18DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
Claims 13-32 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 13-25 in the reply filed on 4/21/26 is acknowledged.
Claim Objections
Claim 1 is objected to because of the following informalities: in Claim 1, lines 14-15 “wherein contents the function restriction differs for each of the plurality of operation modes” is unclear and should likely read “wherein contents of the function restriction differ for each of the plurality of operation modes.” Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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 13, 14, 24, and 25 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lim (US 20210227889 A1).
Regarding Claim 13, Lim discloses an inhaler power source ([0005]), comprising:
a controller configured to provide control operations ("a controller for controlling power supplied to the heater" [0005]);
a housing configured to accommodate a power supply and the controller (aerosol generating 1 comprises of a housing in which battery 1, controller 12, and heater 13 are accommodated. [0019], Figs 1-3);
a heater configured to heat an aerosol source to generate an aerosol ("the aerosol generating device includes a heater generating an aerosol by heating an aerosol generating substrate" [0005]);
the power supply configured to supply electric power to the heater ("battery 11 may supply power for heating the heater 13" [0025]);
a panel detachably coupled to a surface of the housing ("at least one detachable element that is attachable to and detachable from an inner space or an outer space of the aerosol generating device" [0005]. "the detachable element of the aerosol generating device may be a cap 799" [0105], Fig 8. Additionally, under the broadest reasonable interpretation of the term “panel,” the liquid cartridge structure may comprise a panel which is attached to a surface [0073], [0089] and/or the heater unit which may comprise a plate type heating element, and thus a panel, attached to an inner surface [0019], [0031], [0073], [0081]); and
a sensor configured to generate a detection signal indicating an attachment state of the panel relative to the housing (“the controller detects detachment of the detachable element based on a detection result from at least one of the plurality of geomagnetic sensors.” [0005]),
wherein the controller is communicatively coupled to the power supply, the heater, and the sensor (The controller is communicatively coupled to the battery, the heater, and the geomagnetic sensors. [0026], [0063]),
the controller comprising circuitry configured to: operate the inhaler power source in one of a plurality of operation modes (The controller may change the heating profile based on the magnetic field change detected by the sensor [0093]), and
in response to the detection signal indicating that the panel is detached from the housing, impose a function restriction on one or more functions of the inhaler power source (The controller controls the operation of the device/heater based on the signal received from the geomagnetic sensors and/or the user may receive a warning message regarding the detachable element. [0113]),
wherein contents of the function restriction differ for each of the plurality of operation modes (Wherein the controller does not detect the presence of a detachable element, the controller may control the battery as to prevent or reduce the power supplied to the heater, or otherwise modify an existing temperature profile in consideration of the change in magnetic field detected. [0093]. The controller may also alert the user regarding the detection of a detachable element using various alarm messages, which may further occur before operation of the heater is stopped. [0067], [0113]. In response to the detection that an element has detached, the controller may also identify the combination of magnetic sensors that detected a change in order to identify the specific detached element. [0090]. Thus, based on the specific operation mode, the controller may impose differing restrictions such as reducing power during a heating mode or the controller may only alert the user to the detachment if the heater is not heating, such that the function restriction differs depending on the current operation mode).
Regarding Claim 14, Lim discloses an inhaler power source further comprising:
an operation button disposed in the housing ("Although not illustrated in FIG. 6, depending on an embodiment, the controller 110 may further include an input receiving unit (not shown) that receives a user's button input or touch input, and a communication unit (not shown) capable of performing communication with an external communication device such as a user terminal" [0062]),
wherein in each of the plurality of operation modes, the controller is further configured to disable an operation of the operation button as the function restriction in response to the detection signal indicating that the panel is detached (Wherein the controller permits operation of the device based on the signal received from the geomagnetic sensors, the device may be prevented from operating in response to a user touch if the controller receives a detached signal from the geomagnetic sensor. [0113]).
