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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/15/2024-06/12/2025 was filed after the mailing date of the application on 04/06/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
Claim(s) 1, 6-13,15 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Potter et al (US Pub. 20200281270).
Regarding claim 1, Potter discloses:
An electronic aerosol provision system or a component of the electronic aerosol provision system, (at least refer to fig. 2 and paragraph 20. Describes vapor provision systems, which may also be referred to as aerosol provision systems, such as e-cigarettes) comprising:
A housing defining an exterior wall of the electronic aerosol provision system or the component, (at least refer to fig. 2 and paragraphs 22, 27. Describes the e-cigarette 20 comprises two main components, namely a reusable part 22 and a replaceable/disposable cartridge part 24. Para. 27, describes: The reusable part 22 may be conventional and comprises an outer housing 32 with an opening that defines an air inlet 48 for the e-cigarette);
A layer applied over at least part of an outer surface of the housing and conforming to a shape of the outer surface, the layer operable to change a visual appearance when an electrical current is supplied to the layer, (at least refer to fig. 2 and paragraphs 27, 32. Describes the reusable part 22 may be conventional and comprises an outer housing 32 with an opening that defines an air inlet 48 for the e-cigarette and a visual display 44. Para. 32, describes: The display 44 is provided to provide a user with a visual indication of various characteristics associated with the electronic cigarette, for example current power setting information, remaining battery power, and so forth); and
A controller configured to supply the electrical current to the layer from a power source of the electronic aerosol provision system in response to a state of one or more elements of the electronic aerosol provision system, (at least refer to fig. 2 and paragraphs 27, 32. Describes the reusable part 22 may be conventional and comprises an outer housing 32 with an opening that defines an air inlet 48 for the e-cigarette, a battery 46 for providing operating power for the electronic cigarette, control circuitry 38 for controlling and monitoring the operation of the electronic cigarette, a user input button 34 and a visual display 44. Para. 32, describes: The display 44 is provided to provide a user with a visual indication of various characteristics associated with the electronic cigarette, for example current power setting information, remaining battery power, and so forth).
Regarding claim 15, Potter discloses:
A method for fabricating an electronic aerosol provision system or a component of the electronic aerosol provision system, (at least refer to fig. 2 and paragraph 12. Describes a method of assembling a vapor provision system) comprising:
Arranging elements of the electronic aerosol provision system inside a housing defining an exterior wall of the electronic aerosol provision system, (at least refer to fig. 6-8 and paragraph 57. Describes a liquid transport element arranged to transport liquid from the reservoir to the vaporizer for vaporization to generate a vapor for user inhalation, wherein the liquid transport element extends into the reservoir through an opening in a wall of the reservoir; and a collar mounted around the liquid transport element where it passes through the opening in the wall of the reservoir);
Applying a layer over at least part of an outer surface of the housing in conformity with a shape of the outer surface, the layer operable to change a visual appearance when an electrical current is supplied to the layer, (at least refer to fig. 2 and paragraphs 27, 32. Describes the reusable part 22 may be conventional and comprises an outer housing 32 with an opening that defines an air inlet 48 for the e-cigarette and a visual display 44. Para. 32, describes: The display 44 is provided to provide a user with a visual indication of various characteristics associated with the electronic cigarette, for example current power setting information, remaining battery power, and so forth); and
Configuring a controller of the electronic aerosol provision system to supply an electrical current to the layer from a power source of the electronic aerosol provision system in response to a state of one or more elements of the electronic aerosol provision system, (at least refer to fig. 2 and paragraphs 27, 32. Describes the reusable part 22 may be conventional and comprises an outer housing 32 with an opening that defines an air inlet 48 for the e-cigarette, a battery 46 for providing operating power for the electronic cigarette, control circuitry 38 for controlling and monitoring the operation of the electronic cigarette, a user input button 34 and a visual display 44. Para. 32, describes: The display 44 is provided to provide a user with a visual indication of various characteristics associated with the electronic cigarette, for example current power setting information, remaining battery power, and so forth).
