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 .
Priority
Acknowledgment is made of applicant’s claim for priority to Application No. (63/401,051) filed on the August 25, 2022.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the motor, driver component, processor, and media storage area in claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1 and 27 objected to because of the following informalities:
Regarding Claim 1, line 10, “a cartridge” should read as "the cartridge"
Regarding Claim 4, line 2, “a” should be added before the word “programmable memory”
Regarding Claim 11, 13, 18, 19, and 20, line 2, “the user” should read as "a user"
Regarding Claim 27, line 2, “Melatonin” and “Nicotine” which should not be capitalized
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-9, 12-13, 22, 24, 26-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon (US 20200022416 A1).
Regarding Claim 1, Alarcon discloses a system for dispensing media (Fig. 1A, 2), comprising: a device comprising:
a driver component (Fig. 2; 113-116) having an end configured to act on a movable surface a cartridge (Fig. 1-2; 200),
a motor (Fig. 2; 112, 117) configured to controllably position the driver component,
a display (129),
at least one hardware processor(Fig. 2; 120/Fig. 15A;1501 ; para. 0115), and
the (see objection above) cartridge (Fig. 2; 200) having:
a media storage area (Fig. 2; 206) for storing the media, at least one movable surface (Fig. 2; 203) that changes the volume of the media stored in the media storage area under control of the driver component (when 204 and 203 go under 116; para. 0078),
and an outlet (Fig. 2; 202) through which the media is dispensed in order to change the volume of the media stored in the media storage area under control of the driver component (para. 0070-0080).
Alarcon does not specifically teach one or more software modules that are configured to, when executed by the at least one hardware processor, receive media dose information and control the motor based on the media dose information in order to dispense a dose of the media.
However, one of ordinary skill in the art recognizing that the device of Alarcon is designed for various wireless communication options (para. 0115-0128) and includes a display interface to receive user input (para. 0077-0078) would have considered it prima facie obvious to have specified those controls as embodied in software of the device.
It would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the invention to have specified in Alarcon the instructions in one or more software modules based upon an obvious design choice expectation of one of ordinary skill in the programming arts of embodying controls over device communication and display interface in software.
Regarding Claim 2, Modified Alarcon discloses the system of claim 1, wherein the display screen (129; par. 0078) used to control the amount of media that is dispensed (para. 0077).
Regarding Claim 3, Modified Alarcon discloses the system of claim 1, wherein the display screen (129, 130 or 129; par. 0078) displays information about the contents of the cartridge (para. 0077).
Regarding Claim 4, Modified Alarcon discloses the system of claim 1, wherein the cartridge (Fig. 2; 200) further comprises a programmable memory (Fig. 2; 205; para. 0083).
Regarding Claim 5, Modified Alarcon discloses the system of claim 4, wherein the programmable memory (Fig. 2; 205; para. 0083) is configured to store a value associated with the amount of media contained in the media storage area (Examiner notes; this limitation is functional; memory is able to identity information, the characteristics of the inhalation media, dosing information, control information, and usage information).
Regarding Claim 6, Modified Alarcon discloses the system of claim 5, wherein the display screen (129, 130 or 129; para. 0078) displays information associated with a value stored within the programmable memory (Fig. 2; 205) of the cartridge (Fig. 2; 200; para. 0128).
Regarding Claim 7, Modified Alarcon discloses the system of claim 1, wherein the display screen (129; para. 0078) displays consumption history information (para. 0077, 0078).
Regarding Claim 8, Modified Alarcon discloses the system of claim 1, wherein the display screen (129, 130 or 129; para. 0078) has the ability to detect touch input (This limitation is functional; 129 can be touch sensitive para. 0077, 0117).
Regarding Claim 9, Modified Alarcon discloses the system of claim 8, wherein the touch input of the display screen (129, 130 or 129; para. 0078) is used to receive input from the user (para. 0077, 0117).
Regarding Claim 12, Modified Alarcon discloses the system of claim 1, wherein the display screen (129; para. 0077-0078) is configured to suggest a dose to the user (This limitation is functional; Alarcon teaches that 2000 and 1800 system can be provide dosing suggestion to the user; para. 0160).
