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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: Step 508 disclose in the figure 5 but it is not discloses in the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 16, 20, 28 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Blair et al. US 20140200837 in view of Moloney et al. US 20210015162.
Regarding claim 16, Blair et al. teach A system for capturing information related to an aspect associated with an aerosol-generating device, the aspect comprising at least one of a user aspect and a consumable aspect, the system comprising: a signal capture system comprising: one or more acoustic actuators configured to generate an acoustic signal (Blair et al. US 20140200837 abstract; paragraphs [0005]-[0011]; [0029]-[0040]; [0042]-[0046]; figures 1-11)
Referring now to FIG. 1, an embodiment of the apparatus 100 is shown. The illustrative apparatus 100 can be used to test, inspect, and/or analyze a component 118 that has an engineered internal space 120 for fluid flow. The apparatus 100 can determine and analyze the progressive changes in the state or condition (e.g., wear) of components such as plasma spray process consumables (e.g., electrodes and powder ports). The apparatus 100 includes a computing device 110, a fluid supply 112, a flow regulator 114, an attachment apparatus 116, the component 118, and a microphone 124. As described in more detail below, the microphone 124 captures acoustic signals 126 (e.g., audio) that are created by the component 118 when fluid flows through the engineered internal space 120. An acoustic diagnostics system 140 is embodied in the computing device 110, and is configured to cause the computing device 110 to execute one or more methods of frequency analysis using data that is extracted from the acoustic signals 126. The fluid supply 112 provides the fluid (e.g., air, liquid, gas, gel, aerosol, etc.), which is introduced to the internal space 120 through an entrance region 130 and exits the internal space 120 via an exit region 132. The fluid may include, for example, air, argon, helium, or nitrogen. The fluid travels through the internal space 120 at a flow rate that is controlled by a flow regulator 114. After exiting the internal space 120, the fluid travels along a path of jet flow. In some embodiments, the fluid travels toward and may temporarily or permanently bind to a substrate 122 (Blair et al. par. 29). The user interface subsystem 234 includes one or more user input devices (e.g., a microphone, a touchscreen, keyboard, virtual keypad, etc.) and one or more output devices (e.g., audio speakers, LEDs, additional displays, etc.). While not specifically shown, the I/O subsystem 222 may also be communicatively coupled to sensing devices (e.g., motion sensors, pressure sensors, kinetic sensors, temperature sensors, biometric sensors, and/or others) that are integrated with or in communication with the computing device 110, in some embodiments. The signal processing subsystem 236 may include the analog to digital converter mentioned above, a digital to analog converter, and any other signal processing components that may be required by a particular design of the apparatus 100 (e.g., filters, etc.). The audio subsystem 238 may include the microphone 124 (e.g., as an integrated component of a mobile device or other computing device), and may include, for example, an audio CODEC and/or one or more speakers and headphone jacks (Blair et al. par. 42).
According to the cited passages and figures, examiner interprets apparatus 100 as the aerosol-generating device and the component 118 as the acoustic actuator for generate the acoustic signal. Also examiner interpret the sensing devices disclose in the paragraphs 42 for determined an authentication of user (user aspect via biometric sensor) and other sensor for determine types of fluid supply (consumable aspect whether fluid is recognize or not).
Blair et al. do not explicitly teach comprising a button, and an acoustic sensor, wherein the one or more acoustic actuators and the acoustic sensor are located at predetermined locations with respect to the aerosol-generating device such that an acoustic signal generated by pressing the button is modulated at least in part according to the aspect before being detected by the acoustic sensor, thereby capturing the information related to the aspect.
Moloney et al. teach comprising a button, and an acoustic sensor, wherein the one or more acoustic actuators and the acoustic sensor are located at predetermined locations with respect to the aerosol-generating device such that an acoustic signal generated by pressing the button is modulated at least in part according to the aspect before being detected by the acoustic sensor, thereby capturing the information related to the aspect. (Moloney et al. US 20210015162 abstract; paragraphs [0004]-[0008]; [0015]-[0025]; [0028]; [0033]; [0040]-[0047]; [0050]-[0057]; [0061]-[0065]; figures 1-5;)
The aerosol delivery device 100 also has a power button 150. In use, when the aerosol delivery device 100 is switched on using the power button 150, power from a power source (such as a battery within the device 100) is supplied to various components of the device, e.g., in response to pressing the power button 150, power may flow to a heater such that the consumable 200 is heated and a flow of aerosol is generated from the consumable 200 (Moloney et al. par. 20). The terms “transmitter” and “receiver” are used to refer to components which can transmit and receive a signal in the general sense that a signal from the transmitter can be detected by the receiver. The transmitter 120 may transmit at least one of the following: an electric field, a magnetic field, a radio frequency signal, an Infra-Red signal, a visible light signal, an Ultra-Violet signal, and an acoustic or sonic signal. For example, the transmitter 120 may be an LED that transmits visible light, Infra-Red light and/or Ultra-Violet light, or a radio frequency transmitter. In other examples, the transmitter 120 may be a field generator comprising a charge carrying wire (to generate a magnetic field) or a capacitor plate (to generate an electric field). In other examples the transmitter 120 may be a transducer, for example a transducer for producing sound waves. The sound may be audible to humans, for example having a frequency below about 20 kHz, or may be ultrasonic, such as having a frequency above about 20 kHz. It should be appreciated that the type of transmitter 120 and receiver 130 are selected so as to be receptive to changes in the signal as affected by the chosen signal altering component 220, or by one or more signal altering components 220 present in a single, or over several, consumables 200 (Moloney et al. par. 24). Next, at block 348 a query is made as to whether a match can be identified between the determined alteration and one of the plurality of predetermined alterations. If no match is found, the method 300 ends, as shown by the no (N) branch. In some embodiments, if no match is found a feedback signal may be generated to notify a user of the aerosol delivery device 100 that the consumable 200 is not recognized. This may help to draw a user's attention to an incorrect or counterfeit consumable, for example. The feedback signal could be a visual signal, an audible signal or a haptic signal, for example (Moloney et al. par. 62).
