DETAILED ACTION
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-14 are presented for examination on the merits.
Claim Rejections - 35 USC § 102
2. 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 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 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.
3. Claims 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bouchuiguir (WO 2021/122839 A1).
As to claim 1, Bouchuiguir discloses in method of authentication of a consumable for use with an aerosol-generating device having the claim:
a. an aerosol generating device comprising: a heater, a battery configured to supply power to the heater read on Page 6, Lines 13-24, (Fig. 2 shows various components of the e-cig or device 100. The e-cig 100 comprises the consumable module 201a and a heating element 202 that heats to vaporize a consumable item 201b or cartridge placed in the consumable module 201a to release aerosol containing the flavor and/or stimulant for the user to inhale. In the present example, the consumable item 201 b is a substance containing nicotine. The consumable item 201 b may be in the form of solid or liquid and is heated by the heating element 202 to release the aerosol without combustion. The heating element 202 may be powered by a power source 203. The power source 203 is, for example, a lithium ion battery);
b. a communication unit configured to communicate with a seller terminal; and a controller configured to receive payment target tobacco article information from the communication unit read on Page 7, Lines 1-7, (the e-cig 100 also includes a first communications module, which may comprise a contactless payment interface. In the present example, the contactless payment interface is the NFC module 105, as described above. Through the NFC module 105, the e-cig 100 is able to communicate with any other NFC-enabled device. Preferably, the NFC module 105 in the present invention is used to make contactless payments using the e-cig 100 to buy a product or a service from a merchant. This is described in detail further below with reference to Figs. 3 and 4);
c. determine whether a payment target tobacco article is genuine based on the payment target tobacco article information, and transmit payment information to the seller terminal through the communication unit based on the payment target tobacco article being determined to be genuine read on Page 10, Lines 4-25, (as used herein, the term consumable ID is a cartridge unique identifier which may be a number or a series of alphanumeric characters or any other form of identification, making it possible to identify and authenticate each cartridge such as the cartridge 201 b in a unique way. It can for example be attributed to each cartridge while its manufacturing or purchasing. In some cases, it can correspond to the product serial number. In some embodiments, the consumable ID makes it possible to determine the nature of the precursor and/or its composition stored into the cartridge. At step 402, establish a wireless communication (e.g., NFC communication) with a merchant terminal. This can be achieved, e.g., when the device is brought in close proximity of a contactless payment interface. In the present example, the user requests a merchant (e.g. till assistant in a shop) or makes a selection at a vending machine (e.g. ticket machine at a station) to initiate a payment process using the merchant terminal 303. For example, the user may demand and select a specific flavor for a consumable compatible with the e-cig 100 at an e-cig merchant outlet. The user then brings the e-cig 100 in close proximity of the merchant terminal 303 to establish an NFC connection).
As to claim 2, Bouchuiguir further discloses:
a. wherein the communication unit comprises a short-range communication module in a form of a chip or a tag, and
the controller is further configured to receive the payment target tobacco article information through tagging of the short-range communication module and the seller terminal read on Page 10, Lines 16-24, (At this point, the e- cig 100 is preferably not activated for vaping (e.g. by turning on the heater) but just for turning on the NFC module 105 and the Bluetooth module 204. The e-cig 100 may instead be activated by shaking the device or via voice command. In addition, the user may be authenticated using biometrics such as by scanning his or her fingerprints with a fingerprint sensor disposed on the switch 104. At step 402, establish a wireless communication (e.g., NFC communication) with a merchant terminal. This can be achieved, e.g., when the device is brought in close proximity of a contactless payment interface. In the present example, the user requests a merchant (e.g. till assistant in a shop) or makes a selection at a vending machine (e.g. ticket machine at a station) to initiate a payment process using the merchant terminal 303. For example, the user may demand and select a specific flavor for a consumable compatible with the e-cig 100 at an e-cig merchant outlet. The user then brings the e-cig 100 in close proximity of the merchant terminal 303 to establish an NFC connection).
