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 .
DETAILED ACTION
The action is in response to the Applicant’s communication filed on 04/10/2024.
Claims 1-18 are pending, where claims 1 and 17-18 are independent.
This application claims the priority benefit the international application no. PCT/JP2021/046060 filed on 12/14/2021 incorporated herein.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/10/2024, 6/20/2025, 08/07/2025, 11/20/2025 and 04/21/2025 have been filed on/after the filing date of the application. The submission is in-compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Multiple filed related applications
Applicants have filed multiple related applications. To date, some of the related applications have been allowed or under NOA and it appears that some related applications are stand pending, yet to be examined. There are plurality of co-pending related Applications (18/656637, 18/655628, 18/648518, 18/646844, 18/645466, 18/631081, 18/591639, 18/591409, 18/522249, 17/989970, 17/988389, 17/991088, 17/990257, 17/991061, 17/990294, 17/988410, 17/988545, 17/988152, 17/939754, 17/939559, 17/685652, 17/527724 and so on) and double patenting issue is proper. See MPEP 804 and 1490 (VI) D:
Nonstatutory Double Patenting
37 CFR 1.78(b) provides that when two or more applications filed by the same applicant contain conflicting claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the conflicting claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. See MPEP § 804 and 1490 (VI) D.
Claims 1 and 17-18 are provisionally rejected on the ground of double patenting over claims 1 and 19-20 of co-pending U.S. Patent application No. 17/988410 (USPGPub. No. 2023/0074631 A1). This is a provisional double patenting rejection because the patentably indistinct claims have not in fact been patented.
The subject matter claimed in the instant application and co-pending application are claiming similar subject matter, as follows:
Instant Application No. 18631081
US Application 17/988410 (USPGPub. No. 2023/0074631 A1)
Title
INFORMATION PROCESSING DEVICE, INFORMATION PROCESSING METHOD, AND NON-TRANSITORY COMPUTER READABLE MEDIUM
INFORMATION PROCESSING DEVICE, INFORMATION PROCESSING METHOD, AND NON-TRANSITORY COMPUTER READABLE MEDIUM
Claim 1. An information processing device comprising: a controller configured to: generate a display image displaying a profile, the profile being information indicating a time-series change of a parameter related to an operation to be performed by an inhaler device that generates an aerosol by using a substrate, the operation being an operation of generating the aerosol; and
change the profile and display of the profile in the display image in accordance with a user operation on the profile on the generated display image, wherein the controller limits a range within which the profile is changeable, and changes the profile in accordance with the user operation for designating a change of the profile within the limited range within which the profile is changeable.
1. An information processing device comprising a controller configured to:
generate a display image that displays a profile, the profile being information indicating a time-series change of a parameter related to an operation of generating an aerosol, the operation being performed by an inhaler device configured to generate the aerosol by using a substrate; and
change the profile and display of the profile in the display image in accordance with a user operation on the parameter to be operated in the generated display image.
Claims 2-18 are also provisionally obvious to the claims 1-20 of the U.S. Patent co-pending Application No. 17/988410 (USPGPub. No. 2023/0074631 A1)).
Although the conflicting claims are not identical, they are not patentably distinct from each other (as shown in the table for comparison) because they are substantially similar or conceptually inherent to the limitations of the patent applications (as for example the limitation “generate a display image displaying a profile, the profile being information indicating a time-series change of a parameter related to an operation to be performed by an inhaler device that generates an aerosol by using a substrate” of the application is equivalent to the limitation “generate a display image that displays a profile, the profile being information indicating a time-series change of a parameter related to an operation of generating an aerosol, the operation being performed by an inhaler device configured to generate the aerosol by using a substrate” of the co-pending application) in scope and they use the similar limitations and produce the similar/same end result of changing and displaying the profile in the display image on the generated display image.
It would be therefore obvious to one having ordinary skill in the art before the effective filing date of the claimed invention was made that to modify or to omit the additional elements of claims 1 and 19-20 of the co-pending application to arrive at the claims 1 and 17-18 of the instant application, would perform the same/similar functions as before.
This is a provisional obviousness-type non-statutory double patenting rejection because the patentably indistinct claims have not yet been patented. See MPEP 804 and 1490 (VI) D:
Specification objections (Title)
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: INFORMATION PROCESSING MECHANISM OF CUSTOMIZED OPERATION OF AN INHALER DEVICE. MPEP 606.01
Claim Rejections - 35 USC § 103
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
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.
