DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to applicant’s amendments and remarks filed June 9, 2026. Claims 1 and 13 have been amended. Claims 25-32 are new. Claims 1-32 are pending and stand rejected.
Claim Rejections - 35 USC § 112
Claims 30-32 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 30-32 recites the limitation "the user account". There is insufficient antecedent basis for this limitation in the claim. Examiner believes that these claims were meant to be recited as depending from claim 28 where “a user account” is first introduced. Examination will proceed as if claims 30-32 depend from claim 28.
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 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.
Claims 1-6, 8-18, and 20-32 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200315259 A1 (hereinafter HUBBARD).
Regarding claim 1, HUBBARD discloses a charger for an electronic delivery system including aerosol delivery devices providing functionality for authentication (abstract). HUBBARD discloses an apparatus (Figs. 11a-11b, accessory 1104, ¶124) for access control of an aerosol provision device (Figs. 11a-11b, device 1106, ¶124). HUBBARD further discloses the apparatus comprising a housing (¶53, ¶138, ¶154) structured to engage the aerosol provision device, and thereby engage the aerosol provision device with the apparatus (¶39). HUBBARD discloses that the accessory, such as a charger connects with the electronic nicotine delivery system (¶39). HUBBARD discloses a communication interface configured to enable a data connection with the aerosol provision device, when the aerosol provision device is engaged with the apparatus (Fig. 18, ¶152-¶153). HUBBARD discloses that a data communication 1804 handshake occurs between the data pin connection. HUBBARD further discloses processing circuitry configured to send an unlock signal (¶7) to the aerosol provision device over the data connection to cause the aerosol provision device to unlock and thereby enable use of the aerosol provision device to power an aerosol generator (¶51, the heater is an aerosol generator) to energize an aerosol-generating material to generate aerosol for delivery to a user (¶14, ¶41). HUBBARD discloses that an unlock signal is sent that may include age verification and that when that unlock signal is sent the power supply enable charging of the battery and that the device will not be powered without the authentication (¶7-¶10).
HUBBARD further teaches wherein the processing circuitry is further configured to verify that the aerosol provision device is one of one or more aerosol provision devices linked to the apparatus, and the processing circuitry is configured to send the unlock signal when the aerosol provision device is verified as linked to the apparatus.
HUBBARD teaches that he circuitry for controlling the aerosol provision device (i.e. device 1106) is open to many modifications and applications as broadly encouraged in the specification (¶162). In particular in the example flow charts in Figs. 20-21, it is taught that the device is purchased, verified, operates and then when the device needs to be charged it is reauthenticated through a user account (¶161). This is a teaching of the circuitry verifying that the device is already linked and then requiring reauthentication. Though the disclosure also provides for a time held authentication (¶117, ¶119). HUBBARD teaches that the periodicity of re-authentication may be based on time, number of puffs, charging status and/or other triggers (¶131). In these situations it is understood that the apparatus (i.e. accessory 1104) recognizes the device as illustrated in Figs. 20-21 and reauthentication occurs.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have broadly apply these modifications and embodiments to the base device and authentication process of HUBBARD to reauthenticate the same provision device through previous age verification of a user with predictable results. This would ensure proper usage of the same device through reauthentication (HUBBARD ¶131).
Regarding claim 2, HUBBARD discloses the apparatus of claim 1 as discussed above. HUBBARD further discloses the apparatus is activated for use by the user, and activation of the apparatus includes verification that the user is of an age allowed to use the aerosol provision device (¶7), and wherein the processing circuitry is configured to send the unlock signal that includes authentication information interpretable by the aerosol provision device to indicate the user is verified (¶10-¶11, ¶15, ¶148).
Regarding claim 3, HUBBARD discloses the apparatus of claim 1 as discussed above. HUBBARD further discloses the communication interface is configured to enable the data connection when and only for so long as the aerosol provision device is engaged with the apparatus (¶15, ¶144, ¶152-¶153).
Regarding claim 4, HUBBARD discloses the apparatus of claim 1 as discussed above. HUBBARD further discloses the apparatus further comprises a user interface configured to receive input that uniquely identifies the user. HUBBARD discloses multiple user interfaces configured to receive input (¶147-¶151). Specifically, HUBBARD discloses that the charger accessory (i.e. apparatus) may include some form of finger print reader for verifying the user (¶150). HUBBARD discloses that the processing circuitry is configured to process the input to authenticate the user, and send the unlock signal when the user is authenticated (¶7, ¶64).
