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) 1-11, 15-18, 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MORENO RODRIGUEZ (WO 2020/007726).
Moreno Rodriguez teaches a system comprising a non-combustible aerosol provision device comprising one or more controllers (page 2 lines 5-10); and an identifier reader configured to read an identifier associated with one or more consumables (page 2 lines 12-16), wherein the one or more controllers are configured to record the number of readings of the identifier and perform an action in response to the recorded number of readings reaching a predetermined value (page 14 line 30 – page 15 line 17).
Regarding claim 2, Moreno Rodriguez teaches the one or more controllers are configured to record a reading of the identifier in response to receiving a command signal (page 14 line 33 – page 15 line 7).
Regarding claim 3, Moreno Rodriguez teaches a user- operable control element, wherein the user-operable control element is configured to generate the control signal (page 14 lines 26-30).
Regarding claim 4, Moreno Rodriguez teaches a sensor configured to detect engagement of the consumable with the non-combustible aerosol provision device and generate the command signal in response to detecting the engagement of the consumable (page 14 lines 23-26).
Regarding claim 5, Moreno Rodriguez teaches the one or more controllers are configured to determine a number of consumables contained within a package based on data received from an initial reading of the identifier (page 14 lines 4-6).
Regarding claim 6, Moreno Rodriguez teaches the one or more controllers are configured to set the determined number of consumables as the predetermined value (page 14 lines 4-19).
Regarding claim 7, Moreno Rodriguez teaches the identifier reader is configured to read a plurality of identifiers, each of the identifiers associated with a corresponding type of the one or more consumables (page 2 lines 12-16), and wherein the one or more controllers are configured to record the number of readings of each of the identifiers and to perform the action in response to any of the recorded numbers of the readings reaching the predetermined value (page 16 lines 4-16).
Regarding claim 8, Moreno Rodriguez teaches the one or more controllers are configured to not record any reading performed in a predetermined time interval after a previous reading (page 7 lines 25-28).
Regarding claim 9, Moreno Rodriguez teaches a power source (11) and a heating assembly (8) connected to the power source.
Regarding claim 10, Moreno Rodriguez teaches the one or more controllers are configured to prevent the power source from supplying power to the heating assembly until a reading of the identifier is recorded (page 14 lines 4-11).
Regarding claim 11, Moreno Rodriguez teaches the one or more controllers are configured to, in response to the recorded number of readings reaching the predetermined value, prevent the power source from supplying power to the heating assembly (page 15 lines 4-7).
Regarding claim 15, Moreno Rodriguez teaches the identifier reader is configured to read the identifier using wireless communication (page 15 lines 20-21).
Regarding claim 16, Moreno Rodriguez teaches the non-combustible aerosol provision device (5) comprises the one or more controllers (7) and the identifier reader (6).
Regarding claim 17, Moreno Rodriguez teaches the system comprises a user terminal (page 8 lines 4-30) and a plurality of the controllers (page 14 line 23- page 15 line 17), and wherein the non-combustible aerosol provision device (5) comprises one of the plurality of the controllers (7) and the user terminal comprises another one of the plurality of the controllers (page 8 lines 4-30).
Regarding claim 18, Moreno Rodriguez teaches the non- combustible aerosol provision device comprises the identifier reader (6).
Regarding claim 21, Moreno Rodriguez teachers a control method of a non-combustible aerosol provision device for use with a consumable, the method comprising: performing readings of an identifier associated with one or more consumables (page 14 lines 4-19); recording a number of the readings (page 14 line 33 – page 15 line 7); and performing an action in response to the number of the readings reaching a predetermined value (page 15 lines 4-7).
Claim Rejections - 35 USC § 103
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) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over MORENO RODRIGUEZ (WO 2020/007726) in view of BOWEN et al. (US 2018/0043114).
Moreno Rodriguez teaches a system comprising a non-combustible aerosol provision device comprising one or more controllers (page 2 lines 5-10); and an identifier reader configured to read an identifier associated with one or more consumables (page 2 lines 12-16), wherein the one or more controllers are configured to record the number of readings of the identifier and perform an action in response to the recorded number of readings reaching a predetermined value (page 14 line 30 – page 15 line 17).
Moreno Rodriguez is silent to a feedback element.
Bowen teaches a system comprising a non-combustible aerosol provision device comprising one or more controllers (para. 0041); and an identifier reader configured to read an identifier associated with one or more consumables (para. 0043). Bowen teaches that the non-combustible aerosol provision device comprises a feedback element (para. 0053), wherein the one or more controllers are configured to control the feedback element to provide feedback to a user (para 0078).
It would have been obvious to one of ordinary skill in the art to modify the non-combustible aerosol provision device of Moreno Rodriguez with the feedback element of Bowen because Bowen teaches that this provides for the device to interact with the user (para. 0263).
Regarding claim 13, Moreno Rodriguez teaches that the device is operated in a first mode when the recorded of number of readings is less than the predetermined value, and to operate in a second mode when the recorded number of readings is equal to or greater than the predetermined value (page 6 lines 16-24). Moreno Rodriguez teaches that device can communicate with the user that the consumable needs to be replaced (page 6 lines 21-24) and Bowen teaches that the feedback element provides interaction with the user (para. 0263).
Regarding claim 14, Bowen teaches that the feedback element comprises a light source (para. 0053).
Response to Arguments
Applicant's arguments filed December 18, 2025 have been fully considered but they are not persuasive.
Applicant argues on pages 5-6 that the controller and reader of Moreno Rodriguez do not function differently based on the number of times an identifier is read; however, this is not a limitation of instant claims 1 and 21. The claims simply require that the controllers perform an action, which is taught in page 14 line 30 – page 15 line 17 of Moreno Rodriguez.
Conclusion
THIS ACTION IS MADE FINAL. 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