Claims 1-18 are rejected under AIA 35 U.S.C. 103 as being unpatentable over Heidl, et al. USPGPub No. 20190289915 A1.
As to claim 1, Heidl discloses An information processing device (Heidl [abstract] “vaporizer device include a sensor - detect a pressure change in the one or more airflow pathways - a controller to control the regulator - a data interface coupled to the processor - to contact a receiving portion of a vaporizer cartridge - inserted into the cavity” see Fig. 1-24) comprising:
a controller configured to: generate a display image displaying a profile, the profile being information indicating a time-series change of a parameter related to an operation to be performed by an inhaler device that generates an aerosol by using a substrate, the operation being an operation of generating the aerosol (Heidl [0039-103] “vaporizer device 104 - removable vaporizer cartridge 106 - communication device 108 - utilizing a communication network 116 - include a smart phone, a personal computer and/or laptop, a cellular phone, a tablet, or other device make or receive communications - paired with one or more vaporizer devices 104 - vaporizer cartridge vaporizing profile 220 - temperature profile to be utilized during a puff or draw event - vaporizing material - vaporized at a heating element - vaporizer user 104 inhale vapors of the vaporized material - heating element of the vaporizer device 104 located in the vaporizer cartridge 106 heats the substance, or material, to be vaporized to a temperature of vaporization - include a status/display indicator 536 - display or otherwise indicate a status of, or mode of operation of, the vaporizer device body 502, vaporizer cartridge 404, and/or the vaporizer device 104 - utilizing a default vaporizer cartridge vaporizing profile 434, utilizing a user provided vaporizer cartridge vaporizing profile 436, or utilizing a single temperature or single output setting - user input receiving device 532 to select a specific vaporizer cartridge vaporizing profile 220” [abstract] “vaporizer device include a sensor - a controller to control the regulator - a data interface coupled to the processor - to contact a receiving portion of a vaporizer cartridge” [0002-07] see Fig. 1-24, smart phone/laptop/cellular phone/tablet, status/display indicator (for display image), vaporizer device (as inhaler device for operation of generating aerosol), controller, sensor, communication device, vaporizing material vaporized at heating element, vaporizing profile, temperature profile utilized during puff (as time series change of temperature parameter), vaporizer user inhale vapors of vaporized material, heating element heats substance/material to be vaporized to temperature of vaporization obviously provides controller to generate a display image displaying a profile - indicating a time-series change of a parameter related to an operation to be performed by an inhaler device that generates an aerosol by using a substrate, the operation being an operation of generating the aerosol); and
change the profile and display of the profile in the display image in accordance with a user operation on the profile on the generated display image, wherein the controller limits a range within which the profile is changeable, and changes the profile in accordance with the user operation for designating a change of the profile within the limited range within which the profile is changeable (Heidl [0039-103] “vaporizer device 104 - removable vaporizer cartridge 106 - communication device 108 - utilizing a communication network 116 - a smart phone, a personal computer and/or laptop, a cellular phone, a tablet, or other device make or receive communications - paired with one or more vaporizer devices 104 - vaporizer cartridge vaporizing profile 220 - temperature profile to be utilized during a puff or draw event - vaporizing material - vaporized at a heating element - vaporizer user 104 inhale vapors of the vaporized material - heating element of the vaporizer device 104 located in the vaporizer cartridge 106 heats the substance, or material, to be vaporized to a temperature of vaporization - utilizing a default vaporizer cartridge vaporizing profile 434, utilizing a user provided vaporizer cartridge vaporizing profile 436, or utilizing a single temperature or single output setting - user input receiving device 532 to select a specific vaporizer cartridge vaporizing profile 220” [abstract] “vaporizer device include a sensor - a controller to control the regulator - a data interface coupled to the processor - to contact a receiving portion of a vaporizer cartridge” [0002-07] see Fig. 1-24, vaporizer device, sensor, communication device, vaporizing profile, temperature profile utilized during puff, controller utilizing vaporizer cartridge vaporizing profile or user provided vaporizer cartridge vaporizing profile or single temperature or output setting or user input to select specific vaporizing profile (change profile, user operation on profile), vaporizer user inhale vapors of vaporized material to be vaporized to temperature of vaporization obviously provides change the profile and display of the profile in the display image in accordance with a user operation on the profile on the generated display image, wherein the controller limits a range within which the profile is changeable (controller to regulate the temperature based on the profile obviously within limit, range or predefined value), and changes the profile in accordance with the user operation for designating a change of the profile within the limited range within which the profile is changeable).
