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
1.This action is response to application filed on 06/07/2024. Claims 1-26, 30 are pending.
2. Acknowledgment is made of applicant's amendments to the specification filed on 03/29/2024.
Claim Objection
3. Claim 12 is objected to because of the following informalities: it depends on itself. For examination purpose, examiner interprets claim 12 depends on claim 11. Clarification is requested.
Claim rejections-35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
4. Claim 10 recites the limitation "the authentication datum" in line 3. There is insufficient antecedent basis for this limitation in the claim. It respectfully notes that its ancient is “a sensed datum”/or “validate the sensed datum”. Appropriate correction is requested.
5. Claim 19 recites the limitation "the authentication datum" in line 3. There is insufficient antecedent basis for this limitation in the claim. It respectfully notes that its ancient is “a sensed datum”/or “validate the sensed datum”. Appropriate correction is requested.
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.
6. Claims 1, 3-5, 7, 11, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (WO 2022064173 A1) in view of Kilger et al. (US 20220016364) and further in view of Daugherty et al. (US 20240341367)
Regarding claim 1:
An apparatus for preventing counterfeit aerosol delivery, wherein the apparatus comprises:
a cartridge, wherein the cartridge comprises: at least one reservoir configured to store an aerosolizable material: (the cartridge comprises a reservoir for aerosolisable material: Xiao abstract);
an aerosol delivery mechanism configured to generate aerosol using the aerosolizable material stored in the at least one reservoir: (a vaporiser for vaporising aerosolisable material from the reservoir: abstract); and
an electrical interface having a resistor associated with a unique identifier and a device, wherein the device comprises: at least a sensor; and a processing circuit communicatively connected to the at least a sensor: (an aerosol provision system includes a cartridge comprising a reservoir; a vaporiser for vaporising aerosolisable material from the reservoir; and a sensor system including resistor: Xiao, abstract).
read the unique identifier associated with the resistor upon an electrical connection of the cartridge and the device through the electrical interface; validate the sensed datum and the unique identifier: (Xiao teaches aerosol provision system which comprises, in a broad sense, a reservoir for aerosolisable material; a vaporiser for vaporising aerosolisable material from the reservoir; and a sensor system, separate from the vaporiser, for detecting the temperature of the vaporiser, wherein the sensor system comprises a first resistor. Sensor arrangements which determine the temperature of the vaporiser by monitoring the resistance value (unique identifier) of the vaporiser itself. From this resistance value of the vaporiser, the sensor arrangement can then determine the temperature of the vaporiser, noting the resistance of the vaporiser is directly related to the temperature of the vaporiser. Whilst such arrangements are entirely workable in practice, these sensor arrangements notionally rely on the higher power circuitry which is also used to power the vaporiser: Xiao, page 20 lines 27-36).
However, Xiao does not explicitly teach detect a sensed datum pertaining to a user using the at least a sensor.
In similar art, Kilger teaches a system can optionally further comprise a user interface with at least one of a fingerprint sensor, a face recognition sensor, a lip recognition sensor, and an activation switch, an LED, a display (see, Kilger [0108]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Kilger’s ideas into Xiao’s system in order to provide an improved mobile inhaler (Kilger [0021]).
However, Xiao-Kilger does not explicitly teach activate the aerosol delivery mechanism of the cartridge as a function of a positive validation of the sensed datum and the unique identifier.
In similar art, Daugherty teaches the device operates responding to the user age is authorized through the verification process (Daugherty, figure 18).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Daugherty’s ideas into Xiao-Kilger’s system in order to provide an efficient aerosol delivery system (Daugherty [0002]).
Regarding claim 3:
In addition to the rejection claim 1, Xiao-Kilger-Daugherty further teaches the unique identifier comprises a resistance value: (monitoring the resistance value (unique identifier): Xiao, page 20 lines 27-36).
