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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/31/2025 has been entered.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
In independent claim 16, the limitation “a control module, a mobile terminal” has/have been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses/they use a generic placeholder “module, terminal” coupled with functional language “configured to adjust, configured to display” without reciting sufficient structure to achieve the function.
Since the claim limitation(s) invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, claim(s) 16-22 has/have been interpreted to cover the corresponding structure described in the specification that achieves the claimed function, and equivalents thereof.
A review of the specification shows that the following appears to be the corresponding structure described in the specification for the 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph limitation: a control module (see Para. 133) is disclosed in Applicant’s specification as one or more processors; mobile terminal (see Para. 133) is disclosed in Applicant’s specification as a computing device, for example a mobile phone, a tablet computer, a laptop computer, or a personal digital assistant.
If applicant wishes to provide further explanation or dispute the examiner’s interpretation of the corresponding structure, applicant must identify the corresponding structure with reference to the specification by page and line number, and to the drawing, if any, by reference characters in response to this Office action.
If applicant does not intend to have the claim limitation(s) treated under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may amend the claim(s) so that it/they will clearly not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, or present a sufficient showing that the claim recites/recite sufficient structure, material, or acts for performing the claimed function to preclude application of 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
For more information, see MPEP § 2173 et seq. and Supplementary Examination Guidelines for Determining Compliance With 35 U.S.C. 112 and for Treatment of Related Issues in Patent Applications, 76 FR 7162, 7167 (Feb. 9, 2011).
Claim Rejections - 35 USC § 102
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 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) 16, 19-25, and 27-30 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cameron (US 20170020188 A1).
In regard to claim 16, Cameron teaches a system, comprising: an aerosol-generating device arranged to interact with a tobacco stick and/or comprising a charging device associated with an aerosol-generating device (Cameron, Fig. 2; Para. 65, the vapor device 100 can comprise a piezoelectric dispersing element. In some aspects, the piezoelectric dispersing element can be charged by a battery, and can be driven by a processor on a circuit board. The piezoelectric dispersing element can comprise a thin metal disc which causes dispersion of the fluid fed into the dispersing element via the wick or other soaked piece of organic material through vibration. Once in contact with the piezoelectric dispersing element, the vaporizable material (e.g., fluid) can be vaporized (e.g., turned into vapor or mist) and the vapor can be dispersed via a system pump and/or a sucking action of the user), wherein the aerosol-generating device and/or the charging device comprise: at least one light emitter (Cameron, Fig. 10, display 902), a control module configured to adjust at least one visual characteristic of light emitted by the at least one light emitter based on a local time retrieved from a timer (Cameron, Para. 108, The skinning rules component can be configured for permitting a user to define one or more rules that govern when, where, how, etc. . . . a particular image is used as a skin for the exemplary vapor device 900. For example, the rules can define that a skin should be changed based on the exemplary vapor device 900 being at a predetermined location, based on low battery power, based on whether the exemplary vapor device 900 is currently vaporizing a vaporizable material, determining that the electronic vapor device is low on vaporizable material, based on being full on vaporizable material, based on being in a predetermined proximity to another electronic vapor device, based on the user currently using the exemplary vapor device 900, based on a predetermined amount of time elapsing, based on a predetermined time of day being been reached, based on a change in ambient light, random, and the like), and a communication interface configured to exchange data with a mobile terminal (Cameron, Fig. 13, Para. 138, the vapor device 1302, the vapor device 1304, the vapor device 1306, and/or the electronic communication device 1308 can be configured to communicate via cellular communication, WiFi communication, Bluetooth® communication, satellite communication, and the like), the data comprising instructions for adjusting the at least one visual characteristic (Cameron, Fig. 10; Para. 108, The skinning rules component can be configured for permitting a user to define one or more rules that govern when, where, how, etc. . . . a particular image is used as a skin for the exemplary vapor device 900), wherein exchanging data with the mobile terminal comprises sending, to the mobile terminal, user information relating to usage of at least one of the aerosol-generating device and the charging device (Cameron, Fig. 10; Para. 108 and 140, information that can be provided to a user via the display 902 of the exemplary vapor device 900 or via a display 911 of an electronic device 910 in communication with the exemplary vapor device 900. The display 902 can provide information to a user such as a puff count, an amount of vaporizable material remaining in one or more containers, battery remaining, signal strength, combinations thereof, and the like), and wherein the mobile terminal comprises a processing module configured to generate the instructions for adjusting the at least one visual characteristic based on the usage information (Cameron, Para. 108, The display 911 can provide a user interface that provides information and provides control over one or more functions of the exemplary vapor device 900. The one or more functions can comprise one or more of a skinning function, a community function, an e-commerce function, or a vapor device operability function. The skinning function can comprise a skin selection component, a skin sharing component, a skin upload/download component, a skinning rules component, and the like. The skinning rules component can be configured for permitting a user to define one or more rules that govern when, where, how, etc. . . . a particular image is used as a skin for the exemplary vapor device 900. For example, the rules can define that a skin should be changed based on the exemplary vapor device 900 being at a predetermined location, based on low battery power, based on whether the exemplary vapor device 900 is currently vaporizing a vaporizable material, determining that the electronic vapor device is low on vaporizable material, based on being full on vaporizable material).
