DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/4/2026 has been entered.
Response to Amendment
Amendment filed 1/21/2026 has been entered and fully considered. Claims 1-6 and 8-14 are pending. Claim 7 is cancelled. Claims 1 and 10 are amended. No new matter is added.
Response to Arguments
Applicant's arguments filed 1/21/2026 have been fully considered but they are not persuasive.
Applicant notes that NIELSEN shows that the first phase of inhalation occurs before the airflow drops, not necessarily until the airflow drops.
This feature was not previously recited and will be addressed hereinafter.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-6 and 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over THORENS (US 2017/0318861) in view of THORENS (US 2013/0340750) and LIU (US 2014/0060527).
With respect to claim 1¸ THORENS discloses a method of controlling an inhalation device (Abstract) comprising recording a user puff signature based on signals from a gas flow sensor during a set-up procedure (Paragraph [0012]). The set-up procedure involves the user providing a series of puffs (e.g., inhalations) that are measured and recorded (Paragraphs [0082], [0083]; Figures 2, 3 and 4). The puffs are used to create a temporal profile (e.g., model) of the inhalation profile based on the measurements, that are stored in the memory of the device (Paragraphs [0081], [0085], [0086], [0089]).
The profiles made in figure 2 represent a model that is formed from an inhalation airflow profile.
THORENS further discloses that the set-up procedure can be replaced with a first operation (Paragraph [0084]) of the device to generate the inhalation profile, that involves the generation of aerosol to be inhaled by the user (Paragraphs [0010], [0046], [0080]).
THORENS may not explicitly disclose that each inhalation profile defines a timing at which airflow drops below a non-zero threshold level. THORENS ‘750 discloses an aerosol generating system having proper heater control (Abstract; Title). The controller controls the heater of the device (Paragraph [0089], [0090]) such that when airflow drops below a defined threshold, at 401b, which has a defined timing, 405b, based thereon, the power is cut to the heater (Paragraph [0076]; Figure 4). This prevents overheating towards the end of the puff (Paragraph [0077]). As seen in figure 4, the threshold is a non-zero level.
It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to set a non-zero threshold and a defined timing, in the airflow profile of THORENS, as taught by THORENS ‘750, so that the power to the heater can be cut at the end of an inhalation cycle thereby preventing overheating of the device.
THORENS does not explicitly disclose the first and second phases of inhalation.
LIU discloses an electronic cigarette comprising a plurality of atomizing chamber (Abstract). Each chamber is controlled by the controller (Paragraph [0030]) and the vaporizers for each chamber are triggered by a flow sensor (Paragraphs [0008], , [0030], [0045]). The trigger for the air flow sensor is based on the size of the air flow (Paragraph [0045]). The types of aerosol provided based on the respective triggers allows for different atomizers to activate or different combination of atomizers to activate (Paragraph [0046]) in order to generate big and thick smoke for good flavor. It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide a flow sensor that can measure the size of airflow generated by inhalation in THORENS as taught by LIU, so that the specific mix of atomizer activation can be achieved to in order to generate big and thick smoke for good flavor. Specifically, by having a certain mix of atomizers (e.g., first and second) operate at a particular air flow, then below said particular air flow a different mix of atomizers are activated (e.g., second and third), the air flow level itself is the non-zero threshold. Wherein the first phase occurs at said particular air flow and until the size of the air flow is reduced, then the second phase occurs utilizing a different mix of aerosol.
With respect to claim 2, THORENS shows that the profile includes the velocity (flow rate in ml/s on the y-axis) over the course of a puff (e.g., 300, 310, 320, 200) (Figures 2 and 3).
With respect to claim 3, the shape of the profile defines a shape (Figure 2). Since the authentication puffs are measured against this profile (Paragraphs [0088]-[0089]), this represents the target curve.
With respect to claim 4, THORENS discloses that the profile defines a peak for the profile (Figures 2 and 3; Paragraphs [0019], [0039], [0081], [0082]).
With respect to claim 5, THORENS shows that each profile also defines a duration of the inhalation profile (e.g., deltaT1) (Paragraph [0081]).
With respect to claim 6, THORENS discloses a timing (e.g., delta T2 and T3) for each peak in the profile (Paragraph [0081]; Figure 2).
With respect to claim 10, THORENS discloses a method of controlling an inhalation device (Abstract) comprising recording a user puff signature based on signals from a gas flow sensor during a set-up procedure (Paragraph [0012]). The set-up procedure involves the user providing a series of puffs (e.g., inhalations) that are measured and recorded (Paragraphs [0082], [0083]; Figures 2, 3 and 4). The puffs are used to create a temporal profile (e.g., model) of the inhalation profile based on the measurements, that are stored in the memory of the device (Paragraphs [0081], [0085], [0086], [0089]).