Regarding Claim 13, Modified Alarcon discloses the system of claim 1, wherein the display screen (129) is configured to collect feedback from the user regarding the dose (Examiner notes: this limitation is functional the display screen is touchscreen and; para. 0077, 0078).
Regarding Claim 22, Modified Alarcon discloses the system of claim 1, wherein the media dose information displayed on the display screen (129; para. 0077, 0078) is based, at least in part, on information read from the programmable memory (Fig. 2; 205).
Regarding Claim 24, Modified Alarcon discloses the system of claim 1, wherein the media dose information displayed on the display screen (129; para. 0077, 0078) is based, at least in part, on a selection by the user (para. 0077-0078).
Regarding Claim 26, Modified Alarcon discloses the system of claim 1, wherein the media dose information displayed on the display screen (129; para. 0077, 0078) is based, at least in part, by determination of a data analysis program (para. 0204; 1805).
Regarding Claim 27, Modified Alarcon discloses the system of claim 1, wherein the at least one constituent comprises at least one of CBD, nicotine or THC (claim 9).
Regarding Claim 28, Modified Alarcon discloses the system of claim 1, wherein the media is an ingested media (para. 0085).
Regarding Claim 29, Modified Alarcon discloses the system of claim 1, wherein the cartridge has the ability to vaporize the media (using Fig. 1A, 2; 109) to be inhaled by the user (para. 0074).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon, as applied to claim 1 above, in view of Pegors et al. (US 20210089946 A1), hereafter as Pegors.
Regarding Claim 10, Modified Alarcon discloses the system of claim 1,
Modified Alarcon does not specifically disclose wherein the display screen is configured to display a list of multiple doses from which to select.
However, Pegors teaches wherein the display screen is configured to display a list of multiple doses from which to select (on 305; 1306, 1308; para. 0160).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the controller and display system of Alarcon to include the display screen is configured to display a list of multiple doses from which to select as taught by Pegors for the purpose of allowing for the user to select a desired dose configuration. The preset dose configurations may relate to size, where size refers to size of the dose of vaporizable material, such as the amount of total particulate matter to be generated (para. 0160).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon, as applied to claim 1 above, in view of Yazbeck et al. (US 20190014824 A1), hereafter as Yazbeck.
Regarding Claim 11, Modified Alarcon discloses the system of claim 1, wherein the display screen (129) is configured to determine how the user feels (this limitation is functional).
Modified Alarcon does not specifically disclose that display screen is configured to determine how the user feels.
However, Yazbeck teaches a display screen (401) that is configured to determine how a user feels (para. 0069, 0086)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display and controller of Alarcon to include the ability determine how the user feels as taught by Yazbeck for the purpose of determining how particular vaporizing materials are making their patients feel, and determining where a patient might buy a particular vaporizing material that would best suit their needs (para. 0069).
Claim(s) 14, and 16-19, 21, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon, as applied to claim 1 and 13 above, in view of different embodiment of Alarcon (Fig. 44A-44CC).
Regarding Claim 14, Modified Alarcon discloses the system of claim 13, display screen (129, 130 or 129).
Modified Alarcon does not specifically disclose that the display screen is configured to allow the user to share dosing information via a network (this limitation is functional).
However, Alarcon does teach the display screen (129) is configured to allow the user to share dosing information via a network (this limitation is functional; para. 233-236; Fig. 44Q).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the first embodiment of Alarcon to allow the user to share dosing information via a network as taught by different embodiment of Alarcon for the purpose of analyze information stored in the database and determine the optimal dose amount, frequency, timing, type and other properties for a given user and share other information, including, but not limited to: brand name, product name, time of consumption, location of consumption, product imagery, and effect characteristics (para. 0235).
Regarding Claim 16, Modified Alarcon discloses the system of claim 1, wherein the display screen (129, 130 or 129) is configured to display the progress toward a target (This limitation is functional; Alarcon with device 10 teaches the display screen can display different parameters).
Modified Alarcon does not specifically disclose the display screen displaying the progress toward a target.
However, Alarcon in the embodiment teaches that display screen displays the progress toward a target (Fig. 44T; para. 0236).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the first embodiment of Alarcon to be able to display the progress toward a target as taught by different embodiment of Alarcon to disallow further dosing for the day once the user has reached 100% of the recommended amount (para. 0223).
