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 .
Response to Submission
Applicant’s submission filed on 2026 September 16 has been entered. Claims 1-8, 10-19, and 37 are pending. Claims 3-6, 18-19, and 37 remain withdrawn.
Claims 1-2, 7-8, and 10-17 are presently examined.
Response to Amendment
Claims 3-6, 18-19, and 37 were withdrawn in the non-final rejection of 2026 June 16 and should be marked as “(Withdrawn)”. See MPEP 714(II)(C).
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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 1-2, 7-8, 10-13, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reevell (US 20170238610 A1).
Claim 1: Reevell teaches a method for managing a supply of aerosolizable material (fig. 1 and [113], #115) for a non-combustible aerosol provision system (100) comprising:
receiving one or more characteristics relating to usage ([131], receiving usage parameters) of the non-combustible aerosol provision system, wherein the non-combustible aerosol provision system is operable at a plurality of heater power settings ([48], different usage profiles apply different power levels), and the one or more characteristics relating to usage ([131], usage parameters) comprise a heater power setting (power delivered to a heating element);
predicting a length of time remaining ([131], estimating a usage time remaining) until the supply of aerosolizable material is depleted based on the one or more characteristics relating to usage (usage parameters) and an initial supply of aerosolizable material (initial amount);
and taking a pre-emptive action ([131], displaying the usage time remaining) before the supply of aerosolizable material is depleted.
Claim 2: Reevell teaches the method according to claim 1, wherein: the pre-emptive action ([131], displaying the usage time remaining) comprises notifying a user of the non-combustible aerosol provision system.
Claim 7: Reevell teaches the method according to claim 1, wherein: the supply of aerosolizable material ([131], initial amount) is an amount of aerosolizable material stored in a particular pod (fig. 1 and [113], #113).
Claim 8: Reevell teaches the method according to claim 1, the method further comprising: determining whether the length of time remaining ([131], usage time remaining) is below a threshold (the initial amount corresponds to an initial time remaining);
wherein taking the pre-emptive action (displaying the usage time remaining) is in response to determining that the length of time remaining (usage time remaining) is below the threshold (initial time remaining).
Claim 10: Reevell teaches the method according to claim 1, wherein: the one or more characteristics relating to usage ([131], usage parameters) comprise a user's usage patterns ([131], power, temperature, resistance, airflow, and use of the system) of the non-combustible aerosol provision system based on the user's past use of the non-combustible aerosol provision system.
Claim 11: Reevell teaches the method according to claim 10, wherein: the one or more characteristics relating to usage ([131], usage parameters) comprise an average number of puffs taken by a user in a session of use of the non-combustible aerosol provision system (information on use of the system is used to calculate an average amount of substrate consumed per activation, so the average number of activations is known).
Claim 12: Reevell teaches the method according to claim 1, wherein: the one or more characteristics relating to usage ([131], usage parameters) comprise puff information (information on use of the system) about one or more puffs on the non-combustible aerosol provision system taken by the user.
Claim 13: Reevell teaches the method according to claim 12, wherein: the puff information ([131], information on use of the system) comprises a number of puffs taken by the user (information on use of the system is used to calculate an average amount of substrate consumed per activation, so the number of activations is known: average amount of substrate consumed per activation = (total amount of substrate consumed) / (number of activations)).
Claim 17: Reevell teaches the method according to claim 1, wherein: the one or more characteristics relating to usage ([131], usage parameters) comprise a change in the supply of aerosolizable material (information on use of the system is used to calculate an average amount of substrate consumed per activation, so the total amount of substrate consumed is known: average amount of substrate consumed per activation = (total amount of substrate consumed) / (number of activations)) indicated by a user (a user’s number of puffs and puff strength indicate a total amount of substrate consumed).
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.
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 20170238610 A1) in view of Murphy (WO 2020127479 A1).
Claims 14 and 16: Reevell teaches the method according to claim 1.
Reevell does not explicitly teach that the initial supply is determined based on a stored indication of a user's inventory of aerosolizable material,
and detecting the initial supply of aerosolizable material from a storage element of a pod.
Murphy teaches a method for managing a supply of aerosolizable material (fig. 1a and p. 13, lines 21-32, aerosol-generating liquid) for a non-combustible aerosol provision system (100) comprising determining an initial supply of aerosolizable material (p. 31, lines 1-7, determining a type and number of cartridges) by alternatives of detecting an indication stored on a storage element of a pod (automatically determining type and number) and receiving a user input (receiving a user input of type and number).
Reevell and Murphy both determine an initial supply of aerosolizable material to yield expectation to succeed. Where Reevell does not specify methods of determining the initial supply, one would look to Murphy’s identical outcome of determining an initial supply for said specific methods.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use, as Reevell’s generic method of determining an initial supply, Murphy’s specific method of detecting an indication stored on a storage element of a pod, because doing so would predictably determine the initial supply.
Claim 15: Reevell teaches the method according to claim 1.
Reevell does not explicitly teach receiving an input from a user indicative of the initial supply of aerosolizable material.
Murphy teaches a method for managing a supply of aerosolizable material (fig. 1a and p. 13, lines 21-32, aerosol-generating liquid) for a non-combustible aerosol provision system (100) comprising determining an initial supply of aerosolizable material (p. 31, lines 1-7, determining a type and number of cartridges) by alternatives of detecting an indication stored on a storage element of a pod (automatically determining type and number) and receiving a user input (receiving a user input of type and number).
Reevell and Murphy both determine an initial supply of aerosolizable material to yield expectation to succeed. Where Reevell does not specify methods of determining the initial supply, one would look to Murphy’s identical outcome of determining an initial supply for said specific methods.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to use, as Reevell’s generic method of determining an initial supply, Murphy’s specific method of receiving a user input, because doing so would predictably determine the initial supply.
Response to Arguments
Applicant’s arguments of 2026 September 16 have been carefully considered but are not persuasive.
Applicant argues (p. 8, [1-2]) against non-limiting examples of heating profiles (Reevell fig. 2-3 and [121]) that were not cited by the examiner. That Reevell’s heating profiles can have the same power setting, as applicant argues, does not break that Reevell’s heating profiles can have different power settings [Reevell 48] to anticipate claim 1. See MPEP 2131.05.
Applicant argues (p. 8, [3]) that Reevell teaches that different usage profiles result in different power consumptions, rather than a plurality of power settings. However, [Reevell 48] originally cited by the examiner and [Reevell 59] cited by applicant do teach “different characteristics, such as… power consumption” which reads on the claimed plurality of power settings. Applicant argues that higher power consumption comes from more frequent heater activation, but such an argument appears to pertain to higher energy consumption. Electric power is plainly defined as work/time, so one of ordinary skill would envisage that power consumed can be independent of time and therefore read on a power setting. In plain language, Reevell teaches different power consumptions which reads on different power settings.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tobey C. Le whose telephone number is (703)756-5516. The examiner can normally be reached Mon-Thu 8:30-18:30 ET.
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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.
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/TOBEY C LE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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