Regarding claim 5, HUBBARD discloses the apparatus of claim 1 as discussed above. HUBBARD further discloses the housing includes a receptacle structured to receive a portion of the aerosol provision device, and thereby engage the aerosol provision device with the apparatus (¶128).
Regarding claim 6, HUBBARD discloses the apparatus of claim 5 as discussed above. HUBBARD further discloses the apparatus is embodied as a sleeve for the aerosol provision device, and the receptacle is formed in the housing and sized to fit the portion of the aerosol provision device that is receivable into the receptacle (¶128).
Regarding claim 8, HUBBARD discloses the apparatus of claim 1 as discussed above. HUBBARD further discloses the housing includes a port structured to receive a cable connected to the aerosol provision device, and thereby engage the aerosol provision device with the apparatus (¶12, ¶127).
Regarding claim 9, HUBBARD discloses the apparatus of claim 8 as discussed above. HUBBARD further discloses various examples of the aerosol provision device, for example Fig. 2. As can be seen in Fig. 2, the aerosol provision device includes a power source (Fig. 2, power source 212, ¶64). HUBBARD further discloses the cable is configured to provide a power connection between the apparatus and the aerosol provision device (¶128). HUBBARD further discloses the apparatus further comprises: a built-in power source (Fig. 11b, power supply 1108, ¶124, ¶127-¶128, ¶137). HUBBARD further discloses and discharging circuitry configured to discharge the built-in power source to charge the power source of the aerosol provision device over the cable (¶124, ¶127-¶128, ¶137) the transfer of power from the apparatus to the aerosol provision device is considered to be discharging circuitry.
Regarding claim 10, HUBBARD discloses the apparatus of claim 9 as discussed above. HUBBARD further discloses the aerosol provision device is configured to automatically lock responsive to a low-voltage condition in which the voltage level of the power source is below a specified cutoff voltage (¶116). HUBBARD further discloses the processing circuitry is configured to send the unlock signal to cause the aerosol provision device to unlock, when the aerosol provision device is engaged with the apparatus to charge the power source of the aerosol provision device (¶136). Further this limitation is considered to be a recitation of intended use. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Here the structure of HUBBARD is capable of sending lock/unlock signals based on voltage and engaging with the apparatus. Since HUBBARD enumerates the ability and conditions for locking and unlocking, the device is able to lock/unlock through the process with predictable results.
Regarding claim 11, HUBBARD discloses the apparatus of claim 1 as discussed above. HUBBARD further discloses the aerosol provision device is configured to periodically, automatically lock (¶10). HUBBARD discloses that the device cycles to require a new authentication each power cycle (¶10). HUBBARD further discloses the processing circuitry is configured to continuously send the unlock signal to cause the aerosol provision device to unlock, as the aerosol provision device is engaged with the apparatus (¶120).
Regarding claim 12, HUBBARD discloses the apparatus of claim 1 as discussed above. HUBBARD further teaches the apparatus further comprises a second communication interface configured to enable a second, wireless data connection that is separate and distinct from the data connection with the aerosol provision device. HUBBARD teaches in other embodiments that the communication port may be established wirelessly (¶141). HUBBARD teaches that this is a non-limiting embodiment and the connection may communicate through a network, but not limited to the network (¶141). HUBBARD further teaches that the network may be between a cluster of machines that are analyzing signals and sub-networks (¶142-¶143). A person of ordinary skill in the art would immediately recognize this as second, third, fourth, etc. data connections that may be done wirelessly with predictable results.
