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 March 27, 2026. Claims 1-2 have been amended. Claims 17-18 were previously withdrawn from consideration. Claims 1-16 are rejected.
Election/Restrictions
Claims 17-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected device and system, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 24, 2025.
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 1-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20160331035 A1 (hereinafter CAMERON). CAMERON was made of record in the restriction/election requirement mailed on September 23, 2025.
Regarding claim 1, CAMERON discloses an apparatus comprising a vaporizer and a controller configured to control the vaporizing of a vaporizable material and exchange electronic communication with power and data devices (abstract). CAMERON discloses that nearly every person owns a smartphone that can be used to enhance the operations of their personal vaporizer (¶3, ¶60).
CAMERON discloses an embodiment where the vapor device is a combination of a smartphone 1402 (A user-profile module) and a detachable vaporizer 1404 (an aerosol provision device) (¶136). CAMERSON discloses that the smartphone has a housing (as shown in Fig. 4D). CAMERON discloses an internal computer memory located within the housing (¶51). CAMERON discloses that the device (i.e. the smartphone) that the vapor device is coupled to has a memory (¶51). CAMERON discloses a connector (Fig. 14A, input/output ports 1406 and 1408) for operatively connecting the user-profile module to the aerosol provision device (¶136). CAMERON further discloses the user-profile module being for storing one or more user profiles in the internal computer memory (¶61, ¶66). CAMERON discloses wherein each user profile comprises user profile data (¶66). CAMERON discloses that the user profile contains data such as eLiquid mixture recipes, supplements, vaping timing, a number of puffs, a time limit, and a total quantity of vaporizable material (¶66, ¶120). CAMERON further discloses the user-profile module being configured to, in use, perform: copying user profile data from the one or more user profiles stored in the internal computer memory to the aerosol provision device (¶66). CAMERON discloses that the input/output devices can be configured to interact with other devices (¶66). CAMERON discloses that a user may sync their vapor device to other devices and upload one or more profiles to the other devices (¶66). CAMERON further discloses and controlling at least one function of the aerosol provision device in dependence upon the one or more user profiles (¶140). CAMERON discloses that the vaporizer can be controlled at rates in response from control signals from the smartphone (¶138). CAMERON discloses that a user interface on the smart phone enables a user to receive information related to the vaporization (¶141). CAMERON further discloses that the user interface provides the user an option to select interface elements that will determine which vaporizable material to vaporize (¶144). Further the use of the user-profile module to copy and control the aerosol provision device 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 CAMERON is capable of storing information in the smartphone and transmitting it a vaporization device to control a vaporization experience for a user with predictable results (See ¶51-¶57).
Regarding claim 2, CAMERON discloses the user profile module according to claim 1 as discussed above. CAMERON further discloses wherein the user profile data comprises at least one of one or more user preferences or usage information. CAMERON discloses that the input/output device can be configured to upload one or more user profiles and settings (¶66).
Regarding claim 3, CAMERON discloses the user profile module according to claim 1 as discussed above. CAMERON further discloses wherein the user-profile module is configured such that, in use, the user-profile module is able to configure an operatively connected aerosol provision device with one or more user preferences as defined in the one or more user profiles. CAMERON discloses that the vapor device can connect to a smart phone (¶136). CAMERON discloses that the smartphone and the vaporizer are detachable through input/output ports (¶136). The ports can pass power and/or data between the smartphone and the vaporizer (¶136). The user is able to select vape modes (Fig. 11, ¶111) and selection of mixes (¶112). These are considered to be user preferences.
Regarding claim 4, CAMERON discloses the user profile module according to claim 1 as discussed above. CAMERON further discloses wherein the user-profile module is configured such that, in use, the user-profile module is able to copy user profile data from the aerosol provision device, the user profile data copied being stored in one or more user profiles stored in the internal computer memory of the user-profile module (¶128). CAMERON discloses that the computing device (i.e. the smartphone/module) can store information including files from the devices including usage information (¶128). Further the use of the user-profile module to copy and store the aerosol provision device 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 CAMERON is capable of storing information in the smartphone with predictable results.
