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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/16/26 has been entered.
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.
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.
Claims 1-3, 10-13, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon et al (US 2011/0265806), hereinafter Alarcon in view of Flick (2013/0319435), hereinafter Flick.
Regarding claim 1, Alarcon teaches a system for providing interactive services for aerosol delivery devices (Fig. 9), the system comprising:
a control component configured to maintain usage data for the aerosol delivery device (Fig. 1B: 170, Paragraphs 54, 58, the ESD 100 may include a controller, may send usage data, paragraph 58, store data collected by the controller such as usage data);
an aerosol precursor composition from which the aerosol delivery device is configured to produce an aerosol (Paragraph 45, body 100B may contain a consumable material such as a smoking liquid, paragraph 48, the smoking liquid is drawn into the vaporizing chamber for delivery); and
a battery (Fig. 1B: 130); and
a charging accessory device (Paragraph 71, pack 200, Figs. 7A-8: 200) comprising:
a power storage device (Fig. 8: 220);
a memory for storing data (paragraph 71, memory 212); and
a communication interface configured to enable communication between the charging accessory device and the aerosol delivery device (Fig. 8: 216, paragraph 72, connector 216 exchange data with the sensor controller circuit), wherein the charging accessory device is configured to:
supply power from the power storage device to the battery to charge the battery (paragraphs 54-55, 72, connected to pack to charge the body) ; and
communicate with the aerosol delivery device to receive the usage data and store the usage data in the memory (paragraph 74, communication processor may carry out wired communications via data connector 224, may include instructions and usage information, paragraph 75, data stored in the pack such as usage information).
Alarcon teaches tracking usage information such an amount of nicotine consumed, product information (paragraph 74)
Alarcon does not teach wherein the usage data for the aerosol delivery device includes an average rest time between individual puffs, a shortest observed rest time between individual puffs, a longest observed rest time before individual puffs, a number of forced cutoffs for a puff exceeding a maximum allowable puff duration, a chemical formulation of the aerosol precursor composition, , or a tobacco concentration of the aerosol precursor composition.
However, Flick teaches an aerosol generating system(Abstract, Fig. 1) wherein the usage data includes a composition of the aerosol substrate. (Paragraph 80, sensor may determine the characteristics of the liquid storage portion including the composition of the liquid aerosol forming substrate)
It would have been obvious to a person of ordinary skill in the art to have modified Alarcon so that the usage data includes the formulation of the aerosol precursor composition because the heating profile is dependent on the particular composition of the precursor. (paragraphs 11-12)
Regarding claim 2, Alarcon in view of Flick teaches the system of claim 1, and Alarcon further teaches wherein the usage data further comprises a low battery warning. (Paragraph 73, when the battery charge level is low may show a message, activate the vibration motor or the like)
Regarding claim 3, Alarcon in view of Flick teaches the system of claim 1, and Alarcon further teaches wherein the data comprises a number of cartridges used in the aerosol delivery device (paragraph 74)
and indications, warning, or errors experienced or issued by the aerosol delivery device. (Paragraph 73, may show an alert message or an error message)
Regarding claim 10, Alarcon in view of Flick teaches the system of claim 1, and Alarcon further teaches wherein the charging accessory device further comprises an external power interface configured to receive power to recharge the power storage device when coupled with an external power source. (Fig. 8, Paragraph 73)
Regarding claim 11, Alarcon teaches a charging accessory device (figs. 7a, Fig. 7B: pack 200, paragraph 71), comprising:
a housing (Fig. 7A: 202) configured to engage with at least a portion of an aerosol delivery device (Fig. 7A, 7B, paragraph 7), the aerosol delivery device comprising:
a control component configured to maintain usage data for the aerosol delivery device (Fig 1B: 170, paragraph 54, 58);
an aerosol precursor composition from which the aerosol delivery device is configured to produce an aerosol(Paragraph 45, body 100B may contain a consumable material such as a smoking liquid, paragraph 48, the smoking liquid is drawn into the vaporizing chamber for delivery); and
a battery (Fig. 1B:130);
a power storage device (Fig. 8:220);
a memory for storing data (Paragraph 71, memory 212);
a charging interface configured to establish an electrical connection with the battery and supply electrical power from the power storage device to the battery to charge the battery (paragraph 54, terminal 140); and
an aerosol delivery device interface (Fig. 8: 216, paragraph 73)configured to enable communication between the charging accessory device and the control component of the aerosol delivery device (Paragraph 54, 72),
wherein the charging accessory device is configured to communicate with the aerosol delivery device to receive the usage data and store the usage data in the memory(Fig. 8: 216, paragraph 72, connector 216 exchange data with the sensor controller circuit),
Alarcon teaches tracking usage information such an amount of nicotine consumed, product information (paragraph 74)
Alarcon does not teach wherein the usage data for the aerosol delivery device includes an average rest time between individual puffs, a shortest observed rest time between individual puffs, a longest observed rest time before individual puffs, a number of forced cutoffs for a puff exceeding a maximum allowable puff duration, a chemical formulation of the aerosol precursor composition, , or a tobacco concentration of the aerosol precursor composition.
