as disclosed by Modified Anderson, to predictably result in a device capable of visually depicting inhalation flow rate parameters as a graph visual with a clear start and end time points associated with an inhaling operation parameter.
It is noted that while Pocreva does not explicitly disclose that the end time point information is a current time point, Anderson discloses that the user data is real-time data, which implies that when the user stops inhaling, data is no longer collected. Thus, the current/real-time point of the graphical profile would be the same as the end time point of a user’s real-time inhalation (i.e., parameter) operation.
Regarding Claim 11, Modified Anderson further discloses that the display image (i.e., app user interface) can display a real-time parameter profile (i.e., inhale flow rate over time) information as a line graph visual [0636, 0654-0655]. The profile includes an initial ramp up period, through a setpoint heating period, and a ramp-down cooling period (see Claim 1 rejection for full modification; Doyle, see Figs. 3A-B).
Modified Anderson does not explicitly disclose that the display image displays the profile information from a start time point to a current time point in association with information indicating the parameter to be operated from the start time point to a current time point.
However, Pocreva, directed to an inhalation system/device, discloses that the device comprises a processing system (i.e., computing device) that can graphically display a user detected inhalation/flow rate over time graphic profile (Curve A) on a screen depicting a start time point and end time point for the inhalation flow rate parameter (see annotated Fig. 12; [0087-0088]; discloses a line graph graphic profile with a start and end point).
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Therefore, it would have been obvious to one ordinarily skilled in the art to construct the line graph display for inhalation flow rates as disclosed by Modified Anderson, to show a start and end point as disclosed by Pocreva, as both are directed to an inhalation device, where one ordinarily skilled in the art could take the teachings of Pocreva regarding a line graph visual having distinct start and end points, to a similar inhalation device with graph profile displays as disclosed by Modified Anderson, to predictably result in a device capable of visually depicting inhalation flow rate parameters as a graph visual with a clear start and end time points associated with an inhaling operation parameter.
It is noted that while Pocreva does not explicitly disclose that the end time point information is a current time point, Anderson discloses that the user data is real-time data, which implies that when the user stops inhaling, data is no longer collected. Thus, the current/real-time point of the graphical profile would be the same as the end time point of a user’s real-time inhalation (i.e., parameter) operation.
Regarding Claim 12, Anderson further discloses that the display image (i.e., app user interface) can display a real-time parameter profile (i.e., inhale flow rate over time) information as a line graph visual [0636, 0654-0655];
the real-time inhalation profile further comprises a puff detection time part ([0231-0235, 0629]; puff/inhale start time is equivalent to a puff/inhale detection time);
the puff detection time being a time at which inhalation of the aerosol generated by the inhaler device is detected ([0231-0235, 0283]; Puff start/detection time is dependent on inhalation; aerosolization/vaporization caused by heating element triggered by puff detection);
the inhalation being performed by a user [0655].
Anderson does not explicitly disclose the following;
that the display image displays the profile information from a start time point to an end time point
the display image displays an extracted portion of the profile
Regarding (I), Pocreva, directed to an inhalation system/device, discloses that the device comprises a processing system (i.e., computing device) that can graphically display a user detected inhalation/flow rate over time graphic profile (Curve A) on a screen depicting a start time point and end time point for the inhalation flow rate parameter (see annotated Fig. 12; [0087-0088]; discloses a line graph graphic profile with a start and end point.
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Therefore, it would have been obvious to one ordinarily skilled in the art to construct the line graph display for inhalation flow rates as disclosed by Anderson, to show a start and end point as disclosed by Pocreva, as both are directed to an inhalation device, where one ordinarily skilled in the art could take the teachings of Pocreva regarding a line graph visual having distinct start and end points, to a similar inhalation device with graph profile displays as disclosed by Anderson, to predictably result in a device capable of visually depicting inhalation flow rate parameters as a graph visual with a clear start and end time points associated with an inhaling operation parameter.
Regarding (II), it should be noted that having the display image display a portion of a graphical profile instead of an entire profile is a visual design choice that does not have a mechanical function in relation to the information processing device or display image/user interface. Anderson discloses that real-time inhalation data can be sent to a computing device and displayed on a display image/user interface [0636, 0654-0655]. Pocreva discloses a sample graphical data display wherein time beyond the end point is illustrated (see Fig. 12).
Since Anderson in view of Pocreva discloses that a user interface can display an image of a graphical profile correlated to inhalation data, choosing to only display a portion of said data collected by the computing device to the user interface would be a design choice made by one ordinarily skilled in the art that would expectedly result in no impact to the functionality of the computing device and user interface to collect and display profiles of collected (inhaling flow rate) data.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vu P Pham whose telephone number is (703)756-4515. The examiner can normally be reached M-Th (7:30AM-4:00PM EST).
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/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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