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 .
Claims 1-20 are pending. Claims 1-2, 18 and 20 have been amended.
Response to Amendment
Applicant’s amendments to claims 1-2, 18 and 20 have been considered and are accepted. The Examiner finds that applicant's amendments do have support in applicant's as-filed disclosure.
Response to Arguments
Applicant’s arguments filed 02/09/2026 have been fully considered but they are not persuasive.
In light of applicant’s amendment to the specification, the objection is withdrawn.
Applicant’s arguments regarding the rejections of the claims under the prior art have been fully considered. However, those arguments are rendered moot in light of the new grounds of rejection outlined below, which were necessitated by the applicant's amendment.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 8, 10-13, 15-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ferrari et al. (US Pub. 20230346037 A1).
Ferrari discloses the following limitations:
1. (Currently Amended) An information processing method comprising:
acquiring a predetermined request for requesting an inhaler device to execute a predetermined process, the inhaler device being configured to generate an aerosol to be inhaled by a user (para. 353); and
determining whether to perform biometric authentication based on biometric information of the user before the predetermined process is executed, in accordance with whether a predetermined condition is satisfied (para. 21-23),
wherein the determining of whether to perform biometric authentication includes: determining not to perform the biometric authentication before the predetermined process is executed, when the predetermined condition is satisfied (para. 41-42- predetermined condition= max period of time expired since last successful authorization, para. 66), and
wherein the predetermined process is unlocking/activating the inhaler device, and when the inhaler device is locked/inactivated, the biometric authentication is not performed before unlocking/activating the inhaler device when the predetermined condition is satisfied. (para. 41-42- predetermined condition= max period of time expired since last successful authorization, para. 66)
2. (Currently Amended) The information processing method according to claim 1, wherein the determining of whether to perform biometric authentication includes: determining to perform the biometric authentication before the predetermined process is executed, when the predetermined condition is not satisfied. (para. 69-70)
3. (Original) The information processing method according to claim 2, further comprising: controlling the inhaler device to execute the predetermined process when the predetermined condition is satisfied. (para. 69-70)
4. (Original) The information processing method according to claim 2, further comprising: when the predetermined condition is not satisfied, acquiring the biometric information of the user; performing the biometric authentication, based on the acquired biometric information; and controlling the inhaler device to execute the predetermined process in response to the biometric authentication being successful. (para. 65-66)
5. (Original) The information processing method according to claim 1, wherein the predetermined condition includes a condition that the inhaler device has executed the predetermined process within a first predetermined time before the predetermined request is acquired. (para. 42, 45)
8. (Original) The information processing method according to claim 5, wherein the first predetermined time is set in accordance with a time period. (para. 42, 45)
10. (Original) The information processing method according to claim 1, wherein the predetermined process is a process of permitting execution of a process of generating the aerosol. (para. 15)
11. (Original) The information processing method according to claim 1, wherein the biometric authentication is performed based on a plurality of types of the biometric information. (para. 22, 102)
12. (Original) The information processing method according to claim 1, wherein the predetermined request is acquired by the inhaler device. (para. 40-41)
13. (Original) The information processing method according to claim 1, wherein the predetermined request is acquired by a terminal device associated with the inhaler device in advance. (para. 18, 91-92, 94)
15. (Original) The information processing method according to claim 1, wherein the biometric authentication is performed by the inhaler device. (para. 26)
16. (Original) The information processing method according to claim 1, wherein the biometric authentication is performed by a terminal device associated with the inhaler device in advance. (para. 18, 91-92, 94)
17. (Original) The information processing method according to claim 1, wherein the biometric authentication is performed by a server located on the Internet. (para. 389-391)
Regarding claim 18, it is rejected as applied to claim 1 because a corresponding system would have been necessitated to carry forth the method steps of claim 1. The applied prior art also discloses the corresponding architecture. (Figs. 1-2)
19. (Original) The aerosol generation system according to claim 18, wherein the inhaler device is configured to generate the aerosol by using a substrate including at least one of an aerosol source from which the aerosol is generated or a flavor source from which a flavor to be imparted to the aerosol is generated, and the aerosol generation system includes the substrate. (para. 14)
Regarding claim 20, it merely recites a computer program that when executed, performs the functional steps of method claim 1, and thus, rejected for the same rationale. (para. 124)
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.
Claims 6-7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Ferrari and further in view of Hatamian et al. (US Pub. 20200061314 A1).
Regarding claims 6 and 7, Ferrari does not specifically teach wherein the first predetermined time is set in accordance with a position of the user or a situation around the user. However, in the related art of performing biometric authentication of an inhaler device, Hatamian teaches security events requiring re-authentication/authorization (see para. 74- including after predetermined time, predetermined time = time when a user has put down the device (i.e. position of the user; predetermined time = when a link to the device is broken/inhaler has exceeded a specified distance from the user device (i.e. a situation around the user)). Therefore, before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use this teaching of Hatamian with the disclosure of Ferrari as known alternative security events where a re-authentication of the inhaler device should be required to prevent non authorized use of the inhaler.
Regarding claim 9, Ferrari does not specifically teach the predetermined condition includes a condition that the biometric authentication based on the biometric information acquired within a second predetermined time before the predetermined request is acquired has succeeded. However, in the related art of performing biometric authentication of an inhaler device, Hatamian teaches the predetermined condition includes a condition that the biometric authentication based on the biometric information acquired within a second predetermined time before the predetermined request is acquired has succeeded. (see para. 75). Therefore, before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use this teaching of Hatamian with the disclosure of Ferrari as a known alternative way to prevent non-authorized use of the inhaler device.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Ferrari and further in view of Terry et al. (US Pub. 20190175846 A1).
Regarding claim 14, Ferrari does not specifically teach wherein the biometric information is acquired by a wearable terminal worn by the user. However, in the related art of performing biometric authentication of an inhaler device, Terry teaches wherein the biometric information is acquired by a wearable terminal worn by the user. (para. 537, 547). Therefore, before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use this teaching of Terry with the disclosure of Ferrari as a known alternative way to offload biometric processing to a smart device being worn by a user thereby reducing processing requirements for the inhaler device.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM A CORUM JR whose telephone number is (303)297-4234. The examiner can normally be reached Mon. - Fri. 8 AM - 5 PM EST.
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/WILLIAM A CORUM JR/Primary Examiner, Art Unit 2433