According to the cited passages and figures, examiner interprets interpret the system comparing the signal captured from the consumable to the prestored data for determine whether the consumable aspect recognized or not.
Therefore, it would have been obviously to one of ordinary skill in the art before the effective filing date of the invention to substitute known technique of comparing the information obtain from the consumable to the prestored data for determined whether the consumable aspect recognized or not as taught by Moloney et al. reference into the system of Blair et al. reference and the result of the substitution would be predictable for determining whether consumable product is incorrect or counterfeit consumable.
Regarding claim 20, the combination of Blair et al. and Moloney et al. disclose The system according to claim 16,further comprising a smart watch, wherein the smart watch comprises the acoustic sensor.
Referring now to FIG. 1, an embodiment of the apparatus 100 is shown. The illustrative apparatus 100 can be used to test, inspect, and/or analyze a component 118 that has an engineered internal space 120 for fluid flow. The apparatus 100 can determine and analyze the progressive changes in the state or condition (e.g., wear) of components such as plasma spray process consumables (e.g., electrodes and powder ports). The apparatus 100 includes a computing device 110, a fluid supply 112, a flow regulator 114, an attachment apparatus 116, the component 118, and a microphone 124. As described in more detail below, the microphone 124 captures acoustic signals 126 (e.g., audio) that are created by the component 118 when fluid flows through the engineered internal space 120. An acoustic diagnostics system 140 is embodied in the computing device 110, and is configured to cause the computing device 110 to execute one or more methods of frequency analysis using data that is extracted from the acoustic signals 126. The fluid supply 112 provides the fluid (e.g., air, liquid, gas, gel, aerosol, etc.), which is introduced to the internal space 120 through an entrance region 130 and exits the internal space 120 via an exit region 132. The fluid may include, for example, air, argon, helium, or nitrogen. The fluid travels through the internal space 120 at a flow rate that is controlled by a flow regulator 114. After exiting the internal space 120, the fluid travels along a path of jet flow. In some embodiments, the fluid travels toward and may temporarily or permanently bind to a substrate 122 (Blair et al. par. 29). FIG. 2 depicts a simplified block diagram of an exemplary computing environment 200 including the computing device 110, in which the acoustic diagnostics system 140 may be embodied. While not specifically shown, the illustrative environment 200 may include other computing devices (e.g., servers, mobile computing devices, etc.), which may be in communication with each other and/or the computing device 110 via one or more communication networks. The illustrative computing device 110 includes at least one processor 220 (e.g. a controller, microprocessor, microcontroller, digital signal processor, etc.), memory 224, and an input/output (I/O) subsystem 222. The computing device 110 may be embodied as any type of computing device such as a personal computer or mobile device (e.g., desktop, laptop, tablet, smart phone, body-mounted or wearable device, etc.), a server, an enterprise computer system, a network of computers, a combination of computers and other electronic devices, or other electronic devices (Blair et al. par. 39).
According to the cited passages and figures, examiner interprets wearable device as the smart watch and the microphone as the acoustic sensor for detecting sound.
