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 .
Status of the Claims
Claims 1-2, 5-6, and 14-15 are pending and subject to this Office Action. Claims 7-13 have been withdrawn from consideration. Claims 3 and 4 have been cancelled. Claims 1, 5, and 6 have been amended. Claims 14 and 15 have been added.
Response to Arguments
Applicant's arguments, filed 11 March 2026, pages 7-10, with respect to claims 1-6 under 35 USC § 102 have been fully considered but they are not persuasive.
Applicant argues, page 8-9, that O’Hare discloses varying the longitudinal positions of terminals (or connectors) primarily to control the sequence (timing) of electrical connections (e.g., grounding first, then power, then data).
The Examiner acknowledges that one embodiment of O’Hare does teach that the length/ longitudinal position of the terminals are used to control the sequence of the connection. However, O’Hare also teaches an embodiment where the all power terminals are arranged on the same plane [0051] and the power terminals are located on the plane of the circuit terminals. [0052] O’Hare teaches that for this configuration the device power and data terminals can be varied to achieve the same sequencing using a cartridge having terminals all aligned at the same longitudinal position. ([0094], Fig 3b)
Applicant argues, page 8-9, that O’Hare discloses varying the longitudinal positions of terminals (or connectors) primarily to control the sequence (timing) of electrical connections and does not teach or suggest or suggest dividing a storage element into distinct functional areas (i.e., first, second, and third storage areas) to store respective pieces of information.
The Examiner respectfully disagrees. O’Hare teaches various embodiments having the same functionality. Specifically, O’Hare teaches the consumable (cartridge) has memory and one or more data terminals.([0016], [0020]) The data terminals are configured to use authentication data on the consumable, type, composition, flavor, along with other data via one or more data terminals. [0016] A person having ordinary skill would consider that each form of data that needed to be transmitted would use a dedicated data connection terminal; as such, the multiple (more than one) data terminals that are used to transmit the various types of information about the consumable (cartridge) is considered to read on the limitation.
The following is a modified rejection based on amendments made to the claims.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2 and 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by O’Hare, et al (WO2020020788A1).
Regarding claim 1, O’Hare teaches a cartridge for use with an aerosol generating device. The cartridge has a housing that has a vapor outlet (mouthpiece) and is to transport vapor from the vaporization chamber to the vapor outlet. [0079] The cartridge electrical circuitry may be provided with electrical circuitry comprising a plurality of terminals. The electrical terminals are configured to connect the cartridge electrical circuitry to the main electrical circuitry of the device main body in order to enable the main body to retrieve information from the cartridge. [0086]
O’Hare teaches that the electrical terminals that are designed to connect to electrical connectors located in the main body to transfer information. The device contains circuit connectors, that can have different lengths [0059][0096], and that the circuit connectors in the cartridge connect to the electrical connectors of the main body in a predetermined sequence. [0095] O’Hare teaches the sequential configuration can be used to identify different cartridges and provide the device with information about the cartridge. [0096] [0097]
O’Hare teaches the cartridge has electrical connectors that are configured to establish a connection between the main electrical circuitry. The electrical connectors may be shaped as elongated contact members with a first end connected to the power terminals that are located in the cartridge seating portion of the main body. [0087] O’Hare describes the electrical connectors of the cartridge as being “resilient fingers” that are pressed against the power supply terminals of the main body using force to facilitate a stable contact between the cartridge and the main body. The elongated contact members described as “resilient finger” are considered to read on the protrusions of the instant claim.
O’Hare further discloses that the electrical connectors have a spacing that is between the connectors. (Figs. 5a and 5b)
O’Hare goes on to teach that the circuit terminals can be arranged at different positions in relation to the longitudinal direction of the cartridge configured to connect sequentially to the corresponding circuit connectors. [0094] The circuit terminals are provided at different positions in the longitudinal direction of the cartridge relative to the main bond connectors to allow the connection to be done through a predetermined sequence when connected. [0095] The sequence of the connection can be done by varying the length or position of the terminals and/or connectors in the longitudinal direction such that the initial connection portions of corresponding terminal/ connector pairs encounter each other at different timings upon normal insertion of the cartridge into the cartridge seat in which the cartridge is received by the main body.[0095] This positioning of the terminals/connectors allows for different sequencing to be used for different cartridges thus allowing the main body to operate with specific regards to the actual electronics contained in a specific cartridge. [0096] This use of the position of the connectors to differentiate between cartridges is considered to read on the limitation of the specific pattern of the protrusions being used to represent the unique information of the cartridge.
O’Hare teaches the memory is used to store data on the usage of the consumable, including authentication data, type of consumable, composition, flavor, or remaining quantity of a liquid. [0020] The memory and a controller are located on a ridged support along with circuit terminals. [0042-0043]
O’Hare teaches that the portion of the cartridge that connects to the device is comprised of the circuit terminals that are connected to various portions of the cartridge memory. The cartridge has a first and second pair of lateral surface that are substantially parallel to each other [0045], arranged on the same plane [0046], and can contain one or more circuit terminals [0048]. The pairs of lateral circuit connectors can have varying spacing between each terminal in the pair [0047] and varying distances between the different pairs of terminals [0053]. This variation in spacing is considered to read on the specific pattern for multiple storage areas and the use of multiple and varying circuit pairs is considered to read on the storage areas(see annotated figure 1), as they are also a plurality of partitioned are that are comprised of protrusions and recesses. (fig 5a)
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Annotated Figure 1.
