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 3-23 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims. Claims 1-2 are cancelled.
Election/Restriction
Applicant's election with traverse of Claims 3-13 in the reply filed on December 12, 2025 is acknowledged.
On pg. 2, Applicant argues that the Bowen does not disclose a “moving time window”. Examiner acknowledges that Bowen does not disclose a “moving time window”; however, the lack of unity still remains in view of the combination of Bowen with Rosser (US 2023/0354912 A1), as outlined below. Since Bowen in view of Rosser is considered to teach the shared technical feature between the outlined groups, no single general inventive concept exists and restriction is appropriate.
The requirement is still deemed proper and is therefore made FINAL in view of the following rejection.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3-13 are rejected under 35 U.S.C. 103 as being unpatentable over Bowen (US 2019/0158938 A1, cited on the IDS dated 3/31/2023) in view of Rosser (US 2023/0354912 A1).
Regarding Claim 3, Bowen, directed to aerosol generating devices ([0025]), teaches an aerosol-generating device ([0025], [0033], Figs. 1, 2A-2D; Vaporizer 100 is an aerosol generating device) comprising:
a puffing session indicator ([0140], Vaporizer 100 may provide feedback or an indication to the user to signify a status or completion of a session. The feedback/indication can comprise one or more device cues such as haptic cues, visual cues, audio cues. [0142], [0147], [0152], The haptic cues, visual cues, audio cues, can be provided via one or more output(s) 115. [0037], Outputs 115 as used herein can refer to any of optical (e.g., LEDs, displays, etc.), tactile (e.g., vibrational, etc.), or sonic (e.g., piezoelectric, etc.) feedback components, or the like); and
a controller comprising one or more processors and operably coupled to the puffing session indicator ([0034]-[0035], Fig. 1; Vaporizer 100 comprises a controller 105, which may include a processor. [0037], [0140], Controller 105 is provided near outputs 115, and it is reasonably understood that controller 105 is operatively coupled to outputs 115 to control their activation. Further, [0222], [0234]-[00235], Fig. 7; If method 700 can be performed by the controller 105 of vaporizer 100, it is reasonably understood that controller 105 is operatively coupled to outputs 115 to provide the feedback to the user indicative of the endpoint of the vaporizer session (block 750)),
the controller configured to: monitor a puffing session of a user using comprising monitoring an amount of puffing time or a number of puffs over a time window 1 shows a method 700 for providing sessioning information to a user. Method 700 can start at operational block 710 where the apparatus 600 can receive an indication of a start of a vaporizer session. [0139], the indication of the start can include a user beginning an inhalation or puff. [0122]-[0125], During the session, the vaporizer and/or app may record the temperature and one or more second use parameters, such as one or more of : puff time (duration), puff count (number of puffs). [0222], [0234]-[00235], Method 700 can be performed by vaporizer 100, and may be implemented on the processor of controller 105);
determine an end of the puffing session based the monitoring ([0222]-[0223], Fig. 7; Method 700 can proceed to operational block 740 where the apparatus 600, for example, can determine an endpoint of the vaporizer session); and
provide a puffing session end notification to the user indicative of the end of the puffing session in response to determination of the end of the puffing session ([0222]-[0223], Fig. 7; Method 700 can proceed to operational block 740 where the apparatus 600, for example, can determine an endpoint of the vaporizer session. Method 700 can proceed to operational block 750 where the apparatus 600, for example, can provide a second feedback to the user indicative of the endpoint of the vaporizer session),
but does not teach the device wherein the time window is a moving time window.
Rosser, directed to aerosol generating devices ([0002]-[0003]), teaches an aerosol generating device ([0032], Fig. 1; Aerosol provision system 10 comprises an aerosol provision device 20 and a consumable 30) comprising:
a controller configured to: monitor an amount of puffing time or a number of puffs over a moving time window ([0040], Fig. 1; Aerosol provision device 20 includes control circuitry 28. [0010], The control circuitry may be 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. [0081], the control circuitry 28 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. [0084], the control circuitry 28 may be configured to provide a notification to the user when the indication of the amount of an ingredient delivered from the aerosol-generating material 38 to the user during the rolling predetermined period exceeds a period threshold).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the device of Bowen wherein the time window is a moving time window as taught by Rosser because Bowen and Rosser are directed to aerosol generating devices, Rosser demonstrates that moving/rolling time windows progressively update to allow each inhalation within a most recent predetermined time period is considered by the controller to be part of the puffing session (Rosser, [0058]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claims 4-5, and 9, Bowen in view of Rosser teaches the aerosol-generating device of claim 3, but does not teach the device wherein determining the end of the puffing session based the monitoring comprises determining the end of the puffing session when the amount of puffing time exceeds a puffing time threshold during the moving time window, the controller further configured to execute: allowing the user to select the puffing time threshold, wherein allowing the user to select comprises allowing the user to use a user interface device to select.