As to claim 3, Bouchuiguir further discloses:
a. wherein the communication unit is further configured to communicate with an external device, and the controller is further configured to switch the aerosol generating device from an inactivated state to an activated state based on communication with the external device through the communication unit read on Page 8, Lines 1-19, ( The e-cig 100 is connectable to the device 301 via the Bluetooth module 205. For the sake of simplicity, the personal computing device 301 is referred to as smartphone 301 hereinafter. To connect the e-cig 100 to the smartphone 301 , the user preferably presses the switch 104 on the e-cig 100 for a set period or predetermined number of times. This activates the Bluetooth module 205, which then scans for a Bluetooth signal from a nearby device. If the Bluetooth interface on the smartphone 301 is turned on and in discoverable mode, the e-cig 100 finds the smartphone 301 and requests the smartphone 301 to connect or pair with it. When the user of the smartphone 301 accepts the request from the e-cig 100, both devices are paired. Alternatively, this pairing operation can be initiated or requested on the smartphone 301 and the user operates the e-cig 100 to accept and finish the pairing between the e-cig 100 and the smartphone 301).
As to claim 4, Bouchuiguir further discloses:
a. wherein the external device comprises a user terminal configured to perform user authentication, and the controller is further configured to receive a user authentication signal indicating that the user authentication is completed from the user terminal, and switch the aerosol generating device to the activated state based on the user authentication signal read on Page 9, Lines 9-25, (the e-cig server 305 can determine adjustable operational settings for the e-cig 100 for which a service has been required. In some embodiments, the e-cig server 305 can determine emission composition of the aerosol using for example only the brand and/or model of the e-cig 100 or any other device characteristic such for example its identifier. In this case, the e- cig server 305 is for example able to access to the emission test report relative to this brand and/or model of the e-cig 100 or any other device characteristic. In some embodiments, the e-cig server 305 is able to store device and cartridge information as explained below. The e-cig server 305 may also store user’s personal data, for example the user’s ID, user identifier, age, photo, location, preferences, list of authorized users, etc.).
As to claim 5, Bouchuiguir further discloses:
a. a user input unit configured to receive a user's input including user authentication information, wherein the controller is further configured to switch the aerosol generating device to an activated state based on the user authentication information read on Page 9, Lines 1-25, (The system 300 also comprises a financial clearinghouse 304, which is essentially an issuer server of a bank with which the user holds an account. The financial clearinghouse 304 is able to verify the details of the user passed on to it by the merchant terminal 303 and approve the payment. For the sake of simplicity, the financial clearinghouse 304 is referred to as issuer 304 hereinafter. The system 300 further comprises an e-cig server 305, communicably connected to the merchant terminal 303. The e-cig server 305 is a remote server operated and managed by the manufacturer of the e-cig 100 or by a trusted third-party authorized by the manufacturer of the e-cig 100. The e-cig server 305 may also be communicably connected to the e-cig 100 and the smartphone 301. The e-cig server 305 can be accessible by the user via the e-cig 100 and/or the smartphone 301 connected to the e- cig 100 as well as the merchant terminal 303. In some cases, the e-cig server 305 can determine adjustable operational settings for the e-cig 100 for which a service has been required. In some embodiments, the e-cig server 305 can determine emission composition of the aerosol using for example only the brand and/or model of the e-cig 100 or any other device characteristic such for example its identifier. In this case, the e- cig server 305 is for example able to access to the emission test report relative to this brand and/or model of the e-cig 100 or any other device characteristic. In some embodiments, the e-cig server 305 is able to store device and cartridge information as explained below. The e-cig server 305 may also store user’s personal data, for example the user’s ID, user identifier, age, photo, location, preferences, list of authorized users, etc.).
As to claim 6, Bouchuiguir further discloses:
a. an output unit comprising at least one of a display, a speaker, a light emitting diode (LED), and a haptic motor, wherein the controller is further configured to output, through the output unit, a result of determining whether the payment target tobacco article is genuine read on Page 5, Line 24 – Page 6, Line 12, (he e-cig 100 preferably also includes a visual indicator 106 placed on the surface of the main body 101. The visual indicator 106 may be in the form of an elongate strip of adjacent LEDs. Equally, any indicator or feedback method may be used, such as other light sources, a mechanical indicator, an LCD display, a sound emitter, a vibration unit, or any other configuration of LEDs, for example a circular array of LEDs. The LED strip 106 may comprise a plurality of strips of LEDs, wherein each strip may optionally be of a different color of LED. The LED strip 106 can indicate any status of the device such as indicating that scanning for a Bluetooth-enabled device is being undertaken, that the batter has a low charge level, that an error has occurred, or that a wireless link cannot be found. Additionally, it can indicate the progress of a continuous operation such as pre heating progress, scanning progress or charging progress. This may be achieved by turning on or off one or more LEDs, turning on or off a particular color of LEDs or any such convenient selection of LEDs which conveniently inform the user of the status of the device).