HUBBARD further teaches the processing circuitry is further configured to: activate a timer to measure an elapsed time (¶92). HUBBARD teaches that the energy may be supplied for a pre-determined length of time, this is considered to read upon activating a timer to keep time to turn off. HUBBARD further teaches discontinue the unlock signal to the aerosol provision device to allow the aerosol provision device to automatically lock and remain locked, responsive to a timeout condition in which no computer on a whitelist of one or more computers is in wireless range of the second communication interface when the elapsed time reaches a specified period of time (¶92). HUBBARD teaches that in use the electrical energy is only provided for a pre-determined length of time (¶92). HUBBARD teaches that the age if verified and the aerosol production is powered for a production time period (¶116). HUBBARD further teaches that the switch is turned off to produce aerosol after a time and then the steps of unlocking are repeated (¶119). Since the device cannot unlock after the predetermined time without connection to a computer this satisfies the claimed recitation with predictable results for not unlocking if the signal from the computer cannot be established. Further HUBBARD broadly teaches that the locking/unlocking need for reauthentication between the device and the accessory can be varied based on time, number of puffs, charges status, and/or other triggers (¶131).
Regarding claim 13, HUBBARD discloses a charger for an electronic delivery system including aerosol delivery devices providing functionality for authentication (abstract). HUBBARD discloses a method for operating with an age restricted device to verify the age of a user; without verification electrically current is not provided to the device (¶15). HUBBARD discloses engaging the aerosol provision device (Figs. 11a-11b, device 1106, ¶124) with an apparatus (Figs. 11a-11b, accessory 1104, ¶124) that includes a communication interface enabling a data connection with the aerosol provision device when the aerosol provision device is engaged with the apparatus (Fig. 18, ¶152-¶153). HUBBARD further discloses sending an unlock signal from the apparatus to the aerosol provision device over the data connection to cause the aerosol provision device to unlock and thereby enable use of the aerosol provision device to power an aerosol generator to energize an aerosol-generating material to generate aerosol for delivery to a user. HUBBARD discloses that an unlock signal is sent that may include age verification and that when that unlock signal is sent the power supply enable charging of the battery and that the device will not be powered without the authentication (¶7-¶10).
HUBBARD further teaches verifying that the aerosol provision device is one of one or more aerosol provision devices linked to the apparatus, and the processing circuitry is configured to send the unlock signal when the aerosol provision device is verified as linked to the apparatus.
HUBBARD teaches that he circuitry for controlling the aerosol provision device (i.e. device 1106) is open to many modifications and applications as broadly encouraged in the specification (¶162). In particular in the example flow charts in Figs. 20-21, it is taught that the device is purchased, verified, operates and then when the device needs to be charged it is reauthenticated through a user account (¶161). This is a teaching of the circuitry verifying that the device is already linked and then requiring reauthentication. Though the disclosure also provides for a time held authentication (¶117, ¶119). HUBBARD teaches that the periodicity of re-authentication may be based on time, number of puffs, charging status and/or other triggers (¶131). In these situations it is understood that the apparatus (i.e. accessory 1104) recognizes the device as illustrated in Figs. 20-21 and reauthentication occurs. A person of ordinary skill in the art would broadly apply these modifications and embodiments to the base device and authentication of HUBBARD with predictable results to reauthenticate through age verification a user. This would ensure proper usage of the same device through reauthentication (HUBBARD ¶131).
Regarding claim 14, HUBBARD discloses the method of claim 13 as discussed above. HUBBARD further discloses wherein the apparatus is activated for use by the user, and activation of the apparatus includes verification that the user is of an age allowed to use the aerosol provision device, and wherein the unlock signal that is sent includes authentication information interpretable by the aerosol provision device to indicate the user is verified (¶10-¶11, ¶15, ¶148).
Regarding claim 15, HUBBARD discloses the method of claim 13 as discussed above. HUBBARD further discloses the communication interface enables the data connection when and only for so long as the aerosol provision device is engaged with the apparatus (¶15, ¶144, ¶152-¶153)
Regarding claim 16, HUBBARD discloses the method of claim 13 as discussed above. HUBBARD further discloses the apparatus further comprises a user interface that receives input that uniquely identifies the user. HUBBARD discloses multiple user interfaces configured to receive input (¶147-¶151). Specifically, HUBBARD discloses that the charger accessory (i.e. apparatus) may include some form of finger print reader for verifying the user (¶150). HUBBARD further discloses and the method further comprises the apparatus: receiving the input that uniquely identifiers the user; and processing the input to authenticate the user, and sending the unlock signal when the user is authenticated (¶7, ¶64).