Rosser, directed to aerosol generating devices ([0002]-[0003]), teaches an aerosol generating device ([0032], Fig. 1; Aerosol provision system 10 comprises an aerosol provision device 20 and a consumable 30) comprising:
a controller configured to: monitor an amount of puffing time or a number of puffs over a moving time window ([0040], Fig. 1; Aerosol provision device 20 includes control circuitry 28. [0010], The control circuitry may be 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. [0084], the control circuitry 28 may be configured to provide a notification to the user when the indication of the amount of an ingredient delivered from the aerosol-generating material 38 to the user during the rolling predetermined period exceeds a period threshold),
determine an end of the puffing session based the monitoring, wherein determining the end of the puffing session based the monitoring comprises determining the end of the puffing session when the amount of puffing time exceeds a puffing time threshold during the moving time window ([0084], the control circuitry 28 may be configured to provide a notification to the user when the indication of the amount of an ingredient delivered from the aerosol-generating material 38 to the user during the rolling predetermined period exceeds a period threshold. [0077], The notification could also be a change in a mode of operation of the aerosol provision system 10 which the user would detect, such switching off, disabling or otherwise preventing electrical power from being supplied to the aerosol generator 36. If the control circuitry 28 turns the device off, it is reasonably understood that the controller determines the end of the puffing session when the period threshold is exceeded),
the controller further configured to execute: allowing the user to select the puffing time threshold ([0085], The control circuitry 28 may be configured to alter one or more thresholds described above based on the default user behavior, such as the puff threshold, session threshold or period threshold. Alternatively or in addition, the user may be able to alter one or more of the thresholds),
wherein allowing the user to select comprises allowing the user to use a user interface device to select ([0085]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the device of Bowen in view of Ross wherein determining the end of the puffing session based the monitoring comprises determining the end of the puffing session when the amount of puffing time exceeds a puffing time threshold during the moving time window, the controller further configured to execute: allowing the user to select the puffing time threshold, wherein allowing the user to select comprises allowing the user to use a user interface device to select, as taught by Rosser because Bowen and Rosser are directed to aerosol generating devices, Bowen states that the controller determines the end of the puffing session but does not state how the determination is made (Bowen, [0223], Fig. 7; Block 740), Rosser demonstrates that the end of a puffing session can be determined by a puffing time threshold being exceeded (Rosser, [0077], [0084]), Rosser demonstrates that allowing the user to select the puffing time threshold on a user interface device allows the user to personalize or otherwise tailor the operation of the device to their needs (Rosser, [0085), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claims 6-7, Bowen in view of Rosser teaches the aerosol-generating device of claim 3, but does not teach the device wherein determining the end of the puffing session based the monitoring comprises determining the end of the puffing session when the number of puffs exceeds a puff number threshold during the moving time window, the controller further configured to execute: allowing the user to select the puff number threshold.
Rosser, directed to aerosol generating devices ([0002]-[0003]), teaches an aerosol generating device ([0032], Fig. 1; Aerosol provision system 10 comprises an aerosol provision device 20 and a consumable 30) comprising:
a controller configured to: monitor an amount of puffing time or a number of puffs over a moving time window ([0040], Fig. 1; Aerosol provision device 20 includes control circuitry 28. [0010], The control circuitry may be 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. [0081], the control circuitry 28 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),
determine an end of the puffing session based the monitoring, wherein determining the end of the puffing session based the monitoring comprises determining the end of the puffing session when the amount of puffing time exceeds a puffing time threshold during the moving time window ([0081], the control circuitry 28 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. [0077], The notification could also be a change in a mode of operation of the aerosol provision system 10 which the user would detect, such switching off, disabling or otherwise preventing electrical power from being supplied to the aerosol generator 36. If the control circuitry 28 turns the device off, it is reasonably understood that the controller determines the end of the puffing session when the period threshold is exceeded),
the controller further configured to execute: allowing the user to select the puffing time threshold ([0085], The control circuitry 28 may be configured to alter one or more thresholds described above based on the default user behavior, such as the puff threshold, session threshold or period threshold. Alternatively or in addition, the user may be able to alter one or more of the thresholds).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the device of Bowen in view of Ross wherein determining the end of the puffing session based the monitoring comprises determining the end of the puffing session when the number of puffs exceeds a puff number threshold during the moving time window, the controller further configured to execute: allowing the user to select the puff number threshold as taught by Rosser because Bowen and Rosser are directed to aerosol generating devices, Bowen states that the controller determines the end of the puffing session but does not state how the determination is made (Bowen, [0223], Fig. 7; Block 740), Rosser demonstrates that the end of a puffing session can be determined by a puff number threshold being exceeded (Rosser, [0077], [0081]), Rosser demonstrates that allowing the user to select the puff number threshold allows the user to personalize or otherwise tailor the operation of the device to their needs (Rosser, [0085), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 8, Bowen in view of Rosser teaches the aerosol-generating device of claim 3, but does not teach the device wherein the moving time window is 30 minutes.