Regarding claim 18, Potter discloses:
An article for an electronic aerosol provision system, (at least refer to fig. 2 and paragraph 20. Describes vapor provision systems, which may also be referred to as aerosol provision systems, such as e-cigarettes) comprising:
A housing defining an exterior wall of the article, (at least refer to fig. 2 and paragraphs 22, 27. Describes the e-cigarette 20 comprises two main components, namely a reusable part 22 and a replaceable/disposable cartridge part 24. Para. 27, describes: The reusable part 22 may be conventional and comprises an outer housing 32 with an opening that defines an air inlet 48 for the e-cigarette);
A store of aerosol-generating material, (at least refer to fig. 2 and paragraphs 56-57. Describes the same principles may be applied in respect of other forms of aerosol provision system which do not rely on replaceable cartridges, for example refillable or one-time use devices. Para. 57, describes: a vapor provision system comprising: a reservoir containing liquid for vaporization; a vaporizer; a liquid transport element arranged to transport liquid from the reservoir to the vaporizer for vaporization to generate a vapor for user inhalation, wherein the liquid transport element extends into the reservoir through an opening in a wall of the reservoir);
A layer applied over at least part of an outer surface of the housing and conforming to a shape of the outer surface, the layer operable to change a visual appearance when an electrical current is supplied to the layer, (at least refer to fig. 2 and paragraphs 27, 32. Describes the reusable part 22 may be conventional and comprises an outer housing 32 with an opening that defines an air inlet 48 for the e-cigarette and a visual display 44. Para. 32, describes: The display 44 is provided to provide a user with a visual indication of various characteristics associated with the electronic cigarette, for example current power setting information, remaining battery power, and so forth); and
Electrical connections for carrying the electrical current to the layer from a power source in a device when the article is connected to the device to form the electronic aerosol provision system, according to operation of a controller of the electronic aerosol provision system which is configured to supply the electrical current to the layer from the power source in response to a state of one or more elements of the electronic aerosol provision system, (at least refer to fig. 2 and paragraphs 27, 32. Describes the reusable part 22 may be conventional and comprises an outer housing 32 with an opening that defines an air inlet 48 for the e-cigarette, a battery 46 for providing operating power for the electronic cigarette, control circuitry 38 for controlling and monitoring the operation of the electronic cigarette, a user input button 34 and a visual display 44. Para. 32, describes: The display 44 is provided to provide a user with a visual indication of various characteristics associated with the electronic cigarette, for example current power setting information, remaining battery power, and so forth).
Regarding claim 6, Potter discloses:
Wherein the one or more elements of the electronic aerosol provision system comprise the power source, the power source comprises a battery, the state comprises an amount of charge in the battery, and the controller is configured to supply the electrical current to the layer when the amount of charge is in or at a predefined range or value, (at least refer to fig. 2 and paragraphs 27, 30, 32. Describes the reusable part 22 may be conventional and comprises an outer housing 32 with an opening that defines an air inlet 48 for the e-cigarette, a battery 46 for providing operating power for the electronic cigarette, control circuitry 38 for controlling and monitoring the operation of the electronic cigarette, a user input button 34 and a visual display 44. Para. 30, describes: The battery 46 in this example is rechargeable and may be of a conventional type, for example of the kind normally used in electronic cigarettes and other applications requiring provision of relatively high currents over relatively short periods. Para. 32, describes: The display 44 is provided to provide a user with a visual indication of various characteristics associated with the electronic cigarette, for example current power setting information, remaining battery power, and so forth).
Regarding claim 7, Potter discloses:
Wherein the controller is configured to supply the electrical current to the layer when the amount of charge is: below a predefined percentage, above a predetermined percentage, or at 100%, (at least refer to fig. 2 and paragraphs 30, 32. Describes the battery 46 in this example is rechargeable and may be of a conventional type, for example of the kind normally used in electronic cigarettes and other applications requiring provision of relatively high currents over relatively short periods. Para. 32, describes: The display 44 is provided to provide a user with a visual indication of various characteristics associated with the electronic cigarette, for example current power setting information, remaining battery power, and so forth).
Regarding claim 8, Potter discloses:
Wherein the one or more elements of the electronic aerosol provision system comprise a store of aerosolizable material, the state comprises an amount of the aerosolizable material in the store, and the controller is configured to supply the electrical current to the layer when the amount of the aerosolizable material is below a predefined threshold or above a predefined threshold, (at least refer to fig. 2 and paragraphs 25-26, 32, 57. Describes In use electrical power may be supplied to the heater 68 to vaporize an amount of e-liquid (vapor precursor material) drawn to the vicinity of the heater 68 by the wick 66. Para. 26, describes: the rate at which e-liquid is vaporized by the vaporizer (heater) 68 will generally depend on the amount (level) of power supplied to the heater 68. Thus electrical power can be applied to the heater 66 to selectively generate vapor from the e-liquid in the cartridge part 24, and furthermore, the rate of vapor generation can be changed by changing the amount of power supplied to the heater 68. Para. 32, describes: The display 44 is provided to provide a user with a visual indication of various characteristics associated with the electronic cigarette, for example current power setting information, remaining battery power, and so forth).
