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
2. The action is responsive to the communications filed on 7/29/2026. Claims 18-28, 30, 33-37 are pending in the case. Claims 18, 30, 34 are amended. Claims 1-17 are previously cancelled. Claims 29, 31, 32 are cancelled. Claim 18, 30, 34 are independent claims. Claims 18-28, 30, 33-37 are rejected.
Summary of claims
3. Claims 18-28, 30, 33-37 are pending,
Claims 18, 30, 34 are amended,
Claims 1-17, 29, 31, 32 are cancelled,
Claims 18, 30, 34 are independent claims,
Claims 18-28, 30, 33-37 are rejected.
Remarks
4. Applicant’s arguments, see Remarks, filed on 7/29/2026, with respect to the rejection(s) of claim(s) 18-28, 30, 33-37 under 103 have been fully considered and are not persuasive in view of new rejection ground(s).
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 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 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.
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.
5. Claims 18-28, 34-37 are rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al (US Publication 20190335816 A1, hereinafter Yamada), and in view of Manabu Takeuchi et al (US Publication 20190380395 A1, hereinafter Takeuchi), and further in view of Daniel Fard et al (US Publication 20210044690 A1, hereinafter Fard).
As for independent claim 18, Yamada discloses: A notification control device for an aerosol generating apparatus that generates an aerosol ([0031], making a predetermined notification to an inhaler of the aerosol when the detected or estimated capacity is smaller than the threshold and the variable satisfies the predefined condition) from an aerosol source by using electric power from a power supply (Yamada: [0102], The battery 110 supplies electric power to the components of the inhaler device 100A such as the notifying part 108, the sensor 112, the memory 114, and the atomizing part 118. The battery 110 can also be charged by being connected to an external power supply via a predetermined port (not shown in the figure) of the inhaler device 100A), the notification control device comprising: circuitry configured to obtain [deterioration information] regarding the power supply ([0103], The sensor 112 may be configured to detect an SOC (State of Charge), a current integrated value, a voltage, and the like of the battery 110. The current integrated value may be calculated by a current integration method, an SOC-OCV (Open Circuit Voltage) method, or the like; please note the State of Charge of the battery is a status information regarding the power supply, for more details regarding “deterioration information”, please see below in Takeuchi), and output a notification of the [deterioration] information regarding the power supply ([0117], if the notifying part 108 includes a display, the controller 106 may cause the display to operate so as to perform predetermined indication indicative of the fact that replacement, filling, charging, etc. of elements (which is hereinafter referred to as “replacement, etc.” as required) is necessary. As another example, if the notifying part 108 includes a speaker, the controller 106 may cause the speaker to operate so as to output a predetermined sound), wherein the notification indicates that the power supply is deteriorated by an amount corresponding to a parameter different from a charging capacity of the power supply ([0103], The sensor 112 may be configured to count the number of times the user puffs using the inhaler device 100A; [0142], count the number of times of replacement of the above-described element which is a parameter useful in estimating the product life of the inhaler device 100, the degree of wear of other elements); wherein the notification is output [as a text message] indicating that the power supply is deteriorated by an amount corresponding to a specific number of puffs or a specific time duration ([0103], count the number of times the user puffs using the inhaler device; [0141], cumulative time and the counting of the number of times of replacement; [0142], count the number of times of replacement of the above-described element which is a parameter useful in estimating the product life of the inhaler device; please note the number of times the user puffs, cumulative usage time may indicate the power supply needs attention);
Yamada discloses determining the State of Charge of the battery, and determining the wear of the power supply, but does not clearly disclose these information includes deterioration information of an electric aerosol generating device, in an analogous art of determining and notify status information of an electric aerosol generating device, Takeuchi discloses: deterioration information regarding the power supply (Takeuchi: [0024], the degree of deterioration of the power source).
Yamada and Takeuchi are analogous arts because they are in the same field of endeavor, electronic aerosol generating device. Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Yamada using the teachings of Takeuchi to include determining the degree of deterioration of the power source. It would provide Yamada’s device with enhanced capabilities of providing more detected information regarding the power source to user so user experience is improved.