Regarding Claim 17, Modified Alarcon discloses the system of claim 1,
Modified Alarcon does not specifically disclose wherein the display screen is configured to display advice regarding the consumption of the media (this limitation is functional; display screen could be able to allow).
However, Alarcon in the embodiment teaches wherein the display screen is configured to display advice regarding the consumption of the media. (Fig. 44U; para. 0235).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the first embodiment of Alarcon wherein the display screen is configured to display advice regarding the consumption of the media as taught by different embodiment of Alarcon to improve cessation program outcomes via behavioral queues. A well-timed message of encouragement may help the user remain compliant with the cessation program (para. 0236).
Regarding Claim 18, Modified Alarcon discloses the system of claim 1,
Modified Alarcon does not specifically disclose wherein the display screen is configured to allow the user to purchase cartridges (this limitation is functional; display screen could be able to allow).
However, Alarcon in the embodiment teaches that display screen configured to allow the user to purchase cartridges (Fig. 44M, 44N; para. 0235).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the first embodiment of Alarcon to be configured to allow the user to purchase cartridges as taught by different embodiment of Alarcon to provide the user with information regarding how to purchase an additional cartridge, a coupon for the purchase of an additional cartridge or even connect the user with a digital order fulfillment system for the purpose of purchasing additional cartridges (para. 0157).
Regarding Claim 19, Modified Alarcon discloses the system of claim 1,
Modified Alarcon does not specifically disclose wherein the display screen is configured to allow the user to select other users within the network for the purposes of sharing dose information.
However, Alarcon in the embodiment teaches that display screen configured to allow the user to select other users within the network for the purposes of sharing dose information (Fig. 44Q; para. 0236).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the first embodiment of Alarcon to be configured to allow the user to select other users within the network for the purposes of sharing dose information as taught by different embodiment of Alarcon so the user can also share their rating with other users or groups in their network of connections (para. 0235).
Regarding Claim 21, Modified Alarcon discloses the system of claim 1,
Modified Alarcon does not specifically disclose where the display screen is configured to display consumption information from other users within the network (this limitation is functional; display screen could be able to allow).
However, Alarcon in the different embodiment teaches where the display screen is configured to display consumption information from other users within the network (Fig. 44P-Q; para.0235; para. 0236).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the first embodiment of Alarcon to be configured to display consumption information from other users within the network as taught by different embodiment of Alarcon so the user can also share their rating with other users or groups in their network of connections (para. 0235).
Regarding Claim 23, Modified Alarcon discloses the system of claim 1, wherein the media dose information displayed on the display screen (129; para. 0077, 0078)
Modified Alarcon does not specifically teach that the media dose information is based, at least in part, on background information related to a user.
However, Alarcon in the different embodiment teaches that the media dose information is based, at least in part, on background information related to a user (para. 0233).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the first embodiment of Alarcon that the media dose information is based, at least in part, on background information related to a user as taught by different embodiment of Alarcon for the purpose of a feedback interface can also be used to “onboard” new users (para. 0233).
Claim(s) 15 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon, as applied to claim 13 and 1 above, in view of different embodiment of Alarcon (Fig. 23; 2300).
Regarding Claim 15, Modified Alarcon discloses the system of claim 13, display screen (129, 130 or 129).
Modified Alarcon does not specifically disclose where the display screen is configured to allow the user to schedule the timing of doses (this limitation is functional; display screen could be able to allow).
However, Alarcon in the different embodiment teaches where the display screen is configured to allow the user to schedule the timing of doses (Fig. 23; para. 0183, 0070).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the first embodiment of Alarcon to be configured to allow the user to schedule the timing of doses as taught by different embodiment of Alarcon for the purpose of ensuring the correct amount of inhalation media is consumed, thus reducing the likelihood of under-dosing and over-dosing. Data collected through monitoring remote control dosing by professionals can be used as training data to train machine learning systems to perform the dose recommendation function (para. 0183-0184).
Regarding Claim 25, Modified Alarcon discloses the system of claim 1, wherein the media dose information displayed on the display screen (129; para. 0077, 0078).
Modified Alarcon does not specifically disclose the media dose information displayed on the display screen is based on information received from or provided by a third party.