Application and the reference Heidl are analogous arts from the same field of endeavor and contain overlapping structural and functional similarities and both contain aerosol or vaporizer device.
It would be therefore obvious to one having ordinary skill in the art at the time of the invention that vaporizer device and processing information are assumed as inhaler device generates aerosol and information processing.
As to the independent claims 17-18, the claims recite similar limitations as the independent claim 1 and rejected using same rational as stated above.
As to claim 2, Heidl further discloses The information processing device according to claim 1, wherein the controller limits the range within which the profile is changeable, based on information on the inhaler device (Heidl [0039-103] “vaporizer device 104 - removable vaporizer cartridge 106 - communication device 108 - utilizing a communication network 116 - a smart phone, a personal computer and/or laptop, a cellular phone, a tablet, or other device make or receive communications - paired with one or more vaporizer devices 104 - vaporizer cartridge vaporizing profile 220 - temperature profile to be utilized during a puff or draw event - vaporizing material - vaporized at a heating element - vaporizer user 104 inhale vapors of the vaporized material - heating element of the vaporizer device 104 located in the vaporizer cartridge 106 heats the substance, or material, to be vaporized to a temperature of vaporization - utilizing a default vaporizer cartridge vaporizing profile 434, utilizing a user provided vaporizer cartridge vaporizing profile 436, or utilizing a single temperature or single output setting - user input receiving device 532 to select a specific vaporizer cartridge vaporizing profile 220” [abstract] “vaporizer device include a sensor - a controller to control the regulator - a data interface coupled to the processor - to contact a receiving portion of a vaporizer cartridge” [0002-07] see Fig. 1-24, vaporizer device, sensor, communication device, vaporizing profile, temperature profile utilized during puff, controller utilizing vaporizer cartridge vaporizing profile or user provided vaporizer cartridge vaporizing profile or single temperature or output setting or user input to select specific vaporizing profile, vaporizer user inhale vapors of vaporized material to be vaporized to temperature of vaporization obviously controller limits the range within which the profile is changeable, based on information on the inhaler device (as controller to regulate the temperature based on the profile obviously within limit, range or predefined value)).
As to claim 3, Heidl further discloses The information processing device according to claim 2, wherein the inhaler device comprises a heater configured to heat the substrate to generate the aerosol, and the information on the inhaler device comprises at least one of an upper limit of a duration of a period during which the heater performs preliminary heating, an upper limit of a duration of a period during which the heater operates based on the profile, an upper limit of a temperature of the heater, an upper limit of a temperature rising rate of the heater, or an upper limit of a total energy amount to be consumed by the heater (Heidl [0039-103] “vaporizer device 104 - removable vaporizer cartridge 106 - communication device 108 - utilizing a communication network 116 - a smart phone, a personal computer and/or laptop, a cellular phone, a tablet, or other device make or receive communications - paired with one or more vaporizer devices 104 - vaporizer cartridge vaporizing profile 220 - temperature profile to be utilized during a puff or draw event - vaporizing material - vaporized at a heating element - vaporizer user 104 inhale vapors of the vaporized material - heating element of the vaporizer device 104 located in the vaporizer cartridge 106 heats the substance, or material, to be vaporized to a temperature of vaporization - utilizing a default vaporizer cartridge vaporizing profile 434, utilizing a user provided vaporizer cartridge vaporizing profile 436, or utilizing a single temperature or single output setting - user input receiving device 532 to select a specific vaporizer cartridge vaporizing profile 220” [abstract] “vaporizer device include a sensor - a controller to control the regulator - a data interface coupled to the processor - to contact a receiving portion of a vaporizer cartridge” [0002-07] see Fig. 1-24, vaporizer device, sensor, communication device, vaporizing profile, temperature profile utilized during puff, controller utilizing vaporizer cartridge vaporizing profile or user provided vaporizer cartridge vaporizing profile or single temperature or output setting or user input to select specific vaporizing profile, heating element of vaporizer cartridge heats substance, vaporizer user inhale vapors of vaporized material to be vaporized to temperature of vaporization obviously heater configured to heat the substrate to generate the aerosol, and the information on the inhaler device - upper limit of a duration of a period during which the heater performs preliminary heating (as per executing program instructions), an upper limit of a duration of a period during which the heater operates based on the profile, an upper limit of a temperature of the heater, an upper limit of a temperature rising rate of the heater, or an upper limit of a total energy amount to be consumed by the heater (as controller to regulate the temperature based on the profile obviously within limit, range or predefined value)).
