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 .
Election/Restriction
Applicant’s election without traverse of claims 1-6 (drawn to a method of controlling a terminal) in the reply filed on 7-29-2026 is acknowledged. Claims 7-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention(s), there being no allowable generic or linking claim.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is considered to be indefinite in that it is unclear what is -- receiving the information about the cartridge liquid, transmitting the request, receiving information from the server, transmitting the control signal, receiving the inhalation completion notification, updating the operating control information. Also, the claim refers to controlling a terminal; however, the method steps appear to control an electronic device instead of a terminal.
Claim 5 is considered to be indefinite in that “the operation” (Ln3) lacks antecedent and/or the antecedent is not clearly defined.
Citation of Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Peleg teaches a controller for an aerosol delivery device which allows information about the device to be sent to an external controller.
Allowable Subject Matter
Claims 1-6 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: claim 1, the closest prior art of record to Moloney, alone or in combination with the other prior art of record, does not teach or fairly suggest transmitting a request for information about a cartridge liquid to a server, receiving the information about the cartridge liquid from the server, transmitting a control signal comprising the information about the cartridge liquid to the electronic device, and receiving an inhalation completion notification from the electronic device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDA GRAY whose telephone number is (571) 272-5778. The examiner can normally be reached Monday - Friday, 9 AM to 5:30 PM.
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/LINDA L GRAY/Primary Examiner, Art Unit 1745
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