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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of group I in the reply filed on 6/3/2026 is acknowledged. As no mention of traverse was made in the response, the election is considered without traverse.
Claim 32 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 6/3/2026.
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.
(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 16-30 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Freeman et al. (US 2019/0343184 A1).
Regarding claim 16, Freeman teaches an aerosol-generating device for generating an aerosol from an aerosol- forming substrate (Para. [0022]) where the aerosol-generating device comprises a controller configured to control a usage session (Para. [0029]) to select one of a first criterion and a second criterion different from the first criterion, and to control the usage session with reference to the selected criterion, wherein both the first criterion and the second criterion are criteria selected from the list consisting of volume of aerosol-generated (first criterion, Para. [0032]), a combination of time and number of user puffs (second criterion, Para. [0032]), a combination of time and volume of aerosol-generated, and a combination of time and a monitored user interaction parameter.
Regarding claim 17, Freeman teaches that the controller controls the duration of the session based off the volume of aerosol-generated (first criterion) (Para. [0030]).
Regarding claim 18, Freeman teaches that the controller is configured to control the usage session with regards to the first and second criterion (Para. [0032]).
Regarding claim 19, Freeman teaches using LED lights (visual indicator) to display the usage session progress (Para. [0031]).
Regarding claims 20 and 21, Freeman teaches using a slider, switch, or dial (user interface) to select which criterion controls the session (Para. [0051]).
Regarding claim 22, Freeman teaches that the further criterion is pressure drop to determine when a user stop inhaling (monitored user interaction parameter) (Para. [0032]).
Regarding claim 23, Freeman teaches that the device is configured so that the usage session has a maximum duration based upon the first criterion (Para. [0048]).
Regarding claim 24, Freeman teaches that when the criterion selected is volume of aerosol generated, the usage session has a maximum duration based on the volume threshold (Para. [0031]).
Regarding claim 25, Freeman teaches that the device is configured to monitor pressure drop to determine when a user stop inhaling (monitored user interaction parameter) (Para. [0032]).
Regarding claim 26, Freeman teaches that the user interaction parameter is indicative of puffs taken (Para. [0032]).
Regarding claim 27, Freeman teaches a puff counting mechanism (Para. [0032]).
Regarding claim 28, Freeman teaches a plurality of light emitting units (Para. [0031]) configured to indicate the progress of the session in a sequence where n equals 4.
Regarding claim 29, Freeman teaches a visual indicator consisting of a plurality of light emitting units (Para. [0031]) wherein control electronics are configured to independently control each light emitting unit (Para. [0048], lights configured to indicate various variables) of the plurality of light emitting units to display a first indication so as to indicate a progression of the usage session to a user when the usage session is controlled by the first criterion (Para. [0031], [0048]), and to display a second indication visually distinguishable from the first indication, so as to indicate the progression of the usage session to the user when the usage session is controlled by the second criterion (Para. [0031], [0048]).
Regarding claim 30, Freeman teaches that the first or second indication is a sequence of lights (Para. [0031]).
Claim Rejections - 35 USC § 103
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 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.
Claim 31 is rejected under 35 U.S.C. 103 as being unpatentable over Freeman et al. (US 2019/0343184 A1).
Regarding claim 31, Freeman does not teach that the first indication is a different illumination sequence from the second indication and/or the first indication is a different colour illumination from the second indication; however, It would have been obvious to one of ordinary skill in the art before the effective filing as Freeman teaches a device that would be capable of having the first and the second indication be different illumination sequences (Para. [0031], [0048]) due to having lighted indicators to indicate the progression of different criterion (Para. [0031], [0048]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS J WEILER whose telephone number is (571)272-2664. The examiner can normally be reached M-F 9:00am-5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.J.W./Examiner, Art Unit 1749
/SEDEF E PAQUETTE/ Primary Examiner, Art Unit 1749
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