Regarding Claim 24, Lim discloses an inhaler power source wherein the controller is further configured to set the contents of the function restriction based on a user selection received from an external communication device ("a communication unit (not shown) capable of performing communication with an external communication device such as a user terminal." [0062]. Where the controller may receive input from the external communication device, the device may be configured to restrict operation based on input received from the external communication device [0062]).
Regarding Claim 25, Lim discloses an inhaler power source wherein
the sensor is a magnetic sensor (The sensor is a geomagnetic sensor. [0005]), and
wherein the panel comprises a magnetic field application element positioned to be detected by the magnetic sensor when the panel is attached to the housing (The sensing target in which the geomagnetic sensor detects a change in the strength of the magnetic field includes a magnetic material. [0081]).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 15-23 are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 20210227889 A1) as applied to Claim 14 above, and further in view of Daugherty (US 20210298363 A1).
Regarding Claim 15, Lim discloses an inhaler power source further comprising:
a display (The device may comprise a display. [0025]. The display may be used to alert the user to the current state of the device including visual outputs of various alarm messages. [0003], [0067]) and
an aerosol generation mode in which the controller controls the power supply to supply the electric power to the heater to generate the aerosol (the controller may change the heating profile based on the magnetic field change detected by the sensor [0093]).
Lim does not explicitly disclose a standby mode. However, Daugherty teaches an aerosol-generating device ([0006]) comprising:
detachable components (Various components may be fitted together using magnetic engagement or a magnetic connection. [0050], [0061]. The device may comprise a magnet attached to the packaging or a tab which is moved to initiate a wake signal. [0183]) and
a plurality of operation modes (The device may comprise various power functions including a locked, lower power, sleep, or full function state. [0005]).
Daugherty discloses that the device may further comprise:
a visual signal indicator ("The control signal may include audio signals and/or visual/optical signals for authenticating the device" [0034]),
a plurality of operation modes which include a standby mode in which a controller stands by for detection of an unlock operation via the operation button while causing the display to perform a display operation (The controller may be maintained in a standby mode. [0181]. The display or optical signal may prompt the user to unlock or verify the device. [0155]. The device may be activated via a button. [0053]), and
an aerosol generation mode in which the controller controls the power supply to supply the electric power to a heater to generate the aerosol (The controller is configured to provide power to generate an aerosol when a locked state is not detected. [0191]),
wherein in response to detection of the unlock operation while the inhaler power source is in the standby mode, the controller is configured to, as the function restriction, prevent a transition to the aerosol generation mode ("The aerosol delivery device may include… device electronics configured to generate the aerosol responsive to application of the power from the power source, and a lock assembly configured to preform either one or both of preventing recharging the power source and preventing the application of the power from the power source to the device electronics in a locked state" [0006]).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one having ordinary skill in the art to modify the operation modes of Lim with additional operation modes, including a standby mode, as taught by Daugherty because Lim and Daugherty are both directed to aerosol generating devices comprising locking mechanisms and multiple operational modes, Daugherty teaches the use of additional operational modes in connection with physical components to provide additional security ([0004]-[0008]), and this merely involves applying a known component to a similar aerosol generating device to yield predictable results.
Regarding Claim 16, Lim discloses an inhaler power source wherein in response to the detection signal indicating detachment of the panel while the inhaler power source is in the aerosol generation mode, the controller is configured to, as the function restriction, prohibit the supply of the electric power to the heater (Wherein the controller does not detect the presence of a detachable element, the device may alert the user and the power supply to the heater may be stopped. [0067], [0093], [0113]).
Regarding Claim 17, Lim discloses an inhaler power source wherein in response to the sensor generating a subsequent detection signal indicating attachment of the panel within a predetermined time after prohibiting the supply of the electric power, the controller is configured to cancel the prohibition of the supply of the electric power (Wherein the controller detects the presence of a detachable element, power may be supplied to the heater and a heating profile initiated. [0067], [0093], [0113]).
