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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 9, 10, 12, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Daugherty et al. (US 2021/0298363).
Claim 1. Daugherty et al. discloses an aerosol delivery device which operates when unlocked responsive to authentication. The authentication may first include an age verification before an authentication allows for operation of the device ([0005]). The aerosol delivery device may include a control body 302 (aerosol generating unit) and an aerosol source member 304 (cartridge) ([0075]). The aerosol source member 304 may comprise a heated end 406, which is configured to be inserted into the control body 302, and a mouth end 408, upon which a user draws to create the aerosol. In various implementations, at least a portion of the heated end may include an aerosol precursor composition 410 ([0076]). One or more conductive heating elements (heater) are used to heat the aerosol precursor composition 410 of the aerosol source member 304 ([0080]). The control body includes a sensor which may include an audio detector 1402 (authentication signal detecting unit) which detects a control signal that is used for authentication. Upon authentication, the switch 910 (controller) may be triggered to allow operation of the device. The processing circuitry 912 (authentication signal processing unit) is configured to process the control signal and determine if it matches the correct signal saved in the memory chip ([0114]). The device communicates with an age verification system 1102 through a network 1103 and a host device 1104 (external device), in order to verify the user's age ([0119]). The host device 1104 may be any computing device, such as a smartphone, tablet, or computer. The host device 1104 may communicate with or provide the control signal 1105 to the device 1106 for authentication. The control signal 1105 from the host device 1104 to the device 1106 may be an audio signal ([0125]).
Claims 2 and 3. Daugherty et al. discloses that the age verification system 1102 provides an indication as to whether a user is of an appropriate age for usage of a particular product, such as an aerosol delivery device ([0127]). The device may include a battery for powering the device, which is only activated when the device 1106 receives the authenticated control signal 1105. In other words, the flow of electricity is allowed if authentication from age verification passes. Alternatively, the flow of electricity may be stopped if the authentication or age verification fails ([0137]). The default state of the device may be with the switch not connected and the switch is connected upon authentication (which may be based on verification) ([0082]).
Claim 4. Daugherty et al. discloses that the control signal 1105 from the host device 1104 to the device 1106 may be an audio signal ([0125]).
Claim 5. Daugherty et al. discloses that the control body 302 includes a control component that controls the various functions of the aerosol delivery device, including providing power to the electrical heating element. The control component may include processing circuitry (which may be connected to further components, as further described herein) that is connected by electrically conductive wires to the power source 524. In various implementations, the processing circuitry may control when and how the heating assembly 528, and particularly the heater prongs, receives electrical energy to heat the aerosol precursor composition 410 for release of the inhalable substance for inhalation by a consumer (predetermined heat generating mode) ([0093]).
Claim 6. Daugherty et al. discloses that the processing circuitry 912 (authentication signal processing unit) is configured to output a pulse width modulation (PWM) signal. A duty cycle of the PWM signal is adjustable to cause the switch to switchably connect and disconnect the output voltage to the aerosol production component ([0114]).
Claims 9 and 10. Daugherty et al. discloses the aerosol generating device of claim 1 wherein the host device 1104 (authentication providing device), such as a smartphone, tablet, or computer, may communicate with or provide the control signal 1105 to the device 1106 for authentication ([0125]). The control signal 1105 from the host device 1104 to the device 1106 may be an audio signal 1302. The audio signal 1302 may include a tone sequence. The audio signal 1302 or tone sequence could be a series of pulses, such as long and short that are similar to Morse code. In alternative embodiments, different types of sequences may be used that have increases and/or decreases in amplitude and/or frequency. The serial number or identifier may be converted to authentication tone at the age verification system 1102 (authentication unit) or through software used by an operator. This conversion may be through software (authentication signal generating unit). One example of such software may include a conversion into Morse code. The translation of the serial number or identifier is a conversion into a series of dots and dashes for the Morse code example. This Morse code signal can be audibly played to the device 1106, which detects the code with the signal detector 1107 and translates the code with the translator 1207. The control signal 1105 may refer to the converted signal that is then translated back to the identifier by the device 1106 ([0144]). The audio signal 1302 may be referred to as an authentication tone and may be a low frequency pressure wave. In one embodiment, the wave may be on the lower end of functionality for a basic phone speaker (authentication signal output unit) that is used in most smartphones or cell phones ([0148]).