However, Alarcon teaches the media dose information displayed on the display screen is based on information received from or provided by a third party (para. 0183-0184).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the first embodiment of Alarcon to include media dose information displayed on the display screen is based on information received from or provided by a third party as taught by different embodiment of Alarcon for the purpose of enabling third-parties to monitor the effects of dosing and adjust dosing accordingly, improving adherence to the correct dosing schedule, and ensuring the correct amount of inhalation media is consumed, thus reducing the likelihood of under-dosing and over-dosing (para. 0183-0184).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon, as applied to claim 1 above, in view of different embodiment of Alarcon (Fig. 21A; 2100).
Regarding Claim 20, Modified Alarcon discloses the system of claim 1,
Modified Alarcon does not specifically disclose wherein the display screen is configured to allow the user to mark certain doses for reuse in the future (this limitation is functional).
However, Alarcon in the embodiment teaches that display screen on phone configured to allow the user to mark certain doses for reuse in the future (Fig, 21A; 2100; para. 0216).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the first embodiment of Alarcon to be configured to allow the user to mark certain doses for reuse in the future as taught by different embodiment of Alarcon so the saved dosing information can be stored on any of constituent display enabled control device, computing device, computer network or cartridge. The recipient can be presented with an option to find a seller of a cartridge from the shared dose (para. 0216).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1-9, 12-14, 16,-19, and 21-29 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/211,072, hereafter as ‘072 in view of Alarcon.
Claim 1 of the instant application
A system for dispensing media, comprising: a device comprising: a driver component having an end configured to act on a movable surface of a cartridge, a motor configured to controllably position the driver component, a display, at least one hardware processor, and one or more software modules that are configured to, when executed by the at least one hardware processor, receive media dose information and control the motor based on the media dose information in order to dispense a dose of the media; a cartridge having: a media storage area for storing the media, at least one movable surface that changes the volume of the media stored in the media storage area under control of the driver component, and an outlet through which the media is dispensed in order to change the volume of the media stored in the media storage area under control of the driver component.
‘072 does not specifically disclose a display.
However, Alarcon teaches a display (129, Fig. 44A-44CC; para. 0233-0236).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘072 to include the display as taught by Alarcon for the purpose of selecting their level of pain using a visual analog scale and then, utilizing all available data regarding the user, other users in the network, and the pharmacodynamics of the inhalation media, the application can recommend the appropriate dose corresponding to the level of pain, how dosing controls are generated, and additional examples of controls and displays are generated (para. 0232-0236).
Claim 1 of ‘072
A system for dispensing media, comprising: a device comprising: a driver component having an end configured to act on a movable surface of a cartridge, a motor configured to controllably position the driver component, at least one hardware processor, and one or more software modules that are configured to, when executed by the at least one hardware processor, receive media dose information and control the motor based on the media dose information in order to dispense a dose of the media; a cartridge having: a media storage area for storing the media, at least one movable surface that changes the volume of the media stored in the media storage area under control of the driver component, and an outlet through which the media is dispensed in order to change the volume of the media stored in the media storage area under control of the driver component.
Regarding Claim 2, Modified ‘072 doesn’t specifically teach wherein the display screen (129; par. 0078) used to control the amount of media that is dispensed.
However, Alarcon teaches wherein the display screen (129; 44A-44CC; para. 0233-0236) used to control the amount of media that is dispensed (para. 0232).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘072 to include the wherein the display screen used to control the amount of media that is dispensed as taught by Alarcon for the purpose of cause a particular application to be executed (para. 0232).
Regarding Claim 3, Modified ‘072 doesn’t specifically teach wherein the display screen displays information about the contents of the cartridge.
However, Alarcon teaches wherein the display screen (129; 44A-44CC; para. 0233-0236) displays information about the contents of the cartridge (para. 0234).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘072 to include the wherein the displays information about the contents of the cartridge as taught by Alarcon for the purpose of the application can determine the amount of inhalation media remaining and display such information to the user (para. 0234).
Regarding Claim 4, Modified ‘072 teaches all the claimed invention (Claim 4).
Regarding Claim 5, Modified ‘072 teaches all the claimed invention (Claim 5).
Regarding Claim 6, Modified ‘072 does not specifically teach wherein the display screen displays information associated with a value stored within the programmable memory of the cartridge.