However, Flick teaches an aerosol generating system(Abstract, Fig. 1) wherein the usage data includes a composition of the aerosol substrate. (Paragraph 80, sensor may determine the characteristics of the liquid storage portion including the composition of the liquid aerosol forming substrate)
It would have been obvious to a person of ordinary skill in the art to have modified Alarcon so that the usage data includes the formulation of the aerosol precursor composition because the heating profile is dependent on the particular composition of the precursor. (paragraphs 11-12)
Regarding claim 12, Alarcon in view of Flick teaches the charging accessory device of claim 11, and Alarcon further teaches wherein the usage data further comprises a low battery warning. (Paragraph 73, when the battery charge level is low may show a message, activate the vibration motor or the like)
Regarding claim 13, Alarcon in view of Flick teaches the charging accessory device of claim 11, and Alarcon further teaches wherein the data comprises a number of cartridges used in the aerosol delivery device (paragraph 74)
Regarding claim 20, Alarcon in view of Flick teaches the charging accessory device of claim 11 and Alarcon further teaches wherein the charging accessory device further comprises an external power interface configured to receive power to recharge the power storage device when coupled with an external power source. (Fig. 8, Paragraph 73)
Claim 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon in view of Flick, and further in view of Burns et al (US Pat. No. 5,284,133), hereinafter Burns.
Regarding claim 4, Alarcon in view of Peleg teaches the system of claim 1,but does not teach wherein the usage data further comprises:
a total number of lockout occurrences over a period of time.
However, Burns teaches an aerosol delivery device (abstract) wherein a monitoring device tracks a total number of lockout occurrences. (Col. 11: lines 48-65, the optical sensor could also sense a patient’s attempts to improperly actuate the inhalation device. By recording the number of improper attempts at actuating the inhalation device, the physician may determine some dosing frequency information)
It would have been obvious to a person of ordinary skill to have provided Alarcon with the number of lockouts as taught by Burns in order to adjust dosages. (Col. 11: lines 66- Col. 12: line 2.)
Regarding claim 14, Alarcon in view of Flick teaches the charging accessory device of claim 11, but does not teach wherein the usage data further comprises:
a total number of lockout occurrences over a period of time.
However, Burns teaches an aerosol delivery device (abstract) wherein a monitoring device tracks a total number of lockout occurrences. (Col. 11: lines 48-65, the optical sensor could also sense a patient’s attempts to improperly actuate the inhalation device. By recording the number of improper attempts at actuating the inhalation device, the physician may determine some dosing frequency information)
It would have been obvious to a person of ordinary skill to have provided Alarcon with the number of lockouts as taught by Burns in order to adjust dosages. (Col. 11: lines 66- Col. 12: line 2.)
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon in view of Flick, and further in view of Peleg et al (US 2013/0284192), hereinafter Peleg.
Regarding claim 5, Alarcon in view of Flick teaches the system of claim 1, but does not teach wherein the usage data further comprises:
a brand associated with the aerosol precursor composition, or
a flavorant associated with the aerosol precursor composition.
