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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 7, 9, 12, 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MEMARI et al. (US 2015/0245668).
Memari teaches a delivery device comprising a light source (64) to provide visual feedback to a user; a secondary feedback component (para. 0537), a processor (para. 0478) configured to determine a change in status of the delivery device, and a controller (para. 0118) to control the light source and to actuate the secondary feedback component in response to a signal from the processor to provide secondary feedback in addition to the visual feedback provided by the light source indicative of a change in status of the delivery device (para. 0551).
Regarding claim 2, Memari teaches the secondary feedback component is a vibration component to generate haptic feedback to a user (para. 0551), the controller being configured to actuate the vibration component to provide both visual and haptic feedback indicative of a change in status of the delivery device (para. 0551).
Regarding claim 3, Memari teaches a battery, the processor being configured to determine that a change in status of the delivery device has occurred based on a state of charge of the battery (para. 0543-0547).
Regarding claim 4, Memari teaches the state of charge of the battery is determined based on its voltage (para. 0393).
Regarding claim 5, Memari teaches the state of charge of the battery is determined based on a predetermined reduction in charge level of the battery relative to its fully charged state (para. 0543-0544).
Regarding claim 7, Memari teaches the controller is configured to actuate the vibration component at a vibration frequency that depends on a determined state of charge of the battery (para. 0547, 0561, 0563).
Regarding claim 9, Memari teaches the controller is configured to change the color of the light source in response to a signal from the processor to provide visual feedback that the status of the delivery device has changed (para. 0560).
Regarding claim 12, Memari teaches a delivery system comprising a delivery device (1); and an aerosol generating module configured to provide aerosol to a user when power is supplied by the battery (59) of the delivery device to a heater (98) configured to provide heat to the aerosol generating module.
Regarding claim 13, Memari teaches a method of controlling a delivery device comprising a processor (para. 0118, 0275) configured to determine a change in a status of the delivery device and a controller (para. 0118) to control a light source in response to a signal from the processor to visually indicate that the status of the delivery device has changed, wherein the method includes actuating a vibration element to provide haptic feedback indicative of said change in status in addition to controlling the light source (para. 0551).
Claim(s) 1-13 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by HARDEN et al. (US 2022/0256934).
Harden teaches a delivery device comprising a light source (para. 0048) to provide visual feedback to a user; a secondary feedback component (para. 0074), a processor (para. 0338, 0398) configured to determine a change in status of the delivery device, and a controller (para. 0046) to control the light source and to actuate the secondary feedback component in response to a signal from the processor to provide secondary feedback in addition to the visual feedback provided by the light source indicative of a change in status of the delivery device (para. 0052, 0074).
Regarding claim 2, Harden teaches the secondary feedback component is a vibration component to generate haptic feedback to a user (para. 0074), the controller being configured to actuate the vibration component to provide both visual and haptic feedback indicative of a change in status of the delivery device (para. 0052, 0074).
Regarding claim 3, Harden teaches a battery, the processor being configured to determine that a change in status of the delivery device has occurred based on a state of charge of the battery (para. 0052).
Regarding claim 4, Harden teaches the state of charge of the battery is determined based on its voltage (para. 0052).
Regarding claim 5, Harden teaches the state of charge of the battery is determined based on a predetermined reduction in charge level of the battery relative to its fully charged state (para. 0052).
Regarding claim 6, Harden teaches the processor is configured to determine that a change of status of the delivery device has occurred when the charge level of the battery reaches 20% of its fully charged state (para. 0054, 0102).
Regarding claim 7, Harden teaches the controller is configured to actuate the vibration component at a vibration frequency that depends on a determined state of charge of the battery (para. 0122).
Regarding claim 8, Harden teaches the processor is configured to actuate the vibration component for a period of time depending on the state of charge of the battery (para. 0125).
Regarding claim 9, Harden teaches the controller is configured to change the color of the light source in response to a signal from the processor to provide visual feedback that the status of the delivery device has changed (para. 0560).
Regarding claim 10, Harden teaches the controller is configured to illuminate the light source in a different color depending on the determined state of charge of the battery (para. 0052).
Regarding claim 11, Harden teaches a buzzer, wherein the controller is configured to actuate the buzzer in response to a signal from the processor to provide audible feedback indicative of a change in status of the delivery device (para. 0075).
Regarding claim 12, Harden teaches a delivery system comprising a delivery device (102); and an aerosol generating module configured to provide aerosol to a user when power is supplied by the battery (para. 0035) of the delivery device to a heater (para. 0030) configured to provide heat to the aerosol generating module.
Regarding claim 13, Harden teaches a method of controlling a delivery device comprising a processor (para. 0338, 0398) configured to determine a change in a status of the delivery device and a controller (para. 0046) to control a light source in response to a signal from the processor to visually indicate that the status of the delivery device has changed, wherein the method includes actuating a vibration element to provide haptic feedback indicative of said change in status in addition to controlling the light source (para. 0052, 0074).
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.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over MEMARI et al. (US 2015/0245668).
Memari teaches a delivery device comprising a light source (64) to provide visual feedback to a user; a secondary feedback component (para. 0537), a processor (para. 0478) configured to determine a change in status of the delivery device, and a controller (para. 0118) to control the light source and to actuate the secondary feedback component in response to a signal from the processor to provide secondary feedback in addition to the visual feedback provided by the light source indicative of a change in status of the delivery device (para. 0551).
Memari teaches the processor is configured to determine the charge level of the battery (para. 0488) and the Memari provides an indicator showing the charge level of the battery (para. 0563). Although Memari only discloses illuminating different colors based on whether a dose has been consumed (para. 0560) or indicating time through color (para. 0574), it would have been obvious to one of ordinary skill in the art from Memari’s teaching of providing an indicator showing the charge level of the battery (para. 0563) that the indicator for showing the charge level of the battery could be accomplished by illuminating the light source in a different color.
Conclusion
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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