As to claim 4, the claim recites similar limitations as claim 4 and rejected using same rational as stated above.
As to claim 5, Heidl further discloses The information processing device according to claim 2, comprising a communicator configured to communicate with the inhaler device, wherein the controller limits the range within which the profile is changeable, based on information received by the communicator (Heidl [0039-103] “vaporizer device 104 - removable vaporizer cartridge 106 - communication device 108 - utilizing a communication network 116 - utilizing a default vaporizer cartridge vaporizing profile 434, utilizing a user provided vaporizer cartridge vaporizing profile 436, or utilizing a single temperature or single output setting - user input receiving device 532 to select a specific vaporizer cartridge vaporizing profile 220” [abstract] “vaporizer device include a sensor - a controller to control the regulator - a data interface coupled to the processor - to contact a receiving portion of a vaporizer cartridge” [0002-07] see Fig. 1-24, vaporizer device, sensor, communication device, communication interface, vaporizing profile, temperature profile utilized during puff, controller utilizing vaporizer cartridge vaporizing profile or user provided vaporizer cartridge vaporizing profile or single temperature or output setting or user input to select specific vaporizing profile, heating element of vaporizer cartridge heats substance, vaporizer user inhale vapors of vaporized material to be vaporized to temperature of vaporization obviously provides the limitation).
As to claim 6, the claim recites similar limitations as claim 4 and rejected using same rational as stated above.
As to claim 7, Heidl further discloses The information processing device according to claim 1, wherein if the user operation for designating a change of the profile beyond the range within which the profile is changeable is performed, the controller generates the display image displaying information indicating that the range within which the profile is changeable is exceeded Heidl [0039-103] “vaporizer device 104 - removable vaporizer cartridge 106 - communication device 108 - utilizing a communication network 116 - include a smart phone, a personal computer and/or laptop, a cellular phone, a tablet, or other device make or receive communications - paired with one or more vaporizer devices 104 - vaporizer cartridge vaporizing profile 220 - temperature profile to be utilized during a puff or draw event - vaporizing material - vaporized at a heating element - vaporizer user 104 inhale vapors of the vaporized material - heating element of the vaporizer device 104 located in the vaporizer cartridge 106 heats the substance, or material, to be vaporized to a temperature of vaporization - include a status/display indicator 536 - display or otherwise indicate a status of, or mode of operation of, the vaporizer device body 502, vaporizer cartridge 404, and/or the vaporizer device 104 - utilizing a default vaporizer cartridge vaporizing profile 434, utilizing a user provided vaporizer cartridge vaporizing profile 436, or utilizing a single temperature or single output setting - user input receiving device 532 to select a specific vaporizer cartridge vaporizing profile 220” [abstract] “vaporizer device include a sensor - a controller to control the regulator - a data interface coupled to the processor - contact a receiving portion of a vaporizer cartridge - speakers 484 to alert a user when a certain dosage reached - battery of the vaporizer low, or upon the occurrence of other events” [0002-07] see Fig. 1-24, vaporizer device, controller, sensor, communication device, vaporizing material vaporized at heating element, utilizing default vaporizing profile or cartridge vaporizing profile or user provided vaporizing profile or single temperature or output setting or user input to select specific vaporizing profile (plurality of vaporizing profile for changing parameter), temperature profile utilized during puff, vaporizer user inhale vapors of vaporized material, speakers alert when certain dosage reached (as range of profile changeable reached or default profile exceeded), controller alerts via display status/display indicator or speaker vaporizer profile setting or cartridge status based on profile, obviously provides designating a change of the profile beyond the range within which the profile is changeable is performed, the controller generates the display image displaying information indicating that the range within which the profile is changeable is exceeded).