However, However, Peleg teaches a device for inhalation (Abstract) which teaches tracking a specific user’s patterns and tastes such as the brand associated with the aerosol precursor composition. ( Paragraph 59, the usage patterns may include the type of e-liquids used, paragraph 64, may encourage social smoking by encouraging smoking by brand. The examiner notes since the device groups users by brand, it must be tracking the brand used)
Peleg teaches a flavorant of the aerosol precursor composition. (Paragraph 69)
It would have been obvious to a person of ordinary skill in the art to have modified the device of Alarcon to track usage data including the flavorant or brand of the aerosol precursor as taught by Peleg in order to more specifically market to the user. (Paragraph 69)
Regarding claim 15, Alarcon in view of Flick teaches the charging accessory device of claim 11, but does not teach wherein the usage data further comprises:
a brand associated with the aerosol precursor composition, or
a flavorant associated with the aerosol precursor composition.
However, However, Peleg teaches a device for inhalation (Abstract) which teaches tracking a specific user’s patterns and tastes such as the brand associated with the aerosol precursor composition. ( Paragraph 59, the usage patterns may include the type of e-liquids used, paragraph 64, may encourage social smoking by encouraging smoking by brand. The examiner notes since the device groups users by brand, it must be tracking the brand used)
Peleg teaches a flavorant of the aerosol precursor composition. (Paragraph 69)
It would have been obvious to a person of ordinary skill in the art to have modified the device of Alarcon to track usage data including the flavorant or brand of the aerosol precursor as taught by Peleg in order to more specifically market to the user. (Paragraph 69)
Claims 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon in view of Flick, and further in view of Brister et al (US 2008/0262469), hereinafter Brister.
Regarding claim 6, Alarcon in view of Flick teaches the system of claim 1, and Alarcon further teaches a receptacle to hold a fully assembly unit. (Fig. 7A, 7B) Alarcon also teaches frictionally holding a control body in a receptacle. (Paragraph 72, the control body of the device is held in the charging unit by a push-in type connection which would hold the unit “frictionally”)
Alarcon does not teach wherein the charging accessory device comprises a housing defining distinct receptacles (emphasis added) including a friction-fit receptacle configured to frictionally engage an outer shell of the aerosol delivery device.
However, Brister teaches a receiver housing for a medicament delivery (fig. 7:48a) defining distinct receptacles (Fig. 7:50a, 60a, paragraph 229) including a friction-fit receptacle configured to frictionally engage an outer part of the device. (paragraph 230: the pen is engaged in the housing)
Therefore, a housing with a friction-fit receptacle to engage the aerosol delivery devices flows from the combination of Alarcon and Brister.
It would have been obvious to one skilled in the art before the effective filing date of the invention to have provided the charging accessory with the distinct receptacles of Brister to provide storage for the device as well as accessories for the device. (paragraph 229)
Regarding claim 16, Alarcon in view of Flick teaches the charging accessory device of claim 11, and Alarcon further teaches a receptacle to hold a fully assembly unit. (Fig. 7A, 7B) Alarcon also teaches frictionally holding a control body in a receptacle. (Paragraph 72, the control body of the device is held in the charging unit by a push-in type connection which would hold the unit “frictionally”)
Alarcon does not teach wherein the charging accessory device comprises a housing defining distinct receptacles (emphasis added) including a friction-fit receptacle configured to frictionally engage an outer shell of the aerosol delivery device.
However, Brister teaches a receiver housing for a medicament delivery (fig. 7:48a) defining distinct receptacles (Fig. 7:50a, 60a, paragraph 229) including a friction-fit receptacle configured to frictionally engage an outer part of the device. (paragraph 230: the pen is engaged in the housing)
Therefore, a housing with a friction-fit receptacle to engage the aerosol delivery devices flows from the combination of Alarcon and Brister.
It would have been obvious to one skilled in the art before the effective filing date of the invention to have provided the charging accessory with the distinct receptacles of Brister to provide storage for the device as well as accessories for the device. (paragraph 229)
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon in view of Flick, and further in view of Newton (US 2012/0227753), hereinafter Newton.