Further, Yamada discloses displaying notification to user ([0117]) but does not clearly disclose displaying notification in text message format, in another providing detected information for an electric smoking device, Fard discloses: wherein the notification is output as a text message indicating that the power supply is deteriorated by an amount corresponding to a specific number of puffs or a specific time duration (Fard: [0041], The lifetime and lifespan may be expressed as a time, e.g. in hours, minutes or seconds, or may be expressed in terms of discrete events, e.g. number of remaining activation events or the like; [0113], The notification may be visible, audible, tactile or a combination thereof. For example, the notification may cause the mobile device to vibrate and simultaneously display a banner with a message that is indicative of the battery-related event; please note the notification regarding remaining number of activation events may be displayed in text message);
Yamada and Fard are analogous arts because they are in the same field of endeavor, electronic aerosol generating device. Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Yamada using the teachings of Fard to include displaying the notification message. It would provide Yamada’s device with enhanced capabilities of allowing user to receive notification easily so user experience is improved.
As for claim 19, Yamada-Takeuchi-Fard discloses: wherein the parameter includes at least one selected from the group consisting of: a number of times of inhalation, an inhalation time, a number of times of charging, and a number of times of replacement of the aerosol source (Yamada: [0103], count the number of times the user puffs using the inhaler device; [0141], cumulative time and the counting of the number of times of replacement; [0142], count the number of times of replacement of the above-described element which is a parameter useful in estimating the product life of the inhaler device; [0194], the cartridge 104 may be replaced twice and the battery 110 may be charged once while the capsule is replaced for ten times).
As for claim 20, Yamada-Takeuchi-Fard discloses: wherein the circuitry is configured to: output a first notification when a degree of deterioration of the power supply is lower than a first threshold value; output a second notification when the degree of deterioration of the power supply is equal to or higher than the first threshold value and lower than a second threshold value (Yamada: [0051], when a first capacity detected or estimated concerning the first element is smaller than a first threshold and a second capacity detected or estimated concerning the second element is equal to or larger than a second threshold and cause the notifying part to function in a second mode different from the first mode when the first capacity is smaller than the first threshold and the second capacity is smaller than the second threshold); and output a third notification when the degree of deterioration of the power supply is equal to or higher than the second threshold value (Takeuchi: [0164], a judgment regarding whether the value of the specific variable is equal to or larger than a third threshold value is made).
As for claim 21, Yamada-Takeuchi-Fard discloses: wherein the first notification includes information indicating that the power supply is not deteriorated (Yamada: [0186], the controller 106 may also set the light emission color of the light emitting element in the normal operation of the step 614 to blue and may likewise set to blue the light emission color of the light emitting element in the step 638 associated with the capsule 126 which have the highest frequency of the battery 110; please note indicating the power supply is in normal operation means the power supply is not deteriorated).
As for claim 22, Yamada-Takeuchi-Fard discloses: wherein the third notification includes information indicating that the power supply needs to be replaced (Yamada: [0117], the notifying part 108 includes a display, the controller 106 may cause the display to operate so as to perform predetermined indication indicative of the fact that replacement, filling, charging, etc. of elements; [0144], the controller 106 may be configured to cause the notifying part 108 to function in the first mode only when the capacity of the second member 104 is smaller than a predetermined threshold).
As for claim 23, Yamada-Takeuchi-Fard discloses: wherein when a previous notification was the first notification, the second notification includes information indicating that deterioration of the power supply has started (Takeuchi: [0024], the degree of deterioration of the power source).
As for claim 24, Yamada-Takeuchi-Fard discloses: wherein when a difference between the degree of deterioration of the power supply and the second threshold value is equal to or lower than a predetermined value, the circuitry is configured to output information indicating that the power supply needs to be replaced immediately (Yamada: [0117], the notifying part 108 includes a display, the controller 106 may cause the display to operate so as to perform predetermined indication indicative of the fact that replacement, filling, charging, etc. of elements; [0144], the controller 106 may be configured to cause the notifying part 108 to function in the first mode only when the capacity of the second member 104 is smaller than a predetermined threshold).
