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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/20/2026 has been entered.
Response to Arguments
Applicant’s arguments, filed 03/20/2026, with respect to the previous rejection have been fully considered and are persuasive. The rejections of claims 14, 15 and 17 has been withdrawn. However, a new ground of rejection is made below in view of WO2020/193213
Election/Restrictions
Claims 1-13 and 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06/06/2025.
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 14, 15, and 17 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by Lord et al. (WO 2020/193213 A1).
Regarding claim 14, Lord teaches a display device comprising:
multiple display elements arranged in a row (a plurality of light-emitting diodes (LEDs) 211 arranged linearly along the longitudinal axis of device 201 and on an outer surface of body 209) ¶ [0109];
configured to display a state of an apparatus during operation of the apparatus (controller 208 controls LEDs 211 in response to a detected condition of device 201, including to indicate whether device 201 is in an on state or an off state) ¶ [0137];
a controller configured to receive signals from the apparatus (controller 208 receives a signal from a sensor that detects movement of cap 210 away from body 209 of device 201) ¶ [0126];
wherein, when an error has occurred in the apparatus (the detected condition that cap 210 has been lifted or removed from body 209 while device 201 is operating) ¶ [0020], ¶ [0126], the controller executes control to display occurrence of the error with the multiple display elements (controller 208 sends a signal causing a selected LED 211 of the plurality of LEDs 211 to illuminate in response to detecting movement of cap 210 away from body 209) ¶ [0126]; and
wherein the error is that a member for protecting the apparatus is detached from the apparatus (cap 210, which covers and provides access to internal components of device 201, including a heater, is lifted or removed from device 201 during operation) ¶ [0020].
Applicant’s Specification expressly defines removal of a member protecting the inhaler device as a “panel error.” Specification ¶ [0061]. Lord teaches the same condition by detecting that cap 210 has been lifted or removed from device 201 during operation and displaying that condition using LED 211. Lord ¶ [0020], ¶ [0126]. Accordingly, Lord teaches the claimed error.
Regarding claim 15, Lord further teaches wherein the controller executes control to display the occurrence of the error with the multiple display elements in a display mode corresponding to a type of the error (controller 208 causes LED 211 to illuminate in a particular color different from the color ordinarily used to indicate other device functions upon detecting movement of cap 210) ¶ [0126].
Lord also teaches distinct display modes corresponding to different detected event types, including a steady LED alert for a user-misuse event and a flashing LED alert for a device-error event. ¶ [0136].
Regarding claim 17, Lord further teaches wherein the controller executes control to display the occurrence of the error with the multiple display elements when a manipulation for shifting to an inhibited state is performed when the error has occurred (upon detecting that cap 210 has been lifted away from body 209 during operation, controller 208 causes a selected LED 211 to illuminate and deactivates heater 204 by preventing power from being supplied thereto, thereby shifting device 201 to an inhibited operating state) ¶ [0126].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER KESSIE whose telephone number is (571)272-7739. The examiner can normally be reached Monday - Thursday 7:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at (571) 270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER A KESSIE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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