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 § 102
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.
Claims 1-4, 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fernando et al. (US 2010/0163063).
Claim 1. Fernando et al. discloses a smoking article including identification information encoded on the smoking article. The smoking article can be used with an electrically heated smoking system (electrically operated smoking device) having a detector for detecting the smoking article and distinguishing the smoking article from other articles based on the identification information (sensing system comprising an image detector). The electrically heated smoking system for receiving an article configured for use with the smoking system includes: a cavity for receiving the article having identification information encoded thereon, a heating element, a power supply, electrical hardware, and a detector capable of detecting the presence of the article in the cavity and distinguishing the article from other articles based on the identification information. The identification information includes visible ink, ultra violet (UV) ink, infrared (IR) ink, phosphorescent ink, fluorescent ink or metallic ink. Also preferably, the identification information includes one or more of: smoking article type, aerosol-forming substrate type, cleaning article type, cleaning means information, cleaning ingredient type, date of production, place of production, batch number and other production details, and use-by date. The system comprises a housing 103 having a cavity 111 capable of receiving an article, such as a smoking article. The detector is positioned in or adjacent the cavity 111 and includes a source of suitable light (IR, UV or visible, depending on the ink used on the article) and at least one photosensor that detects the reflected light (Abstract; [0007]; [0028]; [0042]; [0059]-[0060]; [0070]). The electrical hardware includes a programmable controller, for example, a microcontroller, for controlling operation of the heating element. The electrical hardware may include memory for storing heating preferences for particular smoking articles and, optionally, cleaning articles, user preferences, user smoking habits or other information. The electrical hardware is arranged to establish a heating protocol for the at least one heating element based on the particular smoking article identified by the detector (control power to the heater). The heating protocol may include one or more of: a maximum operating temperature for the heating element, a maximum heating time per puff, a minimum time between puffs, a maximum number of puffs per smoking article and a maximum total heating time for the smoking article ([0033]-[0035]). The article is one article of a plurality of articles configured for use with the system. The detector is capable of detecting the presence of the article in the cavity and also capable of distinguishing the article from other of the plurality of articles configured for use with the system, based on the identification information. The plurality of articles may include a plurality of smoking articles ([0038]).
Claim 2. Fernando et al. discloses that the detector is capable of detecting the presence of the article in the cavity and also capable of distinguishing the article from other of the plurality of articles configured for use with the system, based on the identification information. The plurality of articles may include a plurality of smoking articles. The system may be arranged to operate with a subset of the plurality of smoking articles configured for use with the smoking system, each smoking article of the subset being distinguishable by the detector. In this way, the system can be set up for use with only particular smoking articles by, for example, programming the electrical hardware. This feature provides a number of advantages. First, this may reduce or eliminate counterfeit smoking articles for use with the system. Second, this may allow manufacturers or distributors to limit the smoking articles which can be used with the system, for example, to account for different smoking articles available in different regions or jurisdictions ([0038]-[0039]).
Claim 3. Fernando et al. discloses that the detector may include a two dimensional array of CCDs (charge coupled devices) ([0070]).
Claim 4. Fernando et al. discloses that the cavity 111 has an open end at front end portion 109 and a base at the rear housing portion 107. The detector is shown adjacent the distal end of the smoking article (the detector identified as 203, 209, and 219 in Figures 2a, 2b, and 2d of Fernando), which would be at the base at the rear housing portion 107 when the smoking article is inserted in the cavity 111 (Fernando [0059]; [0066]; Figures 1, 2a, 2b, 2d).
Claims 13 and 14. Fernando et al. discloses the device according to claim 1 and a smoking article, including identification information (indicia or markings) encoded on the smoking article, is configured for use with an electrically heated smoking system. The identification information is printed on the article ([0007]).
Claim 15. Fernando et al. discloses that the identification information may be printed on the article in various forms. Various inks may be used for printing, including visible ink, ultra violet (UV) ink, infra red (IR) ink, phosphorescent ink, fluorescent ink and metallic ink. In one embodiment, the identification information includes a plurality of lines and spaces. The lines and spaces may extend substantially around the circumference of the article ([0044]).
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, 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.
Claim 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Fernando et al. (US 2010/0163063) in view of Tamai et al. (US 5349171).
Claim 5. Fernando et al. discloses the device of claim 1 where the detector may include an optical sensor including at least one light emitter and at least one light sensor ([0042]) but does not disclose that the sensing system further comprises an imaging lens.
Tamai et al. discloses a bar code reader in a casing 8, the bar code reader having a light source 2 formed by LEDs aligned in an array for emitting a ribbon of light having a wavelength of 660 nm, a mirror 3 for guiding light reflected from a bar code 1, an image forming lens 4, and an image sensor 22 such as a CCD. The mirror 3 is adjacent the light source 2 (Figures 1a and 1b; Column 2, lines 38-52).
It would have been obvious to one of ordinary skill in the art before the effective filing date that the detector of Fernando et al. be configured to comprise a mirror and image forming lens as part of a bar code reading system which is notoriously well known in the art as evidenced by Tamai et al.
Claim 6. Modified Fernando et al. discloses that the cavity 111 has an open end at front end portion 109 and a base at the rear housing portion 107. The detector is shown adjacent the distal end of the smoking article (the detector identified as 203, 209, and 219 in Figures 2a, 2b, and 2d of Fernando), which would be at the base at the rear housing portion 107 when the smoking article is inserted in the cavity 111 (Fernando [0059]; [0066]; Figures 1, 2a, 2b, 2d). Tamai et al. shows the imaging lens 4 in between the light source 2 and the image sensor 22 (Tamai Figures 1a and 1b; Column 2, lines 38-52).
Claim 7. Modified Fernando et al. discloses that the light source 2 emits light at an oblique angle to the optical axis of image forming lens 4 (Tamai Figures 1a and 1b).
Claim 8. Modified Fernando et al. discloses that the light source 2 is formed by LEDs (Tamai Column 2, lines 38-52)
Allowable Subject Matter
Claims 9-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art is Fernando et al. (US 2010/0163063) and Tamai et al. (US 5349171). Fernando and Tamai do not disclose an opaque shield structure disposed between the light source and the detector.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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/KATHERINE A WILL/Primary Examiner, Art Unit 1747
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