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/Restrictions
Applicant's election with traverse of Group I (claims 1-18) in the reply filed on 2026 May 26 is acknowledged. The election is described as both “without traverse” (remarks [1]) and having a “basis for the traversal” (remarks [2]). In view of applicant’s arguments against the restriction, the election is treated as with traverse.
The traversal is on the ground that Cameron (US 20170027229 A1) does not teach new limitations amended into the claims. The ground is not found persuasive because Reevell (US 20170238610 A1) teaches the shared technical feature:
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 (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 (displaying the usage time remaining) before the supply of aerosolizable material is depleted.
The requirement is still deemed proper and is therefore made FINAL.
Claims 19 and 37 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 2026 May 26.
During a telephone conversation with Chad Thorson on 2026 June 9, a provisional election was made without traverse to prosecute Species A and Species II set forth in the restriction requirement of 2026 March 26. Affirmation of the election must be made by applicant in replying to this office action.
Claims 3-6 and 18 and the non-elected limitations of claim 7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected species, there being no allowable generic or linking claim.
Claims 1-2, 7-8, and 10-17 are presently examined.
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 11 is 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 11: “typical” is subjective and renders the claim indefinite. The term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. “Typical” is omitted from further examination.
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 (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 (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 (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 the user's heater power level selection (power delivered to a heating element).
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.
Conclusion
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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/TOBEY C LE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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