Regarding claim 4:
In addition to the rejection claim 1, Xiao-Kilger-Daugherty further teaches a biometric sensor: (a fingerprint sensor, a face recognition sensor, a lip recognition sensor, and an activation switch, an LED, a display: Kilger [0108]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Kilger’s ideas into Xiao-Daugherty’s system in order to provide an improved mobile inhaler (Kilger [0021]).
Regarding claim 5:
In addition to the rejection claim 4, Xiao-Kilger-Daugherty further teaches at least a biometric identifier of the user detected by the biometric sensor: (a person's identity is his/her fingerprint: Kilger [0151]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Kilger’s ideas into Xiao-Daugherty’s system in order to provide an improved mobile inhaler (Kilger [0021]).
Regarding claim 7:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 1, but does not explicitly teach a wireless communication device configured to communicate the sensed datum and the unique identifier to an external device, wherein the wireless communication device comprises: a near field communication (NFC) chip; and an antenna communicatively connected to the NFC chip: (the identification can also be performed by wireless communication between the mobile inhaler and the liquid container, such as by using an interface for radio communication, such as interfaces to communicate with RFID-chips or communication systems marketed as Bluetooth™ or Wi-Fi™, or NFC communication: Kilger [0092]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Kilger’s ideas into Xiao-Daugherty’s system in order to provide an improved mobile inhaler (Kilger [0021]).
Regarding claim 11:
A method for preventing counterfeit aerosol delivery, wherein the method comprises:
electrically connecting, through an electrical interface having a resistor, a cartridge and a device: (an aerosol provision system includes a cartridge comprising a reservoir; a vaporiser for vaporising aerosolisable material from the reservoir; and a sensor system including resistor: Xiao, abstract).
the cartridge comprises: at least one reservoir configured to store an aerosolizable material (the cartridge comprises a reservoir for aerosolisable material: Xiao abstract); and an aerosol delivery mechanism configured to generate aerosol using the aerosolizable material stored in the at least one reservoir (a vaporiser for vaporising aerosolisable material from the reservoir: abstract); and the device comprises at least a sensor (a sensor system: Xiao abstract).
reading, by the processing circuit, a unique identifier associated with the resistor; validating, by the processing circuit, the sensed datum, and the unique identifier: (Xiao teaches aerosol provision system which comprises, in a broad sense, a reservoir for aerosolisable material; a vaporiser for vaporising aerosolisable material from the reservoir; and a sensor system, separate from the vaporiser 40, for detecting the temperature of the vaporiser, wherein the sensor system comprises a first resistor. Sensor arrangements which determine the temperature of the vaporiser by monitoring the resistance value (unique identifier) of the vaporiser itself. From this resistance value of the vaporiser, the sensor arrangement can then determine the temperature of the vaporiser, noting the resistance of the vaporiser is directly related to the temperature of the vaporiser. Whilst such arrangements are entirely workable in practice, these sensor arrangements notionally rely on the higher power circuitry which is also used to power the vaporiser: Xiao, page 20 lines 27-36).
However, Xiao detecting, by a processing circuit, a sensed datum pertaining to a user using the at least a sensor.
In similar art, Kilger teaches a system can optionally further comprise a user interface with at least one of a fingerprint sensor, a face recognition sensor, a lip recognition sensor, and an activation switch, an LED, a display (see, Kilger [0108]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Kilger’s ideas into Xiao’s system in order to provide an improved mobile inhaler (Kilger [0021]).
However, Xiao-Kilger does not explicitly teach activating, by the processing circuit, the aerosol delivery mechanism of the cartridge as a function of a positive validation of the sensed datum and the unique identifier.
In similar art, Daugherty teaches an optical detector may include a reader for scanning a QR or other bar code that is displayed on the app or webpage which corresponds to age verification with the age verification system. The reader of such embodiments scans this QR code which enables the device to be unlocked. The age verification system may include a database that tracks users along with ages, as well as maintains a record of the devices and components (e.g. cartridges) along with approvals. It may be encrypted and/or use anonymous identifiers (e.g. numbers, letters, or any alphanumeric identifiers) for each user: [0006]; [0123]-[0124]; [0165]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Daugherty’s ideas into Xiao-Kilger’s system in order to provide an efficient aerosol delivery system (Daugherty [0002]).