In regard to claim 19, Cameron teaches the system according to claim 16, wherein the time setting comprises an event associated with a time of day, and wherein the time of day is obtained from a calendar application based on the event (Cameron, Para. 158, the graphic may be prompted by an electronic calendar notification. Thus, calendared meetings, appointments, and notifications or tasks, may cause the graphic to be suitably changed).
In regard to claim 20, Cameron teaches the system according to claim 16, wherein the control module is further configured to adjust the at least one visual characteristic of the at least one light emitter when the local time retrieved from the timer corresponds to the time setting (Cameron, Para. 160, the graphic can change according to a routine, such as every 5 minutes, every 30 minutes, every hour, every day, each month, each season, each holiday, and/or the like. In this regard, an e-cigarette may be festive in displaying a graphic appropriate for a particular holiday that is coming up. Similarly, the graphic can be suitable for the summer season, etc).
In regard to claim 21, Cameron teaches the system according to claim 16, wherein the control module is further configured to adjust at least one visual characteristic of light emitted by the at least one light emitter based on a measured light intensity value, and wherein adjusting the at least one visual characteristic of the light emitted by the at least one light emitter based on a measured light intensity value comprises adjusting the at least one visual characteristic of the at least one light emitter when the light intensity value is above or below a predetermined threshold value (Cameron, Para. 163, The graphic displayed can be changed based on data from one or more sensors. The sensors may comprise temperature sensors, heat sensors, light sensors, accelerometer sensors, and/or any suitable sensor. Thus, in an example embodiment, an c-cigarette can change the graphic to have a lower brightness when in a dark environment and a higher brightness or intensity when in a bright environment).
In regard to claim 22, Cameron teaches the system according to claim 16, wherein the control module is further configured to adjust at least one visual characteristic of light emitted by the at least one light emitter based on a measured light intensity value, and wherein adjusting at least one visual characteristic of light emitted by the at least one light emitter comprises adjusting a brightness characteristic of the at least one light emitter (Cameron, Para. 163, The graphic displayed can be changed based on data from one or more sensors. The sensors may comprise temperature sensors, heat sensors, light sensors, accelerometer sensors, and/or any suitable sensor. Thus, in an example embodiment, an c-cigarette can change the graphic to have a lower brightness when in a dark environment and a higher brightness or intensity when in a bright environment).
In regard to claim 23, the claim is interpreted and rejected for the same reasons as stated in the rejection of claim 16 as stated above.
In regard to claim 24, Cameron teaches the method according to claim 23, wherein the exchanging data with a mobile terminal comprises receiving the instructions from the mobile terminal (Cameron, Para. 108, The display 911 can provide a user interface that provides information and provides control over one or more functions of the exemplary vapor device 900. The one or more functions can comprise one or more of a skinning function, a community function, an e-commerce function, or a vapor device operability function. The skinning function can comprise a skin selection component, a skin sharing component, a skin upload/download component, a skinning rules component, and the like. The skinning rules component can be configured for permitting a user to define one or more rules that govern when, where, how, etc. . . . a particular image is used as a skin for the exemplary vapor device 900).
In regard to claim 25, Cameron teaches the method according to claim 23, wherein the instructions comprise a visual characteristic setting for adjusting the at least one visual characteristic, and wherein the user interface includes a second user interface element for inputting the visual characteristic setting (Cameron, Fig. 10, Select skin).
In regard to claim 27, the claim is interpreted and rejected for the same reasons as stated in the rejection of claim 19 as stated above.
In regard to claim 28, the claim is interpreted and rejected for the same reasons as stated in the rejection of claim 21 as stated above.
In regard to claim 29, Cameron teaches a nontransitory computer-readable storage medium comprising computer-executable instructions stored thereon, which, when executed by a processor, perform the method according to claim 23 (Cameron, Fig. 1, processor 102).
