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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 7-9, 11-13, 15-17, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SELBY et al. (US 2018/0117268).
Selby teaches a module for use with an aerosol provision device, the module comprising a housing (a58 in figure 2C); and one or more connectors configured to interact with an aerosol provision device or another module (para. 0077); wherein, in use, the module is configured to be operatively connected by the one or more connectors to the aerosol provision device, either directly or via one or more further modules (para. 0077, 0107); wherein the module further comprises one or more components configured to provide the operatively connected aerosol provision device with additional functionality, in use, wherein the module is configured to supply additional power to the operatively connected aerosol provision device, and wherein, in use, the module allows the aerosol provision device to operate in a higher power mode (para. 0107).
Regarding claim 2, Selby teaches one or more controllers, each of the one or more controllers being configured to control at least one aspect of functionality of the module (para. 0105).
Regarding claim 3, Selby teaches the one or more components comprises an internal power supply (para. 0107).
Regarding claim 4, Selby teaches the internal power supply comprises a rechargeable battery (para. 0111).
Regarding claim 7, Selby teaches the one or more components comprises one or more means for user interaction (para. 0069, 0076).
Regarding claim 8, Selby teaches the one or more components comprises means for wireless communication with an external device (para. 0105).
Regarding claim 9, Selby teaches the means for wireless communication uses one or more of the following wireless communication protocols: short range wireless communication protocols; or cellular network communication (para. 0105).
Regarding claim 11, Selby teaches the one or more components comprises a connection for physically connecting with an external device (para. 0069).
Regarding claim 12, Selby teaches the connection allows for external power to be supplied to the module (para. 0069).
Regarding claim 13, Selby teaches the module is physically connected to an external device, the supplied external power is directed to charge a power supply located within the module (para. 0069).
Regarding clam 15, Selby teaches the one or more components comprises internal computer memory (para. 0099).
Regarding claim 16, Selby teaches the module is configured to store user preferences in the internal computer memory (para. 0099).
Regarding claim 17, Selby teaches the module is configured to capture data from the operatively connected aerosol provision device (para. 0099).
Regarding claim 19, Selby teaches an aerosol provision device (2, 9) comprising a housing (see figures); an aerosol generator (104, 154) located within the housing; a power supply located within the housing (para. 0107); and one or more connectors (para. 0077), each of the one or more connectors configured to interact with one or more modules (para. 0107); wherein when one or more modules is operatively connected to the aerosol provision device, the operatively connected one or more modules provides the aerosol provision device with additional functionality, in use (para. 0107).
Regarding claim 20, Selby teaches a system comprising an aerosol provision device (2, 9); and one or more modules (para. 0107), wherein the one or more modules is operatively connected to the aerosol provision device (para. 0107), the operative connection being either: a direct connection to the aerosol provision device, or a connection to one or more other modules, wherein at least one of the one or more other modules is directly connected to the aerosol provision device, wherein the operatively connected one or more modules provides the aerosol provision device with additional functionality (para. 0107).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 10, 14, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over SELBY et al. (US 2018/0117268) in view of LAMONTHE (WO 2014/144802).
Selby teaches a module for use with an aerosol provision device, the module comprising a housing (a58 in figure 2C); and one or more connectors configured to interact with an aerosol provision device or another module (para. 0077); wherein, in use, the module is configured to be operatively connected by the one or more connectors to the aerosol provision device, either directly or via one or more further modules (para. 0077, 0107); wherein the module further comprises one or more components configured to provide the operatively connected aerosol provision device with additional functionality, in use, wherein the module is configured to supply additional power to the operatively connected aerosol provision device, and wherein, in use, the module allows the aerosol provision device to operate in a higher power mode (para. 0107).
Lamonthe teaches a module for use with an aerosol provision device, the module comprising a housing (figures 1A and 1B); and one or more connectors configured to interact with an aerosol provision device or another module (para. 0049); wherein, in use, the module is configured to be operatively connected by the one or more connectors to the aerosol provision device, either directly or via one or more further modules (para, 0049); and wherein the module further comprises one or more components configured to provide the operatively connected aerosol provision device with additional functionality, in use (para. 0049).
Regarding claim 10, Lamonthe teaches the one or more components comprises means for wireless transfer of electrical power (para. 0030 “induction”). It would have been obvious to one of ordinary skill in the art to modify the component of Selby to include a means for wireless transfer of electrical power because Lamonthe teaches that the battery may be a lithium-ion battery (para. 0030) and Selby also teaches that the battery may be a lithium-ion battery (para. 0111).
Regarding claim 14, Lamonthe teaches the connection comprises a data connection configured to allow the module to exchange information with the external device (para. 0036). It would have been obvious to one of ordinary skill in the art to modify the component of Selby to include a data connection configured to allow the module to exchange information with the external device as taught by Lamonthe because Selby teaches that data can be exchanged wirelessly (para. 0105) and Lamonthe teaches that physical data connections are a known equivalent to wireless data exchange (para. 0075).
Regarding claim 18, Lamonthe teaches the one or more components comprises means for allowing a user to configure the operatively connected aerosol provision device such that user identification is required before activation of the operatively connected aerosol provision device (para. 0054). It would have been obvious to one of ordinary skill in the art to modify the component of Selby to include means for allowing a user to configure the operatively connected aerosol provision device such that user identification is required before activation of the operatively connected aerosol provision device as taught by Lamonthe because Lamonthe teaches that this allows for confirmation that a user is authorized to use the aerosol provision device (para. 0054).
Response to Arguments
Applicant's arguments filed October 29, 2025 have been fully considered but they are not persuasive. Applicant argues that Lamonthe does not teach that the module allows the aerosol provision device to operate in a higher power mode; however, the claims have now been rejected over Selby to teach the amended limitation.
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 CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached at 571-270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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