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 Rejections - 35 USC § 112
Claims 14 and 18 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 14 recites the limitation "the one or more light sources" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation "the one or more light sources" in line 1. There is insufficient antecedent basis for this limitation in the claim.
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) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over FERRIE et al. (EP 3711577) in view of MINSKOFF et al. (US 2014/0246035).
Ferrie teaches a combination of a vaporizer (201 in figure 4B) and a charger (300 in figure 4B) comprising at least one user interface output (para. 0026, 0046) disposed on an exterior surface of the vaporizer (see figure 2A); at least one user interface input (para. 0045); and a control (para. 0048), wherein all of the at least one user interface outputs are provided on the vaporizer (see figure 2A), the charger lacking any of the at least one user interface output (see figure 3A and 4B), and wherein the vaporizer (201) includes at least one of the at least one user interface input (para. 0045, 0047).
Minskoff teaches a combination of a vaporizer (100 in figure 76) and a charger (500 in figure 76) comprising at least one user interface output (para. 0169: (b), (n), (o), (q), (s)-(y)); at least one user interface input (para. 0101); and a control (para. 0212), wherein all of the at least one user interface outputs are provided on the vaporizer (para. 0101), the charger lacking any of the at least one user interface output (para. 0146), and wherein the vaporizer (100) includes at least one of the at least one user interface input (para. 0101); wherein the control is adapted to control at least a first one of the at least one user interface output so as to distinguish between output information related to the vaporizer and output information related to the charger (para. 0169).
It would have been obvious to one of ordinary skill in the art to modify the vaporizer of Ferrie to distinguish between output information related to the vaporizer and output information related to the charger as taught by Minskoff because Minskoff teaches that this allows the user to be aware of the charge status and provide the user notifications related to recharging (para. 0169).
Regarding claim 2, Ferrie teaches the charger (300) is a charging case (para. 0014); in which the vaporizer (201) can be accommodated (see figure 4B).
Regarding claim 3, Minskoff teaches at least one item of output information is related to a battery level of the vaporizer or the charger, vaping time, heating up time, puff intensity, or charging state (para. 0169). It would have been obvious to one of ordinary skill in the art to display this information on the vaporizer of Ferrie because Ferrie teaches outputting the condition of the device (para. 0046).
Regarding claim 4, Minskoff teaches the control is adapted to control the first one of the at least one user interface output so as to show output information related to the vaporizer when the vaporizer is not connected to the charger, and so as to show output information related to the charger when the vaporizer is connected to the charger (para. 0146). It would have been obvious to one of ordinary skill in the art to display this information on the vaporizer of Ferrie because Ferrie teaches outputting the condition of the device (para. 0046).
Regarding claim 5, Minskoff teaches the first one of the at least one user interface output on the vaporizer indicates whether output information related to the vaporizer or output information related to the charger is output (para. 0169). It would have been obvious to one of ordinary skill in the art to display this information on the vaporizer of Ferrie because Ferrie teaches outputting the condition of the device (para. 0046).
Regarding claim 6, Minskoff teaches at least a first one of the at least one user interface input of the vaporizer and/or the charger is adapted to switch at least the first one of the at least one user interface output between output information related to the vaporizer and output information related to the charger (para. 0169). It would have been obvious to one of ordinary skill in the art to display this information on the vaporizer of Ferrie because Ferrie teaches outputting the condition of the device (para. 0046).
Regarding claim 7, Ferrie teaches the vaporizer has a single one of the at least one user interface input (para. 0045).
Regarding claim 8, Ferrie teaches a method of outputting information related to a combination of a vaporizer (201) and a charger (300) comprising outputting, by means of at least one user interface output on the vaporizer disposed on an exterior surface of the vaporizer (see figure 2A), at least one item of output information with no item of output information being on the charger (para. 0046, figure 4B); and inputting at least one item of input information on the vaporizer (para. 0045), but with no item of input information being input on the charger (figure 4B); and controlling the at least one item of output information (para. 0048).
Minskoff teaches a method of outputting information related to a combination of a vaporizer (100) and a charger (500) comprising outputting, by means of at least one user interface output on the vaporizer, at least one item of output information with no item of output information being on the charger (para. 0169: (b), (n), (o), (q), (s)-(y)); and inputting at least one item of input information on the vaporizer (para. 0101), but with no item of input information being input on the charger (para. 0144); and controlling the at least one item of output information in a manner so as to distinguish between output information related to the vaporizer and output information related to the charger (para. 0169).
It would have been obvious to one of ordinary skill in the art to modify the vaporizer of Ferrie to distinguish between output information related to the vaporizer and output information related to the charger as taught by Minskoff because Minskoff teaches that this allows the user to be aware of the charge status and provide the user notifications related to recharging (para. 0169).
Regarding claim 9, see the discussion of claim 3 above.
Regarding claim 10, see the discussion of claim 4 above.
Regarding claim 11, see the discussion of claim 5 above.
Regarding claim 12, see the discussion of claim 6 above.
Regarding claim 13, Ferrie teaches the at least one user interface output includes a display (para. 0046).
Regarding claim 14, Ferrie teaches the one or more light sources includes LEDs (para. 0046).
Regarding claim 15, Ferrie teaches the at least one user interface input includes buttons (para. 0046).
Regarding claim 16, figure 4A and 4B of Ferrie show the charging case is portable.
Regarding claim 17, see the discussion of claim 13 above.
Regarding claim 18, see the discussion of claim 14 above.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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