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 1-17 are pending. Claim 15 has been amended.
Response to Amendment
Applicant’s amendments to claim 15 has 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 06/25/2026 have been fully considered but they are not persuasive.
Applicant asserts that the Ferrari reference does not disclose performing biometric authentication based on a comparison of biometric information registered in the past. The Examiner respectfully disagrees. Ferrari discloses using stored reference biometric data to compare to recently measured biometric feature when performing biometric authentication. (see paras. 28-29, 32-33, 87-88). The reference biometric data has been previously stored and thus equates to biometric information registered in the past. Therefore, the applied prior art reads on the aforementioned claim limitations.
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 1-3, 5-8, 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Sur et al. (US Pub. 20200128877A1) and further in view of Ferrari et al. (US Pub. 20230346037 A1).
Sur discloses the following limitations:
(currently amended) An information processing method comprising:
acquiring biometric information of a user (para. 9- to enroll the user for biometric authentication, the microprocessor in the enrollment mode configured to receive a baseline electrocardiogram signal for the user from the heart rate monitor, and generate the corresponding identifier from the baseline electrocardiogram signal.);
acquiring a predetermined request from the user (para. 79- The control component may then be configured to control operation of at least one functional element of the aerosol delivery device 100 or the control body 102 based on the biometric authentication, such as to alter a locked state of the aerosol delivery device or its control body. In this regard, the aerosol delivery device or its control body may be locked whereby the device/control body or more specifically one or more of its components (e.g., atomizer) may be disabled, and the control component may unlock the device/control body when the user is authenticated) ;
performing biometric authentication, based on a comparison of the biometric information acquired before the predetermined request is acquired (para. 11- perform the biometric authentication includes the microprocessor further configured to at least access corresponding identifiers of an authorized user, the corresponding identifiers formed from respective baseline electrocardiogram signals for the authorized user; perform a comparison of the identifier with the corresponding identifiers; and based on the comparison, verify the user is the authorized user when the identifier and any of the corresponding identifiers match or have at least a threshold similarity.); and
controlling an operation of an inhaler device in accordance with a result of the biometric authentication (para. 18- perform a biometric authentication of the user based on the identifier, and wherein the microprocessor further configured to control operation of the at least one functional element includes the microprocessor further configured to alter a locked state of the control body based on the biometric authentication), the inhaler device being configured to generate an aerosol to be inhaled by the user, (para. 36)
wherein the acquiring of the biometric information includes repeatedly acquiring the biometric information at a predetermined cycle before acquiring the predetermined request.(para. 83-84- re-enrollment of biometric information occurring at intervals)
Sur does not specifically teach that the comparison is performed with biometric information registered in the past. However, in the related art of aerosol generating devices which perform biometric authentication, Ferrari teaches where the comparison is performed with biometric information registered in the past. (see paras. 28-29, 32-33, 87-88) 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 Ferrari with the disclosure of Sur as a known way to have reference biometric features available that were provide during a set-up procedure to be used during the initial authentication processes.
2. (previously presented) The information processing method according to claim 1, wherein the performing of the biometric authentication includes performing the biometric authentication, based on the biometric information that is acquired last among pieces of biometric information obtained by repeatedly acquiring the biometric information. (para. 10- force re-enrollment of the user, including the microprocessor further configured to repeat the enrollment mode in which the microprocessor is configured to receive an updated baseline electrocardiogram signal for the user, and update the corresponding identifier from the updated baseline electrocardiogram signal.)
3. (previously presented) The information processing method according to claim 2, wherein the performing of the biometric authentication includes performing the biometric authentication, based on the biometric information that is acquired last among the pieces of biometric information obtained by repeatedly acquiring the biometric information and that is acquired within a predetermined time before a timing at which the predetermined request is acquired. (para. 83-84)
5. (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. 85, 96)
6. (Original) The information processing method according to claim 1, wherein the controlling of the operation of the inhaler device includes: permitting or prohibiting execution of a process of generating the aerosol. (para. 80- the control component may then unlock the aerosol delivery device 100 or its control body 102 when the user is verified as the authorized user.)
7. (Original) The information processing method according to claim 1, wherein the predetermined request is acquired by the inhaler device. (para. 79)
8. (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. 95)
10. (Original) The information processing method according to claim 1, wherein the biometric authentication is performed by the inhaler device. (para. 79)
11. (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. 92)
12. (Original) The information processing method according to claim 1, wherein the biometric authentication is performed by a server located on the Internet. (para. 92-93, 96)
Regarding claim 13, 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. 2-3)
14. (Original) The aerosol generation system according to claim 13, 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. (paras. 38, 40)
Regarding claim 15, it merely recites a computer program that when executed, performs the functional steps of method claim 1, and thus, rejected for the same rationale.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over the combination of Sur and Ferrari and further in view of Lo et al. (US Pub. 20150172285).
Regarding claim 4, Sur discloses in the information processing method according to claim 2, further comprising: when the biometric information that is acquired last among the pieces of biometric information obtained by repeatedly acquiring the biometric information is acquired outside a predetermined time from a timing at which the predetermined request is acquired, newly acquiring the biometric information (para. 83-84)
Sur does not specifically teach performing the biometric authentication, based on the biometric information that is newly acquired, instead of performing the biometric authentication based on the biometric information acquired before the predetermined request is acquired. However, in the related art of biometric authentication, Lo teaches performing the biometric authentication, based on the biometric information that is newly acquired, instead of performing the biometric authentication based on the biometric information acquired before the predetermined request is acquired (see abstract, paras. 2,3,18). 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 Lo with the disclosure of Lo as a known way to account for user changes over time when performing biometric authentication on the user as suggested by Lo.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable the combination of Sur and Ferrari further in view of Cali et al. (US Pub. 20230385392 A1).
Regarding claim 9, Sur does not specifically teach that the biometric information is acquired by a wearable terminal worn by the user. However, in the related art of aerosol devices using biometric information, Cali teaches that the biometric information is acquired by a wearable terminal worn by the user (see paras. 83-84). 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 Cali with the disclosure of Sur as a known alternative way of collecting biometric information to be used in authenticating a user of an aerosol device.
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Sur and Ferrari and further in view of Cartaya (US Pub. 20170063850 A1).
Regarding claims 16-17, Sur does not specifically teach wherein the acquiring biometric information of a user includes a time at which the biometric information was acquired, wherein the performing biometric authentication comprises comparing a time of the request with the time at which the biometric information was acquired. However, in the related art of performing biometric authentication, Cartaya teaches the acquiring biometric information of a user includes a time at which the biometric information was acquired, wherein the performing biometric authentication comprises comparing a time of the request with the time at which the biometric information was acquired. (see Fig. 20 and associated paras., paras. 39, 46). 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 Cartaya with the disclosure of Sur as a known way to ensure that stale enrolled biometrics are not used in the biometric authentication procedure as suggested by Cartaya.
Conclusion
THIS ACTION IS MADE FINAL. 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Pwu can be reached at (571)272-6798. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM A CORUM JR/Primary Examiner, Art Unit 2433
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