Regarding claim 20:
An apparatus for preventing counterfeit aerosol delivery, wherein the apparatus comprises:
a cartridge, wherein the cartridge comprises: at least one reservoir configured to store an aerosolizable material: (the cartridge comprises a reservoir for aerosolisable material: Xiao abstract); an aerosol delivery mechanism configured to generate aerosol using the aerosolizable material stored in the at least one reservoir (a vaporiser for vaporising aerosolisable material from the reservoir: Xiao abstract); and
an electrical interface having a resistor associated with a unique identifier; and a device (an aerosol provision system includes a cartridge comprising a reservoir; a vaporiser for vaporising aerosolisable material from the reservoir; and a sensor system including resistor: Xiao, abstract);
read the unique identifier associated with the resistor upon an electrical connection of the cartridge and the device through the electrical interface; validate the sensed datum and the unique identifier: (Xiao teaches aerosol provision system which comprises, in a broad sense, a reservoir for aerosolisable material; a vaporiser for vaporising aerosolisable material from the reservoir; and a sensor system, separate from the vaporiser, for detecting the temperature of the vaporiser, wherein the sensor system comprises a first resistor. Sensor arrangements which determine the temperature of the vaporiser by monitoring the resistance value (unique identifier) of the vaporiser itself. From this resistance value of the vaporiser, the sensor arrangement can then determine the temperature of the vaporiser, noting the resistance of the vaporiser is directly related to the temperature of the vaporiser. Whilst such arrangements are entirely workable in practice, these sensor arrangements notionally rely on the higher power circuitry which is also used to power the vaporiser: Xiao, page 20 lines 27-36).
However, Xiao does not explicitly teach the device comprises: at least a fingerprint scanner.
In similar art, Kilger teaches a system can optionally further comprise a user interface with at least one of a fingerprint sensor, a face recognition sensor, a lip recognition sensor, and an activation switch, an LED, a display (see, Kilger [0108]).
activated by a wireless communication device, having a near-field communication (NFC) chip and an antenna communicatively connected to the NFC chip, upon receiving an activation datum from an external device in communication with the wireless communication device (the identification can also be performed by wireless communication between the mobile inhaler and the liquid container, such as by using an interface for radio communication, such as interfaces to communicate with RFID-chips or communication systems marketed as Bluetooth™ or Wi-Fi™, or NFC communication: Kilger [0092]);
a device processing circuit communicatively connected to the at least a fingerprint scanner, wherein the processing circuit is configured to: detect a sensed datum pertaining to a user using the at least a fingerprint scanner: (the authentication device can be connected to the at least one of the system and the mobile inhaler via at least one of NFC, RFID, Bluetooth and another form of wireless communication. Kilger teaches a system can optionally further comprise a user interface with at least one of a fingerprint sensor, a face recognition sensor, a lip recognition sensor, and an activation switch, an LED, a display (see, Kilger [0108]; [0162]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Kilger’s ideas into Xiao’s system in order to provide an improved mobile inhaler (Kilger [0021]).
However, Xiao- Kilger does not teach activate the aerosol delivery mechanism of the cartridge as a function of a positive validation of the sensed datum and the unique identifier.
In similar art, Daugherty teaches the device operates responding to the user age is authorized through the verification process (Daugherty figure 18).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Daugherty’s ideas into Xiao- Kilger’s system in order to provide an efficient aerosol delivery system (Daugherty [0002]).
