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 .
DETAILED ACTION
This Office Action is in response to the Amendment filed 08/25/2025. In the instant Amendment, claims 1 and 11 were amended; claims 5 and 13 are cancelled; claims 1 and 11 are independent claims. Claims 1-4, 6-12 and 14-20 are pending in this application.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/26/2025 has been entered.
Response to Arguments
The double patenting rejection to claims 1-4, 6-12 and 14-20 is maintained.
Applicant’s arguments with respect to claim(s) 1 and 11 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.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4, 6-12 and 14-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of US Patent No: 11,882,438 in view of Tremblay et al (“Tremblay,” US 20150181945), Minskoff et al (“Minskoff,” US 20140246035) and further in view of Conley et al (“Conley, US 20130220315).
Regarding claim 1 of the instant application, claim 1 of US Patent No: 11,882,438 discloses all limitations of claim 1 but does not explicitly disclose wherein the application is configured to: determine that the identification data of the user is associated with an identifier of the nicotine dispenser and satisfies a first verification technique
However, in an analogous art, Tremblay discloses wherein the application is configured to: determine that the identification data of the user is associated with an identifier of the nicotine dispenser and satisfies a first verification technique, (Tremblay, [0171]-[0172], [0160]-[0161] describes responsive to determining the user’s age [identification data of the user] is associated with the serial numbers/IP addresses [identifier of nicotine dispenser] of the electronic cigarette [nicotine dispenser] retrieve the verified age [user information] by passcode or biometric identifier; also see [0240], [0207], [0148])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Tremblay with US Patent No: 11,882,438 to include wherein the application is configured to: determine that the identification data of the user is associated with an identifier of the nicotine dispenser and satisfies a first verification technique. One would have been motivated to and electronic vaping device to enhance or facilitate its use (Tremblay, [0007]).
US Patent No: 11,882,438 fails to explicitly disclose the first verification technique comprising comparing an age of the user specified in the identification data to an age stored in a user profile of the user.
However, in an analogous art, Minskoff discloses the first verification technique comprising comparing an age of the user specified in the identification data to an age stored in a user profile of the user, (Minskoff, [0210] describes verifying the user’s age by comparing the user’s age at the time of establishing a unique identification profile for the end user to prevent unintended use or abuse of the device by minors. Demographic data can be used to establish a user profile)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Minskoff with US Patent No: 11,882,438 to include the first verification technique comprising comparing an age of the user specified in the identification data to an age stored in a user profile of the user. One would have been motivated to provide electronic flameless vapor inhaler unit that stores and outputs data and that may simulate a cigarette or deliver nicotine and other medications to the oral mucosa, pharyngeal mucosa, tracheal, and pulmonary membranes (Minskoff, [0002]).
US Patent No: 11,882,438 fails to explicitly disclose responsive to the first verification technique and the second verification technique being satisfied, communicate the identification signal from the application on the personal communication device to the nicotine dispenser via the wireless communication link in order to physically unlock the nicotine dispenser; and wherein the nicotine dispenser is configured to physically unlock and allow use of the nicotine dispenser responsive to receipt of the identification signal from the application on the personal communication device
However, in an analogous art, Conley discloses responsive to the first verification technique and the second verification technique being satisfied, communicate the identification signal from the application on the personal communication device to the nicotine dispenser via the wireless communication link in order to physically unlock the nicotine dispenser; and wherein the nicotine dispenser is configured to physically unlock and allow use of the nicotine dispenser responsive to receipt of the identification signal from the application on the personal communication device, (Conley describes [0063], [0067]-[0070], responsive to the first verification technique and the second verification technique being satisfied, communicate the identification signal [0067], from the application [0065] on the personal communication device [0065]-[0066] to the nicotine dispenser [0003],[0078] via the wireless communication link [0065] in order to physically unlock the nicotine dispenser; [0003],[0078])
and wherein the nicotine dispenser [0003],[0078] is configured to physically unlock and allow use [0067]-[0070], of the nicotine dispenser [0003],[0078], responsive to receipt of the identification signal [0067] from the application [0065] on the personal communication device [0065]-[0066])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Conley with US Patent No: 11,882,438 to include responsive to the first verification technique and the second verification technique being satisfied, communicate the identification signal from the application on the personal communication device to the nicotine dispenser via the wireless communication link in order to physically unlock the nicotine dispenser; and wherein the nicotine dispenser is configured to physically unlock and allow use of the nicotine dispenser responsive to receipt of the identification signal from the application on the personal communication device. One would have been motivated to provide an electronic vaporizer (Conley, [0003]).
