CTNF 18/250,073 CTNF 98400 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Response to Amendment The office action is in response to Applicant’s amendment filed on 02/18/2026. Claims 1, 3, and 5 are amended. Claims 1 and 3-20 are pending. Claim 2 is cancelled. Claims 18-20 are withdrawn for being directed to a nonelected group. The objection to claim 5 is withdrawn due to amendments made to the claims. Response to Arguments Applicant' s arguments, see pages 6-14, filed 02/18/2026, regarding the 35 U.S.C 101 rejections of claims 2-6 are persuasive due to the amendments and arguments provided. Therefore, the 35 U.S.C 101 rejections has been withdrawn. On pages 10-13, the Applicant further argues that Gretton does not teach amended claim 1, specifically arguing that Gretton does not disclose writing data to computer-readable memory in response to determining that the reservoir is expired because Gretton teaches writing to the memory as a way of determining the reservoir has expired. The Examiner finds the arguments persuasive and a modified rejection based on newly found prior art is presented below. Claim Objections 07-29-01 AIA Claim 1 is objected to because of the following informalities: Claim 1, line 5 should read: “when the article is coupled to the refilling device; [[and]]” Claim 1, lines 9-11 should read: “determine based on the updated value of the counter, whether the reservoir is expired; in response to determining that the reservoir is expired, controlling operation of the refilling device to prevent transfer of the aerosol-generating material from the reservoir to the article” Appropriate correction is required. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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 (i.e., changing from AIA to pre-AIA) 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 1, 3-5, 7-8, and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Gretton et al. (US-20210337878-A1, which is the US publication of WO-2020/074929-A1, cited in the IDS dated 04/21/2023) and further in view of Holtje (US-8521326-B1) . In regards to claim 1, Gretton directed to a refilling vaping device ([0046]) for an article of an aerosol provision system ([0056]) comprising: A re-fill bottle comprising refill control circuitry ([0328] and [0336]) comprising: A liquid transfer system configured to automatically transfer liquid (i.e., aerosol-generating material) from the bottle, container, or pod (i.e., reservoir) to a liquid reservoir in the vaping device (i.e., article when the article is coupled to the refilling device) ([0330]); and Cause a counter value of each time liquid is automatically withdrawn from the re-fil bottle (reservoir) to be updated, wherein the value of the counter is indicative of an amount of the aerosol generating material in the reservoir ([0328]); Determine if the reservoir reaches zero (i.e., expired) based on the updated value of the counter ([0328]); and when expired can lock the device (i.e., prevent the transfer of the liquid from the reservoir to the article) ([0328]-[0334]); store the counter value in a memory chip that is configured to change its value when a defined type of event affects the reservoir (i.e., write data to computer-readable memory) such as once the counter reaches a limit such as zero ([0328]-[0331]). Gretton further discloses the pre-filled bottle/pod includes a memory chip with an EEPROM emulation mode that enables writing to the counter in the chip every time the defined type of event affects the article ([0336]). Gretton does not explicitly disclose writing data to computer-readable memory indicating that the reservoir is expired in response to determining that the reservoir is expired. Holtje, directed to a canister arrangement (i.e., refilling device) for refilling a pharmaceutical dispenser (i.e., article), discloses dispensing apparatus for sensing when the dispenser is low and the previous chamber is empty (column 6, lines 57-67). Holtje further discloses a microprocessor writes memory associated with the cannister to define its state as empty in response to the dispenser sensing that the amount of drug is low (i.e., writing data to computer-readable memory indicating that the reservoir is expired in response to determining that the reservoir is expired/empty) (col. 5, lines 11-20, column 6, lines 57-67 – column 7, lines 1-9). Holtje further discloses the empty canisters are returned for secured filling which preserves the canisters from theft, vandalism, or contamination (col. 7, lines 17-21). Holtje further discloses the empty canisters can be refilled by reading the canister ID and checking the canister status, determining if the canister needs refilling because it has been marked empty (column 7, lines 22-25). Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Gretton, by making the refilling device further mark the empty articles as expired by writing computer-readable memory, as taught by Holtje because both are directed to refilling devices, Holtje teaches marking the reservoir as expired allows the device to be properly refilled without being tampered with and prevents further use of an empty reservoir (column 7, lines 17-25), and this merely involves applying a known technique of marking a reservoir as expired by writing data to computer readable memory of a similar device to yield predictable results. In regards to claim 3, Gretton discloses when the pod is in use (i.e., received by the refiling device) the control circuitry is configured to determine whether the reservoir is at zero (i.e., expired) ([0328]); and when expired can lock the device (i.e., prevent the transfer of the liquid from the reservoir to the article) ([0328]-[0334]). While Gretton does not explicitly disclose disabling one or more pumps or flow control devices or valves within the refilling device, Gretton does teach disabling and locking of the container and that the fluid transfer system (which comprises a pump) will no longer withdraw liquid from the bottle ([0328]-[0330]), therefore it would be obvious to one of ordinary skill in the art that Gretton’s stopping of the fluid transfer system would clearly disable the parts of the fluid transfer system such as the pumps/valves of the refilling device, and thus it is considered prima facie obvious that Gretton would teach disabling of pumps/valves when preventing the transfer of aerosol-generating material. In regards to claim 4, Gretton discloses the refilling control circuitry is further configured to provide a light pattern (i.e., notification) to the user when the device needs re-filling with liquid (i.e., expired) or if the device is locked from use ([0370]-[0371]). In regards to claim 5, Gretton discloses the refilling control circuitry is further configured to: Determine when the reservoir being received by the refilling device, whether the reservoir is authentic ([0489]-[0490]); and Provide an encrypted key which is used to authenticate the reservoir and a countdown to prevent re-filling of unknown liquids (i.e., prevents the transfer of liquids from the reservoir if the reservoir is not authentic) ([0490]). Gretton further discloses authentication chips or components that only allow authorized reservoirs to be used ([0056]-[0058]). In regards to claim 7, Gretton discloses the transfer of the liquid/aerosol-generating material is dependent on the value of the counter ([0328]-[0336]). In regards to claim 8, Gretton discloses a vaping data analysis system including a vaping system and a remote server, in which the vaping system collects usage data relating to how the device is being used by a consumer and sends that usage data directly or indirectly to a remote server using Wi-Fi connectivity to the internet, the Wi-Fi connectivity being established by the vaping device ([0444]). Gretton further discloses the counter value is stored on the chip and the date from the chip can be sent to a remote server ([0313]). In regards to claim 10, Gretton discloses the chip stores the data relating to the number of times liquid has been withdrawn from the reservoir or the amount of liquid that has been withdrawn from the reservoir (i.e., configured to read the amount of aerosol generating material stored in the article) ([0276] and [0328]). In regards to claim 11, Gretton discloses the transfer of the aerosol-generating material is based on the data indicative of the amount of aerosol-generating material stored in the article because Gretton teaches once the counter reaches zero, the fluid transfer system will no longer withdraw liquid from that reservoir ([0328]). In regards to claim 12, Gretton discloses the vaping device sends data, including liquid level (amount of aerosol-generating material stored in the article), usage data, and/or battery level data to a remote server ([0396]). In regards to claim 13, Gretton discloses the data sent to remote servers, such as a user’s smartphone, includes the amount of aerosol-generating material stored in the article and can enable the consumer to order more pods/consumables ([0396]). While, Gretton does not explicitly disclose a notification is sent to the user, it is obvious to one of ordinary skill in the art that the user is being notified of the amount of aerosol-generating material store in the article to enable them to buy more pods when the amount remaining is running low, and is therefore considered prima facie obvious. Gretton further discloses the bottle e-liquid level can have an app or SMS text to prompt user when to buy more (i.e., notification) ([0086]) . 