Regarding claim 9, Potter discloses:
Wherein the one or more elements of the electronic aerosol provision system comprise a user input element, the state comprises an on-off condition of the user input element, and the controller is configured to supply the electrical current to the layer when the user input element is in an on condition, (at least refer to fig. 2 and paragraphs 21, 27. Describes the reusable device part may comprise a user interface for receiving user input and displaying operating status characteristics, and the replaceable cartridge part may comprise a temperature sensor for helping to control temperature. Cartridges are electrically and mechanically coupled to a control unit for use. Para. 27, describes: The reusable part 22 may be conventional and comprises a user input button 34 and a visual display 44.).
Regarding claim 10, Potter discloses:
Wherein the layer is applied over a part of the outer surface of the housing, and further comprising one or more additional layers applied over other parts of the outer surface of the housing and each operable to change a visual appearance when supplied with an electrical current, the controller configured to supply the electrical current to each of the layer and the one or more additional layers separately in response to different states of the one or more elements of the electronic aerosol provision system, (at least refer to fig. 2 and paragraph 32. Describes the display 44 is provided to provide a user with a visual indication of various characteristics associated with the electronic cigarette, for example current power setting information, remaining battery power, and so forth. In other implementations the display may comprise one or more discrete indicators, for example LEDs, that are arranged to display the desired information, for example through particular colors and/or flash sequences.).
Regarding claim 11, Potter discloses: 103
Wherein the layer and the one or more additional layers are each operable to change to a different visual appearance when the electrical current is supplied, (at least refer to fig. 2 and paragraph 32. Describes In other implementations the display may comprise one or more discrete indicators, for example LEDs, that are arranged to display the desired information, for example through particular colors and/or flash sequences).
Regarding claim 12, Potter discloses:
Wherein the electronic aerosol provision system or the component of the electronic aerosol provision system comprises a device component comprising the power source, the device component configured for separable connection to an article comprising a store of aerosol-generating material in order to form the electronic aerosol provision system, (at least refer to fig. 2 and paragraphs 22, 27. Describes the e-cigarette 20 comprises two main components, namely a reusable part 22 and a replaceable/disposable cartridge part 24. In normal use the reusable part 22 and the cartridge part 24 are releasably coupled together at an interface 26. Para. 27, describes: The reusable part 22 may be conventional and comprises an outer housing 32 with an opening that defines an air inlet 48 for the e-cigarette, a battery 46 for providing operating power for the electronic cigarette).
Regarding claim 13, Potter discloses:
Wherein the electronic aerosol provision system or the component of the electronic aerosol provision system comprises an article comprising a store of aerosol-generating material and configured for separable connection to a device component comprising the power source in order to form the electronic aerosol provision system, (at least refer to fig. 2 and paragraphs 22, 56-57. Describes the e-cigarette 20 comprises two main components, namely a reusable part 22 and a replaceable/disposable cartridge part 24. In normal use the reusable part 22 and the cartridge part 24 are releasably coupled together at an interface 26. Para. 56, describes: the same principles may be applied in respect of other forms of aerosol provision system which do not rely on replaceable cartridges, for example refillable or one-time use devices. Para. 57, describes: a vapor provision system comprising: a reservoir containing liquid for vaporization; a vaporizer; a liquid transport element arranged to transport liquid from the reservoir to the vaporizer for vaporization to generate a vapor for user inhalation, wherein the liquid transport element extends into the reservoir through an opening in a wall of the reservoir).
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) 2-5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter et al (US Pub. 20200281270) in view of Spinka et al (US Pub. 20150272222).
Regarding claim 2, Potter does not disclose:
Wherein the layer comprises electroluminescent paint configured to emit light at one or more wavelengths when the layer is supplied with the electrical current, (20170340010).
Spinka teaches:
Wherein the layer comprises electroluminescent paint configured to emit light at one or more wavelengths when the layer is supplied with the electrical current, (at least refer to fig. 1A and paragraph 64. Describes the polymers or paints may additionally have a color (or visibility) reversibility delay calibrated to an average of biological half-life of nicotine or THC, thus enabling the visual indicators 310, 320, 330, 410, or 420 to revert to the original color or visibility in a manner indicative of (e.g., proportional to) the nicotine, cotinine, or THC level of the user. In this instance, information indicative of nicotine or THC consumption (or nicotine, cotinine, or THC levels) may be output by applying power to a series of emitters (e.g., LEDs) and/or activating electrochromic or electroluminescent polymers or paints and allowing the slow drain of the capacitors to restore the visual indicators to their original state in a manner indicative).