Claim Rejections - 35 USC § 103
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.
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.
Claims 1-4 and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay et al (“Tremblay,” US 20150181945), Cohen et al (“Cohen,” US 20140378790), Minskoff et al (“Minskoff,” US 20140246035) and further in view of Conley et al (“Conley, US 20130220315).
Regarding claim 1, Tremblay discloses a system for verifying an identity of a user of a nicotine dispenser, the system comprising:
a nicotine dispenser configured to remain locked until an identification signal has been received, the nicotine dispenser configured to communicate via a wireless communication link; (Tremblay, [0189], [0252] describes an electronic cigarette [nicotine dispenser] configured to remain locked until an identification signal has been received and the electronic cigarette [nicotine dispenser] is configured to communicate by a wireless communication link)
a personal communication device in wireless communication with the nicotine dispenser via the wireless communication link, and having an application configured to perform verification of identification data of a user, (Tremblay, [0105]-[0106], [0252] and [0161] describes a mobile phone [personal communication device] in a wireless connection with the electronic cigarette [nicotine dispenser] via the wireless communication link and having an application to perform verification of the user’s age [identification data of the user]; [0172] describes Bluetooth or other wireless connection)
the application having stored an association of the identification data of the user with the nicotine dispenser; (Tremblay, [0161], [0171], [0240], [0148] describes the application having stored an association of the user’s age [identification data of the user] by passcode or biometric identifier with the serial numbers and IP addresses [identifier] of the electronic cigarette [nicotine dispenser])
wherein the application is configured to: determine that the identification data of the user is associated with an identifier of the nicotine dispenser and satisfies a first verification technique; (Tremblay, [0160]-[0161], [0171]-[0172] describes determining the age of the user [identification data of the user] associated with the serial numbers/IP addresses of the electronic cigarette [nicotine dispenser] and verifies the users age by entering a passcode or biometric identifier [first verification technique]; also see [0240] and [0148])
responsive to determining that the identification data of the user is associated the identifier of the nicotine dispenser, retrieve verified user information stored in a user profile; (Tremblay, [0172], [0160]-[0161] describes responsive to determining the user’s age [identification data of the user] is associated with the serial numbers/IP addresses of the electronic cigarette [nicotine dispenser] retrieve the verified age [user information] stored in the user’s profile; also see [0240], [0207], [0148])
Tremblay fails to explicitly disclose wherein the application is configured to:
scan the identification data of the user; verify, using a second verification technique, biometric information captured via at least one sensor of the personal communication device based on the verified user information to create the identification signal;
However, in an analogous art, Cohen discloses wherein the application is configured to: scan the identification data of the user; (Cohen, [0103]-[0104], [0112] a method of eligibility requirement, the identity verification step comprises at least one of: evidence of meeting a minimum age requirement; [0125]-[0126] also describes a fingerprint scanner, lip print scanner, face recognition, a retinal scan [identification data of the user being a fingerprint, lip print, face, or retina] using a smartphone [personal communication device])
verify, using a second verification technique, biometric information captured via at least one sensor of the personal communication device based on the verified user information to create the identification signal, (Cohen, [0319], [0124]-[0126] describes a second verification technique such as fingerprint scanner, lip print scanner, face recognition, retinal scan where the identification recognition is performed using a smartphone to verify they are qualified to obtain said modified risk product such as tobacco; [0324] describes a profile associated with a modified risk product such as tobacco; 3, FIG 6 shows a smart phone with a camera; [0339] describes a smart phone [personal communication device which as a sensor]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Cohen with the method
and system of Tremblay to include wherein the application is configured to: scan the identification data of the user; verify, using a second verification technique, biometric information captured via at least one sensor of the personal communication device based on the verified user information to create the identification signal. One would have been motivated to deliver nicotine to an e-cigarette based on identity verification on meeting a minimum age requirement (Cohen, [0044] & [0103]).
Tremblay and Cohen fail to explicitly disclose the first verification technique comprising comparing an age of the user specified in the identification data to an age stored in a user profile of the user.