However, Alarcon teaches wherein the display screen (129; 44A-44CC; para. 0233-0236) displays information associated with a value stored within the programmable memory 9205) of the cartridge (para. 0234).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘072 to include the wherein the display screen displays information associated with a value stored within the programmable memory of the cartridge as taught by Alarcon for the purpose of the application can determine the amount of inhalation media remaining and display such information to the user (para. 0234).
Regarding Claim 7, Modified ‘072 does not specifically teach wherein the display screen displays consumption history information.
However, Alarcon teaches wherein the display screen (129; 44A-44CC; para. 0233-0236) displays consumption history information (para. 0234).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘072 to include the wherein the displays consumption history information as taught by Alarcon for the purpose of the application can determine the amount of inhalation media remaining and display such information to the user (para. 0234).
Regarding Claim 8, Modified ‘072 teaches all the claimed invention (Claim 15).
Regarding Claim 9, Modified ‘072 teaches all the claimed invention (Claim 15).
Regarding Claim 12, Modified ‘072 does not specifically disclose wherein the display screen is configured to suggest a dose to the user.
However, Alarcon teaches wherein the display screen (129; Fig. 44A-44CC para. 0077-0078) is configured to suggest a dose to the user (This limitation is functional; Alarcon teaches that 2000 and 1800 system can be provide dosing suggestion to the user; para. 323-327).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘072 to include the wherein the displays information about the contents of the cartridge as taught by Alarcon for the purpose of the application can determine the amount of inhalation media remaining and display such information to the user (para. 0234).
Regarding Claim 13, Modified ‘072 does not specifically disclose wherein the display screen is configured to collect feedback from the user regarding the dose.
However, Alarcon teaches wherein the display screen (129) is configured to collect feedback from the user regarding the dose (Examiner notes: this limitation is functional the display screen is touchscreen and; para. 02333-0236).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of ‘072 to include the wherein the display screen is configured to collect feedback from the user regarding the dose as taught by Alarcon for the purpose of suggesting the optimal number of puffs per session for the individual user. (para. 0234).
Regarding Claim 14, , Modified ‘072 does not specifically disclose that the display screen is configured to allow the user to share dosing information via a network (this limitation is functional).
However, Alarcon does teach the display screen (129) is configured to allow the user to share dosing information via a network (this limitation is functional; para. 233-236; Fig. 44Q).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the ‘072 to allow the user to share dosing information via a network as taught by different embodiment of Alarcon for the purpose of analyze information stored in the database and determine the optimal dose amount, frequency, timing, type and other properties for a given user and share other information, including, but not limited to: brand name, product name, time of consumption, location of consumption, product imagery, and effect characteristics (para. 0235).
Regarding Claim 16, Modified ‘072 does not specifically disclose the display screen displaying the progress toward a target.
However, Alarcon in the embodiment teaches that display screen displays the progress toward a target (Fig. 44T; para. 0236).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the ‘072 to be able to display the progress toward a target as taught by different embodiment of Alarcon to disallow further dosing for the day once the user has reached 100% of the recommended amount (para. 0223).
Regarding Claim 17, Modified ‘072 does not specifically disclose wherein the display screen is configured to display advice regarding the consumption of the media (this limitation is functional; display screen could be able to allow).
However, Alarcon in the embodiment teaches wherein the display screen is configured to display advice regarding the consumption of the media. (Fig. 44U; para. 0235).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the ‘072 wherein the display screen is configured to display advice regarding the consumption of the media as taught by different embodiment of Alarcon to improve cessation program outcomes via behavioral queues. A well-timed message of encouragement may help the user remain compliant with the cessation program (para. 0236).
Regarding Claim 18, Modified ‘072 does not specifically disclose wherein the display screen is configured to allow the user to purchase cartridges (this limitation is functional; display screen could be able to allow).
However, Alarcon in the embodiment teaches that display screen configured to allow the user to purchase cartridges (Fig. 44M, 44N; para. 0235).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the ‘072 to be configured to allow the user to purchase cartridges as taught by different embodiment of Alarcon to provide the user with information regarding how to purchase an additional cartridge, a coupon for the purchase of an additional cartridge or even connect the user with a digital order fulfillment system for the purpose of purchasing additional cartridges (para. 0157).