Regarding claim 17, HUBBARD discloses the method of claim 13 as discussed above. HUBBARD further discloses the apparatus includes a receptacle, and engaging the aerosol provision device with the apparatus includes receiving a portion of the aerosol provision device into the receptacle (¶128).
Regarding claim 18, HUBBARD discloses the method of claim 17 as discussed above. HUBBARD further discloses the apparatus is embodied as a sleeve for the aerosol provision device, and the receptacle is formed in the apparatus and sized to fit the portion of the aerosol provision device that is received into the receptacle (¶128).
Regarding claim 20, HUBBARD discloses the method of claim 13 as discussed above. HUBBARD further discloses the apparatus includes a port, and engaging the aerosol provision device with the apparatus includes receiving a cable connected to the aerosol provision device in the port (¶12, ¶127).
Regarding claim 21, HUBBARD discloses the method of claim 20 as discussed above. HUBBARD further discloses the aerosol provision device includes a power source(Fig. 2, power source 212, ¶64). HUBBARD further discloses the cable provides a power connection between the apparatus and the aerosol provision device (¶128). HUBBARD further discloses the apparatus further includes a built-in power source(Fig. 11b, power supply 1108, ¶124, ¶127-¶128, ¶137). HUBBARD further discloses discharging the built-in power source to charge the power source of the aerosol provision device over the cable (¶124, ¶127-¶128, ¶137) the transfer of power from the apparatus to the aerosol provision device is considered to be discharging circuitry.
Regarding claim 22, HUBBARD discloses the method of claim 21 as discussed above. HUBBARD further discloses the aerosol provision device automatically locks responsive to a low-voltage condition in which the voltage level of the power source is below a specified cutoff voltage (¶116). HUBBARD further discloses and wherein the unlock signal is sent to cause the aerosol provision device to unlock, when the aerosol provision device is engaged with the apparatus to charge the power source of the aerosol provision device (¶136). Further this limitation is considered to be a recitation of intended use. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Here the structure of HUBBARD is capable of sending lock/unlock signals based on voltage and engaging with the apparatus. Since HUBBARD enumerates the ability and conditions for locking and unlocking, the device is able to lock/unlock through the process with predictable results.
Regarding claim 23, HUBBARD discloses the method of claim 13 as discussed above. HUBBARD further discloses the aerosol provision device periodically, automatically locks HUBBARD discloses that the device cycles to require a new authentication each power cycle (¶10). HUBBARD further discloses the unlock signal is continuously sent to cause the aerosol provision device to unlock, as the aerosol provision device is engaged with the apparatus (¶120).
Regarding claim 24, HUBBARD discloses the method of claim 23 as discussed above. HUBBARD further teaches the apparatus further comprises a second communication interface that enables a second, wireless data connection that is separate and distinct from the data connection with the aerosol provision device. HUBBARD teaches in other embodiments that the communication port may be established wirelessly (¶141). HUBBARD teaches that this is a non-limiting embodiment and the connection may communicate through a network, but not limited to the network (¶141). HUBBARD further teaches that the network may be between a cluster of machines that are analyzing signals and sub-networks (¶142-¶143). A person of ordinary skill in the art would immediately recognize this as second, third, fourth, etc. data connections that may be done wirelessly with predictable results.
HUBBARD further teaches activating a timer to measure an elapsed time (¶92). HUBBARD teaches that the energy may be supplied for a pre-determined length of time, this is considered to read upon activating a timer to keep time to turn off. HUBBARD further teaches discontinuing the unlock signal to the aerosol provision device to allow the aerosol provision device to automatically lock and remain locked, responsive to a timeout condition in which no computer on a whitelist of one or more computers is in wireless range of the second communication interface when the elapsed time reaches a specified period of time. (¶92). HUBBARD teaches that in use the electrical energy is only provided for a pre-determined length of time (¶92). HUBBARD teaches that the age if verified and the aerosol production is powered for a production time period (¶116). HUBBARD further teaches that the switch is turned off to produce aerosol after a time and then the steps of unlocking are repeated (¶119). Since the device cannot unlock after the predetermined time without connection to a computer this satisfies the claimed recitation with predictable results for not unlocking if the signal from the computer cannot be established. Further HUBBARD broadly teaches that the locking/unlocking need for reauthentication between the device and the accessory can be varied based on time, number of puffs, charges status, and/or other triggers (¶131).