The two references are analogous art because they are related with the same field of invention of electronic cigarettes.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate electroluminescent paint as taught by Spinka with the electronic cigarette device as disclose by Potter. The motivation to combine the reference of Spinka is to enable visual indicators in a manner indicative of proportional state of the nicotine, cotinine, or THC level to the user.
Regarding claim 3, Potter does not disclose:
Wherein the controller is configured to supply the electrical current as a constant electrical current over an operation period for the layer such that the layer emits light continuously over the operation period.
Spinka teaches:
Wherein the controller is configured to supply the electrical current as a constant electrical current over an operation period for the layer such that the layer emits light continuously over the operation period, (at least refer to fig. 1A, 3 and paragraphs 24, 58. Describes the power source 120a may be configured to recharge via a wired or wireless connection, by mating with a charging unit as discussed below, and/or by harvesting power from sources such as radio waves, heat, light, motion, etc. Para. 58, describes: a plurality of visual indicators 310 emit or reflect light proportional to the nicotine or THC consumption over a predetermined time period or user nicotine, cotinine, or THC levels. The visual indicators 310 may emit or reflect light proportional to the amount of nicotine or THC consumed over the past 24 hours).
Regarding the rejection of claim 3, refer to the motivation of claim 2.
Regarding claim 4, Potter does not disclose:
Wherein the controller is configured to supply the electrical current as a non-continuous electrical current over an operation period for the layer such that the layer emits pulses of light during the operation period.
Spinka teaches:
Wherein the controller is configured to supply the electrical current as a non-continuous electrical current over an operation period for the layer such that the layer emits pulses of light during the operation period, (at least refer to fig. 1A, 3 and paragraphs 22, 24. Describes the electronic circuitry 130a may include a processor and may be configured to electrically connect the power source 120a and the heating element 140 to vaporize the solution 112 in response to the switch. Para. 24, describes: the power source 120a may be configured to recharge via a wired or wireless connection, by mating with a charging unit as discussed below, and/or by harvesting power from sources such as radio waves, heat, light, motion, etc).
Regarding the rejection of claim 4, refer to the motivation of claim 2.
Regarding claim 5, Potter does not disclose:
Wherein the layer comprises electrochromic paint configured to change the visual appearance from a first color to a second color when the layer is supplied with the electrical current.
Spinka teaches:
Wherein the layer comprises electrochromic paint configured to change the visual appearance from a first color to a second color when the layer is supplied with the electrical current, (at least refer to fig. 1A and paragraph 64. Describes the polymers or paints may additionally have a color (or visibility) reversibility delay calibrated to an average of biological half-life of nicotine or THC, thus enabling the visual indicators 310, 320, 330, 410, or 420 to revert to the original color or visibility in a manner indicative of (e.g., proportional to) the nicotine, cotinine, or THC level of the user. In this instance, information indicative of nicotine or THC consumption (or nicotine, cotinine, or THC levels) may be output by applying power to a series of emitters (e.g., LEDs) and/or activating electrochromic or electroluminescent polymers or paints and allowing the slow drain of the capacitors to restore the visual indicators to their original state in a manner indicative).
Regarding the rejection of claim 5, refer to the motivation of claim 2.
Regarding claim 14, Potter does not disclose:
Wherein the electronic aerosol provision system or the component of the electronic aerosol provision system comprises a docking unit configured to receive at least one of an article or a device component of the electronic aerosol provision system and to do at least one of: refill a storage area in the article with aerosol generating material or recharge a power source in the device component.
Spinka teaches:
Wherein the electronic aerosol provision system or the component of the electronic aerosol provision system comprises a docking unit configured to receive at least one of an article or a device component of the electronic aerosol provision system and to do at least one of: refill a storage area in the article with aerosol generating material or recharge a power source in the device component, (at least refer to fig. 1B and paragraphs 25-26. Describes the charging unit 180a may include a power source 120b, electronic circuitry 130b, and memory 160. The power source 120b may be configured to store and transfer power to the power source of the inhalation units 110b. For example, the power source of the inhalation unit 110b may be a rechargeable battery and the power source 120b (which may also be a rechargeable battery) may store electric power and charge and recharge the battery of one or more of the inhalation units 110b when one or more of the inhalation units 110b is coupled with the charging unit 180a).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate docking unit as taught by Spinka with the electronic cigarette device as disclose by Potter. The motivation to combine the reference of Spinka is to enable power restoration in an easily accessible manner.
Conclusion
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/IFEDAYO B ILUYOMADE/Primary Examiner, Art Unit 2624 01/30/2026