However, in an analogous art, Minskoff discloses the first verification technique comprising comparing an age of the user specified in the identification data to an age stored in a user profile of the user, (Minskoff, [0210] describes verifying the user’s age by comparing the user’s age at the time of establishing a unique identification profile for the end user to prevent unintended use or abuse of the device by minors. Demographic data can be used to establish a user profile)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Minskoff with the method
and system of Tremblay and Cohen to include the first verification technique comprising comparing an age of the user specified in the identification data to an age stored in a user profile of the user. One would have been motivated to provide electronic flameless vapor inhaler unit that stores and outputs data and that may simulate a cigarette or deliver nicotine and other medications to the oral mucosa, pharyngeal mucosa, tracheal, and pulmonary membranes (Minskoff, [0002]).
Tremblay, Cohen and Minskoff fail to explicitly disclose responsive to the first verification technique and the second verification technique being satisfied, communicate the identification signal from the application on the personal communication device to the nicotine dispenser via the wireless communication link in order to physically unlock the nicotine dispenser; and wherein the nicotine dispenser is configured to physically unlock and allow use of the nicotine dispenser responsive to receipt of the identification signal from the application on the personal communication device.
However, in an analogous art, Conley discloses responsive to the first verification technique and the second verification technique being satisfied, communicate the identification signal from the application on the personal communication device to the nicotine dispenser via the wireless communication link in order to physically unlock the nicotine dispenser; and wherein the nicotine dispenser is configured to physically unlock and allow use of the nicotine dispenser responsive to receipt of the identification signal from the application on the personal communication device, (Conley describes [0063], [0067]-[0070], responsive to the first verification technique and the second verification technique being satisfied, communicate the identification signal [0067], from the application [0065] on the personal communication device [0065]-[0066] to the nicotine dispenser [0003],[0078] via the wireless communication link [0065] in order to physically unlock the nicotine dispenser; [0003],[0078])
and wherein the nicotine dispenser [0003],[0078] is configured to physically unlock and allow use [0067]-[0070], of the nicotine dispenser [0003],[0078], responsive to receipt of the identification signal [0067] from the application [0065] on the personal communication device [0065]-[0066])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Conley with the method
and system of Tremblay, Cohen and Minskoff to include responsive to the first verification technique and the second verification technique being satisfied, communicate the identification signal from the application on the personal communication device to the nicotine dispenser via the wireless communication link in order to physically unlock the nicotine dispenser; and wherein the nicotine dispenser is configured to physically unlock and allow use of the nicotine dispenser responsive to receipt of the identification signal from the application on the personal communication device. One would have been motivated to provide an electronic vaporizer (Conley, [0003]).
Regarding claim 2, Tremblay, Cohen, Minskoff and Conley disclose the system of claim 1.
Trembley further discloses wherein the nicotine dispenser is further configured to receive the identification signal via the wireless communication link, (Tremblay, [0189], the controller 160 proceeds to disable the vapor-providing capability of the electronic cigarette 100. In other words, the controller 160 maintains the electronic cigarette 100 "unlocked" for vaping as long as it detects the vaping signature but "locks" the electronic cigarette 100 to prevent further vaping when it ceases to or otherwise does not detect the vaping signature. An individual who is not the legitimate user identified by the vaping signature recognized by the controller 160 is therefore unlikely to be able to enjoy a prolonged use of the electronic cigarette 100; [0252], [0172] communication link maybe
Wireless or Bluetooth)
Cohen further discloses wherein the identification signal indicates an age of the user is greater than a predetermined threshold, (Cohen, [0103]-[0104], a method of eligibility requirement, the identity verification step comprises at least one of: evidence of meeting a minimum age requirement. [Thus the system must have scanned the age to determine a minimum age to access the e-cigarette]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Cohen with the method
and system of Tremblay to include wherein the identification signal indicates an age of the user is greater than a predetermined threshold. One would have been motivated to deliver nicotine to an e-cigarette based on identity verification on meeting a minimum age requirement (Cohen, [0044] & [0103]).
Regarding claim 3, Tremblay, Cohen, Minskoff and Conley disclose the system of claim 1.
Tremblay further discloses wherein the application is further configured to retrieve a profile of the user, the profile identifying an age of the user, (Tremblay, [0207], gaming profile that is used with vaping & [0236], describes a profile of the user being an online social media account; [0161], authorization information can be user's age)
Regarding claim 4, Tremblay, Cohen, Minskoff and Conley disclose the system of claim 1.