Regarding claim 25, HUBBARD discloses the apparatus of claim 1 as discussed above. HUBBARD further teaches wherein the processing circuitry configured to verify that the aerosol provision device is linked to the apparatus includes the processing circuitry configured to: receive a unique identifier of the aerosol provision device; match the unique identifier to a corresponding unique identifier of one of the one or more aerosol provision devices linked to the apparatus; and identify the aerosol provision device as one of the one or more aerosol provision devices, responsive to the match.
HUBBARD teaches that he circuitry for controlling the aerosol provision device (i.e. device 1106) is open to many modifications and applications as broadly encouraged in the specification (¶162). In particular HUBBARD teaches communications between apparatus (i.e. charger accessory 1104) and the aerosol provision device (device 1106) as illustrated in Fig. 18. HUBBARD teaches that a data communication handshake (part of process circuitry) exists between the device and the charging accessory and may use data pins or current pulses (¶153). HUBBARD teaches that the current will not flow from the accessory to the device unless the accessory receives the proper data package from the device (¶153). HUBBARD teaches an embodiment of this data package transfer can be matching of key codes between the device and the accessory (¶153) such that when this matching is completed, the device is unlocked once other verifications are satisfied (¶154).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the teachings, embodiments, and modifications of HUBBARD to match unique identifiers from the device to the apparatus. Doing so would ensure proper pairing and unlocking (HUBBARD ¶153-¶154).
Regarding claim 26, HUBBARD discloses the apparatus of claim 25 as discussed above. HUBBARD further teaches wherein the apparatus further comprises a second communication interface configured to enable a second data connection with a computer external to the aerosol provision device, and wherein the processing circuitry is further configured to receive authentication information from the computer over the second data connection (¶134, ¶141-¶142). HUBBARD explicitly teaches that the external hosts (i.e. computer) can perform the authentication (¶145). A person of ordinary skill in the art would apply all the different embodiments broadly taught in HUBBARD to control age authentication to improve security of an aerosol provision device with predictable results.
Regarding claim 27, HUBBARD discloses the apparatus of claim 26 as discussed above. HUBBARD further teaches the computer includes application software through which the apparatus is activated, and wherein the application software can access a service platform via one or more communication networks.
HUBBARD teaches that the processor 1304 may be on one or more chips and include a CPU that operators application specific circuits and includes operation of software programs (¶133). HUUBARD teaches that the verification may be through an online connection from a computing device that uses an application (app) on a computer or smart phone to verify age (¶159). This software is able to include the ability to provide documentation such as driver’s license, passport, SSN, etc. through photograph, coping or uploading to verify age (¶159). A person of ordinary skill in the art would obviously recognize this as an external computer using application software to verify age to provide power to the device for vaporizing. A person of ordinary skill in the art would obviously apply the teachings and embodiments of HUBBARD to use application software across one or more networks to control and unlock the device.
Regarding claim 28, HUBBARD discloses the apparatus of claim 27 as discussed above. HUBBARD further teaches wherein the unique identifier of the aerosol provision device and thereby the apparatus is linked to the computer in a user account provided by the service platform that is accessible from the computer. HUBBARD teaches that the initial age verification may take place once and the user may create a profile that can be associated with all future purchases that is used for authentication (¶161). One of ordinary skill in the art would immediately recognize that this is data that would be included in the data transfer as described in the data communication handshake (¶153) with predictable results to unlock the device based on profile (i.e. user account) information verified by the user on a network of computers sorted online or in a app.
Regarding claim 29, HUBBARD discloses the apparatus of claim 26 as discussed above. HUBBARD further teaches wherein activation of the apparatus includes an age verification process in which the application software collects information that identifies the user, and the computer transmits the information that identifies the user to the service platform or separate age verification system where the information that identifies the user is used to verify the user is of an age allowed to use the aerosol provision device engaged with the apparatus (¶148, ¶161). This limitation is considered to be an obvious combination of the embodiments and description of a security and authentication system works. This is considered to be within the skill of one of ordinary skill in the art and reflects the steps described in HUBBARD ¶148 and ¶161. HUBBARD teaches broadly that at the point of sale the user creates a profile that identifies the user for future use. This is attached to the user and device (¶161).