Regarding claim 28, Blair et al. teach A method for capturing information related to an aspect associated with an aerosol-generating device, the aspect comprising at least one of a user aspect and a consumable aspect, the method comprising: generating an acoustic signal (Blair et al. US 20140200837 abstract; paragraphs [0005]-[0011]; [0029]-[0040]; [0042]-[0046]; figures 1-11)
Referring now to FIG. 1, an embodiment of the apparatus 100 is shown. The illustrative apparatus 100 can be used to test, inspect, and/or analyze a component 118 that has an engineered internal space 120 for fluid flow. The apparatus 100 can determine and analyze the progressive changes in the state or condition (e.g., wear) of components such as plasma spray process consumables (e.g., electrodes and powder ports). The apparatus 100 includes a computing device 110, a fluid supply 112, a flow regulator 114, an attachment apparatus 116, the component 118, and a microphone 124. As described in more detail below, the microphone 124 captures acoustic signals 126 (e.g., audio) that are created by the component 118 when fluid flows through the engineered internal space 120. An acoustic diagnostics system 140 is embodied in the computing device 110, and is configured to cause the computing device 110 to execute one or more methods of frequency analysis using data that is extracted from the acoustic signals 126. The fluid supply 112 provides the fluid (e.g., air, liquid, gas, gel, aerosol, etc.), which is introduced to the internal space 120 through an entrance region 130 and exits the internal space 120 via an exit region 132. The fluid may include, for example, air, argon, helium, or nitrogen. The fluid travels through the internal space 120 at a flow rate that is controlled by a flow regulator 114. After exiting the internal space 120, the fluid travels along a path of jet flow. In some embodiments, the fluid travels toward and may temporarily or permanently bind to a substrate 122 (Blair et al. par. 29). The user interface subsystem 234 includes one or more user input devices (e.g., a microphone, a touchscreen, keyboard, virtual keypad, etc.) and one or more output devices (e.g., audio speakers, LEDs, additional displays, etc.). While not specifically shown, the I/O subsystem 222 may also be communicatively coupled to sensing devices (e.g., motion sensors, pressure sensors, kinetic sensors, temperature sensors, biometric sensors, and/or others) that are integrated with or in communication with the computing device 110, in some embodiments. The signal processing subsystem 236 may include the analog to digital converter mentioned above, a digital to analog converter, and any other signal processing components that may be required by a particular design of the apparatus 100 (e.g., filters, etc.). The audio subsystem 238 may include the microphone 124 (e.g., as an integrated component of a mobile device or other computing device), and may include, for example, an audio CODEC and/or one or more speakers and headphone jacks (Blair et al. par. 42).
According to the cited passages and figures, examiner interprets apparatus 100 as the aerosol-generating device and the component 118 as the acoustic actuator for generate the acoustic signal. Also examiner interpret the sensing devices disclose in the paragraphs 42 for determined an authentication of user (user aspect via biometric sensor) and other sensor for determine types of fluid supply (consumable aspect whether fluid is recognize or not).
Blair et al. do not explicitly teach in response to a user activating a button on the aerosol- generating device, wherein the acoustic signal is modulated at least in part according to the aspect; and detecting the modulated acoustic signal by an acoustic sensor associated with the aerosol-generating device, thereby capturing the information related to the aspect.
Moloney et al. teach in response to a user activating a button on the aerosol- generating device, wherein the acoustic signal is modulated at least in part according to the aspect; and detecting the modulated acoustic signal by an acoustic sensor associated with the aerosol-generating device, thereby capturing the information related to the aspect. (Moloney et al. US 20210015162 abstract; paragraphs [0004]-[0008]; [0015]-[0025]; [0028]; [0033]; [0040]-[0047]; [0050]-[0057]; [0061]-[0065]; figures 1-5;)
The aerosol delivery device 100 also has a power button 150. In use, when the aerosol delivery device 100 is switched on using the power button 150, power from a power source (such as a battery within the device 100) is supplied to various components of the device, e.g., in response to pressing the power button 150, power may flow to a heater such that the consumable 200 is heated and a flow of aerosol is generated from the consumable 200 (Moloney et al. par. 20). The terms “transmitter” and “receiver” are used to refer to components which can transmit and receive a signal in the general sense that a signal from the transmitter can be detected by the receiver. The transmitter 120 may transmit at least one of the following: an electric field, a magnetic field, a radio frequency signal, an Infra-Red signal, a visible light signal, an Ultra-Violet signal, and an acoustic or sonic signal. For example, the transmitter 120 may be an LED that transmits visible light, Infra-Red light and/or Ultra-Violet light, or a radio frequency transmitter. In other examples, the transmitter 120 may be a field generator comprising a charge carrying wire (to generate a magnetic field) or a capacitor plate (to generate an electric field). In other examples the transmitter 120 may be a transducer, for example a transducer for producing sound waves. The sound may be audible to humans, for example having a frequency below about 20 kHz, or may be ultrasonic, such as having a frequency above about 20 kHz. It should be appreciated that the type of transmitter 120 and receiver 130 are selected so as to be receptive to changes in the signal as affected by the chosen signal altering component 220, or by one or more signal altering components 220 present in a single, or over several, consumables 200 (Moloney et al. par. 24). Next, at block 348 a query is made as to whether a match can be identified between the determined alteration and one of the plurality of predetermined alterations. If no match is found, the method 300 ends, as shown by the no (N) branch. In some embodiments, if no match is found a feedback signal may be generated to notify a user of the aerosol delivery device 100 that the consumable 200 is not recognized. This may help to draw a user's attention to an incorrect or counterfeit consumable, for example. The feedback signal could be a visual signal, an audible signal or a haptic signal, for example (Moloney et al. par. 62).
According to the cited passages and figures, examiner interprets interpret the system comparing the signal captured from the consumable to the prestored data for determine whether the consumable aspect recognized or not.
Therefore, it would have been obviously to one of ordinary skill in the art before the effective filing date of the invention to substitute known technique of comparing the information obtain from the consumable to the prestored data for determined whether the consumable aspect recognized or not as taught by Moloney et al. reference into the method of Blair et al. reference and the result of the substitution would be predictable for determining whether the consumable product is incorrect or counterfeit consumable.