Cohen further wherein the application is further configured to verify the identification data of the user based on a comparison between an age of the user and a predetermined threshold, (Cohen, [0103]-[0104], a method of eligibility requirement, the identity verification step comprises at least one of: evidence of meeting a minimum age requirement. Thus the system must have scanned the age to determine a minimum age to access the e-cigarette)
Therefore, it would have been obvious to one of ordinary skiII in the art before the effective filing date of the claimed invention to combine Cohen with the method and system of Tremblay to include wherein the application is further configured to verify the identification data of the user based on a comparison between an age of the user and a predetermined threshold. One would have been motivated to deliver nicotine to an e-cigarette based on identity verification on meeting a minimum age requirement (Cohen, [0044] & [0103]).
Regarding claim 6, Tremblay, Cohen, Minskoff and Conley disclose the system of claim 1.
Tremblay further discloses wherein the user is registered as the user of the nicotine dispenser based on a registration via at least one of the application or a server, the registration creating a profile of the user, the profile including the identifier of the nicotine dispenser, (Tremblay, [0207], gaming profile [there must be a registration] to enable vaping & [0236], describes a profile of the user being an online social media account; [0161], authorization information can be user's age; [0249], In the addressed technique, the electronic cigarette 100 is assigned a network identifier, such as an IP address, and is able to communicate over a network with other devices having IP addresses. As such, knowledge of the electronic cigarette's IP address allows other networked devices to communicate with the electronic cigarette 100. Such communication may include transmission of information to be visually conveyed by the visual output device 190 of the electronic cigarette 100; [0236], profile associated with an application such as a social media account).
Regarding claim 7, Tremblay, Cohen, Minskoff and Conley disclose the system of claim 6.
Tremblay further discloses wherein the profile of the user is stored by at least one of the application or the server responsive to the registration, (Tremblay, [0236], profile associated with an application such as a social media account [application]. It is implicit that a social media account is stored on a server).
Regarding claim 8, Tremblay, Cohen, Minskoff and Conley discloses the system of claim 1.
Tremblay further discloses wherein the application is further configured to verify the identification data of the user based on at least one of: (Tremblay, [0105]-[0106] & [0252] describes a communication device such as a smartphone, mobile phone, tablet, smart watch, head-mounted display, or even another electronic cigarette to communicate wirelessly and having an application to perform operations on the e-cigarette; [0161] describes verifying the user's age as an operation on the smart phone for accessing the e-cigarette)
voice recognition,
facial recognition,
biometric recognition, (Tremblay, [0065], the user interface 150 may include a biometric sensor to sense a biometric feature of the user (e.g., a fingerprint sensor) in order to identify and/or authenticate the user).
or personal identification recognition.
Regarding claim 9, Tremblay, Cohen, Minskoff and Conley disclose the system of claim 1.
Tremblay further discloses wherein the nicotine dispenser further comprises a micro-chip and a nicotine-containing unit, wherein the micro-chip is configured to one of enable or activate the nicotine containing unit, (Tremblay, [0291], integrated circuit [micro-chip]; [0064], The fluid-drawing detector 154 outputs a signal to the controller 160, which processes this signal and consequently activates the vaporizer 126 (e.g., turns on a heater therein). Activation of the vaporizer 126 can be done by issuing a signal (e.g., a "vaporize enable" signal) to the vaporizer 126. The vaporizer 126 responds by vaporizing a portion of the liquid (that may have been drawn from the container 124, e.g., using a wicking material), producing vapor which can be brought into the user's mouth by continuing to draw (e.g., puff, inhale, etc.) through the outlet 152)
Regarding claim 10, Tremblay, Cohen, Minskoff and Conley disclose the system of claim 9.
Tremblay further discloses wherein the nicotine dispenser further comprises a processor configured to receive the identification signal via the wireless communication link and communicate with the micro-chip to one of enable or activate the nicotine-containing unit, (Tremblay, [0095], processor; [0291], integrated circuit [micro-chip]; [0064], The fluid-drawing detector 154 outputs a signal to the controller 160, which processes this signal and consequently activates the vaporizer 126 (e.g., turns on a heater therein). Activation of the vaporizer 126 can be done by issuing a signal (e.g., a "vaporize enable" signal) to the vaporizer 126. The vaporizer 126 responds by vaporizing a portion of the liquid (that may have been drawn from the container 124, e.g., using a wicking material), producing vapor which can be brought into the user's mouth by continuing to draw (e.g., puff, inhale, etc.) through the outlet 152; [0252], [0172] communication link maybe Wireless or Bluetooth)
Claims 11-12 and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay et al (“Tremblay,” US 20150181945), Minskoff et al (“Minskoff,” US 20140246035) in view of Cohen et al (‘Cohen,” US 20140378790) and further in view of Conley et al (“Conley,” US 20130220315).