In regard to claim 30, Cameron teaches a method of controlling a visual characteristic of at least one light emitter of an aerosol-generating device arranged to interact with a tobacco stick or at least one light emitter of a charging device associated with an aerosol-generating device (Cameron, Fig. 2; Para. 65, the vapor device 100 can comprise a piezoelectric dispersing element. In some aspects, the piezoelectric dispersing element can be charged by a battery, and can be driven by a processor on a circuit board. The piezoelectric dispersing element can comprise a thin metal disc which causes dispersion of the fluid fed into the dispersing element via the wick or other soaked piece of organic material through vibration. Once in contact with the piezoelectric dispersing element, the vaporizable material (e.g., fluid) can be vaporized (e.g., turned into vapor or mist) and the vapor can be dispersed via a system pump and/or a sucking action of the user), the method comprising adjusting at least one visual characteristic of light emitted by the at least one light emitter when a local time output by a timer corresponds to a time setting received from a mobile terminal (Cameron, Fig. 10, display 902; Para. 108, The display 911 can provide a user interface that provides information and provides control over one or more functions of the exemplary vapor device 900. The one or more functions can comprise one or more of a skinning function, a community function, an e-commerce function, or a vapor device operability function. The skinning function can comprise a skin selection component, a skin sharing component, a skin upload/download component, a skinning rules component, and the like. The skinning rules component can be configured for permitting a user to define one or more rules that govern when, where, how, etc. . . . a particular image is used as a skin for the exemplary vapor device 900. For example, the rules can define that a skin should be changed based on the exemplary vapor device 900 being at a predetermined location, based on low battery power, based on whether the exemplary vapor device 900 is currently vaporizing a vaporizable material, determining that the electronic vapor device is low on vaporizable material, based on being full on vaporizable material, based on being in a predetermined proximity to another electronic vapor device, based on the user currently using the exemplary vapor device 900, based on a predetermined amount of time elapsing, based on a predetermined time of day being been reached, based on a change in ambient light, random, and the like), the received time setting being based on usage information relating to usage of at least one of the aerosol-generating device and the charging device (Cameron, Para. 140, The central server 1310 can thus correlate the user's location along with the type, amount, and/or timing of usage of the vaporizable material; the central server 1310 can transmit the correlated information to the electronic communication device 1308 which can then subsequently use the correlated information to recommend a skin and/or a specific type of vaporizable material to the user when the user is located in the same geographic position indicated by the location information).
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) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cameron (US 20170020188 A1) in view of Kim et al. (US 20170131887 A1).
In regard to claim 17, Cameron teaches the system according to claim 16, wherein the first user interface element (Cameron, Para. 108, The display 911 can provide a user interface that provides information and provides control over one or more functions of the exemplary vapor device 900); and wherein the first period of time is associated with a first visual characteristic and the second period of time is associated with a second visual characteristic (Cameron, Para. 158, the display of one or more a graphic(s) can change over time. The displayed graphic can be changed on a scheduled basis).
Cameron does not teach a first interactive element and a second interactive element arranged to enable a user to define a first period of time and a second period of time by moving the first interactive element and the second interactive element relative to each other.
However, the concept of using wheel type user interface with control icon is well known in the art as also taught by Kim. Kim teaches a first interactive element and a second interactive element (Kim, Fig. 4, a first icon 403 and a second icon 405) arranged to enable a user to define a first period of time and a second period of time by moving the first interactive element and the second interactive element relative to each other (Kim, Para. 97, the user interface 400 may include a plurality of preset time points 401, and a first icon 403 and a second icon 405, which may be positioned at a first point and a second point among the plurality of time points 401, respectively. For example, the first icon 403 may be an icon for a start time setting and the second icon 405 may be an icon for an end time setting; Para. 101, the user interface 400 may display a duration from a date and time corresponding to a location of the first icon 403 to a date and time corresponding to a location of the second icon 405).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have wheel type user interface (as taught by Kim) resulting in predictable result of setting up the schedule for the displayed graphic.
In regard to claim 18, Combination of Cameron and Kim teach the system according to claim 17, wherein the first user interface element further comprises a circular element (Kim, Fig. 4, the user interface 400 may include a plurality of preset time points 401), and wherein the first interactive element and the second interactive element are configured to be moveable relative to each other along a circular path about the center of the circular element (Kim, Fig. 4; Para. 97, a first icon 403 and a second icon 405, which may be positioned at a first point and a second point among the plurality of time points 401, respectively. For example, the first icon 403 may be an icon for a start time setting and the second icon 405 may be an icon for an end time setting).
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cameron (US 20170020188 A1).
In regard to claim 26, Cameron teaches the method according to claim 25, wherein the visual characteristic setting is a brightness setting (Cameron, Para. 164, It is intended that “changing the graphic displayed” can comprise altering the graphic, entirely changing the graphic, combining the graphic with other graphics. In various embodiments, the processor is configured to generate a myriad of switchable graphical images. The graphics can further be changed by changing color hues, shades, levels of brightness, flashing, and/or the like).
Cameron does not specifically teach using slider for changing levels of brightness.
However, the concept of using a slider as user interface element is well known in the art. Cameron teaches the container one ratio interface element 1122 and the container two ratio interface element 1124 can provide a user with a slider that adjusts the percentages of each type of vaporizable material based on the user dragging the slider (Para. 114). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to control brightness using a slider (as taught by Cameron) resulting in predictable result of changing the levels of brightness of the graphic displayed.
Response to Arguments
Response to amended claims is considered above in claim Rejections.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHARMIN AKHTER whose telephone number is (571)272-9365. The examiner can normally be reached on Monday - Thursday 8:00am-5:00pm EST.
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, Davetta W Goins can be reached on (571) 272.2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SHARMIN AKHTER/
Examiner, Art Unit 2689