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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 10 recites the controller is further configured to: “in response to receiving the control signal from the control device, monitor whether a user input is received” and “in response to not receiving the user input within the predetermined time, maintain the lock state” in 3-8 lines. Examiner notes that claim 1 requires the controller to be configured to “release the lock state of the aerosol generating device in response to receiving the control signal” in lines 15-16. Claim 10 fails to include all the limitations of the claim upon which it depends. Claim 1 recites the controller is configured to release the lock state in response to the control signal whereas claim 10 recites the controller is instead configured to monitor for user input and possibly maintain the lock state.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-8 and 11 are allowed.
Claim 10 would be allowable if rewritten to overcome the rejection under 35 U.S.C. 112(d) or 35 U.S.C. 112 (pre-AIA ), 4th paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The closest prior art of record is represented by Greenbaum (US 10531693) and Tremblay (US 20150181945). Greenbaum and Tremblay fail to each or suggest the aerosol system comprising the combination of aerosol generating device, control device, and storage device wherein the aerosol generating device comprises a controller configured to receive a control signal from the control device, wherein the control signal is transmitted by the control device based on being connected to a storage device and based on a determination that a storage device identifier stored in the storage device satisfies a predetermined condition; release the lock state in response to receiving the control signal; and generate authentication data based on a user input received via the input device in response to releasing the lock state and supply power to the heater in response to receiving the user input corresponding to the authentication data. The references also fail to teach or suggest the method of claim 11. Greenbaum does not disclose or suggest generating authentication data based on user input after the lock state is released and then supplying power when the user input is received. Tremblay determines whether manner of drawing or biometric inputs correspond with an authorized user ([0189-0194]) but does not disclose or suggest authentication data is initially generated by the controller when the aerosol generating device is unlocked and then the controller supplies power to the heater when this data is subsequently inputted.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619
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