DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
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.
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Claim(s) 16-25, 29 and 30 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BATISTA et al. (US 2017/0311647).
With respect to claim 16, BATISTA et al. discloses an aerosol generating device with visual feedback device (Abstract; Title). The device heats an aerosol-forming substrate to generate and inhalable aerosol during usage (Paragraphs [0008]-[0010]). The device comprises control electronics (Paragraphs [0100], [0008], [0021], [0027], [0029]); and an LED grid (Paragraphs [0099]-[0102]; figure 3). As seen in figure 3, the grid is formed of linear row arrays [AltContent: ]and linear column arrays that are respectively parallel, and each extend a length between first and second ends of the array (Figure 3, annotated below).
[AltContent: textbox (Length of arrays )][AltContent: textbox (First and second ends of all arrays align. )][AltContent: ][AltContent: textbox (2nd array )][AltContent: arrow][AltContent: textbox (1st array)][AltContent: arrow]
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As seen above, the first and second arrays are parallel and spaced apart from each other and aligned with each other. The ends of each array is aligned with the ends of all of the other arrays.
The controller are coupled to the arrays and configured to activate all of the lighting arrays to generate a predetermined light emission (e.g., first, second or third condition) (Paragraphs [0035], [0038], [0100], [0102]) indicative of an in response to a new or completely use aerosol generating article is in the cavity of the device (Paragraphs [0035] and [0100]). The first and third indicated conditions represent a status (e.g., unused or fully used aerosol generating article) of the device.
With respect to claim 17, BATISTA et al. discloses that the controller is configured to activate the arrays in at least two different brightness levels (Paragraph [0029]).
With respect to claim 18¸ BATISTA et al. discloses that the controller is configured to activate each array in at least two different colors (Paragraph [0029]).
With respect to claims 19-21, BATISTA et al. discloses that the controller is configured to change the lighting array condition based on a progression of a time period representative of progression of an operational phase (e.g., usage of the aerosol generating article within the device ) and the usage of each segment (e.g., progression of the usage session) (Paragraphs [0008]-[0015], [0018], [0021], [0026], [0030]-[0034]).
With respect to claim 22, BATISTA et al. shows an activated length of the array is capable of being varied (Figure 3) based on usage (e.g., usage of a portion of the aerosol generating article in a time period).
With respect to claim 23, BATISTA et al. discloses that the controller is configured to activate the arrays in at least two different brightness levels or two different colors (Paragraph [0029]). The changes are made based on a progression of a time period representative of progression of an operational phase (e.g., usage of the aerosol generating article within the device ) and the usage of each segment (e.g., progression of the usage session) (Paragraphs [0008]-[0015], [0018], [0021], [0026], [0030]-[0034]). BATISTA et al. shows an activated length of the array is capable of being varied (Figure 3) based on usage (e.g., usage of a portion of the aerosol generating article in a time period).
With respect to claim 24, BATISTA et al. discloses that the controller is configured to activate the arrays in at least two different brightness levels or two different colors (Paragraph [0029]). The changes are made based on a progression of a time period representative of progression of an operational phase (e.g., usage of the aerosol generating article within the device ) and the usage of each segment (e.g., progression of the usage session) (Paragraphs [0008]-[0015], [0018], [0021], [0026], [0030]-[0034]). BATISTA et al. shows an activated length of the array is capable of being varied (Figure 3), or even activated (Paragraphs [0100]-[0102]) based on usage (e.g., usage of a portion of the aerosol generating article in a time period).
With respect to claim 25, BATISTA et al. discloses that each of the arrays comprise a plurality of segments, 34, that each comprise a plurality of LEDs, that are distributed between first and second ends of the display (Paragraphs [0099], [0100]; Figure 3).
With respect to claim 29, BATISTA et al. discloses that the device comprises a linear third array between the first and second arrays and configured in the same manner as the first and second arrays (Paragraphs [0099]-[0102]).
[AltContent: textbox (3rd array)][AltContent: arrow][AltContent: textbox (Length of arrays )][AltContent: textbox (First and second ends of all arrays align. )][AltContent: ][AltContent: textbox (2nd array )][AltContent: arrow][AltContent: textbox (1st array)][AltContent: arrow]
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With respect to claim 30¸ BATISTA et al. discloses that the controller is configured to activate the arrays in at least two different brightness levels or two different colors (Paragraph [0029]). The changes are made based on a progression of a time period representative of progression of an operational phase (e.g., usage of the aerosol generating article within the device ) and the usage of each segment (e.g., progression of the usage session) (Paragraphs [0008]-[0015], [0018], [0021], [0026], [0030]-[0034]). BATISTA et al. shows an activated length of the array is capable of being varied (Figure 3) based on usage (e.g., usage of a portion of the aerosol generating article in a time period).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over BATISTA et al. (US 2017/0311647) in view of SUNDBERG et al. (US 2020/0029619).
With respect to claim 26, BATISTA et al. does not explicitly disclose the claimed waveguides. SUNDBERG et al. discloses an electronic vaping device (Abstract) wherein the LEDs are connected to a light tube that transmit the light to the outside environment (Abstract; Paragraphs [0004], [0005], [0139]-[0142]; Figures 1B-1E) through windows, 113 (Paragraphs [0104]). It would have been obvious to one having ordinary skill in the art prior to the effective filing date of the claimed invention, to provide a waveguide for each LED of BATISTA et al. that transmits light from the LED to a window, as taught by SUNDBERG et al., so that the user can see the transmitted light outside of the device, regardless of where the LEDs need to be placed within the device.
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Claim(s) 27 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over BATISTA et al. (US 2017/0311647) in view of ALARCON et al. (US 2015/0142387).
With respect to claim 27, BATISTA et al. discloses that each of the plurality of LEDs comprises multiple LED lights that are connected and controlled by the controller (Paragraphs [0029]-[0034], [0099]), but does not disclose the claimed driver and separate microcontroller.
ALARCON et al. discloses a system for logging smoking data (Abstract) that includes a separate device, 100, that has its own (e.g., separate) microcontroller, 110, and LED control driver, so that the LEDs can be operated (e.g. sent power from the power source of BATISTA et al.) to send visual signals to the user (Paragraph [0030]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the device of BATISTA et al. with a data logging device, as taught by ALARCON et al., so that the device can collect data and transmit visual data to the user.
With respect to claim 28, BATISTA et al. discloses that each array (See annotated figure 3, above) includes sections, 34, which each comprise multiple different color LEDs (Paragraphs [0030]-[0034], [0099]), which are configured to be activated according to the controller so as to display a desired color, by illuminating the desired LED
Each color represents a set of LEDs in each array. Thus, three different colors represents 3 sets of LEDs in each array.
ALARCON et al. discloses that the LEDs are illuminated by the driver (Paragraph [0030]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX B EFTA whose telephone number is (313)446-6548. The examiner can normally be reached 8AM-5PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Tucker can be reached at 571-272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEX B EFTA/Primary Examiner, Art Unit 1745
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