Regarding claim 7, Alarcon in view of Flick teaches the system of claim 1, and Alarcon further teaches wherein the charging accessory device further comprises charge level indicators configured to indicate a charge level of the battery when the aerosol delivery device is in the charging accessory, and a charge level of the power storage device. (Paragraph 73, the controller 210 may detect the battery level in the pack and the batter in the ESD, the controller may operate the user interface to indicate a status of the ESD and the pack, may indicate when the charge is low,)
Alarcon does not explicitly state that the charging accessory comprises a charge level indicator for the charge level of the power storage device.
However, Newton teaches a charger package for electronic cigarette components which teaches displaying a charge level indicator for the charge level of the power storage device. (Paragraph 27, an LD display presents a graphical representation of the battery reserve as a battery level indicator)
It would have been obvious to a person of ordinary skill in the art to have provided Alarcon with the battery level indicatory for the power storage device so that the user would know to recharge the power storage device.
Regarding claim 17, Alarcon in view of Flick teaches the charging accessory device of claim 11, and Alarcon further teaches wherein the charging accessory device further comprises charge level indicators configured to indicate a charge level of the battery when the aerosol delivery device is in the charging accessory, and a charge level of the power storage device. (Paragraph 73, the controller 210 may detect the battery level in the pack and the batter in the ESD, the controller may operate the user interface to indicate a status of the ESD and the pack, may indicate when the charge is low,)
Alarcon does not explicitly state that the charging accessory comprises a charge level indicator for the charge level of the power storage device.
However, Newton teaches a charger package for electronic cigarette components which teaches displaying a charge level indicator for the charge level of the power storage device. (Paragraph 27, an LD display presents a graphical representation of the battery reserve as a battery level indicator)
It would have been obvious to a person of ordinary skill in the art to have provided Alarcon with the battery level indicatory for the power storage device so that the user would know to recharge the power storage device.
Claims 8-9 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon in view of Flick, and further in view of Fernando et al (US 2010/0313901), hereinafter Fernando
Regarding claim 8, Alarcon in view of Flick teaches the system of claim 1, and teaches a second communication device to an outside computer source (Fig. 9: 310) does not teach wherein the charging accessory device is configured to receive a software update for the aerosol delivery device via the second communication interface and transmit the software update to the aerosol delivery device.
However, Fernando teaches an electrically heated smoking system (Abstract) wherein a communication interface, (paragraphs 31, paragraph 54) wherein the charging accessory device is configured to receive a software update for the aerosol delivery device via the second communication interface and transmit the software update to the aerosol delivery device. (Paragraph 74, teaches downloading a software update and setting personal configuration settings, Figs. 3A:303,)
It would have been obvious to a person of ordinary skill in the art to have included the ability to download software updates in the device of Alarcon as taught by Fernando in order to ensure up to date operation of the device.
Regarding claim 9, Alarcon in view of Flick and Fernando teaches the system of claim 8, and Alarcon further teaches wherein: the charging accessory device is further configured to determine the level of aerosol precursor composition remaining in a cartridge of the aerosol delivery device (paragraph 74, detects smoking liquid level) and to provide, via the second communication interface, an indication of the level of aerosol precursor composition remaining in the cartridge to a computing device (usage information which may include the liquid level may be transmitted to the computer or a social network website via data connector 224 or wirelessly); Alarcon further teaches displaying alerts and errors on the computing device (paragraph 74) and the computing device is further configured to display the level of aerosol precursor composition remaining in the cartridge. (Paragraph 73, the device may display when the cartridge is empty. Since the computing device displays error messages this would be displayed on the computing device)
Regarding claim 18, Alarcon in view of Flick teaches the charging accessory device of claim 11, and teaches a second communication device to an outside computer source (Fig. 9: 310)does not teach wherein the charging accessory device is configured to receive a software update for the aerosol delivery device via the second communication interface and transmit the software update to the aerosol delivery device.
However, Fernando teaches an electrically heated smoking system (Abstract) wherein a communication interface, (paragraphs 31, paragraph 54) wherein the charging accessory device is configured to receive a software update for the aerosol delivery device via the second communication interface and transmit the software update to the aerosol delivery device. (Paragraph 74, teaches downloading a software update and setting personal configuration settings, Figs. 3A:303,)
It would have been obvious to a person of ordinary skill in the art to have included the ability to download software updates in the device of Alarcon as taught by Fernando in order to ensure up to date operation of the device.