Regarding claim 30, Blair et al. teach An acoustic sensor for assessing an aspect associated with an aerosol- generating device, the acoustic sensor being configured to provide an acoustic signal (Blair et al. US 20140200837 abstract; paragraphs [0005]-[0011]; [0029]-[0040]; [0042]-[0046]; figures 1-11)
Referring now to FIG. 1, an embodiment of the apparatus 100 is shown. The illustrative apparatus 100 can be used to test, inspect, and/or analyze a component 118 that has an engineered internal space 120 for fluid flow. The apparatus 100 can determine and analyze the progressive changes in the state or condition (e.g., wear) of components such as plasma spray process consumables (e.g., electrodes and powder ports). The apparatus 100 includes a computing device 110, a fluid supply 112, a flow regulator 114, an attachment apparatus 116, the component 118, and a microphone 124. As described in more detail below, the microphone 124 captures acoustic signals 126 (e.g., audio) that are created by the component 118 when fluid flows through the engineered internal space 120. An acoustic diagnostics system 140 is embodied in the computing device 110, and is configured to cause the computing device 110 to execute one or more methods of frequency analysis using data that is extracted from the acoustic signals 126. The fluid supply 112 provides the fluid (e.g., air, liquid, gas, gel, aerosol, etc.), which is introduced to the internal space 120 through an entrance region 130 and exits the internal space 120 via an exit region 132. The fluid may include, for example, air, argon, helium, or nitrogen. The fluid travels through the internal space 120 at a flow rate that is controlled by a flow regulator 114. After exiting the internal space 120, the fluid travels along a path of jet flow. In some embodiments, the fluid travels toward and may temporarily or permanently bind to a substrate 122 (Blair et al. par. 29).
According to the cited passages and figures, examiner interprets apparatus 100 as the aerosol-generating device and the component 118 as the acoustic actuator for generate the acoustic signal.
Blair et al. do not explicitly teach generated by a button press on the aerosol-generating device that, when being detected by the acoustic sensor, is modulated in a manner facilitating assessment of the aspect associated with the aerosol-generating device, the aspect comprising at least one of a user aspect and a consumable aspect.
Moloney et al. teach generated by a button press on the aerosol-generating device that, when being detected by the acoustic sensor, is modulated in a manner facilitating assessment of the aspect associated with the aerosol-generating device, the aspect comprising at least one of a user aspect and a consumable aspect. (Moloney et al. US 20210015162 abstract; paragraphs [0004]-[0008]; [0015]-[0025]; [0028]; [0033]; [0040]-[0047]; [0050]-[0057]; [0061]-[0065]; figures 1-5;)
The aerosol delivery device 100 also has a power button 150. In use, when the aerosol delivery device 100 is switched on using the power button 150, power from a power source (such as a battery within the device 100) is supplied to various components of the device, e.g., in response to pressing the power button 150, power may flow to a heater such that the consumable 200 is heated and a flow of aerosol is generated from the consumable 200 (Moloney et al. par. 20). The terms “transmitter” and “receiver” are used to refer to components which can transmit and receive a signal in the general sense that a signal from the transmitter can be detected by the receiver. The transmitter 120 may transmit at least one of the following: an electric field, a magnetic field, a radio frequency signal, an Infra-Red signal, a visible light signal, an Ultra-Violet signal, and an acoustic or sonic signal. For example, the transmitter 120 may be an LED that transmits visible light, Infra-Red light and/or Ultra-Violet light, or a radio frequency transmitter. In other examples, the transmitter 120 may be a field generator comprising a charge carrying wire (to generate a magnetic field) or a capacitor plate (to generate an electric field). In other examples the transmitter 120 may be a transducer, for example a transducer for producing sound waves. The sound may be audible to humans, for example having a frequency below about 20 kHz, or may be ultrasonic, such as having a frequency above about 20 kHz. It should be appreciated that the type of transmitter 120 and receiver 130 are selected so as to be receptive to changes in the signal as affected by the chosen signal altering component 220, or by one or more signal altering components 220 present in a single, or over several, consumables 200 (Moloney et al. par. 24).
Therefore, it would have been obviously to one of ordinary skill in the art before the effective filing date of the invention to substitute the power button for activating the device to allow the transmitter to produce sound wave as taught by Moloney et al. reference into the system of Blair et al. reference and the result of the substitution would be predictable for activating the device to heating up the consumable product.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Blair et al. US 20140200837 in view of Moloney et al. US 20210015162 and further in view of Wright et al. US 20220004730.
Regarding claim 17, the combination of Blair et al. and Moloney et al. teach all the limitation in the claim 16.
The combination of Blair et al. and Moloney et al. do not explicitly teach The system according to claim 16, wherein the predetermined locations correspond to points of contact of a user's digits on the aerosol-generating device when the user is holding the aerosol-generating device.