As to claim 7, Bouchuiguir further discloses:
a. a memory storing information about tobacco articles compatible with the aerosol generating device, wherein the controller is further configured to determine whether the payment target tobacco article is genuine by comparing the tobacco article information stored in the memory and the payment target tobacco article information read on Page 16, Line 20 – Page 17, Line 12, (the consumable ID is verified to authenticate the consumable. In the present example, the cartridge 201b is verified for use with the e-cig 100, i.e. to ensure that the cartridge 201 b is not counterfeit and fit for consumption. This may be done in a number of ways as explained below. In a first embodiment, the user purchases the cartridge 201b within a package with a number of cartridges and a consumable ID or pack ID is provided on the package, for example, in the form of a barcode or QR code. Alternatively, the consumable ID or the pack ID may be sent directly to the e-cig 100 by the merchant terminal 303. This is then stored by the e-cig 100. Later, when the user needs to use the bought cartridge 201 b with the e-cig 100, the consumable ID is read by the e-cig 100 to determine if the cartridge 201b is authentic, and uses it to activate or unlock the e-cig 100 for use. Once data has been read, the consumable ID stored on the e-cig 100 may deleted or made invalid so that it can only be used once. In this way an unauthorized party is blocked from subsequently using the pack to store consumables that are not necessarily authorized or safe, reducing the possibility of counterfeiting. In a second embodiment, the merchant terminal 303 sends an unlocking command containing information indicating the number of cartridges in the pack or the time period of usage for cartridges. The e-cig 100 has an internal counter included in the other modules 207 to monitor the vaping consumption and the controller 205 locks the device upon determining depletion of the cartridge 201 b).
As to claim 8, the claim is interpreted and rejected as to claim 1.
As to claim 9, the claim is interpreted and rejected as to claim 2.
As to claim 10, the claim is interpreted and rejected as to claim 3.
As to claim 11, the claim is interpreted and rejected as to claim 4.
As to claim 12, the claim is interpreted and rejected as to claim 5.
As to claim 13, the claim is interpreted and rejected as to claim 6.
As to claim 14, the claim is interpreted and rejected as to claim 7.
Citation of pertinent Prior Arts
4. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
i. Kim (US 20220264956 A1) discloses in an aerosol generating device includes an inhalation sensor configured to detect user's inhalation, and a controller configured to compare first inhalation data obtained from the inhalation sensor with second inhalation data stored beforehand to perform user authentication according to a comparison result. Therefore, unauthorized use by an unauthorized user or a minor may be prevented, and
ii. Greenbaum (US 20220095697 A1) discloses in predicting and facilitating resupply of vaporization device cartridges are disclosed. Vaporization usage data generated by a vaporization device is sent to a mobile device or remote server for analysis to determine when additional supply of cartridges will be needed. The vaporization usage data may include information regarding usage of the vaporization device by a user (e.g., puff count, average puff length, average daily use), which information may be used to estimate when a current cartridge (and any known spare cartridges) will be depleted. Based upon this estimate, a resupply order may be automatically placed or may be proposed to the user. Alternatively, information regarding nearby retail locations having appropriate replacement cartridge inventory may be generated and sent to the user to facilitate the user obtaining a resupply.
Conclusion
5. If the claimed invention is amended, Applicant is respectfully requested to indicate the portion(s) of the specification, which dictate(s) the structure/description relied upon to assist the Examiner in proper interpretation of the amended language and also to verify and ascertain the metes and bounds of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Fekadeselassie Girma whose telephone number is (571) 270-5886. The examiner can normally be reached on Monday thru Friday, 8:30 – 5:00. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached on (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Fekadeselassie Girma/
Primary Examiner Art Unit 2689
Prosecution Insights