Regarding claim 2, O’Hare teaches a personal vaporizing device comprising a liquid store, a liquid transfer element, a heating element. [0010][0027] The liquid store contains a vaporizing liquid [0080] and the heating element comprising a coil [0081] and a liquid transfer element, which is equivalent to the claimed wick.([0078], [0082]) O’Hare discloses that the unit is fitted into the vapor channel of the device. (figure 1b)
Regarding claim 14 and 15, O’Hare teaches all power terminals can be arranged on the same plane [0051] and the power terminals are located on the plane of the circuit terminals. [0052] Thus if the terminals are all in the same plane it would be reasonable to conclude that the height of the terminals and recesses between the terminals would all be the same length.
Claims 5 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over O’Hare, et al (WO2020020788A1) and further in view of Twite, et al (US20210153567A1) .
Regarding claim 5, O’Hare teaches a cartridge for use with an aerosol generating device. The cartridge has a housing that has a vapor outlet (mouthpiece) and is to transport vapor from the vaporization chamber to the vapor outlet. [0079]
O’Hare goes on to teach that the circuit terminals can be arranged at different positions in relation to the longitudinal direction of the cartridge configured to connect sequentially to the corresponding circuit connectors. [0094] The circuit terminals are provided at different positions in the longitudinal direction of the cartridge relative to the main bond connectors to allow the connection to be done through a predetermined sequence when connected. [0095] The sequence of the connection can be done by varying the length or position of the terminals and/or connectors in the longitudinal direction such that the initial connection portions of corresponding terminal/ connector pairs encounter each other at different timings upon normal insertion of the cartridge into the cartridge seat in which the cartridge is received by the main body.[0095] This positioning of the terminals/connectors allows for different sequencing to be used for different cartridges thus allowing the main body to operate with specific regards to the actual electronics contained in a specific cartridge. [0096] This use of the position of the connectors to differentiate between cartridges is considered to read on the limitation of the specific pattern of the protrusions being used to represent the unique information of the cartridge.
O’Hare teaches the memory is used to store data on the usage of the consumable, including authentication data, type of consumable, composition, flavor, or remaining quantity of a liquid. [0020] The memory and a controller are located on a ridged support along with circuit terminals. [0042-0043] O’Hare teaches the information storage element of located is part of the electrical circuitry, including the controller, memory and terminals, that are located at the end of the cartridge that connects to the device body. (Fig, 2)
O’Hare teaches that the portion of the cartridge that connects to the device is comprised of the circuit terminals that are connected to various portions of the cartridge memory. The cartridge has a first and second pair of lateral surface that are substantially parallel to each other [0045], arranged on the same plane [0046], and can contain one or more circuit terminals [0048]. The pairs of lateral circuit connectors can have varying spacing between each terminal in the pair [0047] and varying distances between the different pairs of terminals [0053]. O’Hare teaches that the circuit terminals are on a lateral surface an parallel to one another and that there are areas of the connector that are spaces between the terminal connectors.
O’Hare discloses that the cartridge can have a first area that comprises a first area containing electrodes and a second area where there are no electrodes. However, O’Hare does not explicitly teach that two or more first areas containing electrodes and at least one second area not containing electrodes would be arranged in a second direction crossing the first direction.
Twite, directed to the design of pod (cartridge) assemblies for use with aerosol generating devices, teaches the contacts for a cartridge (pod) can be on a side face of the connector module of the cartridge. [0098] Twite discloses a location for the cartridge contacts that is located on the bottom of the cartridge and that the contacts extend in a second direction that is different than the direction the direction the cartridge is installed into the device. The electrical connection is achieved when the contacts that extend across the bottom of the cartridge are pressed against the electrical connectors in the device body, slightly compressing the connectors, forming a connection between data contacts and power contacts of the cartridge and the device body. ([0073], Fig. 12 and 19)
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify O’Hare by using the electrical connectors and contacts as taught by Twite because both O’Hare and Twite are directed to cartridges (pods) for use with aerosol generating devices, Twite teaches this creates a mechanically secure connection having minimal contact resistance so as to allow power and/or signals between the device body and the nicotine pod assembly to be transferred and/or communicated reliably and accurately [0073], and this involves the use of known technique to improve similar devices in the same way.
Regarding claim 6, O’Hare teaches the memory is used to store data on the usage of the consumable, including authentication data, type of consumable, composition, flavor, or remaining quantity of a liquid. [0020] The memory and a controller are located on a ridged support along with circuit terminals. [0042-0043]
O’Hare teaches that the portion of the cartridge that connects to the device is comprised of the circuit terminals that are connected to various portions of the cartridge memory. The cartridge has a first and second pair of lateral surface that are substantially parallel to each other [0045], arranged on the same plane [0046], and can contain one or more circuit terminals [0048]. The pairs of lateral circuit connectors can have varying spacing between each terminal in the pair [0047] and varying distances between the different pairs of terminals [0053]. This variation in spacing is considered to read on the specific pattern for multiple storage areas and the use of multiple and varying circuit pairs is considered to read on the storage areas, as they are also a plurality of partitioned are that are comprised of protrusions and recesses. (fig 5a)
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIRGINIA R BIEGER whose telephone number is (703)756-1014. The examiner can normally be reached M-Th: 7:30-4:30.
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/V.R.B./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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