7. Claim 30 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao (WO 2022064173 A1) in view of Kilger et al. (US 20220016364) and in view of Daugherty et al. (US 20240341367) and further in view of Bucknor Jr et al. (US 20210016020)
Regarding claim 30:
An apparatus for preventing counterfeit aerosol delivery, wherein the apparatus comprises:
a cartridge, wherein the cartridge comprises: a top housing having at least one reservoir configured to store an aerosolizable material (the cartridge comprises a reservoir for aerosolisable material: Xiao abstract); an aerosol delivery mechanism configured to generate aerosol using the aerosolizable material stored in the at least one reservoir (a vaporiser for vaporising aerosolisable material from the reservoir: Xiao abstract);
an electrical interface having a resistor associated with a unique identifier (Xiao teaches aerosol provision system which comprises, in a broad sense, a reservoir for aerosolisable material; a vaporiser for vaporising aerosolisable material from the reservoir; and a sensor system, separate from the vaporiser, for detecting the temperature of the vaporizer, wherein the sensor system comprises a first resistor. Sensor arrangements which determine the temperature of the vaporiser by monitoring the resistance value (unique identifier) of the vaporiser itself. From this resistance value of the vaporiser, the sensor arrangement can then determine the temperature of the vaporiser, noting the resistance of the vaporiser is directly related to the temperature of the vaporiser. Whilst such arrangements are entirely workable in practice, these sensor arrangements notionally rely on the higher power circuitry which is also used to power the vaporiser: Xiao, page 20 lines 27-36: Xiao, page 20 lines 27-36);
a device, wherein the device comprises: at least a sensor; and a processing circuit communicatively connected to the at least a sensor (Xiao teaches aerosol provision system which comprises, in a broad sense, a reservoir for aerosolisable material; a vaporiser for vaporising aerosolisable material from the reservoir; and a sensor system, separate from the vaporiser, for detecting the temperature of the vaporiser: Xiao, page 20 lines 27-36);
read the unique identifier associated with the resistor upon an electrical connection of the cartridge and the device through the electrical interface; validate the sensed datum and the unique identifier: (Xiao teaches aerosol provision system which comprises, in a broad sense, a reservoir for aerosolisable material; a vaporiser for vaporising aerosolisable material from the reservoir; and a sensor system, separate from the vaporiser, for detecting the temperature of the vaporizer, wherein the sensor system comprises a first resistor. Sensor arrangements which determine the temperature of the vaporiser by monitoring the resistance value (unique identifier) of the vaporiser itself. From this resistance value of the vaporiser, the sensor arrangement can then determine the temperature of the vaporiser, noting the resistance of the vaporiser is directly related to the temperature of the vaporiser. Whilst such arrangements are entirely workable in practice, these sensor arrangements notionally rely on the higher power circuitry which is also used to power the vaporiser: Xiao, page 20 lines 27-36: Xiao, page 20 lines 27-36);
However, Xiao does not explicitly teach detect a sensed datum pertaining to a user using the at least a sensor.
In similar art, Kilger teaches an authentication device can be connected to the at least one of the system and the mobile inhaler via at least one of NFC, RFID, Bluetooth and another form of wireless communication. Kilger teaches a system can optionally further comprise a user interface with at least one of a fingerprint sensor, a face recognition sensor, a lip recognition sensor, and an activation switch, an LED, a display (see, Kilger [0108]; [0162]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Kilger’s ideas into Xiao’s system in order to provide an improved mobile inhaler (Kilger [0021]).
However, Xiao-Kilger does not teach activate the aerosol delivery mechanism of the cartridge as a function of a positive validation of the sensed datum and the unique identifier.
In similar art, Daugherty teaches the device operates responding to the user age is authorized through the verification process (Daugherty figure 18).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Daugherty’s ideas into Xiao-Kilger’s system in order to provide an efficient aerosol delivery system (Daugherty [0002]).
However, Xiao-Kilger-Daugherty and a bottom housing, wherein the bottom housing comprises: a chamfered wall located at a joining edge of the bottom housing, wherein the chamfered wall is configured to facilitate a laser welding of the bottom housing to the top housing.
