CTNF 18/564,934 CTNF 95646 DETAILED ACTION 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This office action is in response to applicant’s election filed May 11, 2026. Claims 8-13 have been elected. Claims 1-7 are withdrawn. Election/Restrictions 08-06 AIA Claim s 1-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method , there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 11, 2026 . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over US 20200077706 A1 (hereinafter WILSON) in view of US 20210219605 A1 (hereinafter BAYAT) . Regarding claim 8, WILSON discloses an intelligent inhalant dispensing system that can be configured to track, monitor and control usage of a cartridge (abstract). WILSON discloses an electronic device (Figs. 5-6, inhalant device 300, ¶37) comprising: a controller configured to execute a program for authenticating a cartridge (Fig. 8, smart cartridge 700, ¶45). WILSON discloses that the system can use the smart cartridge 700 in any embodiment (¶45). WILSON discloses that the smart cartridge is connected to the electronic device (¶9-¶10, ¶59). WILSON discloses wherein the controller is configured to: obtain unique information of the cartridge connected to the electronic device from a tag of the cartridge (¶33, ¶44, ¶48) , using short-range wireless communication (¶10, ¶49). WILSON discloses that each smart cartridge may contain information identifying the substance and dosing and/or heating profile information specific to the substance (¶9). WILSON discloses that the inhalation device obtains this information and uses it to control dosing, monitor consumption, provide information regarding the substance, etc. (¶9). WISON discloses perform authentication of the cartridge based on the unique information of the cartridge (¶10). WILSON discloses that the smart inhalation device is configured to have a cartridge identification system (¶10). WILSON further discloses when the cartridge is authenticated, generate an aerosol by vibrating an aerosol generating material included in the cartridge (¶32). WILSON discloses that the aerosol can be generated through ultrasonic vibration (¶32). WILSON discloses that the operation of the device is altered based on information which is obtained from the tag (¶48-¶49) . WILSON does not disclose that the vibration is based on information on a natural vibration frequency of a vibrator included in the cartridge. BAYAT teaches an atomizer assembly with an oscillation chamber and an actuator configured to oscillate the chamber to aerosolize the liquid contained in the chamber (abstract). BAYAT teaches that atomizer assemblies are arranged to supply liquid aerosol-forming substrate to a mesh element that is vibrated against the supply of the aerosol generating substrate to generate an aerosol (¶3). BAYAT teaches in alternate embodiments an actuator (i.e. vibrator) is arranged to vibrate the liquid (¶4). BAYAT teaches the term “resonance” refers to forced vibration at a natural frequency of a system (¶10) and that the actuator is configured to oscillate at this natural frequency (¶10). BAYAT teaches that using the resonance provides advantages to enable a reduction in power (¶11). BAYAT further teaches that there may be a plurality of resonance frequencies (¶12, ¶15). BAYAT teaches that when the portions are connected the controller supplies power and the controller comprises a memory storing frequency calibration data that is applied to the actuator to form the aerosol through oscillation (¶161). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified WILSON to provide the vibration is based on information on a natural vibration frequency of a vibrator included in the cartridge as taught in BAYAT. WILSON discloses that the aerosol production conditions are modified based on information obtained from the tag (WILSON ¶48-¶49). BAYAT teaches the benefits of using vibration and resonance to form an aerosol. BAYAT teaches that the controller can change the oscillation (i.e. resonance and natural frequency) based on calibration (BAYAT ¶161). A person of ordinary skill in the art would obviously use variable natural frequencies to aerosolize a liquid because doing so would provide the advantages taught in BAYAT to enable a reduction in power and actuator size (BAYAT ¶11). This is a rationale to combine supported by (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (See MPEP 2143 I. D.) Regarding claim 9, modified WILSON discloses the electronic device of claim 8 as discussed above. WILSON further discloses wherein the controller is further configured to: transmit use information on the electronic device to the tag (¶49, ¶55) . Regarding claim 10, modified WILSON discloses the electronic device of claim 9 as discussed above. WILSON further discloses wherein the use information comprises a number of puffs, usage time, or reuse information (¶55) . Regarding claim 11, modified WILSON discloses the electronic device of claim 8 as discussed above. WILSON further discloses wherein the tag is embedded inside the cartridge in a form of a near-field communication (NFC) module (¶49) , or attached to an outside of the cartridge in a form of a sticker (¶44) . Though not required since the claim recites “or” WILSON does disclose information provided via NFC and a sticker. Regarding claim 12, modified WILSON discloses the electronic device of claim 8 as discussed above. WILSON further discloses the aerosol generating material is aerosolized by an ultrasonic vibration (¶32) generated by the vibrator included in the cartridge. WILSON discloses the production of ultrasonic waves which inherently must be generated through some type of vibration. Additionally, as discussed above and not repeated in full here, BAYAT discloses the production of vibration and resonance through an oscillating membrane and/or actuator (BAYAT ¶4). A person of ordinary skill in the art would obviously apply the techniques in BAYAT to form ultrasonic waves with predictable results to lower the use of power (BAYAT ¶11). Regarding claim 13, modified WILSON discloses the electronic device of claim 8 as discussed above. WILSON does not disclose the controller is further configured to: obtain the information of the natural vibration frequency of the vibrator from the tag; and calibrate a driving circuit to which the vibrator is connected, based on the information on the natural vibration frequency. WILSON broadly discloses that the controller obtains information from the tag (¶49, ¶55). As discussed above, BAYAT teaches the advantages of using natural frequency of the vibrator to produce an aerosol (¶4) with a reduction in required power (¶11). A person of ordinary skill in the art would obviously include information on the tag regarding the vibration frequency and calibrate the device. BAYAT teaches that calibration is done and that calibration is stored in a memory storing (¶16). A person of ordinary skill in the art using the vibration techniques in BAYAT would include calibration data on an individual cartridge in WILSON because doing so would enable WILSON to control the aerosolization and use the cartridge for the user based on identifying information (WILSON ¶55). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm. 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, Michael H Wilson can be reached at 571-270-3882. 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. /STEPHANIE LYNN MOORE/Examiner, Art Unit 1747 /Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747 Application/Control Number: 18/564,934 Page 2 Art Unit: 1747 Application/Control Number: 18/564,934 Page 3 Art Unit: 1747 Application/Control Number: 18/564,934 Page 4 Art Unit: 1747 Application/Control Number: 18/564,934 Page 5 Art Unit: 1747 Application/Control Number: 18/564,934 Page 6 Art Unit: 1747 Application/Control Number: 18/564,934 Page 7 Art Unit: 1747
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