Regarding claim 11, Tremblay discloses a system for monitoring and controlling use of a nicotine dispenser, the system comprising:
a nicotine dispenser comprising a processor, (Tremblay, [0051], [0095], [0059] describes an electronic cigarette [nicotine dispenser] comprising a processor)
a memory, (Tremblay, [0160]-[0161], [0172] describes memory)
and a nicotine-containing unit; (Tremblay, [0051], [0095], [0059] describes an electronic cigarette [nicotine dispenser] comprising a processor; [0059] nicotine)
monitor the use of the nicotine dispenser by a user over the period of time; (Tremblay, [0136], monitors usage of the electronic cigarette 100 (e.g., a vaping pattern); [0104] & [0126] describes increasing or decreasing the amount of the particular constituent which can be nicotine; [0136] also describes determining a certain amount of time has elapsed since the last vape)
Tremblay fails to explicitly disclose obtain information stored in a user profile that indicates a user is associated with the nicotine dispenser and comprises verified user information, wherein the user profile identifies an age of the user.
However, in an analogous art, Minskoff discloses obtain information stored in a user profile that indicates a user is associated with the nicotine dispenser and comprises verified user information, wherein the user profile identifies an age of the user, (Minskoff, [0210] describes verifying the user’s age by comparing the user’s age at the time of establishing a unique identification profile for the end user to prevent unintended use or abuse of the device by minors. Demographic data can be used to establish a user profile; [0176], describes a nicotine dispenser)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Minskoff with the method
and system of Tremblay to include obtain information stored in a user profile that indicates a user is associated with the nicotine dispenser and comprises verified user information, wherein the user profile identifies an age of the user. One would have been motivated to provide an electronic flameless vapor inhaler unit that stores and outputs data and that may simulate a cigarette or deliver nicotine and other medications to the oral mucosa, pharyngeal mucosa, tracheal, and pulmonary membranes (Minskoff, [0002]).
Tremblay and Minskoff fail to explicitly disclose wherein the processor is configured to: receive, via a wireless communication from a personal communication device, a period of time over which to monitor use of the nicotine dispenser and a predetermined use threshold for the period of time.
However, in an analogous art, Cohen discloses wherein the processor is configured to: receive, via a wireless communication from a personal communication device, a period of time over which to monitor use of the nicotine dispenser and a predetermined use threshold for the period of time; (Cohen, [0443] describes a Bluetooth connection from a smartphone as described in [0126] and remotely monitoring transmitted usage patterns of the modified risk product or other tobacco product (FIG. 6, [0452]). Upon comparison, a skilled health professional could determine if abuse [above a threshold] or misuse is potentially occurring; [0118] describes a record of use over a given period of time)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Cohen with the method
and system of Tremblay and Minskoff to include wherein the processor is configured to: receive, via a wireless communication from a personal communication device, a period of time over which to monitor use of the nicotine dispenser and a predetermined use threshold for the period of time. One would have been motivated to deliver nicotine to an e-cigarette based on identity verification on meeting a minimum age requirement (Cohen, [0044] & [0103]).
Tremblay, Minskoff and Cohen fail to explicitly disclose determine, responsive to monitoring, that an amount of nicotine dispensed to the user over the period of time is greater than the predetermined use threshold; and automatically lock the nicotine-containing unit responsive to the determination.
However, in an analogous art, Conley discloses determine, responsive to monitoring, that an amount of nicotine dispensed to the user over the period of time is greater than the predetermined use threshold; and automatically lock the nicotine-containing unit responsive to the determination, (Conley discloses determine, responsive to monitoring [0062], that an amount of nicotine dispensed [0028] to the user over the period of time [0026] is greater than the predetermined use threshold [0062], [0071];
and automatically lock [0062]-[0063], [0071] the nicotine-containing unit responsive to the determination, [0072], [0078])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Conley with the method
and system of Tremblay, Minskoff and Cohen to include determine, responsive to monitoring, that an amount of nicotine dispensed to the user over the period of time is greater than the predetermined use threshold; and automatically lock the nicotine-containing unit responsive to the determination. One would have been motivated to provide an electronic vaporizer (Conley, [0003]).
Regarding claim 12, Tremblay, Minskoff. Cohen and Conley discloses the system of claim 11.