As to claim 8, Heidl further discloses The information processing device according to claim 1, wherein if the user operation for designating a change of the profile beyond the range within which the profile is changeable is performed, the controller generates the display image displaying information suggesting another change for enabling the change of the profile based on the user operation (Heidl [0039-103] “vaporizer device 104 - removable vaporizer cartridge 106 - communication device 108 - utilizing a communication network 116 - a smart phone, a personal computer and/or laptop, a cellular phone, a tablet, or other device make or receive communications - paired with one or more vaporizer devices 104 - vaporizer cartridge vaporizing profile 220 - temperature profile to be utilized during a puff or draw event - vaporizing material - vaporized at a heating element - vaporizer user 104 inhale vapors of the vaporized material - heating element of the vaporizer device 104 located in the vaporizer cartridge 106 heats the substance, or material, to be vaporized to a temperature of vaporization - utilizing a default vaporizer cartridge vaporizing profile 434, utilizing a user provided vaporizer cartridge vaporizing profile 436, or utilizing a single temperature or single output setting - user input receiving device 532 to select a specific vaporizer cartridge vaporizing profile 220” [abstract] “vaporizer device include a sensor - a controller to control the regulator - a data interface coupled to the processor - to contact a receiving portion of a vaporizer cartridge” [0002-07] see Fig. 1-24, vaporizer device, sensor, communication device, vaporizing profile, temperature profile utilized during puff, controller utilizing vaporizer cartridge vaporizing profile or user provided vaporizer cartridge vaporizing profile or single temperature or output setting or user input to select specific vaporizing profile (change profile, user operation on profile), vaporizer user inhale vapors of vaporized material to be vaporized to temperature of vaporization obviously provides controller generates the display image displaying information suggesting another change for enabling the change of the profile based on the user operation (controller to regulate the temperature based on plurality of profile includes suggested change enabling the profile)).
As to claim 9, Heidl further discloses The information processing device according claim 1, wherein limiting the range within which the profile is changeable comprises at least one of limiting a range within which the parameter is changeable or limiting a period during which the parameter is changeable in the profile (Heidl [0039-103] “vaporizer device 104 - removable vaporizer cartridge 106 - communication device 108 - utilizing a communication network 116 - a smart phone, a personal computer and/or laptop, a cellular phone, a tablet, or other device make or receive communications - paired with one or more vaporizer devices 104 - vaporizer cartridge vaporizing profile 220 - temperature profile to be utilized during a puff or draw event - vaporizing material - vaporized at a heating element - vaporizer user 104 inhale vapors of the vaporized material - heating element of the vaporizer device 104 located in the vaporizer cartridge 106 heats the substance, or material, to be vaporized to a temperature of vaporization - utilizing a default vaporizer cartridge vaporizing profile 434, utilizing a user provided vaporizer cartridge vaporizing profile 436, or utilizing a single temperature or single output setting - user input receiving device 532 to select a specific vaporizer cartridge vaporizing profile 220” [abstract] “vaporizer device include a sensor - a controller to control the regulator - a data interface coupled to the processor - to contact a receiving portion of a vaporizer cartridge” [0002-07] see Fig. 1-24, vaporizer device, sensor, communication device, vaporizing profile, temperature profile utilized during puff, controller utilizing vaporizer cartridge vaporizing profile or user provided vaporizer cartridge vaporizing profile or single temperature or output setting or user input to select specific vaporizing profile (change profile, user operation on profile), vaporizer user inhale vapors of vaporized material to be vaporized to temperature of vaporization obviously provides limiting a range within which the parameter is changeable or limiting a period during which the parameter is changeable in the profile (controller to regulate the temperature based on the profile obviously within limit, range or predefined value)).
As to claim 10, Heidl further discloses The information processing device according to claim 1, wherein the inhaler device comprises a heater configured to heat the substrate to generate the aerosol, and limiting the range within which the profile is changeable comprises limiting a range within which a duration of a period during which the heater performs preliminary heating is changeable (Heidl [0039-103] “vaporizer device 104 - removable vaporizer cartridge 106 - communication device 108 - utilizing a communication network 116 - a smart phone, a personal computer and/or laptop, a cellular phone, a tablet, or other device make or receive communications - paired with one or more vaporizer devices 104 - vaporizer cartridge vaporizing profile 220 - temperature profile to be utilized during a puff or draw event - vaporizing material - vaporized at a heating element - vaporizer user 104 inhale vapors of the vaporized material - heating element of the vaporizer device 104 located in the vaporizer cartridge 106 heats the substance, or material, to be vaporized to a temperature of vaporization - utilizing a default vaporizer cartridge vaporizing profile 434, utilizing a user provided vaporizer cartridge vaporizing profile 436, or utilizing a single temperature or single output setting - user input receiving device 532 to select a specific vaporizer cartridge vaporizing profile 220” [abstract] “vaporizer device include a sensor - a controller to control the regulator - a data interface coupled to the processor - to contact a receiving portion of a vaporizer cartridge” [0002-07] see Fig. 1-24, vaporizer device, sensor, communication device, vaporizing profile, temperature profile utilized during puff, controller utilizing vaporizer cartridge vaporizing profile or user provided vaporizer cartridge vaporizing profile or single temperature or output setting or user input to select specific vaporizing profile, heating element of vaporizer cartridge heats substance, vaporizer user inhale vapors of vaporized material to be vaporized to temperature of vaporization obviously heater configured to heat the substrate to generate the aerosol, and limiting the range within which the profile is changeable comprises limiting a range within which a duration of a period during which the heater performs preliminary heating is changeable (as per executing program instructions controller to regulate the temperature based on the profile obviously within limit, range or predefined value or performs preliminary)).