As for claim 25, Yamada-Takeuchi-Fard discloses: wherein the notification includes at least one selected from the group consisting of: a number of times of charging executable until the power supply is replaced, an inhalation time available until the power supply is replaced, a number of times of inhalation executable until the power supply is replaced, and a number of days until the power supply is replaced (Yamada: [0103], count the number of times the user puffs using the inhaler device; [0141], cumulative time and the counting of the number of times of replacement; [0142], count the number of times of replacement of the above-described element which is a parameter useful in estimating the product life of the inhaler device; [0194], the cartridge 104 may be replaced twice and the battery 110 may be charged once while the capsule is replaced for ten times).
As for claim 26, Yamada-Takeuchi-Fard discloses: a display, wherein the circuitry is configured to control the display to display the notification (Yamada: [0101], The notifying part 108 may include a light emitting element such as an LED, a display, a speaker, a vibrator or the like. The notifying part 108 is configured to perform some notification to the user with light emission, display, utterance, vibration, or the like according to necessity).
As for claim 27, Yamada-Takeuchi does not clearly disclose communicate with an external device and transfer the notification, in another providing detected information for an electric smoking device, Fard discloses: a communication interface configured to communicate with an external device, wherein the circuitry is configured to transmit the notification to the external device via the communication interface (Fard: Abstract, enables the status of components in a smoking substitute device to be monitored through a portable communication terminal (e.g. mobile phone). The smoking substitute device is configured to communicate wirelessly with the portable communication terminal, e.g. via a wireless personal area network, to transmit component status information).
Yamada and Fard are analogous arts because they are in the same field of endeavor, electronic aerosol generating device. Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Yamada using the teachings of Fard to include communicating with an external device wirelessly and transferring the notification message. It would provide Yamada’s device with enhanced capabilities of allowing user to receive notification easily so user experience is improved.
As for claim 28, Yamada-Takeuchi-Fard discloses: wherein the circuitry is configured to diagnose the deterioration information based on a ratio of a full charging capacity at a time of deterioration to a full charging capacity at a time of a new product, or based on an internal resistance of the power supply (Takeuchi: [0172], the value of the decreased quantity of the output voltage of the power source 40 per predetermined period when the power source 40 is in a fully-charged state and electric power is supplied to the load 111R with a duty ratio of 100%).
Claims 29, 31, 32 cancelled
As per Claim 34, it recites features that are substantially same as those features claimed by Claim 18, thus the rationales for rejecting Claim 18 are incorporated herein.
As for claim 35, Yamada-Takeuchi-Fard discloses: wherein the parameter includes at least one selected from the group consisting of: a number of times of inhalation, an inhalation time, a number of times of charging, and a number of times of replacement of the aerosol source (Yamada: [0103], count the number of times the user puffs using the inhaler device; [0141], cumulative time and the counting of the number of times of replacement; [0142], count the number of times of replacement of the above-described element which is a parameter useful in estimating the product life of the inhaler device; [0194], the cartridge 104 may be replaced twice and the battery 110 may be charged once while the capsule is replaced for ten times).
As per Claim 36, it recites features that are substantially same as those features claimed by Claim 20, thus the rationales for rejecting Claim 20 are incorporated herein.
As for claim 37, Yamada-Takeuchi-Fard discloses: wherein outputting the notification comprises displaying the notification on a display of the aerosol generating apparatus or a display of an external device in communication with the aerosol generating apparatus (Fard: Abstract, enables the status of components in a smoking substitute device to be monitored through a portable communication terminal (e.g. mobile phone). The smoking substitute device is configured to communicate wirelessly with the portable communication terminal, e.g. via a wireless personal area network, to transmit component status information).