In similar art, Bucknor teaches a top engagement surface of the base may be defined by a rib (e.g., an over-molded seal) that extends upward from the top surface of the base . A circumference of the rib may generally and/or substantially correspond in size and shape to the bottom surface of the reservoir. The sidewalls of the reservoir base may be sized and shaped such that when the bottom surface of the reservoir is placed against or adjacent the top engagement surface of the base, the rib encircles the sidewalls of the reservoir base in a tight and secure engagement. A bottom portion of the sidewalls of the reservoir base may be recessed and aligned or substantially aligned with the rib when engaged. In an implementation, the reservoir and the base may be laser welded together in a permanent or near-permanent connection (Bucknor [0134]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Bucknor’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development time by implying Bucknor’s ideas into Xiao-Kilger-Daugherty’s system.
8. Claims 2, 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao-Kilger-Daugherty in view of Buri et al. (US 20200316314)
Regarding claim 2:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 1, but does not explicitly teach a surface mount device (SMD) resistor.
In similar art, Buri teaches SMD resistor, (see, Buri [0178]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Buri’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development times by implying Buri’s ideas into Xiao-Kilger-Daugherty’s system.
Regarding claim 12:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 11, but does not explicitly teach a surface mount device (SMD) resistor.
In similar art, Buri teaches SMD resistor, (see, Buri [0178]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Buri’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development times by implying Buri’s ideas into Xiao-Kilger-Daugherty’s system.
Regarding claim 13:
In addition to the rejection claim 12, Xiao-Kilger-Daugherty further teaches the unique identifier comprises a resistance value: (monitoring the resistance value (unique identifier): Xiao, page 20 lines 27-36).
Regarding claim 14:
In addition to the rejection claim 12, Xiao-Kilger-Daugherty further teaches a biometric sensor: (a fingerprint sensor, a face recognition sensor, a lip recognition sensor, and an activation switch, an LED, a display: Kilger [0108]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Kilger’s ideas into Xiao-Daugherty’s system in order to provide an improved mobile inhaler (Kilger [0021]).
Regarding claim 15:
In addition to the rejection claim 14, Xiao-Kilger-Daugherty further teaches at least a biometric identifier of the user detected by the biometric sensor: (a person's identity is his/her fingerprint: Kilger [0151]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Kilger’s ideas into Xiao-Daugherty’s system in order to provide an improved mobile inhaler (Kilger [0021]).
Regarding claim 16:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 12, but does not explicitly teach communicating, using a wireless communication device, the sensed datum and the unique identifier to an external device, wherein the wireless communication device comprises: a near field communication (NFC) chip; and an antenna communicatively connected to the NFC chip: (the identification can also be performed by wireless communication between the mobile inhaler and the liquid container, such as by using an interface for radio communication, such as interfaces to communicate with RFID-chips or communication systems marketed as Bluetooth™ or Wi-Fi™, or NFC communication: Kilger [0092]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Kilger’s ideas into Xiao-Daugherty’s system in order to provide an improved mobile inhaler (Kilger [0021]).
9. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao-Kilger-Daugherty in view of Smith et al. (US 20190087302)
Regarding claim 1:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 1, but does not explicitly teach the apparatus is paired with a digital therapeutic or video counseling application for behavioral counseling of the user.
In similar art, Smith teaches using video recording of people using an electronic smoking article (see, Smith [0006]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Smith’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development times by implying Smith’s ideas into Xiao-Kilger-Daugherty’s system.
10. Claims 8, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao-Kilger-Daugherty in view of Milici et al. (US 20240289425)
Regarding claim 1:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 1, but does not explicitly teach recognizing the cartridge as a function of the unique identifier associated with the resistor by cross-referencing the unique identifier with a database of approved unique identifiers.
In similar art, Milici teaches wireless e-vaping device stores received Authorization Information in memory. In response to a removeable/replaceable e-vaping cartridge being docked to Wireless e-vaping device, Wireless e-vaping device verifies that an onboard cartridge identifier included in the docked e-vaping cartridge is included in a list of approved e-vaping cartridges in the authorization information. If the onboard cartridge identifier matches a cartridge identifier included in the authorization information, then the Wireless e-vaping device may activate the docked e-vaping cartridge, otherwise, the docked e-vaping cartridge is not activated. In some example embodiments, if the authorization information changes, a currently activated e-vaping cartridge may be deactivated (Milici [0130]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Milici’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development times by implying Milici’s ideas into Xiao-Kilger-Daugherty’s system.