Claim 12. Daugherty et al. discloses that the sensor 908 may further include the audio detector 1402. The sensor 908 may detect a control signal (authentication signal) that is used for authentication. Upon authentication, the switch 910 (controller) may be triggered to allow operation of the device. The processing circuitry 912 may be configured to authenticate and/or verify the age of a user, and to output a signal to cause the switch 910 to switchably connect and disconnect an output voltage from the power source 904 to the aerosol production component 916 to power the aerosol production component for an aerosol-production time period or based on usage (predetermined heat generating mode) ([0114]).
Claim 13. Daugherty et al. discloses that the audio signal 1302 (authentication signal) may be referred to as an authentication tone and may be a low frequency pressure wave. In one embodiment, the wave may be on the lower end of functionality for a basic phone speaker (authentication signal output unit) that is used in most smartphones or cell phones ([0148]).
Claims 1-4 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lukan et al. (US 2025/0338897).
Claim 1. Lukan et al. discloses a security tag to prohibit unauthorized usage of an electronic nicotine delivery system ([0028]). The security tag provides functionality for authentication, which may be based on age verification. The security tag may prevent usage and/or disable usage unless authentication is performed ([0029]). The device may be configured to produce an aerosol from an aerosol precursor composition (consumable). The aerosol precursor composition may comprise one or more of a solid tobacco material, a semi-solid tobacco material, a liquid aerosol precursor composition, or a gel aerosol precursor composition ([0031]). The aerosol delivery device may include an aerosol production component configured to produce an aerosol from the aerosol precursor composition. In the case of an electronic cigarette or a heat-not-burn device, for example, the aerosol production component may be or include a heating element ([0039]). The electronic nicotine delivery system may be an aerosol delivery device 100 including a control body 102 and a cartridge 104 ([0052]; Figure 2). The control body can be formed of a housing 206 that can include a control component 208 (controller), a flow sensor 210, a power source 212 (power supply), and an indicator 214. The control component may include a switch and processing circuitry coupled to the flow sensor and the switch ([0054]; Figure 2). The cartridge 104 (aerosol generating unit) can be formed of a housing 216 enclosing a reservoir 218 configured to retain the aerosol precursor composition (consumable), and including a heating element 220 (heater) ([0055]; Figure 2). The device 1102 comprises a security tag 1104 attached to a control body of the device 1102. The security tag 1104 prevents a cartridge from being coupled with the device 1102. The security tag 1104 can be considered a lock on the device 1102 that requires unlocking (by authentication) for usage of the device 1102 ([0113]). Upon authentication (e.g. age verification), the security tag 1204 can be removed without damaging the device 1202 or rendering it inoperable ([0115]). The security tag 1104/1204 can be removed upon proper authentication, such as age verification. After proper removal, the device 1102/1202 operates as if the security tag 1104/1204 was not applied ([0116]). To unlock the security tag, an audio signal 1310 (authentication signal output) may be detected by the security tag with a pressure sensor 1507 and/or a microphone 1508 (authentication signal detecting unit) ([0125]). The audio signal 1310 may be referred to as an authentication tone and may be a low frequency pressure wave. In one embodiment, the wave may be on the lower end of functionality for a basic phone speaker that is used in most smartphones or cell phones (external device) ([0126]). Processing circuitry 912 (authentication signal processing unit) is configured to verify the age of a user, and to output a signal to cause switch 910 (part of the control component) to switchably connect and disconnect an output voltage from the power source 904 to the aerosol production component 916 to power the aerosol production component ([0105]).
Claims 2, 3, and 4. Lukan discloses that the security tag provides functionality for authentication, which may be based on age verification. The security tag may prevent usage and/or disable usage unless authentication is performed ([0029]). To unlock the security tag, an audio signal 1310 (authentication signal output) may be detected by the security tag with a pressure sensor 1507 and/or a microphone 1508 (authentication signal detecting unit) ([0125]). The audio signal 1310 may be referred to as an authentication tone and may be a low frequency pressure wave. In one embodiment, the wave may be on the lower end of functionality for a basic phone speaker that is used in most smartphones or cell phones (external device) ([0126]). Processing circuitry 912 (authentication signal processing unit) is configured to verify the age of a user, and to output a signal to cause switch 910 (part of the control component) to switchably connect and disconnect an output voltage from the power source 904 to the aerosol production component 916 to power the aerosol production component ([0105]).