07-22-aia AIA Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Gretton et al. (US-20210337878-A1, which is the US publication of WO-2020/074929-A1, cited in the IDS dated 04/21/2023) in view of Holtje (US-8521326-B1) , as applied to claim 5 above, and further in view of Holtz et al. (US-20180271149-A1) . In regards to claim 6, Gretton discloses control circuitry configured to determine that the reservoir is not authentic ([0056]-[0058]) and that the data regarding the authenticity of the pod can be transmittable to a remote server ([0308]), but does not explicitly disclose a notification provided to a user in response to determining that the reservoir is not authentic. Holtz directed to methods and devices for cartridge authentication, discloses a vaping device and article for replacing ([0043]). Holtz further discloses data is read from the article in response to the article being received by the device, and determines from the data obtained whether the reservoir has expired by comparing the identifier to a list of identifiers for expired reservoirs/cartridges ([0093]-[0095]). Holtz further discloses if the authentication of the reservoir fails, such as the reservoir has expired, then the controller can indicate that the authentication process for the cartridge has failed via an output visual indication or audio indication ([0099]-[0102]). Holtz further discloses the visual and audio indications clearly communicate the status of the electronic vaping device to the user ([0102]-[0103]). Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Modified Gretton by making the control circuitry further configured to provide a notification to a user of the refilling device in response to determining that the reservoir is not authentic, as taught by Holtz, because all are directed to control circuitry for refillable devices, Cameron teaches the notification provides clear communication to the user on the status of the electronic vaping device to ([0102]-[0103]), and this merely involves incorporating a known technique of providing a notification to a user of a similar device to yield predictable results . 07-22-aia AIA Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Gretton et al. (US-20210337878-A1, which is the US publication of WO-2020/074929-A1, as cited in the IDS dated 04/21/2023) in view of Holtje (US-8521326-B1) , as applied to claim 1 above, and further in view of Memari et al. (US-2018049475-A1, as cited in the IDS dated 04/21/2023) . In regards to claim 9, Gretton discloses at least one reservoir interface, but does not explicitly disclose a plurality of reservoir interfaces and the refilling control circuitry configured to receive a selection of one or more of the plurality of reservoir interfaces and selectively facilitate the transfer of the aerosol-generating material from each reservoir connected to the one or more selected reservoir interfaces, during coupling to the refilling device. Memari directed to an e-cigarette vaporizer, discloses the device comprising a refillable reservoir and an electrical pump to transfer e-liquid from the reservoir to a chamber in the device ([0076]). Memari further discloses an embodiment wherein a re-filling case can be equipped with four separate cartridges, each with their own reservoir material (i.e., plurality of reservoir interfaces with corresponding reservoirs) ([0687]). Memari further discloses a plurality of valves that enable different chambers of the reservoirs to be opened or closed as appropriate under the control of the software and processor (i.e., selectively facilitate the transfer of the aerosol-generating material from each reservoir connected to the one or more selected reservoir interfaces) ([0690]). Memari further discloses during coupling to the device, the user can be in total control of which reservoirs interfaces are selected for transferring the aerosol-generating material ([0689]). Memari further discloses the cartridges/reservoirs can comprise nicotine or material without nicotine, which can be useful to someone who has successfully completed a nicotine cessation program ([0688]). Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Modified Gretton, by making the refilling device further comprise a plurality of reservoir interfaces and the control circuitry configured to receive a selection of one or more of the plurality of reservoir interfaces and selectively facilitate transfer of the aerosol-generating material from each reservoir, as taught by Memari, because all are directed to control circuitry for refillable devices, Memari teaches the user can be in complete control and the additional reservoirs can be useful for nicotine cessation systems ([0689]-[0690]), and this merely involves applying a known technique of incorporating additional user controlled reservoirs of a similar device to yield predictable results . 07-22-aia AIA Claim s 14-17 are rejected under 35 U.S.C. 103 as being unpatentable over Gretton et al. (US-20210337878-A1, which is the US publication of WO-2020/074929-A1, cited in the IDS dated 04/21/2023) in view of Holtje (US-8521326-B1) , as applied to claim 1 above, and further in view of Cameron (US-20170027229-A1) . In regards to claim 14, Gretton discloses the counter value data is sent to the remote server ([0084]) and that a user's smartphone can display data, such as nicotine usage data ([0301]). Gretton further discloses the counter value is a countdown to when the reservoirs amount of liquid will be zero/expired ([0328]). Gretton further discloses a web browser connected to the users smartphone to display data from the vaping device ([0409]) but does not explicitly disclose the