Wright et al. teach The system according to claim 16, wherein the predetermined locations correspond to points of contact of a user's digits on the aerosol-generating device when the user is holding the aerosol-generating device. (Wright et al. US 20220004730 abstract; paragraphs [0003]-[0005]; [0016]-[0020]; [0058] – [0070];figures 1-4)
At block 205 the method 201 comprises selecting a first location 407 and a second location 409 from the at least two locations to define a transmission path 411 for an acoustic signal through the user (Wright et al. par. 62). In some examples, for the at least two touch locations, the parts of the user's hand 413 which provide the touch contact are determined. The parts of the hand may be identified in terms of the most proximate bone (Wright et al. par. 63). To determine the parts of the user's hand 413 which provide the touch contact, the device 401 may employ an under-screen fingerprint reader to identify which digit provides the touch contact at the different touch locations (Wright et al. par. 64). ] Hand posture can also be determined using a capacitive sensor configured to provide information indicative of a contour of an object proximate the device 401, based on the electrical conductivity of that object (a hand 413) in contrast to the electrical conductivity (or relative lack thereof) of air. This contour can be matched with known hand postures. Again, based on the most probable hand posture, the parts of the user's hand 413 which provide the touch contact can be predicted (Wright et al. par. 66).
Therefore, it would have been obviously to one of ordinary skill in the art before the effective filing date of the invention to substitute the location of the device provide user’s hand touch contact as taught by Wright et al. reference into the modified system of Blair et al. and Moloney et al. reference. The result of the substitution would be predictable for design choice of the touch location on the device to improve the collecting signal process.
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Blair et al. US 20140200837 in view of Moloney et al. US 20210015162 in view of Wright et al. US 20220004730 and further in view of Starner et al. US 20160011663.
Regarding claim 18, the combination of Blair et al., Moloney et al. and Wright et al. teach all the limitation in the claim 17.
The combination of Blair et al., Moloney et al. and Wright et al. do not explicitly teach The system according to claim 17, wherein the acoustic signal generated by the button comprises a first acoustic signal generated upon a press of the button and a second acoustic signal generated upon a release of the button.
Starner et al. teach The system according to claim 17, wherein the acoustic signal generated by the button comprises a first acoustic signal generated upon a press of the button and a second acoustic signal generated upon a release of the button. (Starner et al. US 20160011663 abstract; paragraphs [0045]-[0046] figures 1-5)
Accordingly, an example computing device may associate different actions or commands with depressing a button of a mechanical interface unit and releasing the same button. As such, mechanical interface unit 302 may be configured to generate first vibration and acoustic signals when movable component 303 is moved from a first position to a second position, and to generate distinct second vibration and acoustic signals when movable component 303 is moved back from the second position to the first position. As a specific example, a mechanical interface unit may include or take the form of a button. The button may be configured, when depressed, to generate an acoustic signal having a first characteristic acoustic pattern and/or a vibration signal having a first characteristic vibration pattern. Further, the button may be configured, when released after being depressed, to generate an acoustic signal having a second characteristic acoustic pattern and/or a vibration signal having a second characteristic vibration pattern. Accordingly, in response to detecting that acoustic signal data and/or vibration signal data substantially match a respective predetermined power spectrum corresponding to the first characteristic acoustic pattern and/or the first characteristic vibration pattern, the computing device may generate a first control signal, which may initiate an action that corresponds to the button being depressed. Further, in response to detecting that acoustic signal data and/or vibration signal data substantially match a respective predetermined power spectrum corresponding to the second characteristic acoustic pattern and/or the second characteristic vibration pattern, the computing device may generate a second control signal, which may initiate an action that corresponds to the button being released (Starner et al. par. 46).
Therefore, it would have been obviously to one of ordinary skill in the art before the effective filing date of the invention to substitute the two distinct acoustic signal during depressing and release of the button as taught by Starner et al. reference into the modified system of Blair et al., Moloney et al. and Wright et al. reference. The result of the substitution would be predictable for identifying both distinct acoustic information associated with the different position of the button.
Regarding claim 19, the combination of Blair et al., Moloney et al. and Wright et al. and Starner et al. disclose The system according to claim 17, wherein the aerosol-generating device is configured such that the press of the button activates the signal capture system
At block 205 the method 201 comprises selecting a first location 407 and a second location 409 from the at least two locations to define a transmission path 411 for an acoustic signal through the user (Wright et al. par. 62). In some examples, for the at least two touch locations, the parts of the user's hand 413 which provide the touch contact are determined. The parts of the hand may be identified in terms of the most proximate bone (Wright et al. par. 63). To determine the parts of the user's hand 413 which provide the touch contact, the device 401 may employ an under-screen fingerprint reader to identify which digit provides the touch contact at the different touch locations (Wright et al. par. 64). ] Hand posture can also be determined using a capacitive sensor configured to provide information indicative of a contour of an object proximate the device 401, based on the electrical conductivity of that object (a hand 413) in contrast to the electrical conductivity (or relative lack thereof) of air. This contour can be matched with known hand postures. Again, based on the most probable hand posture, the parts of the user's hand 413 which provide the touch contact can be predicted (Wright et al. par. 66).
and the release of the button generates the acoustic signal.
