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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 7, 2026 has been entered.
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) 1-3, 7, 10, 15-18, and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ZOMINY et al. (WO 2020/070259).
Zominy teaches a system comprising a non-combustible aerosol provision device (see figure 6A) for use with a consumable (3, page 10 lines 4-5), wherein the non-combustible aerosol provision device comprises a power source (page 14 lines 18-20) and a heating assembly (11) connected to the power source; one or more controllers (page 4 line 17); and an identifier reader configured to read an identifier associated with one or more consumables (page 4 lines 27-32), 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 18 line 30-page 19 line 26); determine a number of consumables contained within a package based on data received from an initial reading of the identifier (page 19 lines 12-14); set the determined number of consumables as the predetermined value (page 19 lines 13-14); and in response to the recorded number of readings reaching the predetermined value, prevent the power source from supplying power to the heating assembly (page 19 lines 15-19).
Regarding claim 2, Zominy teaches the one or more controllers are configured to record a reading of the identifier in response to receiving a command signal (page 19 lines 23-26).
Regarding claim 3, Zominy teaches a user- operable control element, wherein the user-operable control element is configured to generate the control signal (page 19 lines 23-26).
Regarding claim 7, Zominy taches 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, 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 18 line 30-page 19 line 26).
Regarding claim 10, Zominy 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 10 lines 32-34, page 19 lines 3-6, 25-26).
Regarding claim 15, Zominy teaches the identifier reader is configured to read the identifier using wireless communication (page 19 lines 1-6).
Regarding claim 16, Zominy teaches the non- combustible aerosol provision device comprises the one or more controllers and the identifier reader (page 19 lines 1-6).
Regarding claim 17, Zominy teaches the system comprises a user terminal and a plurality of the controllers (page 10 lines 10-34, page 19 lines 24-26), and wherein the non-combustible aerosol provision device comprises one of the plurality of the controllers (page 10 lines 18-19) and the user terminal comprises another one of the plurality of the controllers (page 10 lines 28-32).
Regarding claim 18, Zominy teaches the non- combustible aerosol provision device comprises the identifier reader (page 19 lines 3-4).
Regarding claim 21, Zominy teaches a control method of a non-combustible aerosol provision device (see figure 6A) for use with a consumable (3, page 10 lines 4-5), wherein the non-combustible aerosol provision device comprises a power source (page 14 lines 18-20) and a heating assembly (11) connected to the power source. Zominy teaches performing readings of an identifier associated with one or more consumables (page 19 lines 3-4); determining a number of consumables contained within a package based on data received from an initial reading of the identifier (page 19 lines 10-13); setting the determined number of consumables as predetermined value (page 19 lines 13-14); recording a number of the readings (page 19 lines 15-17); and performing an action in response to the number of the readings reaching the predetermined value (page 19 lines 18-20), wherein the action comprises preventing the power source from supplying power to the heating assembly (page 19 lines 18-20).
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) 4, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZOMINY et al. (WO 2020/070259) in view of MORENO RODRIGUEZ (WO 2020/007726).
Zominy teaches a system comprising a non-combustible aerosol provision device (see figure 6A) for use with a consumable (3, page 10 lines 4-5). Zominy teaches that a disadvantage to using only puff counters is that puff counters do not have the capability to detect the insertion of a new body of aerosol generating material (page 2 lines 1-2).
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 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).
It would have been obvious to one of ordinary skill in the art to include a sensor in the device of Zominy 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 because Morena Rodriguez teaches that this provides an additional verification of the consumable (page 14 lines 23-24).
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).
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over ZOMINY et al. (WO 2020/070259) in view of BOWEN et al. (US 2018/0043114).
Zominy teaches a system comprising a non-combustible aerosol provision device (see figure 6A) for use with a consumable (3, page 10 lines 4-5).
Zominy 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 Zominy 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, Zominy teaches that a message can be displayed for the user when the recorded number of readings is equal to or greater than the predetermined value (page 19 lines 19-20); which reads on operating in a second mode when the recorded number of readings is equal to or greater than the predetermined value. Bowen teaches that the one or more controllers are configured to control the feedback element to display the remaining draws of a consumable (para. 0123), which reads on operating in a first mode when the recorded of number of readings is less than the predetermined value. It would have been obvious to one of ordinary skill in the art to modify the device of Zominy to display the remaining draws of a consumable as taught by Bowen because this would allow the user to buy any replacement consumables before the current consumable is empty.
Regarding claim 14, Bowen teaches that the feedback element comprises a light source (para. 0053).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4, 7, 8, 10, 12-18, and 21 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 am - 6 pm.
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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