Claim Rejections - 35 USC § 103
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Daugherty et al. (US 2021/0298363) in view of Cazzoli et al. (US 2022/0053836).
Claim 7. Daugherty et al. discloses the aerosol delivery device of claim 1 but does not explicitly disclose that the controller is configured to switch the state of the aerosol generating device to the locked state when the cartridge mounted in the aerosol generating unit is removed in the unlocked state.
Cazzoli et al. discloses a vaporizer device comprising a controller 104 which may transition the vaporizer 100 to an inactive state in which the vaporizer 100 is incapable of vaporizing the vaporizable material 102 included in the vaporizer cartridge 120. For example, prior to a first use of the vaporizer 100, the vaporizer 100 may be locked in an inactive state to prevent use of the vaporizer 100. Alternatively and/or additionally, the vaporizer 100 may transition from an active state to an inactive state in response to the removal and/or insertion of the vaporizer cartridge 120, a period of inactivity more than a threshold length of time, a failed authorization, and/or the like ([0094]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Daugherty et al. to switch the state of the aerosol generating device to the locked state in response to the removal and/or insertion of the vaporizer cartridge as taught by Cazzoli et al. in order to prevent unauthorized use of the device.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Daugherty et al. (US 2021/0298363) in view of Guo (US 2022/0400771).
Claim 8. Daugherty et al. discloses the aerosol delivery device of claim 1 wherein the control body comprises a puff sensor ([0074]) but does not explicitly disclose that the controller is configured to calculate a number of puffs based on the puff action detected by the puff sensor, and when the calculated number of puffs exceeds a predetermined threshold, the controller is configured to switch the aerosol generating device to the locked state.
Guo discloses a personal smoking cessation device comprising a cartridge. A maximum number of drags is defined which corresponds to the volume of the cartridge. When the maximum number of drags (predetermined threshold for number of puffs) is reached, the cartridge locks and can no longer be used ([0042]).
Guo teaches that this feature prevents the cartridge from being refilled, for example, with harmful ingredients, and resold on the black market, and removes the economic benefit of illicit or counterfeit trade. This feature also can be useful in situations in which the content is a controlled (e.g., THC) or potentially hazardous (e.g., nicotine) substance ([0042]). It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Daugherty et al. to lock after he calculated number of puffs exceeds a predetermined threshold in order to prevent the cartridge from being refilled with harmful ingredients and resold as taught by Guo ([0042]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Daugherty et al. (US 2021/0298363) in view of Schmidlin et al. (US 2021/0251291).
Claim 11. Daugherty et al. discloses the authentication system of claim 9 wherein an optical detector 1502 may include a reader 1510 for scanning a QR or other bar code that is displayed on the app or webpage which corresponds to age verification with the age verification system 1102. The reader 1510 of such embodiments scans this QR code which enables the device to be unlocked ([0155]). Daugherty et al. discloses using a QR code for age verification but does not explicitly disclose performing genuine authentication by recognizing a QR code of the cartridge mounted in the aerosol generating device.
Schmidlin et al. discloses an electronic cigarette comprising encoded authentication information which may be stored in an optical code. An optical code may be provided as a barcode or a QR code ([0013]). Authentication information may be provided by the cartridge 20, encoded within an optical code. In one arrangement the mirror 52 may be adapted to reflect and modulate light from the LED 48. The modulation to the reflected light can include the authentication information which can then be detected at the photodiode 50. This may be used by the control electronics 21 to ensure that the main body 4 is used only with authentic cartridges 20. In an alternative arrangement the optical code may be provided as a barcode or a QR code ([0085]).
It would have been obvious to one of ordinary skill in the art before the effective filing date that the verification system 1102 (authentication unit) of Daugherty et al. be modified to perform genuine authentication by recognizing a QR code of the cartridge, as taught by Schmidlin et al., in order to ensure that the device is only used with authentic cartridges.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael 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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/KATHERINE A WILL/Primary Examiner, Art Unit 1747