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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 19 and 26-34 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 19 recites the broad recitation “at least four sequential phases”, and the claim also recites “at least five sequential phases” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Claim 26 recites the limitation "the value" in lines 6 and 7. There is insufficient antecedent basis for this limitation in the claim.
Claims 27-34 are rejected for depending from claim 26.
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.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over HENRY, JR. et al. (US 2016/0158782) in view of AMPOLINI et al. (US 2014/0270727) and BOWEN et al. (US 2019/0158938).
With respect to claim 16, HENRY, JR. et al. discloses an aerosol generating device (Abstract; Paragraph [0001]) for forming an aerosol from an aerosol precursor (e.g., aerosol forming substrate). The device comprising a timer (Paragraph [0038]); a haptic output unit (Paragraph [0027]); a controller (Paragraphs [0021], [0042], [0062], [0066]) and an accelerometer (Paragraphs [0053], [0054]).
The accelerometer is configured to detect a predetermined gesture movement of the device and to send a signal to the controller (Paragraphs [0048], [0055]-[0058]; Figure 2). The start of the session is initiated by a flow sensor activated by a user drawing on the mouth end of the device (Paragraph [0036]) that signals to the controller to provide power to the heater. The signals from the flow sensor represent the claimed “signal representative of a monitored user interaction parameter” given that the drawing action is a user interaction parameter.
HENRY, JR. et al. does not explicitly disclose that the usage session progresses through a plurality of sequential phases and is controlled by the controller in response to timing signals. AMPOLINI et al. discloses a heating control arrangement for an electronic smoking article (Abstract; Title). The usage session progresses through a plurality of sequential phases between usage start and usage end (Paragraph [0106]-[0114]; Figure 9). Each segment is provided with a defined time segment, and allows the user to create alternate sensory experiences (Paragraph [0107]). The current is controlled during the draw by a timer (Paragraphs [0037]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the usage session of the device of HENRY, JR. et al., being controlled by the controller, to progress through a plurality of sequential power level phases that are performed in response to the timer to control the duration of each sequential phase, as taught by AMPOLINI et al., so that the user can create alternate sensory experiences.
HENRY, JR. et al. further discloses that the accelerometer can detect different predetermined gestures. Each gesture being related to a particular function of the device. With one gesture to unlock the device, another gesture to cause the haptic feedback element to emit feedback (Paragraphs [0047]-[0048]) and other gestures to indicate charge level and aerosol precursor compositing (Paragraphs [0049]-[0050] and [0056]-[0058]).
HENRY, JR. et al. does not explicitly disclose that the signal provided by the accelerometer is analyzed to determined a type of detected gesture. This detected gesture indicate a query on session progress. At which point, the controller controls the haptic output unit to emit an indication of said progress.
BOWEN et al. and electronic vaporizer (Abstract). The vaporizer comprises an accelerometer or other motion sensors (Paragraph [0036]). The detection and determination of the type of motion is used as a command to being communication with the user or a command to cycle through a plurality of settings (Paragraph [0036]).The vaporizer also provides one or more haptic vibrations to indicate the stage of the user session (Paragraphs [0143], [0144]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the haptic output device of HENRY, JR. et al. with a feature that signals each stage of the session, as taught by BOWEN et al. so that the user can be made aware of the amount of remaining session. Moreover, given that a gesture detected by the accelerometer can be used to cycle through settings as taught by BOWEN et al., it also would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to configure a particular gesture sensed and analyzed by the controller of HENRY, JR. et al., to cycle to the phase of the session, amongst other settings, and to then emit the vibrations so that the user can be made aware of many types of information about the vaporizer, including the phase of the session.
The predetermined type of gesture signal sent to the controller represents the claimed “gesture indicating a usage session progress query” that is detected and determined to be a query by the controller.
BOWEN et al. further discloses that the haptic output emits a different duration, intensity or frequency of vibration (Paragraph [0143]). to indicate each stage (e.g., each phase of session as taught by AMPOLINI et al.) of the session, and therefore implicitly the progress of usage output.
With respect to claim 17, BOWEN et al. discloses that the haptic output is configured to emit an output representative of the current usage session phase (Paragraphs [0143], [0144]). This is in response to the signal received by the controller from the predetermined gesture captured by the accelerometer (See rejection of claim 16).
With respect to claim 18, BOWEN et al. discloses that the haptic output is configured to emit an output representative of the current usage session phase (Paragraphs [0143], [0144]). Given that each phase is associated with a given predetermined haptic output, the transition from one phase to the next would also implicitly trigger the subsequent haptic output for the respective phase.
With respect to claim 19, AMPOLINI et al. disclose more than four sequential phases (Paragraphs [0106]; Figure 9).
With respect to claim 20, HENRY, JR. et al. discloses that the device is configured such that the usage session has a maximum duration determined by the timer (Paragraph [0038]).
With respect to claim 21, HENRY, JR. et al. discloses that the user interaction parameter (e.g., drawing on the mouthpiece end during use) is indicative of use of the device during the usage session (Paragraph [0041]).
With respect to claim 22, HENRY, JR. et al. disclose that the usage session is configured to be terminated (Paragraph [0041]) if the user interaction parameter reaches a “long puff” safety (e.g., predetermined threshold) (Paragraph [0038]).
With respect to claim 23, HENRY, JR. et al. discloses that the user interaction parameter is indicated of the user puff taken during the usage session (Paragraphs [0038], [0041]).
With respect to claim 24¸ AMPOLINI et al. discloses that each of the sequential phases has a phase duration (e.g., horizontal portions of chart) determined by a phase start and end (e.g., vertical portions of chart) (See annotated figure 9).
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With respect to claim 25, AMPOLINI et al. discloses that each of the sequential phases has a maximum phase duration controlled by the timer (Paragraphs [0106]-[0114], [0038])
With respect to claim 26, HENRY, JR. et al. discloses that the device is configured such that the usage session has a maximum duration determined by the timer (Paragraph [0038]). It is noted that “and wherein the aerosol-generating device is further configured to record at least one user interaction parameter during the usage session, a phase duration of any, or each, of the plurality of sequential phases having a duration less than a maximum phase duration if the value of the user interaction parameter reaches a predetermined threshold.” (emphasis added). This limitation is a conditional limitation that performs an operation (e.g., record) if a condition is met (e.g., the value of the user interaction parameter reaches a predetermined threshold). Thus, if the condition is not met, then the “configured to record” requirement is not required. Thus, for the rejection of claim 26, the claim limitations are met when the user never reaches the predetermined threshold and the power to the heater is not automatically cut.
With respect to claim 27, BOWEN et al. discloses that a first phase of the haptic output unit emits an output of a first number of vibrations (Paragraph [0143]).
With respect to claim 28, BOWEN et al. discloses that the number of vibrations for the first phase is one (Paragraph [0143]).
With respect to claims 29 and 30¸ BOWEN et al. discloses that the haptic output unit emits two vibrations indicating the second phase (Paragraph [0143]).
With respect to claims 31 and 32,. BOWEN et al. discloses that the haptic output unit emits three vibrations indicating the third phase (Paragraph [0143]).
With respect to claims 33 and 34¸ AMPOLINI et al. discloses up to ten phases of user session (Paragraph [0106]). BOWEN et al. discloses a single vibration for the first phase, two vibrations for the second phase and three vibrations for the third phase (Paragraph [0143]). While it isn’t disclosed to provide four vibrations for the fourth phase, it would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to use four vibrations from the haptic output device of HENRY, JR. et al. in order to indicate the fourth phase of the session.
Conclusion
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/ALEX B EFTA/Primary Examiner, Art Unit 1745