As to claim 11, the claim recites similar limitations as claim 10 and rejected using same rational as stated above.
As to claim 12, Heidl further discloses The information processing device according to claim 1, wherein the controller generates the display image based on information on the substrate, the display image displaying information indicating whether the profile displayed on the display image is usable for the substrate (Heidl [0039-103] “vaporizer device 104 - removable vaporizer cartridge 106 - communication device 108 - utilizing a communication network 116 - include a smart phone, a personal computer and/or laptop, a cellular phone, a tablet, or other device make or receive communications - paired with one or more vaporizer devices 104 - vaporizer cartridge vaporizing profile 220 - temperature profile to be utilized during a puff or draw event - vaporizing material - vaporized at a heating element - vaporizer user 104 inhale vapors of the vaporized material - heating element of the vaporizer device 104 located in the vaporizer cartridge 106 heats the substance, or material, to be vaporized to a temperature of vaporization - include a status/display indicator 536 - display or otherwise indicate a status of, or mode of operation of, the vaporizer device body 502, vaporizer cartridge 404, and/or the vaporizer device 104 - utilizing a default vaporizer cartridge vaporizing profile 434, utilizing a user provided vaporizer cartridge vaporizing profile 436, or utilizing a single temperature or single output setting - user input receiving device 532 to select a specific vaporizer cartridge vaporizing profile 220” [abstract] “vaporizer device include a sensor - a controller to control the regulator - a data interface coupled to the processor - to contact a receiving portion of a vaporizer cartridge” [0002-07] see Fig. 1-24, status/display indicator display vaporizer cartridge status, vaporizer device, controller, sensor, communication device, vaporizing material vaporized at heating element, vaporizing profile, temperature profile utilized during puff, vaporizer user inhale vapors of vaporized material obviously provides controller generates display image based on information on the substrate, the display image displaying information indicating whether the profile displayed on the display image is usable for the substrate).
As to claim 13, the claim recites similar limitations as claim 12 and rejected using same rational as stated above.
As to claim 14, the claim recites similar limitations as claims 3 and 12 and rejected using same rational as stated above.
As to claim 15, Heidl further discloses The information processing device according to claim 1, wherein the inhaler device comprises a heater configured to heat the substrate to generate the aerosol, and changing the profile comprises changing the parameter, changing a time corresponding to the parameter, and changing a duration of a period during which the heater operates based on the profile (Heidl [0039-103] “vaporizer device 104 - removable vaporizer cartridge 106 - communication device 108 - utilizing a communication network 116 - include a smart phone, a personal computer and/or laptop, a cellular phone, a tablet, or other device make or receive communications - paired with one or more vaporizer devices 104 - vaporizer cartridge vaporizing profile 220 - temperature profile to be utilized during a puff or draw event - vaporizing material - vaporized at a heating element - vaporizer user 104 inhale vapors of the vaporized material - heating element of the vaporizer device 104 located in the vaporizer cartridge 106 heats the substance, or material, to be vaporized to a temperature of vaporization - include a status/display indicator 536 - display or otherwise indicate a status of, or mode of operation of, the vaporizer device body 502, vaporizer cartridge 404, and/or the vaporizer device 104 - utilizing a default vaporizer cartridge vaporizing profile 434, utilizing a user provided vaporizer cartridge vaporizing profile 436, or utilizing a single temperature or single output setting - user input receiving device 532 to select a specific vaporizer cartridge vaporizing profile 220” [abstract] “vaporizer device include a sensor - a controller to control the regulator - a data interface coupled to the processor - to contact a receiving portion of a vaporizer cartridge” [0002-07] see Fig. 1-24, vaporizer device, controller, sensor, communication device, vaporizing material vaporized at heating element, utilizing cartridge vaporizing profile or user provided vaporizing profile or single temperature or output setting or user input to select specific vaporizing profile (plurality of vaporizing profile for changing parameter), temperature profile utilized during puff, vaporizer user inhale vapors of vaporized material, status/display indicator display vaporizer cartridge status obviously provides heater to heat the substrate to generate the aerosol, and changing the parameter, changing a time corresponding to the parameter, and changing a duration of a period during which the heater operates based on the profile).