Regarding Claim 18, Daugherty discloses the plurality of operating modes as discussed above in Claim 15, wherein:
the plurality of operation modes further include a sleep mode in which the controller is configured to stop the display operation and stand-by in a power saving state (The device may comprise a low power mode or a sleep mode during which the functions of the device may only operate when the device is awoken from the low power/sleep mode. [0007]. Wherein an operation of the device may be the display of Lim ([0025]), the controller would be stopped from operating the display during low power/sleep mode.), and
a pairing mode that executes a pairing process to associate the inhaler power source with an external communication device (The device may enter a mode in which the device connects to a remote system. [0188]),
wherein in response to detection of a pairing operation via the operation button while the inhaler power source is in the sleep mode and the panel is detached, the controller is configured to, as the function restriction, prevent a transition to the pairing mode (The device may only enter the external connection mode once the device is awoken from the low power/sleep mode. [0188]. Moreover, where the controller does not detect the presence of a detachable element of Lim, the controller may prevent function of the device, such as an external connection mode. Lim [0067], [0093], [0113]).
Regarding Claim 19, Lim discloses an inhaler power source wherein in response to the detection signal indicating detachment of the panel while the inhaler power source is in the pairing mode, the controller is configured to, as the function restriction, prohibit execution of the pairing process (Wherein the controller does not detect the presence of a detachable element, the device is prevented from initiating a heating profile such that the controller would cease any operating functions if the detachable element was removed. [0063], [0093], [0113]).
Regarding Claim 20, Daugherty discloses the plurality of operating modes as discussed above in Claim 15, wherein:
the plurality of operation modes further include an unlock setting mode for setting the unlock operation in response to an unlock setting operation via the operation button (The device may comprise authentication and unlocking modes. [0008]. The unlocking sequence may be initiated with a button press. [0162]), and
in response to detecting the unlock setting operation while the panel is detached, the controller is configured to, as the function restriction, prevent a transition to the unlock setting mode (Various components may be fitted together using magnetic engagement or a magnetic connection. [0050], [0061]. The device may comprise a magnet attached to the packaging or a tab which is moved to initiate a wake signal. [0183]. Without a wake signal, the device may not enter unlock mode. [0006]. Additionally, wherein the controller Lim does not detect the presence of a detachable element, the device would be prevented from initiating a mode such as an unlock mode. Lim [0063], [0093], [0113]).
Regarding Claim 21, Lim discloses an inhaler power source wherein in response to the detection signal indicating detachment of the panel while the inhaler power source is in the unlock setting mode, the controller is configured to, as the function restriction, prohibit the setting of the unlock operation (Wherein the controller does not detect the presence of a detachable element, the device is prevented from initiating a mode such as an unlock mode. [0063], [0093], [0113]).
Regarding Claim 22, Daugherty discloses the plurality of operating modes as discussed above in Claim 15, wherein:
the plurality of operation modes further include a charging mode for charging the power supply via an external power supply (“a charge connection 2310 may be provided to receive power from an external source” [0173]. The device may be prevented from entering the charging mode when in a locked state. [0006]); and
the controller is further configured to continue charging the power supply even in response to the detection signal indicating detachment of the panel while the inhaler power source is in the charging mode (The device may comprise a mode in which the device is locked but the controller permits the charging of the device. [0187]. Thus, where the controller does not detect the presence of a detachable element of Lim and the locks the device, the controller may allow the charging of the battery. Lim [0041], [0093], [0113]).
Regarding Claim 23, Lim discloses an inhaler power source wherein in the operation modes other than a sleep mode, the controller is configured to continue the display operation by the display even in response to the detection signal indicating detachment of the panel (Where the display may be used to alert the user to the current state of the device including visual outputs of various alarm messages, the display must be configured to operate during a state in which an alarm would be necessary, such as when a detachable element is detached and the device cannot be otherwise utilized. [0003], [0063], [0067], [0113]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey Buckman whose telephone number is (571)270-0888. The examiner can normally be reached Monday-Friday 9:00-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571)270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JEFFREY A. BUCKMAN/ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755
Prosecution Insights