Regarding claim 30, HUBBARD discloses the apparatus of claim 27 as discussed above. HUBBARD further teaches wherein the user account includes respective unique identifier of the computer and the apparatus (¶148, ¶161).
Regarding claim 31, HUBBARD discloses the apparatus of claim 27 as discussed above. HUBBARD further discloses wherein the user account also links one or more additional computers, and/or one or more aerosol provision devices (¶161).
Regarding claim 32, HUBBARD discloses the apparatus of claim 27 as discussed above. HUBBARD further discloses wherein the user account interfaces with an age verification system to verify the user is of an age allowed to use the aerosol provision device (¶148, ¶161).
Claims 7 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over HUBBARD as applied to claims 1-6, 8-11, 13-18, and 20-23 above, and further in view of US 20220378111 A1 (hereinafter CHEUNG).
Regarding claim 7, HUBBARD discloses the apparatus of claim 5 as discussed above. HUBBARD does not disclose the communication interface includes an optical transmitter disposed in the receptacle, the optical transmitter configured to enable the data connection with an optical receiver disposed on the portion of the aerosol provision device that the receptacle is structured to receive.
CHEUNG teaches a method for activating a vaporization device based on an identifier and a computing device that communicated with the vaporizer device using optical signals corresponding to the activation data (abstract). CHEUNG teaches that the vaporizer device and/or the computing device may include hardware for optical communication (¶105). CHEUNG teaches that the optical communication occurs through optical transmitters such as LEDS, optical receivers and the like (¶105). CHEUNG further teaches that other communication methods and techniques can be interchanges to encode/decode signals (¶105). CHEUNG teaches that the vaporizer and the computing device engage in two-way optical communication via an optical transmitter to advantageously communicated without imposing cost and complexity of other hardware (¶154).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified HUBBARD to provide the communication interface includes an optical transmitter disposed in the receptacle, the optical transmitter configured to enable the data connection with an optical receiver disposed on the portion of the aerosol provision device that the receptacle is structured to receive as taught in CHEUNG. A person of ordinary skill in the art would immediately recognize that CHEUNG teaches an equivalent option to the communication methods disclosed in HUBBARD. A person of ordinary skill in the art would obviously use an optical transmitter because doing so would communicate without imposing cost and complexity to the device (CHEUNG ¶154).
Regarding claim 19, HUBBARD discloses the method of claim 17 as discussed above. HUBBARD does not disclose the communication interface includes an optical transmitter disposed in the receptacle, and the optical transmitter enables the data connection with an optical receiver disposed on the portion of the aerosol provision device that is received into the receptacle.
CHEUNG teaches a method for activating a vaporization device based on an identifier and a computing device that communicated with the vaporizer device using optical signals corresponding to the activation data (abstract). CHEUNG teaches that the vaporizer device and/or the computing device may include hardware for optical communication (¶105). CHEUNG teaches that the optical communication occurs through optical transmitters such as LEDS, optical receivers and the like (¶105). CHEUNG further teaches that other communication methods and techniques can be interchanges to encode/decode signals (¶105). CHEUNG teaches that the vaporizer and the computing device engage in two-way optical communication via an optical transmitter to advantageously communicated without imposing cost and complexity of other hardware (¶154).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified HUBBARD to provide the communication interface includes an optical transmitter disposed in the receptacle, and the optical transmitter enables the data connection with an optical receiver disposed on the portion of the aerosol provision device that is received into the receptacle as taught in CHEUNG. A person of ordinary skill in the art would immediately recognize that CHEUNG teaches an equivalent option to the communication methods disclosed in HUBBARD. A person of ordinary skill in the art would obviously use an optical transmitter because doing so would communicate without imposing cost and complexity to the device (CHEUNG ¶154).
Response to Arguments
Applicant’s arguments, filed June 9, 2026, with respect to the rejections of claims 1-6, 8-11, 13-18, and 20-23 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of HUBBARD under 35 USC 103.
The remainder of applicant’s arguments rely upon the allowability of amended claim 1, previously rejected under 35 USC 102. Amended claim 1 is now rejected, as detailed above and not repeated here, under 35 USC 103.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm.
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/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
Prosecution Insights