Regarding claim 17:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 12, but does not explicitly teach recognizing the cartridge as a function of the unique identifier associated with the resistor by cross-referencing the unique identifier with a database of approved unique identifiers.
In similar art, Milici teaches wireless e-vaping device stores received Authorization Information in memory. In response to a removeable/replaceable e-vaping cartridge being docked to Wireless e-vaping device, Wireless e-vaping device verifies that an onboard cartridge identifier included in the docked e-vaping cartridge is included in a list of approved e-vaping cartridges in the authorization information. If the onboard cartridge identifier matches a cartridge identifier included in the authorization information, then the Wireless e-vaping device may activate the docked e-vaping cartridge, otherwise, the docked e-vaping cartridge is not activated. In some example embodiments, if the authorization information changes, a currently activated e-vaping cartridge may be deactivated (Milici [0130]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Milici’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development times by implying Milici’s ideas into Xiao-Kilger-Daugherty’s system.
11. Claims 9-10, 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao-Kilger-Daugherty in view of Hubbard (US 20200315260)
Regarding claim 9:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 1, but does not explicitly teach comparing the sensed datum against a user profile pertaining to the user; and generating an authentication datum upon a positive match of both the unique identifier and the sensed datum.
In similar art, Hubbard teaches the control signal is provided for authentication of the device. The control signal may correspond with a serial number of the device or a component (e.g. a cartridge) of the device. In order to be authenticated, the control signal must match the serial number. In alternative embodiments, rather than serial numbers, there may be another identification or authentication code for the device. The code may be unique for each device, for each user, or for each type of device, in alternative embodiments. The age verification system may include a database for storing the codes or control signals to be provided for authentication. The database may associate a user, a profile, and/or a device with a particular code that can unlock the device (see, Hubbard [0139]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Hubbard’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development times by implying Hubbard’s ideas into Xiao-Kilger-Daugherty’s system.
Regarding claim 10:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 1, but does not explicitly teach activating the aerosol delivery mechanism of the cartridge comprises activating the aerosol delivery mechanism as a function of the authentication datum.
In similar art, Hubbard teaches an aerosol delivery or electronic nicotine delivery systems (“ENDS”) device may include smoking articles that produce aerosol. The device may operate upon authentication. The authentication may first include an age verification before an authentication allows for operation of the device. The authentication may include a control signal communication to the device. The control signal communication may include an audio signal, such as an authentication tone that is detected by a microphone or pressure sensor on the device. The control signal communication may include a visual, optical, or light signal that is detected by a light sensor or photodiode on the device (Hubbard abstract).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Hubbard’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development times by implying Hubbard’s ideas into Xiao-Kilger-Daugherty’s system.
Regarding claim 18:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 12, but does not explicitly teach comparing the sensed datum against a user profile pertaining to the user; and generating an authentication datum upon a positive match of both the unique identifier and the sensed datum.
In similar art, Hubbard teaches the control signal is provided for authentication of the device. The control signal may correspond with a serial number of the device or a component (e.g. a cartridge) of the device. In order to be authenticated, the control signal must match the serial number. In alternative embodiments, rather than serial numbers, there may be another identification or authentication code for the device. The code may be unique for each device, for each user, or for each type of device, in alternative embodiments. The age verification system may include a database for storing the codes or control signals to be provided for authentication. The database may associate a user, a profile, and/or a device with a particular code that can unlock the device (see, Hubbard [0139]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Hubbard’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development times by implying Hubbard’s ideas into Xiao-Kilger-Daugherty’s system.
Regarding claim 19:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 12, but does not explicitly teach activating the aerosol delivery mechanism of the cartridge comprises activating the aerosol delivery mechanism as a function of the authentication datum.