Accordingly, an example computing device may associate different actions or commands with depressing a button of a mechanical interface unit and releasing the same button. As such, mechanical interface unit 302 may be configured to generate first vibration and acoustic signals when movable component 303 is moved from a first position to a second position, and to generate distinct second vibration and acoustic signals when movable component 303 is moved back from the second position to the first position. As a specific example, a mechanical interface unit may include or take the form of a button. The button may be configured, when depressed, to generate an acoustic signal having a first characteristic acoustic pattern and/or a vibration signal having a first characteristic vibration pattern. Further, the button may be configured, when released after being depressed, to generate an acoustic signal having a second characteristic acoustic pattern and/or a vibration signal having a second characteristic vibration pattern. Accordingly, in response to detecting that acoustic signal data and/or vibration signal data substantially match a respective predetermined power spectrum corresponding to the first characteristic acoustic pattern and/or the first characteristic vibration pattern, the computing device may generate a first control signal, which may initiate an action that corresponds to the button being depressed. Further, in response to detecting that acoustic signal data and/or vibration signal data substantially match a respective predetermined power spectrum corresponding to the second characteristic acoustic pattern and/or the second characteristic vibration pattern, the computing device may generate a second control signal, which may initiate an action that corresponds to the button being released (Starner et al. par. 46).
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Blair et al. US 20140200837 in view of Moloney et al. US 20210015162 and further in view of Sutton US 20220183386.
Regarding claim 21, the combination of Blair et al. and Moloney et al. teach all the limitation in the claim 16.
The combination of Blair et al. and Moloney et al. do not explicitly teach
Sutton teaches The system according to claim 16, wherein the one or more acoustic actuators further comprises a vibration speaker, and wherein the acoustic signal comprises a series of acoustic signals generated by the vibration speaker. (Sutton US 20220183386 abstract; paragraphs [0018]-[0023]; [0031]-[0042]; [0044]-[0048]; [0067]; [0071]-[0080]; figures 1-4)
Referring back to the indicator 25, the indicator 25 may output any suitable signal for indicating, to the user, the depletion condition of the system 1. For example, the signal may be an optical signal (e.g., which is output by an LED or similar light outputting element), a haptic signal (e.g., which is output by a vibrator or the like), or an acoustic signal (e.g., as output by a speaker or the like) (Sutton par. 42).
Therefore, it would have been obviously to one of ordinary skill in the art before the effective filing date of the invention to substitute the vibrator and speaker as taught by Sutton reference into the modified system of Blair et al. and Moloney et al. reference. The result of this substitution would be predictable, allowing the user to be easily aware of the output.
Regarding claim 22, the combination of Blair et al., Moloney et al. and Sutton disclose The system according to claim 16, wherein the aerosol-generating device comprises a casing, and wherein the casing comprises perforations at a predetermined location of the acoustic sensor.
The reusable part 2 comprises an outer housing 12 with an opening that defines an air inlet 28 for the e-cigarette, a battery 26 for providing operating power for the electronic cigarette, control circuitry 20 for controlling and monitoring the operation of the electronic cigarette, a user input button 14, an inhalation sensor (puff detector) 16, which in this example comprises a pressure sensor located in a pressure sensor chamber 18, and a visual display 24. The reusable part 2 of FIG. 1 also comprises an indicator 25, although the indicator 25 is optional and may not be included in other implementations (Sutton par. 33).
According to the cited passages and figures, examiner interprets the housing 12 as the casing.
Claims 23-24, 26-27 and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Blair et al. US 20140200837 in view of Moloney et al. US 20210015162 and further in view of Amento et al. US 9430043.
Regarding claim 23, the combination of Blair et al. and Moloney et al. teach all the limitation in the claim 16.
The combination of Blair et al. and Moloney et al. do not explicitly teach The system according to claim 16, further comprising an acoustic analysis system configured to assess the aspect on a basis of the detected acoustic signal and to assess the aspect by comparing the detected acoustic signal with one or more reference signals.
Amento et al. teach The system according to claim 16, further comprising an acoustic analysis system configured to assess the aspect on a basis of the detected acoustic signal and to assess the aspect by comparing the detected acoustic signal with one or more reference signals. (Amento et al. US 9430043 abstract; col. 1 lines 50-67; col. 2 lines 1-29; col. 3 lines 3-30; col. 4 lines 30-56; figures 1-4;)
In yet another embodiment, the present invention is a wireless control system including a bioacoustic sensor component, a digital processor coupled to the sensor component, a storage component for storing gesture pattern data indicative of a plurality of gestures, each gesture corresponding to a unique one of a plurality of electronic device commands wherein the processor is operative to compare acoustic sensor signals with the gesture pattern data and to select one of the electronic device commands corresponding to a gesture that correlates with the acoustic sensor signals and a wireless transmitter and antenna coupled to the processor and operative to transmit the electronic device command (Amento et al. col. 2 lines 3-17). Referring to FIG. 3, an exemplary method of the present invention is shown. In this embodiment, the system receives one or more bioacoustic signals from the user wherein each signal is related to one or more hand gestures, step 310. Once the bioacoustic signals are received, the identity of the one or more hand related gestures is determined based on a positive correlation between the received signals and predetermined hand gesture data, step 320. Once a gesture is identified, one or more commands associated with the identified hand related gesture are issued which activate a corresponding function of an electronic device, such as the user's PDA, laptop, music player, media player, wireless phone, laptop or other similar device (Amento et al. col. 4 lines 44-57).