Regarding Claim 19, Modified ‘072 does not specifically disclose wherein the display screen is configured to allow the user to select other users within the network for the purposes of sharing dose information.
However, Alarcon in the embodiment teaches that display screen configured to allow the user to select other users within the network for the purposes of sharing dose information (Fig. 44Q; para. 0236).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the ‘072 to be configured to allow the user to select other users within the network for the purposes of sharing dose information as taught by different embodiment of Alarcon so the user can also share their rating with other users or groups in their network of connections (para. 0235).
Regarding Claim 21, Modified ‘072 teaches all the claimed invention (Claim 31).
Regarding Claim 22, Modified ‘072 teaches all the claimed invention (Claim 32).
Regarding Claim 23, Modified ‘072 teaches all the claimed invention (Claim 33).
Regarding Claim 24, Modified ‘072 teaches all the claimed invention (Claim 34).
Regarding Claim 25, Modified ‘072 teaches all the claimed invention (Claim 35).
Regarding Claim 26, Modified ‘072 teaches all the claimed invention (Claim 36).
Regarding Claim 27, Modified ‘072 teaches all the claimed invention (Claim 37).
Regarding Claim 28, Modified ‘072 teaches all the claimed invention (Claim 38).
Regarding Claim 29, Modified ‘072 teaches all the claimed invention (Claim 39).
Claim 10, provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/211,072, hereafter as ‘072 in view of Alarcon in view of Pegors.
Regarding Claim 10, Modified ‘072 does not specifically disclose wherein the display screen is configured to display a list of multiple doses from which to select.
However, Pegors teaches wherein the display screen is configured to display a list of multiple doses from which to select (on 305; 1306, 1308; para. 0160).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the controller and display system of Modified ‘072 to include the display screen is configured to display a list of multiple doses from which to select as taught by Pegors for the purpose of allowing for the user to select a desired dose configuration. The preset dose configurations may relate to size, where size refers to size of the dose of vaporizable material, such as the amount of total particulate matter to be generated (para. 0160).
Claim 11, provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/211,072, hereafter as ‘072 in view of Alarcon in view of Yazbeck.
Regarding Claim 11, Modified ‘072 does not specifically disclose that display screen is configured to determine how the user feels.
However, Yazbeck teaches a display screen (401) that is configured to determine how a user feels (para. 0069, 0086)
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display and controller of Modified ‘072 to include the ability determine how the user feels as taught by Yazbeck for the purpose of determining how particular vaporizing materials are making their patients feel, and determining where a patient might buy a particular vaporizing material that would best suit their needs (para. 0069).
Claim 15 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/211,072, hereafter as ‘072 in view of Alarcon in view of Alarcon another embodiment.
Regarding Claim 15, Modified ‘072 does not specifically disclose where the display screen is configured to allow the user to schedule the timing of doses (this limitation is functional; display screen could be able to allow).
However, Alarcon in the different embodiment teaches where the display screen is configured to allow the user to schedule the timing of doses (Fig. 23; para. 0183, 0070).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the ‘072 to be configured to allow the user to schedule the timing of doses as taught by different embodiment of Alarcon for the purpose of ensuring the correct amount of inhalation media is consumed, thus reducing the likelihood of under-dosing and over-dosing. Data collected through monitoring remote control dosing by professionals can be used as training data to train machine learning systems to perform the dose recommendation function (para. 0183-0184).
Claim 20, provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/211,072, hereafter as ‘072 in view of Alarcon in view of different embodiment of Alarcon (Fig. 21A; 2100). Regarding Claim 20, Modified ‘072 does not specifically disclose wherein the display screen is configured to allow the user to mark certain doses for reuse in the future (this limitation is functional).
However, Alarcon in the embodiment teaches that display screen on phone configured to allow the user to mark certain doses for reuse in the future (Fig, 21A; 2100; para. 0216).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the display device of the ‘072 to be configured to allow the user to mark certain doses for reuse in the future as taught by different embodiment of Alarcon so the saved dosing information can be stored on any of constituent display enabled control device, computing device, computer network or cartridge. The recipient can be presented with an option to find a seller of a cartridge from the shared dose (para. 0216).
This is a provisional nonstatutory double patenting rejection.
Conclusion
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/MAAP ELLABIB/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785