Rosser, directed to aerosol generating devices ([0002]-[0003]), teaches an aerosol generating device ([0032], Fig. 1; Aerosol provision system 10 comprises an aerosol provision device 20 and a consumable 30) comprising:
a controller configured to: monitor an amount of puffing time or a number of puffs over a moving time window ([0040], Fig. 1; Aerosol provision device 20 includes control circuitry 28. [0010], The control circuitry may be 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. [0081], the control circuitry 28 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),
wherein the moving time window is 30 minutes ([0057]-[0058], The predetermined rolling time period can range from 1 minute to 24 hours).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device wherein the moving time window is 30 minutes, Bowen and Rosser are directed to aerosol generating devices, Bowen does not provide an example range of durations of the time window (Bowen, [0222]-[0223], Fig. 7), and Rosser demonstrates that 30 minutes is a suitable duration for a moving time window (Rosser, [0057]-[0058]).
Regarding Claim 10, Bowen in view of Rosser teaches the aerosol-generating device of claim 9. Bowen further teaches the device wherein the user interface device is a cellular telephone ([0044], Fig. 5; Digital device 305 (user interface device) may be a hand-held mobile device such as a smartphone, and may communicate with vaporizer 100; and Rosser, [0078], the remote device may include a mobile device (such as a smartphone)).
Regarding Claims 11-12, Bowen in view of Rosser teaches the aerosol-generating device of claim 3. Bowen further teaches the device wherein the puffing session end notification comprises a somatosensory output to the user, wherein the somatosensory output comprises a vibration ([0140], Vaporizer 100 may provide feedback or an indication to the user to signify a status or completion of a session. The feedback/indication can comprise one or more device cues such as haptic cues, visual cues, audio cues. [0142], The haptic cue may be a vibration).
Regarding Claim 13, Bowen in view of Rosser teaches the aerosol-generating device of claim 3, but does not teach the device wherein the puffing session end notification comprises turning off the aerosol-generating device.
Rosser, directed to aerosol generating devices ([0002]-[0003]), teaches an aerosol generating device ([0032], Fig. 1; Aerosol provision system 10 comprises an aerosol provision device 20 and a consumable 30) comprising:
a controller configured to: monitor an amount of puffing time or a number of puffs over a moving time window ([0040], Fig. 1; Aerosol provision device 20 includes control circuitry 28. [0010], The control circuitry may be 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. [0084], the control circuitry 28 may be configured to provide a notification to the user when the indication of the amount of an ingredient delivered from the aerosol-generating material 38 to the user during the rolling predetermined period exceeds a period threshold),
determine an end of the puffing session based the monitoring ([0084], the control circuitry 28 may be configured to provide a notification to the user when the indication of the amount of an ingredient delivered from the aerosol-generating material 38 to the user during the rolling predetermined period exceeds a period threshold. [0077], The notification could also be a change in a mode of operation of the aerosol provision system 10 which the user would detect, such switching off, disabling or otherwise preventing electrical power from being supplied to the aerosol generator 36. If the control circuitry 28 turns the device off, it is reasonably understood that the controller determines the end of the puffing session when the period threshold is exceeded),
provide a puffing session end notification to the user indicative of the end of the puffing session in response to determination of the end of the puffing session, wherein the puffing session end notification comprises turning off the aerosol-generating device ([0077], The notification could also be a change in a mode of operation of the aerosol provision system 10 which the user would detect, such switching off, disabling or otherwise preventing electrical power from being supplied to the aerosol generator 36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the device of Bowen in view of Ross wherein the puffing session end notification comprises turning off the aerosol-generating device as taught by Rosser because Bowen and Rosser are directed to aerosol generating devices, Rosser demonstrates that turning off the aerosol-generating device is an equivalent notification to haptic cues, audio cues, or visual cues (Rosser, [0077]), and this involves substituting one type of notification for another to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, PHILIP Y. LOUIE can be reached on (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755