According to the cited passages and figures above, examiner interpret the step 310 and 320 as the acoustic analysis to identify user via bioacoustics signal to compare with the predetermined stored data for determined the match user among those register data.
Therefore, it would have been obviously to one of ordinary skill in the art before the effective filing date of the invention to substitute the known technique of authenticate to operate the device when identifying process is matching with the prestored data as taught by Amento et al. reference into the modified system of Blair et al. and Moloney et al. reference and the result of the substitution would be predictable for identifying the correct user.
Regarding claim 24, the combination of Blair et al., Moloney et al. and Amento et al. disclose The system according to claim 23, wherein the aspect comprises the user aspect, wherein information related to the user aspect allows assessing a user of the aerosol- generating device, wherein the one or more reference signals comprise bioacoustic profiles of registered users of the aerosol-generating device, and wherein the acoustic analysis system is further configured to perform an identification of the user from among the registered users.
Referring to FIG. 3, an exemplary method of the present invention is shown. In this embodiment, the system receives one or more bioacoustic signals from the user wherein each signal is related to one or more hand gestures, step 310. Once the bioacoustic signals are received, the identity of the one or more hand related gestures is determined based on a positive correlation between the received signals and predetermined hand gesture data, step 320. Once a gesture is identified, one or more commands associated with the identified hand related gesture are issued which activate a corresponding function of an electronic device, such as the user's PDA, laptop, music player, media player, wireless phone, laptop or other similar device (Amento et al. col. 4 lines 44-57).
According to the cited passages and figures above, examiner interpret the step 310 and 320 as the acoustic analysis to identify user via bioacoustics signal to compare with the predetermined stored data for determined the match user among those register data.
Regarding claim 26, the combination of Blair et al., Moloney et al. and Amento et al. disclose The system according to claim 23, wherein the aspect comprises the consumable aspect, and wherein the information related to the aspect allows assessing a consumable inserted in the aerosol-generating device.
For instance, different consumables 200 may be provided with different signal altering components such that the different consumables 200 can be distinguished from one another on the basis of the alteration to the first signal. This may be implemented when, e.g., the different consumables comprise different aerosolizable material (e.g., providing different flavors). In this way, the device 100 is configured to identify the consumable inserted into the receptacle, and the device 100 may alter an aspect of its operation (such as a heating profile) on the basis of the identified consumable. Example signal altering components will now be described (Moloney et al. par. 33). As mentioned above, the alteration to the first signal S1 by the signal altering component 220 is a predetermined alteration specific to the signal altering component 220. In addition, the device circuitry 140 is configured to determine article data, such as consumable data, from the second signal S2 received by the receiver 130. The specific alteration to the first signal by the signal altering component can be associated with consumable data, or the specific second signal itself can be associated with consumable data (Moloney et al. par. 42). The consumable data is at least one of: a type of consumable (for example the type of aerosolizable material such as a gel, a fluid, a liquid, or a solid), a flavor or flavorant of the consumable (or of the aerosol able to be generated from the consumable), a strength of the active (such as nicotine) released from the aerosolizable material, an identifier of the consumable (for example a batch identifier, or an individual identifier), and a source of the consumable (for example one of more of a manufacturing facility, an assembly facility, a country, a date of manufacture, and a time of manufacture) (Moloney et al. par. 43).
Regarding claim 27, the combination of Blair et al., Moloney et al. and Amento et al. disclose The system according to claim 26, wherein the one or more reference signals comprise a reference signal of an authentic consumable, and wherein the acoustic analysis system is further configured to verify a consumable by comparing an acoustic signature of the consumable with the reference signal of the authentic consumable.
The terms “transmitter” and “receiver” are used to refer to components which can transmit and receive a signal in the general sense that a signal from the transmitter can be detected by the receiver. The transmitter 120 may transmit at least one of the following: an electric field, a magnetic field, a radio frequency signal, an Infra-Red signal, a visible light signal, an Ultra-Violet signal, and an acoustic or sonic signal. For example, the transmitter 120 may be an LED that transmits visible light, Infra-Red light and/or Ultra-Violet light, or a radio frequency transmitter. In other examples, the transmitter 120 may be a field generator comprising a charge carrying wire (to generate a magnetic field) or a capacitor plate (to generate an electric field). In other examples the transmitter 120 may be a transducer, for example a transducer for producing sound waves. The sound may be audible to humans, for example having a frequency below about 20 kHz, or may be ultrasonic, such as having a frequency above about 20 kHz. It should be appreciated that the type of transmitter 120 and receiver 130 are selected so as to be receptive to changes in the signal as affected by the chosen signal altering component 220, or by one or more signal altering components 220 present in a single, or over several, consumables 200 (Moloney et al. par. 24). The alteration of the first signal S1 by the signal altering component 220 to generate a second signal S2 is specific to the signal altering component 220 of the consumable 200. In this way, identification of the alteration to the first signal S1 by comparing the first signal S1 and the second signal S2, and subsequent matching of the identified alteration to a predetermined alteration enables identification of the signal altering component 220 and subsequently, determination of consumable data of the consumable 200 (Moloney et al. par. 64). In some embodiments, if a match is found a feedback signal may be generated to notify a user of the aerosol delivery device 100 that the consumable 200 is recognized. The signal could be a visual signal, an audible signal or a haptic signal (Moloney et al. par. 65).