As to claim 16, Heidl further discloses The information processing device according to claim 1, wherein the inhaler device comprises a heater configured to heat the substrate to generate the aerosol, and changing the profile comprises changing a duration of a period during which the heater performs preliminary heating (Heidl [0039-103] “vaporizer device 104 - removable vaporizer cartridge 106 - communication device 108 - utilizing a communication network 116 - include a smart phone, a personal computer and/or laptop, a cellular phone, a tablet, or other device make or receive communications - paired with one or more vaporizer devices 104 - vaporizer cartridge vaporizing profile 220 - temperature profile to be utilized during a puff or draw event - vaporizing material - vaporized at a heating element - vaporizer user 104 inhale vapors of the vaporized material - heating element of the vaporizer device 104 located in the vaporizer cartridge 106 heats the substance, or material, to be vaporized to a temperature of vaporization - include a status/display indicator 536 - display or otherwise indicate a status of, or mode of operation of, the vaporizer device body 502, vaporizer cartridge 404, and/or the vaporizer device 104 - utilizing a default vaporizer cartridge vaporizing profile 434, utilizing a user provided vaporizer cartridge vaporizing profile 436, or utilizing a single temperature or single output setting - user input receiving device 532 to select a specific vaporizer cartridge vaporizing profile 220” [abstract] “vaporizer device include a sensor - a controller to control the regulator - a data interface coupled to the processor - to contact a receiving portion of a vaporizer cartridge” [0002-07] see Fig. 1-24, vaporizer device, controller, sensor, communication device, vaporizing material vaporized at heating element, utilizing cartridge vaporizing profile or user provided vaporizing profile or single temperature or output setting or user input to select specific vaporizing profile (plurality of vaporizing profile for changing parameter), temperature profile utilized during puff, vaporizer user inhale vapors of vaporized material, status/display indicator display vaporizer cartridge status obviously provides heater to heat substrate to generate aerosol, and changing the profile comprises changing a duration of a period during which the heater performs preliminary heating (as per executing program instructions controller regulates the temperature based on profile obviously performs preliminary heating)).
Citation of Pertinent Prior Art
It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2141.02 VI. PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, i.e., as a whole and 2123.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art made of record:
Anderson, et al. USPGPub No. 2020/0000143 A1 discloses an electronic vaporizing device for controlling and making a cartridge containing a vaporizable substance and body part includes plurality of components to provide vaporizer device inhalation or puff coaching.
Doyle, et al. USPGPub No. 2020/0329775 A1 discloses an electronic vaporizing device for controlling and automating thermal profile control.
Hedarchet, USPGPub No. 2018/0098576 A1 discloses a method of controlling an electrically operated aerosol-generating system receiving an input to adjust predefined parameter of the system indicating input within the range of allowable values for the parameter.
Henry, et al. USP No. 11,696,604 B2 discloses an aerosol delivery device as smoking articles for controlling aerosol based on input characteristics to heat a material to form inhalable substance for human consumption.
Nagata, et al. USPGPub No. 2019/0166915 A1 discloses a flavor inhaler includes flavor releasing unit storing flavor component and aerosol-forming substrate for generating aerosol containing flavor component from the contents and direct aerosol generated by generation unit to user.
Singleton, et al. USP No. 12,446,624 B2 discloses a vaporizer device for obtaining and modifying one or more configurations of vaporizer devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Md Azad whose telephone @(571)272-0553 or email: md.azad@uspto.gov. The examiner can normally be reached on Mon-Thu 9AM-5PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mohammad Ali can be reached on (571)272-4105. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from Patent Center and the Private Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from Patent Center or Private PAIR. Status information for unpublished applications is available through Patent Center and Private PAIR for authorized users only. Should you have questions about access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) Form at https://www.uspto.gov/patents/uspto-automated- interview-request-air-form.
/Md Azad/
Primary Examiner, Art Unit 2119.
Prosecution Insights