Tremblay further discloses wherein the nicotine-containing unit comprises a micro-chip, and wherein the processor is further configured to communicate with the micro- chip to lock or unlock the nicotine-containing unit, (Tremblay, [0291],
integrated circuit [micro-chip]; [0095], processor; [0189] the controller 160 proceeds to disable the vapor-providing capability of the electronic cigarette 100. In other words, the controller 160 maintains the electronic cigarette 100 "unlocked" for vaping as long as it detects the vaping signature but "locks" the electronic cigarette 100 to prevent further vaping when it ceases to or otherwise does not detect the vaping signature. An individual who is not the legitimate user identified by the vaping signature recognized by the controller 160 is therefore unlikely to be able to enjoy a prolonged use of the electronic cigarette 100; [0252], communication link maybe wireless)
Regarding claim 14, Tremblay, Minskoff, Cohen and Conley disclose the system of claim 11.
Tremblay further discloses wherein the processor is further configured to communicate with the third-party computing device to provide a lock indication responsive to locking the nicotine-containing unit, (Tremblay, [0162], describes a remote server and a third party; [0095], processor; [0051], e-cigarette [nicotine dispenser]; [0059], nicotine; [0282] describes usage monitoring; [0126], For instance, in various examples of situations, this may be useful for the user to: enable the vapor-providing capability of the electronic cigarette 100 when he/she wants to vape; disable [lock] the vapor-providing capability of the electronic cigarette 100 when he/she does not want to or cannot vape; disable the vapor-providing capability of the electronic cigarette 100 wf1en he/she 1Nants no one else to use the electronic cigarette 100 (e.g., if the electronic cigarette 100 is not with him/her, is near a child, etc.); decrease or increase an amount of a constituent (e.g., nicotine) of the vapor that can be vaped; etc.)
Regarding claim 15, Tremblay, Minskoff, Cohen and Conley disclose the system of claim 11.
Tremblay further discloses wherein the processor is further configured to lock or unlock the nicotine-containing unit responsive to the receipt of a signal from a third-party computing device, (Tremblay, [0162], describes a remote server and a third party; [0282] describes usage monitoring; [0095], processor; [0051], e-cigarette [nicotine dispenser]; [0059], nicotine; [0126], For instance, in various examples of situations, this may be useful for the user to: enable the vapor-providing capability of the electronic cigarette 100 when he/she wants to vape; disable [lock] the vapor-providing capability of the electronic cigarette 100 when he/she does not want to or cannot vape; disable the vapor-providing capability of the electronic cigarette 100 when he/she wants no one else to use the electronic cigarette 100 (e.g., if the electronic cigarette 100 is not with him/her, is near a child, etc.); decrease or increase an amount of a constituent (e.g., nicotine) of the vapor that can be vaped; etc.)
Regarding claim 16, Tremblay, Minskoff, Cohen and Conley disclose the system of claim 11.
Tremblay further discloses wherein the processor is further configured to transmit one of time data or location data regarding use of the nicotine dispenser to a third- party computing device responsive to use of the nicotine-containing unit, (Tremblay, [0162], describes a remote server and a third party; [0282] describes usage monitoring; [0095], processor; [0051], e-cigarette [nicotine dispenser]; [0059], nicotine; [0126], For instance, in various examples of situations, this may be useful for the user to: enable the vapor-providing capability of the electronic cigarette 100 when he/she wants to vape; disable [lock] the vapor-providing capability of the electronic cigarette100 when he/she does not want to or cannot vape; disable the vapor-providing capability of the electronic cigarette 100 when he/she 1Nants no one else to use the electronic cigarette 100 (e.g., if the electronic cigarette 100 is not with him/her, is near a child, etc.); decrease or increase an amount of a constituent (e.g., nicotine) of the vapor that can be vaped; etc.; For instance, in various embodiments, the controller 160 may be configured to cause the vapor-providing capability of the electronic cigarette 100 to be disabled in response to an external control signal from the communication device 400 that is external to the electronic cigarette 100 (e.g., a "remote" disablement}, or in response to one or more conditions independent of user input, such as a time- and/or location-dependent condition, having arisen (e.g., an "automatic" disablement}, as will be further discussed later)
Regarding claim 17, Tremblay, Minskoff, Cohen and Conley disclose the system of claim 11.