user is notified of the value of the counter and a notification provides an indication of an amount of the aerosol-generating material that can be transferred before the reservoir expires. While Gretton does not explicitly disclose the user is notified of the value of the counter, it would be obvious to one of ordinary skill in the art that the user’s smartphone could have a feature that shows the counter value’s countdown to zero, since Gretton already discloses the data from the vaping device is transmittable to the user’s smartphone and already teaches the user is notified of the liquid level within the reservoir ([0086]). It would be obvious that the data already shared with remote servers could notify the user of the value of the counter so that the user would know when the reservoir needs to be refilled, and is therefore considered prima facie obvious. In addition, Cameron directed to an inhalation puff counter gauge and display system for a vaporizer device (abstract) discloses a method for determining a quantity of vaporizable material stored in the electronic vapor device, determining a number of inhalations remaining based on the average amount of vapor associated with the average inhalation and the determined quantity of vaporizable material, and displaying the number of inhalations remaining (abstract). Cameron further discloses a sensor configured to count a number of puffs (i.e., value of the counter) and utilize the puff data to determine a number of puffs remaining in the device ([0049]). Cameron further discloses the puff count and remaining aerosolizable material is displayed to the reader as at least one digital readout (i.e., notification to the user) ([0049]) and that the data can be transmitted to a server as output on a display of a smartphone ([0056]). Cameron further discloses an input/output device 112 can display information to a user such as a puff count, an amount of vaporizable material remaining in the container 110, battery remaining, signal strength, combinations thereof, and the like ([0060]). Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Modified Gretton by making the control circuitry further configured to provide a notification to a user of the refilling device based on the value of the counter, as taught by Cameron, because all are directed to control circuitry for refillable devices, Cameron teaches the notification provides information to the user ([0060]), and this merely involves incorporating a known technique of providing a notification to a user of a similar device to yield predictable results. In regards to claim 15, Modified Gretton discloses a sensor configured to count a number of puffs (i.e., value of the counter) and utilize the puff data to determine a number of puffs remaining in the device (i.e., indicates an amount of the aerosol-generating material that can be transferred from the reservoir before the reservoir expires) (Cameron [0049]). Modified Gretton further discloses the puff count and remaining aerosolizable material is displayed to the reader as at least one digital readout (i.e., the amount of the aerosol-generating material that can be transferred from the reservoir before the reservoir expires is delivered as a notification to the user) (Cameron [0049]) and that the data can be transmitted to a server as output on a display of a smartphone (Cameron [0056]). In regards to claim 16, Modified Gretton discloses the notification can be provided on the refilling device (Cameron [0112]). In regards to claim 17, Gretton discloses the bottle e-liquid level can have an app or SMS text to prompt user when to buy more (i.e., notification on a remote device) ([0086]). Modified Gretton discloses the notification can be provided on a display of a separate electronic device in communication with the vaporizer device (i.e., remote device) (Cameron [0112]). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELEINE PAULINA DELACRUZ whose telephone number is (703)756-4544. The examiner can normally be reached Monday - Friday 8-5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571)270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /MADELEINE P DELACRUZ/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755 Application/Control Number: 18/250,073 Page 2 Art Unit: 1755 Application/Control Number: 18/250,073 Page 3 Art Unit: 1755 Application/Control Number: 18/250,073 Page 4 Art Unit: 1755 Application/Control Number: 18/250,073 Page 5 Art Unit: 1755 Application/Control Number: 18/250,073 Page 6 Art Unit: 1755 Application/Control Number: 18/250,073 Page 7 Art Unit: 1755 Application/Control Number: 18/250,073 Page 8 Art Unit: 1755 Application/Control Number: 18/250,073 Page 9 Art Unit: 1755 Application/Control Number: 18/250,073 Page 10 Art Unit: 1755 Application/Control Number: 18/250,073 Page 11 Art Unit: 1755 Application/Control Number: 18/250,073 Page 12 Art Unit: 1755 Application/Control Number: 18/250,073 Page 13 Art Unit: 1755 Application/Control Number: 18/250,073 Page 14 Art Unit: 1755
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