The profiles made in figure 2 represent a model that is formed from an inhalation airflow profile.
THORENS then compares the subsequent airflow measurements from the user to the model in order to create a correlation score (e.g., matching airflow measurements to a modelled profile) to determine if the inhalation measurement is within a tolerance (Paragraphs [0015], [0017], [0085], [0088], [0091]).
THORENS further discloses that the set-up procedure can be replaced with a first operation (Paragraph [0084]) of the device to generate the inhalation profile, that involves the generation of aerosol to be inhaled by the user (Paragraphs [0010], [0046], [0080]).
THORENS may not explicitly disclose that each inhalation profile defines a timing at which airflow drops below a non-zero threshold level. THORENS ‘750 discloses an aerosol generating system having proper heater control (Abstract; Title). The controller controls the heater of the device (Paragraph [0089], [0090]) such that when airflow drops below a defined threshold, at 401b, which has a defined timing, 405b, based thereon, the power is cut to the heater (Paragraph [0076]; Figure 4). This prevents overheating towards the end of the puff (Paragraph [0077]). As seen in figure 4, the threshold is a non-zero level.
It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to set a non-zero threshold and a defined timing, in the airflow profile of THORENS, as taught by THORENS ‘750, so that the power to the heater can be cut at the end of an inhalation cycle thereby preventing overheating of the device.
THORENS does not explicitly disclose the first and second phases of inhalation.
LIU discloses an electronic cigarette comprising a plurality of atomizing chamber (Abstract). Each chamber is controlled by the controller (Paragraph [0030]) and the vaporizers for each chamber are triggered by a flow sensor (Paragraphs [0008], , [0030], [0045]). The trigger for the air flow sensor is based on the size of the air flow (Paragraph [0045]). The types of aerosol provided based on the respective triggers allows for different atomizers to activate or different combination of atomizers to activate (Paragraph [0046]) in order to generate big and thick smoke for good flavor. It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide a flow sensor that can measure the size of airflow generated by inhalation in THORENS as taught by LIU, so that the specific mix of atomizer activation can be achieved to in order to generate big and thick smoke for good flavor. Specifically, by having a certain mix of atomizers (e.g., first and second) operate at a particular air flow, then below said particular air flow a different mix of atomizers are activated (e.g., second and third), the air flow level itself is the non-zero threshold. Wherein the first phase occurs at said particular air flow and until the size of the air flow is reduced, then the second phase occurs utilizing a different mix of aerosol.
With respect to claim 11, THORENS disclose that the user’s puff signature may be unique enough that authentication can take place based on the first few moments of puffing (Paragraph [0084]). Thus, the scope of THORENS appears to include authenticating (e.g., measuring and comparing the puff signature) while puffing and as puffing progresses, but prior to finishing of the puff signature.
With respect to claim 12, THORENS discloses a sensor (e.g., detector) to detect the gas flow (Abstract; Paragraphs [0009], [0091]).
With respect to claim 13, THORENS discloses the device having a controller and processor configured to perform the processes identified in the rejection of claim 1 (Paragraphs [0043] and [0083]-[0086]).
With respect to claim 14, THORENS discloses the device having a controller and processor configured to perform the processes identified in the rejection of claim 10 (Paragraphs [0043] and [0083]-[0086]).
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Claim(s) 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over THORENS (US 2017/0318861) in view of THORENS (US 2013/0340750) and LIU (US 2014/0060527), as applied to claims 1-6 and 10-14 ,and further in view of AMPOLINI et al. (US 2016/0007651).
With respect to claims 8 and 9, modified THORENS discloses that control parameters (THORENS; Paragraphs [0059], [0081]-[0085], [0089]) can be adjusted (THORENS; Paragraphs [0020]). Modified THORENS does not explicitly disclose that the profiles are downloaded wirelessly using a mobile phone interface.
AMPOLINI et al. discloses an inhaler system (Abstract; Title) that is wirelessly connected to a mobile phone (Paragraphs [0005]-[0006]). A user interface is used on said device by the user (Paragraph [0068]) to give commands to the system. The interface allows the user to modify operating parameters (Paragraphs [0055]-[0058]), such as puff settings (Paragraph [0056]). In some embodiments, AMPOLINI et al. may download information from the device (Paragraph [0023]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, wirelessly connect the inhaler of modified THORENS to a mobile device, as taught by AMPOLINI et al., and to download the programmed information (including the puffing profile) so that the user can modify the control settings on the interface, such as the peaks of the inhalation profile, thereby allowing the user to tailor the authentication procedure (e.g., curating the provide) through their mobile device interface.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX B EFTA whose telephone number is (313)446-6548. The examiner can normally be reached 8AM-5PM EST M-F.
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/ALEX B EFTA/Primary Examiner, Art Unit 1745