Regarding claim 19, Alarcon in view of Flick and Fernando teaches the charging accessory device of claim 18 Alarcon further teaches wherein: the charging accessory device is further configured to determine the level of aerosol precursor composition remaining in a cartridge of the aerosol delivery device (paragraph 74, detects smoking liquid level) and to provide, via the second communication interface, an indication of the level of aerosol precursor composition remaining in the cartridge to a computing device (usage information which may include the liquid level may be transmitted to the computer or a social network website via data connector 224 or wirelessly); Alarcon further teaches displaying alerts and errors on the computing device (paragraph 74) and the computing device is further configured to display the level of aerosol precursor composition remaining in the cartridge. (Paragraph 73, the device may display when the cartridge is empty. Since the computing device displays error messages this would be displayed on the computing device)
Claims 21 and 22 are rejected under 35 U.S.C. 103 as being unpatentable Alarcon in view of Flick, and further in view of LaMothe (US2014/0123989), hereinafter LaMothe.
Regarding claim 21, Alarcon in view of Peleg teaches the system of claim 1 but does not teach wherein the charging accessory device is further configured to receive a software update.
However, LaMothe teaches a fluid vaporization device (abstract, Fig. 11) which configured to receive a software update (paragraph 60, the battery component 200 may be implemented so that users can both upload information setting and profiles as well as downlow information, paragraph 61, download a new heating profile), via the communication interface (paragraph 60, may include wireless transmitter, paragraph 61, via USB on battery component), for the aerosol delivery device and execute the software update to update a software configuration of the aerosol delivery device in communication with the charging accessory device, the software update being a software revision to a current software version implemented on the aerosol delivery device and including a software configuration update selected from the group consisting of: an update to a configuration of a heating profile of the aerosol delivery device in relation to an amount of heat. (paragraph 61, software update related to the heating profile for the cartridge)
Therefore, the combination of Alarcon with LaMothe teaches wherein the charging accessory device is configured to receive a software update via the communication interface. (Alarcon teaches the communication interface on the charging device and LaMothe teaches that the software including the heating profile may be updated.)
It would have been obvious to a person of ordinary of art to provide the device of Alarcon with the ability to receive a software update as taught by LaMothe to modify update and customize their products. (paragraph 62)
Regarding claim 22, Alarcon in view of Flick teaches the charging accessory device of claim 11, and Alarcon further teaches comprising a communication interface, (Fig. 8: 216, paragraph 72, connector 216 exchange data with the sensor controller circuit) but does not teach wherein the charging accessory device is configured to receive a software update.
However, LaMothe teaches a fluid vaporization device (abstract, Fig. 11) which configured to receive a software update (paragraph 60, the battery component 200 may be implemented so that users can both upload information setting and profiles as well as download information, paragraph 61, download a new heating profile), via the communication interface (paragraph 60, may include wireless transmitter, paragraph 61, via USB on battery component), for the aerosol delivery device and execute the software update to update a software configuration of the aerosol delivery device in communication with the charging accessory device, the software update being a software revision to a current software version implemented on the aerosol delivery device and including a software configuration update selected from the group consisting of: an update to a configuration of a heating profile of the aerosol delivery device in relation to an amount of heat. (paragraph 61, software update related to the heating profile for the cartridge)
Therefore, the combination of Alarcon with LaMothe teaches wherein the charging accessory device is configured to receive a software update via the communication interface. (Alarcon teaches the communication interface on the charging device and LaMothe teaches that the software including the heating profile may be updated.)
It would have been obvious to a person of ordinary of art to provide the device of Alarcon with the ability to receive a software update as taught by LaMothe to modify update and customize their products. (paragraph 62)
Response to Arguments
Applicant's arguments filed 3/16/26 have been fully 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARGARET M LUARCA whose telephone number is (303)297-4312. The examiner can normally be reached 6:30 am - 3:30 pm MT.
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/MARGARET M LUARCA/ Primary Examiner, Art Unit 3785
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