According to the cited passages and figures, examiner interprets the recognized consumable as the authentic consumable.
Regarding claim 29, the combination of Blair et al., Moloney et al. and Amento et al. disclose The method according claim 28, wherein the aspect comprises the user aspect, the method further comprising: performing the steps of the generating of the acoustic signal and the detecting of the modulated acoustic signal several times to record a bioacoustic profile for the user, and comparing, at a later time, the detected acoustic signal with the recorded bioacoustic profile. (Amento et al. US 9430043 abstract; col. 1 lines 50-67; col. 2 lines 1-29; col. 3 lines 3-30; col. 4 lines 30-56; figures 1-4;)
In yet another embodiment, the present invention is a wireless control system including a bioacoustic sensor component, a digital processor coupled to the sensor component, a storage component for storing gesture pattern data indicative of a plurality of gestures, each gesture corresponding to a unique one of a plurality of electronic device commands wherein the processor is operative to compare acoustic sensor signals with the gesture pattern data and to select one of the electronic device commands corresponding to a gesture that correlates with the acoustic sensor signals and a wireless transmitter and antenna coupled to the processor and operative to transmit the electronic device command (Amento et al. col. 2 lines 3-17). Referring to FIG. 3, an exemplary method of the present invention is shown. In this embodiment, the system receives one or more bioacoustic signals from the user wherein each signal is related to one or more hand gestures, step 310. Once the bioacoustic signals are received, the identity of the one or more hand related gestures is determined based on a positive correlation between the received signals and predetermined hand gesture data, step 320. Once a gesture is identified, one or more commands associated with the identified hand related gesture are issued which activate a corresponding function of an electronic device, such as the user's PDA, laptop, music player, media player, wireless phone, laptop or other similar device (Amento et al. col. 4 lines 44-57).
According to the cited passages and figures above, examiner interpret the step 310 and 320 as the acoustic analysis to identify user via bioacoustics signal to compare with the predetermined stored data for determined the match user among those register data.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Blair et al. US 20140200837, in view of Moloney et al. US 20210015162, in view of Amento et al. US 9430043 and further in view of Sutton US 20220183386.
Regarding claim 25, the combination of Blair et al., Moloney et al. and Amento et al. teach all the limitation in the claim 24.
The combination of Blair et al., Moloney et al. and Amento et al. do not explicitly teach The system according to claim 24, wherein the aerosol-generating device is configured to, in response to identifying the user, adjust a process for heating of a consumable based on a user profile of the user.
Sutton teaches The system according to claim 24, wherein the aerosol-generating device is configured to, in response to identifying the user, adjust a process for heating of a consumable based on a user profile of the user. (Sutton US 20220183386 abstract; paragraphs [0018]-[0023]; [0031]-[0042]; [0044]-[0048]; [0067]; [0071]-[0080]; figures 1-4)
In FIG. 2, at step S118, if the user input is still being received, then the control circuitry 20 is configured to supply the second level of power to the heater element 48. However, in FIG. 3, if the user input is still being received at step S118, e.g., YES at step S118, the method proceeds back to step S112. That is, the control circuitry 20 is configured to monitor the resistance of the heating element 48 while the user input is being received. In this regard, it should be understood that FIG. 3 describes a system 1 in which the resistance of the heater element 48 is repeatedly compared with the first threshold during a given inhalation, regardless of whether the control circuitry 20 supplies the first level or the second level of power to the heater element 48. In some implementations, a predetermined delay (e.g., of 10-20 milliseconds) between step S118 and S110 may be imposed in order to allow the resistance value of the heating element 48 to adjust in response to the second power level being applied (Sutton par. 78).
According to the cited passages and figures, examiner interpret the system allow user to adjust heating element when the system authorize the user to operate the electronic vapor or electronic cigarette.
Therefore, it would have been obviously to one of ordinary skill in the art before the effective filing date of the invention to substitute the control circuitry as taught by Sutton reference into the modified system of Blair et al., Moloney et al. and Amento et al. reference. The result of this substitution would be predictable, allowing the user to inhale while pressing the button to control the heating element for avoid an unpleasant tasting substances from overheating the substance.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THANG D TRAN whose telephone number is (408)918-7546. The examiner can normally be reached Monday - Friday 8:00 am - 5:30 pm (pacific time).
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/THANG D TRAN/Examiner, Art Unit 2686
/BRIAN A ZIMMERMAN/Supervisory Patent Examiner, Art Unit 2686
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