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 .
Claim Objections
Claim 1 is objected to because of the following informalities: In line 2, the word “an” appearing twice should be amended to read “a” in each case.
Appropriate correction is required.
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.
Claims 8-9 are 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.
Claim 8 recites the limitations “the third rate”, “the fourth rate “, “the fourth control time point” and “the fifth control time point” in Claim 2. There is insufficient antecedent basis for these limitations in the claim.
Claim 9 depends from and inherits the indefiniteness of a rejected claim and is also rejected.
Allowable Subject Matter
Claims 1-7 and 10 are allowable over the prior art..
Claims 8 and 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the nearest prior art is summarized as follows:
Jordan et al (US 2016/0374397) discloses an electronic vaping device 10 comprising:
a replaceable cartridge (or first section) 50 including a pre-vapor formulation (reads on a vaporizable material storage device configured to store a vaporizable material) (Abs, Figs. 1 and 3A , [0059], [0061], [0063]);
a reusable section (second section or electronic vaporization device body) 100 detachably connected to the vaporizable material storage device (Abs, [0059], [0061], [0063]), and comprising:
a controller including a microprocessor 502 on a printed circuit board 116 (reads on a processing circuit);
a power supply ([0062], [0069]);
a pressure sensor 535 to monitor a pressure (air flow) within the second section 100 that supplies data (control signal) to the controller ([0062], [0088]-[0089]); and
a light article containing light indicators 105a-c such as LEDs (including a first light source and a second light source) that emit light visible to an adult vaper ([0082]-[0083]).
Based on the voltage V.sub.BAT and data from the microprocessor 502 to the light article 114 (light sources), the light article 114 produces a light or series of lights indicating a status of the e-vaping device 10.The light sources emit lights of different colors, flashing lights, light sequences or light patterns to indicate a status of the e-vaping device, such as Cartridge Detected, Battery Removed From Charger, Negative Pressure Applied, Battery Level, Disabled Mode, Enabled Mode, Cartridge Error and Battery Error ([0083]-[0084], [0094]). The light sources are separately electrically connected to the processing circuit in order to be individually controlled as indicated (Fig. 5A, [0094]).
Jordan et al does not disclose or suggest first and second lights configured to increase or decrease in brightness at various rates and time control points as claimed.
Alarcon et al 9US 2018/0020725)discloses an electronic cigarette with an illuminated tip; and more particularly to structure and controller circuitry that illuminates the tip of the electronic cigarette based on draw strength (Abs, [0001], [0006]-[0007]). The device comprises a sensor, a light source, and controller circuitry. The sensor determines a magnitude of a draw characteristic such as a mass airflow, and transmits a signal indicative of the determined magnitude of the draw characteristic. The circuitry associates the determined magnitude of the draw characteristic with an intensity of the light source, and generates the input signal to the light source, which emits light of a varying intensity based on the light intensity associated with the determined magnitude of the draw characteristic. Alarcon et al does not disclose or suggest first and second lights configured to increase or decrease in brightness at various rates and time control points as claimed.
Liu (US 2016/0302483) discloses a structure for visually displaying a battery status of an electronic cigarette, thereby improving user experience (Abs, [0006]). The structure includes a light-emitting assembly comprising multiple light-emitting units arranged in an axial direction of the battery rod and a control system [0011]. The control system is electrically connected to the battery of the electronic cigarette, and is for independently controlling lightings and extinguishings of the multiple the light-emitting units based on the battery status when the electronic cigarette operates [0012]. Preferably, the multiple light-emitting units are arranged into circles in a radial direction of the electronic cigarette [0021].
A method for displaying a battery status includes detecting a suction airflow and controlling, based on the battery status, lightings and extinguishings of multiple light-emitting units arranged in a light-emitting assembly, wherein an electric quantity of the battery represented by a light-emitting unit remote from a suction end of the electronic cigarette is larger than an electric quantity of the battery represented by a light-emitting unit close to the suction end of the electronic cigarette ([0027]-[0030]). Preferably, a brightness of a light emitted by the light-emitting unit remote from the suction end of the electronic cigarette is stronger than a brightness of a light emitted by the light-emitting unit close to the suction end of the electronic cigarette.
In a preferred embodiment, the microprocessor may further control the lighting position of light-emitting units of the light-emitting assembly based on the signal associated with the airflow, to simulate a shortening of a lighted cigarette [0063].
Liu ‘483 does not disclose or suggest first and second lights configured to increase or decrease in brightness at various rates and time control points as claimed.
Liu (US 2014/0366894) discloses an electronic cigarette is provided, which comprises a microcontroller, a light emitting unit and a power supply unit, wherein the light emitting unit is electrically connected to the microcontroller and the power supply unit. The microcontroller is configured to control the light emitting unit in different light emitting states, so as to indicate the different smoking states of the electronic cigarette ([0008]-[0011]). Preferably, the smoke sensor includes an airflow sensor [0014]. Preferably, the microcontroller is configured to receive a first smoking signal from the sensor, and then control the light emitting diode to brighten gradually until the brightness of the light emitting diode reaches a preset first brightness. If the first smoking signal stops, the microcontroller controls the light emitting diode to darken gradually until the brightness of the light emitting diode reaches a preset second brightness. The microcontroller begins timekeeping when the brightness of the light emitting diode reaches the preset second brightness. If the length of timekeeping is less than or equal to a preset period of time, and the microcontroller receives a second smoking signal, then the microcontroller controls the light emitting diode to brighten gradually from the second brightness, until the brightness of the light emitting diode reaches the preset first brightness. If the length of timekeeping is more than the preset period of time, and the microcontroller has not received a second smoking signal, then the microcontroller controls the light emitting diode to stop emitting light ([0016]-[0018]).
Liu ‘894 does not disclose or suggest first and second lights configured to increase or decrease in brightness at various rates and time control points as claimed.
CN-111887501 was cited in the written opinion for International Application PCT/CN2021/125256, to which the instant application claims priority. A machine translation is provided.
CN-111887501 discloses an electronic atomization device comprising a microcontroller, a start unit comprising an air flow sensor, and a display unit, wherein the start unit; the display unit comprises a plurality of light sources arranged from one end of a light-emitting region to the other opposite end thereof. After receiving a start signal, the microcontroller controls the light sources to emit light, such that the light sources from one end of the light-emitting region to the other end thereof gradually emit light and then gradually go out or change color and thereby achieving the effect of simulating cigarette burning.
CN-111887501 does not disclose or suggest first and second light sources configured to increase or decrease in brightness at various rates and time control points as claimed.
The prior art fails to disclose or reasonably suggest an electronic vaporization device comprising a processing circuit and light sources configured to increase or decrease in brightness at various rates and time control points as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DENNIS R CORDRAY whose telephone number is (571)272-8244. The examiner can normally be reached Monday-Friday 8 AM-5 PM (EST).
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, Abbas Rashid can be reached at (571) 270-7457. 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.
/DENNIS R CORDRAY/ Primary Examiner, Art Unit 1748