6. Claims 30, 33 are rejected under 35 U.S.C. 103 as being unpatentable over Yamada and Takeuchi, and further in view of Manabu Yamada et al (US Publication 20200245690 A1, hereinafter Yamada1).
As for independent claim 30, Yamada discloses: A notification control device ([0031], making a predetermined notification to an inhaler of the aerosol when the detected or estimated capacity is smaller than the threshold and the variable satisfies the predefined condition) comprising: circuitry configured to: obtain deterioration information on a power supply of an aerosol generating apparatus ([0103], The sensor 112 may be configured to detect an SOC (State of Charge), a current integrated value, a voltage, and the like of the battery 110. The current integrated value may be calculated by a current integration method, an SOC-OCV (Open Circuit Voltage) method, or the like; [0142], count the number of times of replacement of the above-described element which is a parameter useful in estimating the product life of the inhaler device 100, the degree of wear of other elements); and output a notification of [the deterioration information] on the power supply according to a graph, wherein the graph includes a charging capacity at a time point when the power supply is not deteriorated, a charging capacity at a time point when the notification is performed, and a charging capacity at a time point when replacement of the power supply is notified, and wherein the graph includes at least one of a cumulative inhalation time, a cumulative number of times of inhalation, and a cumulative number of times of charging ([0103], count the number of times the user puffs using the inhaler device; [0141], cumulative time and the counting of the number of times of replacement)
Yamada does not clearly disclose output a notification of the deterioration information according to a graph, Takeuchi disclose: and output a notification of the deterioration information on the power supply according to a graph (Takeuchi: Fig. 10 and [0039], a graph showing relationship between degrees of deterioration of a power source and output voltages of the power source).
Yamada and Takeuchi are analogous arts because they are in the same field of endeavor, electronic aerosol generating device. Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Yamada using the teachings of Takeuchi to include determining the deterioration information according to a graph. It would provide Yamada’s device with enhanced capabilities of providing more detected information regarding the power source to user so user experience is improved.
Further, Yamada disclose determining inhaler device information such as count the number of times the user puffs using the inhaler device ([0103]), cumulative time and the counting of the number of times of replacement ([0141]), but does not clearly disclose displaying the power supply information in a graph, Yamada1 discloses: wherein the graph includes a charging capacity at a time point when the power supply is not deteriorated, a charging capacity at a time point when the notification is performed, and a charging capacity at a time point when replacement of the power supply is notified, and wherein the graph includes at least one of a cumulative inhalation time, a cumulative number of times of inhalation, and a cumulative number of times of charging (Yamada1: Fig. 8, display value representing remaining amount of power source, number of times of puffs in graph; Fig. 15, display remaining number of times of puffs);
Yamada and Yamada1 are analogous arts because they are in the same field of endeavor, electronic aerosol generating device. Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Yamada using the teachings of Yamada1 to include output inhalator information in a graph. It would provide Yamada’s device with enhanced capabilities of allowing user to understand the detected information regarding the power source easily.
As for claim 33, Yamada-Takeuchi-Yamada1 discloses: wherein the notification includes at least one selected from the group consisting of: a number of times of charging executable until the power supply is replaced, an inhalation time available until the power supply is replaced, a number of times of inhalation executable until the power supply is replaced, and a number of days until the power supply is replaced (Yamada: [0103], count the number of times the user puffs using the inhaler device; [0141], cumulative time and the counting of the number of times of replacement; [0142], count the number of times of replacement of the above-described element which is a parameter useful in estimating the product life of the inhaler device; [0194], the cartridge 104 may be replaced twice and the battery 110 may be charged once while the capsule is replaced for ten times).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Hua Lu whose telephone number is 571-270-1410 and fax number is 571-270-2410. The examiner can normally be reached on Mon-Fri 9:00 am to 6:00 pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Scott Baderman can be reached on 571-272-3644. The fax phone number for the organization where this application or proceeding is assigned is 703-273-8300.
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/Hua Lu/
Primary Examiner, Art Unit 2118
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