In similar art, Hubbard teaches an aerosol delivery or electronic nicotine delivery systems (“ENDS”) device may include smoking articles that produce aerosol. The device may operate upon authentication. The authentication may first include an age verification before an authentication allows for operation of the device. The authentication may include a control signal communication to the device. The control signal communication may include an audio signal, such as an authentication tone that is detected by a microphone or pressure sensor on the device. The control signal communication may include a visual, optical, or light signal that is detected by a light sensor or photodiode on the device (Hubbard abstract).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Hubbard’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development times by implying Hubbard’s ideas into Xiao-Kilger-Daugherty’s system.
12. Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao-Kilger-Daugherty in view of Schneider (US 20200219598)
Regarding claim 21:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 20, but does not explicitly teach a digital screen for displaying a timed countdown to self-verify fingerprint on the at least a fingerprint scanner when the device is at an unlocked state.
In similar art, Schneider teaches teaches a display unit configured to display countdown timer, to display instruction for fingerprint scan ([0026]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Schneider’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development times by implying Schneider’s ideas into Xiao-Kilger-Daugherty’s system.
13. Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao-Kilger-Daugherty in view of Schneider (US 20200219598) and further in view of Davis et al. (US 20250111804)
Regarding claim 22:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 20, but does not explicitly teach fingerprint information is stored remotely on device, encrypted.
In similar art, Schneider teaches storing the fingerprint information into temporary store, then encrypting the fingerprint information (see Schneider [0007]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Schneider’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development times by implying Schneider’s ideas into Xiao-Kilger-Daugherty’s system.
However, Xiao-Kilger-Daugherty- Schneider does not explicitly teach automatically deleted at a pre-specified time period.
In similar art, Davis teaches the SmartClip may be programmed to store the fingerprint for a specified amount of time such as the term of the lease and then fingerprint and key assigned to the finger print are automatically deleted (see, Davis [0476]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Davis’s ideas into Xiao-Kilger-Daugherty-Schneider’s system in order to save resources and development times by implying Schneider’s ideas into Xiao-Kilger-Daugherty-Schneider’s system.
14. Claims 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao-Kilger-Daugherty in view of Seto (US 20180120765)
Regarding claim 23:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 20, but does not explicitly teach at least a pair of long contacts.
In similar art, Seto teaches a plurality of electrical contacts, (see Seto [0004]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Seto’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development times by implying Schneider’s ideas into Xiao-Kilger-Daugherty’s system.
Regarding claim 24:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 20, but does not explicitly teach the cartridge contains at least a pair of spring contacts.
In similar art, Seto teaches spring contacts, (see Seto [0004]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Seto’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development times by implying Schneider’s ideas into Xiao-Kilger-Daugherty’s system.
15. Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao-Kilger-Daugherty in view of Nateghi (WO-2023217341-A1)
Regarding claim 25:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 20, but does not explicitly teach dome switches.
In similar art, Nateghi teaches a Dom-switch, (see Nateghi page 8, line 1).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Nateghi’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development times by implying Nateghi’s ideas into Xiao-Kilger-Daugherty’s system.
16. Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao-Kilger-Daugherty in view of Cecala et al. (US 20250208317)
Regarding claim 26:
Xiao-Kilger-Daugherty discloses the invention substantially as disclosed in claim 20, but does not explicitly teach the fingerprint sensor contains oleophilic coating.
In similar art, Cecala teaches fingerprint coating can be oleophilic, (Nateghi [0174]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filing date of claimed invention time was made to combine Cecala’s ideas into Xiao-Kilger-Daugherty’s system in order to save resources and development times by implying Cecala’s ideas into Xiao-Kilger-Daugherty’s system.
Conclusions
17. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAN DAI T TRUONG whose telephone number is (571)272-7959. The examiner can normally be reached Monday-Friday 7:00 Am to 3:00 PM.
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/LAN DAI T TRUONG/ Primary Examiner, Art Unit 2444
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