Regarding claim 5, CAMERON discloses the user profile module according to claim 1 as discussed above. CAMERON further discloses wherein, in use, the user-profile module is configured to identify one or more properties of an operatively connected aerosol provision device (¶132).
Regarding claim 6, CAMERON discloses the user profile module according to claim 5 as discussed above. CAMERON further discloses wherein, in use, the user-profile module is configured to selectively transfer user profile data between the user-profile module and the aerosol provision device, based on the identified properties of the operatively connected aerosol provision device (¶64, ¶69-¶70, ¶80). CAMERON discloses that the user-profile module transfers data and operating conditions based on environmental conditions (¶88), readings from sensors (¶89), targeted doses (¶93), etc. during data transmission (¶94).
Regarding claim 7, CAMERON discloses the user profile module according to claim 1 as discussed above. CAMERON further discloses wherein the internal computer memory is non-volatile computer memory (¶169).
Regarding claim 8, CAMERON discloses the user profile module according to claim 1 as discussed above. CAMERON further discloses wherein the user-profile module contains an internal power supply (¶139). CAMERSON disclose that the heating element can receive power from a power supply built into the smartphone (¶139).
Regarding claim 9, CAMERON discloses the user profile module according to claim 8 as discussed above. CAMERON further discloses wherein the internal power supply is a rechargeable battery or a capacitor (¶63, ¶151).
Regarding claim 10, CAMERON discloses the user profile module according to claim 8 as discussed above. CAMERON further discloses wherein the user-profile module is configured to supply electrical power to an operatively connected aerosol provision device (¶136).
Regarding claim 11, CAMERON discloses the user profile module according to claim 1 as discussed above. CAMERON further discloses wherein the user-profile module is configured to wirelessly transfer electrical power (¶3, ¶52, ¶54, ¶62, ¶157). CAMERON disclose that the devices exchange power and data wirelessly (¶157).
Regarding claim 12, CAMERON discloses the user profile module according to claim 1 as discussed above. CAMERON further discloses further comprising a user interface (Fig. 14D, user interface 1430, ¶140).
Regarding claim 13, CAMERON discloses the user profile module according to claim 12 as discussed above. CAMERON further discloses wherein the user interface is configured to do at least one of: provide the user with information, or receive input from the user (¶140).
Regarding claim 14, CAMERON discloses the user profile module according to claim 12 as discussed above. CAMERON further discloses wherein, in use, the user interface allows a user to interact with at least one of the user-profile module or an operatively connected aerosol provision device (¶140-¶141).
Regarding claim 15, CAMERON discloses the user profile module according to claim 1 as discussed above. CAMERON further discloses wherein the user-profile module is configured to communicate with an external device (Fig. 13, server 1310, ¶132).
Regarding claim 16, CAMERON discloses the user profile module according to claim 15 as discussed above. CAMERON further discloses wherein the user-profile module is configured to communicate with the external device using one or more of the following wireless communication protocols: Bluetooth™; Wi-Fi™; or cellular network communication (¶132).
Response to Arguments
Applicant's arguments filed March 27, 2026 have been fully considered but they persuasive in part because the amendment further limits the claims such that the system does both copy AND control versus the previous recitation of copy OR control. However, as detailed above CAMERON discloses copying profiles in ¶66 and controlling ¶140. The previous rejection properly only addressed control because of applicant’s recitation of “or”. The changes to the rejection are made in response to applicant’s amendment.
Applicant argues that the vaporizer in CAMERON operates under the control of the smartphone (CAMERON ¶109). This is an over narrowing view of the disclosure of CAMERON. CAMERON discloses that the devices transmit and store data one to another (¶55-¶56). CAMERON discloses that the vapor device may operate independently of the communication device (¶52) and in unison while exchanging data to control the vaporization in a symbiotic or cooperative manner (¶52).
Further as noted in the rejection of record, the amended portion of the claim is considered to be an intended use recitation. 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 CAMERON is capable of storing information in the smartphone and transmitting it a vaporization device to control a vaporization experience for a user with predictable results (See ¶51-¶57).
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.
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
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