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 .
DETAILED ACTION
Election/Restrictions
Claims 14-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected groups II - IV. Applicant timely traversed the restriction (election) requirement in the reply filed on 7/30/2025.
Applicant's election with traverse of group I, claims 1-13 in the reply filed on 7/30/2025 is acknowledged. The traversal is on the ground(s) that the reference of Reevell discloses an electric circuitry may be configured to determine if the liquid aerosol-forming substrate is depleted or exhausted (or, alternatively a predetermined threshold) from the liquid storage portion but Reevell does not disclose another feature which is determine that the system is not being operated by a user to deliver generated aerosol to the user. This is not found persuasive because Reevell discloses a controller may be configured to determine depletion ]0050] and comprise a sensor or puff detector to detect air flow indicative a puff being taken. Therefore, Reevell controller can determine both the depletion level of the liquid aerosol-forming substrate and whether the system is being operated by a user to deliver generated aerosol to the user.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-13 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1, the claim 1 recites a system with an abstract idea.
Step 2A, Prong 1, the claim recites an abstract idea which is determining the amount of useable aerosol-generating material remaining in the system and can be performed by mere observation.
Step 2A, Prong 2, the claim does not recite additional elements that integrate the judicial exception into a practical application. The abstract idea is merely stated and is not integrated into a practical application.
Step 2B, The claim does not recite additional elements that would integrate the exception into a practical application. The only additional elements are a controller and an additional (abstract) step of determining the operating state of the system.
The dependent claims do not solve the issues with claim 1. Please see the below summary:
Claims 2-4, 6-12 recites additional mental processes of determining.
Claim 5 recites another mental process of receiving data.
Claim 13 recites another mental process of sending data.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 9 is 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.
Regarding claim 9, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
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.
Claim(s) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reevell (U.S Pub. 20170245553).
Regarding claim 1, Reevell discloses a controller configured to determine a value indicative of an amount of usable aerosol-generating material in a non-combustible aerosol provision system, wherein the controller is configured to:
determine an operating state of the non-combustible aerosol provision system [0060].
Reevell discloses a controller configured to determine a value indicative of an amount of usable aerosol-generating material in a non-combustible aerosol provision system and if the system is being operated by a user to deliver generated aerosol to the user [0060]. Since, Reevell discloses estimating when the liquid will be depleted, it would have been obvious to one of ordinary skill in the art at the time the invention was made that the controller of Reevell can determine the value indicative of the amount of usable aerosol-generating material remaining in the system by a first process if the controller determines that the system is in a first operating state indicative that the aerosol-generating material is being depleted and that the system is not being operated by a user to deliver generated aerosol to the user (when the sensor does not detect air flow indicative a puff not being taken).
Regarding claim 2, it would have been obvious to one of ordinary skill in the art at the time the invention was made that the controller of Reevell [0053-0055 and 0060] can determine the value indicative of an amount of usable aerosol-generating material remaining in the system by a second process different from the first process if the controller determines that the system is in a second operating state indicative that the system is being operated by a user to deliver generated aerosol to a user (when the sensor detect air flow indicative a puff being taken).
Regarding claim 3, Reevell discloses the controller is configured to determine the operating state of the system based on an input received from a detector for detecting a user interaction with the system [0060].
Regarding claim 4, Reevell discloses wherein the controller is configured to determine the operating state of the system by determining from the input received from the detector if a user is inhaling on the system [0060].
Regarding claim 5, Reevell discloses the controller is configured to receive from the detector data indicative of one or more parameters of a detected inhalation on the system [0060].
Regarding claim 6, Reevell discloses the controller is configured to determine an operational parameter relating to an aerosol generating element in the system; and determine when the system is in the first state based on the operational parameter relating to the aerosol generating element [0060].
Regarding claim 7, Reevell discloses wherein the first process comprises determining an initial value indicative of an amount of usable aerosol- generating material in the system and applying a first rate of depletion to the initial value for a time in which the system is determined to be in the first state [0053-0055].
Regarding claim 8, Reevell discloses the first rate of depletion is based on one or more characteristics of one or more of : the non-combustible aerosol provision system; the aerosol-generating material; and a consumable in which the aerosol-generating material is comprised [0053-0055].
Regarding claim 9, Reevell discloses the controller is configured to determine the first rate based on one or more current usage parameters of the system, such as a temperature of a heater assembly configured to heat the aerosol-generating material or a temperature of the aerosol-generating material [0050].
Regarding claim 10, Reevell discloses the second process comprises determining an initial value indicative of an amount of usable aerosol-generating material in the system and applying a second rate of depletion to the initial value for a time in which the system is determined to be in the second state [0050].
Regarding claim 11, Reevell discloses the controller is configured to determine the second rate of depletion based on the data indicative of one or more parameters of the detected inhalation received from the detector [0053-0055 and 0060].
Regarding claim 12, Reevell discloses the second process comprises determining an initial value indicative of an amount of usable aerosol-generating material in the system and reducing the initial value by a pre-determined amount when an inhalation on the system by the user is detected [0053 and 0060].
Regarding claim 13, Reevell discloses the controller is configured to send the value indicative of the amount of aerosol-generating material remaining in the system to an indicator to be displayed to a user [0057].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 5712703882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHU H NGUYEN/ Examiner, Art Unit 1747