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 § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-13, 15-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BOWEN et al. (US 2018/0043114).
Bowen teaches an aerosol provision system comprising control circuitry (105 in figure 1A) for determining an operational parameter of the aerosol provision system; an aerosol generator (118 in figure 1A) configured to aerosolize an aerosol-generating material, wherein the operational parameter is an amount of electrical power supplied to the aerosol generator (para. 0131); and a sensor (para. 0107) configured to detect each inhalation of a session comprising a plurality of inhalations on the aerosol provision system by a user of the aerosol provision system (para. 0173), and output corresponding inhalation detection signals to the control circuitry (para. 0173). Bowen teaches the control circuitry is configured to determine an indication of an amount of an ingredient delivered from the aerosol (para. 0071, 0176), generating material to the user during the session based on the inhalation detection signals and an indication of the amount of electrical power supplied to the aerosol generator during the session comprising the plurality of inhalations (para. 0173); and provide a notification to the user when the indication of the amount of an ingredient delivered from the aerosol-generating material to the user during the session exceeds a session threshold (para. 0071).
Regarding claim 2, Bowen teaches the control circuitry is configured to determine a duration of the session based on a duration of the plurality of inhalations (“puff time” para. 0173).
Regarding claim 3, Bowen teaches the control circuitry is configured to determine an indication of an amount of the ingredient delivered from the aerosol-generating material to the user during the session based on the duration of the session and an indication of the operational parameter during the session (para. 0071, 0173).
Regarding claim 4, Bowen teaches the control circuitry is configured to determine an indication of an amount of the ingredient delivered from the aerosol-generating material to the user during a rolling predetermined period based on a duration of each inhalation during the rolling predetermined period and an indication of the operational parameter during each inhalation during the rolling predetermined period (para. 0071).
Regarding claim 5, Bowen teaches the control circuitry is configured to determine a time between each inhalation based on the inhalation detection signals, and wherein the determination of the indication of the amount of the ingredient delivered from the aerosol-generating material to the user during the rolling predetermined period is also based on the time between each inhalation during the rolling predetermined period (para. 0107).
Regarding claim 6, Bowen teaches the determination of the indication of the amount of the ingredient delivered from the aerosol- generating material to the user is further based on a concentration of the ingredient in the aerosol- generating material (para. 0072).
Regarding claim 7, Bowen teaches the ingredient is nicotine (para. 0072), caffeine (para. 0244), a vitamin (para. 0244), melatonin (para. 0244), or a cannabinoid (para. 0072).
Regarding claim 8, Bowen teaches a power source (103) configured to supply electrical power to the aerosol generator, and wherein the operational parameter of the aerosol provision system is an amount of electrical power supplied to the aerosol generator by the power source (para. 0173).
Regarding claim 9, Bowen teaches the control circuitry is configured to determine default user behavior based on the indication of the amount of the ingredient delivered from the aerosol-generating material to the user for a plurality of inhalations (para. 0173).
Regarding claim 10, Bowen teaches the control circuitry is configured to determine a time between each of the plurality of inhalations based on the inhalation detection signals (para. 0107), and wherein determining default user behavior is also based on the time between each of the plurality of inhalations (para. 0173).
Regarding claim 11, Bowen teaches the control circuitry is configured to alter a mode of operation of the aerosol provision system based on the default user behavior (para. 0173).
Regarding claim 12, Bowen teaches n the control circuitry is configured to provide a notification to the user based on the indication of the amount of the ingredient delivered from the aerosol-generating material to the user during the inhalation and the default user behavior (para. 0071, 0130).
Regarding claim 13, Bowen teaches the control circuitry is configured to provide a notification to the user when the indication of an amount of an ingredient delivered from the aerosol-generating material to the user during the inhalation exceeds a puff threshold (para. 0071).
Regarding claim 15, Bowen teaches the control circuitry is configured to provide a notification to the user when the indication of the amount of an ingredient delivered from the aerosol-generating material to the user during the rolling predetermined period exceeds a period threshold (para. 0071).
Regarding claim 16, Bowen teaches the notification is provided on the aerosol provision system (para. 0053).
Regarding claim 17, Bowen teaches the notification is provided on an application on a remote device (para. 0130).
Regarding claim 18, Bowen teaches the notification is a haptic notification (para. 0053).
Regarding claim 19, Bowen teaches a parameter of the haptic notification is adjustable by the user (para. 0193).
Regarding claim 20, Bowen teaches a system comprising an aerosol provision system (figure 1A) configured to generate aerosol from an aerosol-generating material, and comprising an aerosol generator (118) configured to aerosolize an aerosol-generating material; and a computer (105) configured to receive inhalation detection signals from a sensor configured to detect each inhalation of a session comprising a plurality of inhalations on the aerosol provision system by a user of the aerosol provision system (para. 0173); determine an indication of an amount of an ingredient delivered from the aerosol- generating material to the user during the session based on the inhalation detection signals (para. 0071, 0176) and an indication of amount of electrical power supplied to the aerosol generator during the session comprising the plurality of inhalations (para. 0173); and provide a notification to the user when the indication of the amount of an ingredient delivered from the aerosol-generating material to the user during the session exceeds a threshold (para. 0071).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-13 and 15-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The amendments to the claims have overcome the previous double patenting rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/CYNTHIA SZEWCZYK/ Primary Examiner, Art Unit 1741
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