Tremblay further discloses wherein the processor is further configured to lock the nicotine-containing unit responsive to a predetermined time period of non-use, (Tremblay, [0162], describes a third party; [0282] describes usage monitoring;
[0095], processor; [0051], e-cigarette [nicotine dispenser]; [0059], nicotine; [0126], For instance, in various examples of situations, this may be useful for the user to: enable the vapor-providing capability of the electronic cigarette 100 when he/she wants to vape; disable [lock] the vapor-providing capability of the electronic cigarette 100 when he/she does not want to or cannot vape; disable the vapor-providing capability of the electronic cigarette 100 when he/she wants no one else to use the electronic cigarette 100 (e.g., if the electronic cigarette 100 is not with him/her, is near a child, etc.); decrease or increase an amount of a constituent (e.g., nicotine) of the vapor that can be vaped; etc.; For instance, in various embodiments, the controller 160 may be configured to cause the vapor-providing capability of the electronic cigarette 100 to be disabled in response to an external control signal from the communication device 400 that is external to the electronic cigarette 100 (e.g., a "remote" disablement}, or in response to one or more conditions independent of user input, such as a time- and/or location dependent condition, having arisen (e.g., an "automatic" disablement), as will be further discussed later)
Regarding claim 18, Tremblay, Minskoff, Cohen and Conley disclose the system of claim 11.
Tremblay further discloses wherein the processor is further configured to unlock the nicotine-containing unit responsive to determining a time-of-day corresponds to a predetermined value, (Tremblay, [0095], processor; [0051], e-cigarette [nicotine dispenser]; [0059], nicotine; [0111], VGA events (whether local or remote) may be defined by one or more conditions (e.g., circumstances) that may involve various factors, including, for example, one or more of: time (e.g., to prevent or limit vaping at certain times of day or other specified moments; and/or to prevent vaping after a predetermined period has lapsed since the electronic cigarette 100 was last used to vape); a smoking cessation program of the user (e.g., to prevent the user from vaping more frequently, longer, etc. than permitted under the smoking cessation program)
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay et al ("Tremblay," US 20150181945), Minskoff et al (“Minskoff,” US 20140246035), Cohen et al ("Cohen," US 20140378790) in view of Conley et al (“Conley,” US 20130220315) and further in view of Baker et al ("Baker," US 20180286207)
Regarding claim 19, Tremblay, Minskoff, Cohen and Conley disclose the system of claim 12.
Tremblay further discloses wherein the processor is further configured to communicate with the micro-chip (Tremblay, [0291], integrated circuit [micro-chip];
[0095], processor; [0051], e-cigarette [nicotine dispenser]; [0059], nicotine).
Tremblay, Minskoff, Cohen and Conley fail to explicitly disclose to determine a compatibility of the nicotine-containing unit.
However, in an analogous art, Baker discloses to determine a compatibility of the nicotine-containing unit, (Baker, [0020], processor; [0095] describes using protocols to increase compatibility; [0063] describes using communications to retrieve usage to unlock thee-cigarette to control settings on the e-cigarette)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Baker with the method
and system of Tremblay, Minskoff, Cohen and Conley to include to determine a compatibility of the nicotine-containing unit. One would have been motivated to include a policy notification system and method for electronic vapor provision systems such as
electronic delivery systems (e.g. e-cigarettes) to determine compatibility to control
settings of the e-cigarette (Baker, [0002], [0063] & [0095])
Regarding claim 20, Tremblay, Minskoff, Cohen, Conley and Baker disclose the system of claim 19.
Baker further discloses wherein the processor is further configured to unlock the nicotine-containing unit responsive to determining that the nicotine-containing unit is compatible, (Baker, [0020], processor; [0095] describes using protocols to increase compatibility; [0063] describes using communications to retrieve usage to unlock thee-cigarette to control settings on the e-cigarette)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine Baker with the method
and system of Tremblay, Minskoff, Cohen and Conley to include wherein the processor is further configured to unlock the nicotine-containing unit responsive to determining that the nicotine-containing unit is compatible. One would have been motivated to include a policy notification system and method for electronic vapor provision systems such as electronic delivery systems (e.g. e-cigarettes) to determine compatibility to control settings of the e-cigarette (Baker, [0002], [0063] & [0095])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES J WILCOX whose telephone number is (571)270-3774. The examiner can normally be reached M-F: 8 A.M. to 5 P.M..
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/JAMES J WILCOX/Examiner, Art Unit 2439
/LUU T PHAM/Supervisory Patent Examiner, Art Unit 2439
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