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(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 12, 27, 28, 32, and 33 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation "the first predetermined criterion" in line 10. There is insufficient antecedent basis for this limitation in the claim.
Claim 27 recites the limitation "the aerosol provision device" in line 10. There is insufficient antecedent basis for this limitation in the claim. Furthermore, it is unclear based on the claim language how an aerosol provision device is related to the claimed aerosol provision system.
Claims 28, 32, and 33 are rejected by dependence.
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, 6, 8, 10, 12, 14-16, 22, 25, 27, 28, 32, and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Birnbaum et al. (US 2020/0150857).
Claims 1 and 25. Birnbaum et al. discloses a haptic-enabled dispenser for dispensing a consumable substance wherein the dispenser may be an electronic vaporizing device (part of an aerosol provision system) (Abstract; [0002]). The haptic-enabled dispenser 100 for dispensing a consumable substance includes the housing 110 having a passage 310, the haptic output device 112 (feedback portion) and the control circuit 114. The haptic-enabled dispenser 100 further includes a conversion component 120, such as an atomizer configured to convert a liquid to a consumable vapor (Figures 3a-3d; [0112]). The housing 110 may be configured to dispense the consumable substance via the passage 310 to an outlet 118 located at the mouthpiece portion 320 (portion of the aerosol provision system). The mouthpiece portion 320 of the housing 110 may be a portion where a user mouth may contact, directly or indirectly, to consume the consumable substance via the outlet 118. In an embodiment, the haptic output device 112 may be disposed at the mouthpiece portion 320. The control circuit 114 may be configured to control the haptic output device 112 to generate a haptic effect at the mouthpiece portion 320 of the housing 110 of the electronic consumable haptic-enabled dispenser 100 (Figures 3a-3d; [0113]). The haptic output device 112 may include at least one electrode disposed on a surface of the housing to provide electrical stimulus (electrical charge) as the haptic effect ([0116]).
Claims 2 and 3. Birnbaum et al. discloses that the housing 110 may be configured to dispense the consumable substance via the passage 310 to an outlet 118 located at the mouthpiece portion 320. The mouthpiece portion 320 of the housing 110 may be a portion where a user mouth may contact, directly or indirectly, to consume the consumable substance via the outlet 118. In an embodiment, the haptic output device 112 may be disposed at the mouthpiece portion 320. Alternatively, the haptic output device 112 may be disposed in another portion of the housing 110. For example, the haptic output device 112 may be disposed a handle portion that can be grabbed by a user, such that the haptic effect by the haptic output device 112 may be sensed by a hand grabbing the handle portion ([0113]).
Claim 4. Birnbaum et al. discloses that the haptic-enabled dispenser for dispensing a consumable substance may implement a user input component that may be used to receive user input to configure haptic effects provided at the haptic-enabled dispenser. The haptic effects may be provided based on haptic settings that can be configured by user input. For example, the user may use the user input component to enter a user input to configure haptic settings, such that the user may be able to customize the haptic effects provided by the haptic-enabled dispenser, thereby enhancing user experience. Examples of the user input component may include at least one of a mechanical button, a mechanical switch, a touch-sensing button, a touch-sensing surface, or a touch screen ([0073]).
Claim 6. Birnbaum et al. discloses that the haptic output device 112 may include electrodes disposed at different respective regions of an outer surface of the housing. In such an embodiment, the control circuit 114 may be configured to control the electrodes to provide an electrical haptic effect. The electrical haptic effect may be an electrotactile stimulus effect, such as a mild electric shock ([0119]). The haptic effect may be provided to warn the user of safety issues if the cartridge safety status of the cartridge parameter indicates safety issues such as the cartridge being unrecognizable (e.g., as a safe cartridge for use) and malfunctioning of the cartridge ([0079]).
Claim 8. Birnbaum et al. discloses that the haptic effect may be controlled to provide heat and/or vibration to simulate sensation of cigarette heat and/or tactile sensation from smoking a cigarette. The intensity of the haptic effect (e.g., the temperature of the heat or intensity of vibration) may be adjusted based on a flow rate of the consumable substance through the haptic-enabled dispenser ([0079]).
Claims 10 and 12. Birnbaum et al. discloses generating a first control signal (first signal) to provide a first haptic effect (first feedback) at the haptic-enabled dispenser, in response to determining that the consumption quantity has reached or exceeded the consumption threshold. In such an embodiment, the method further comprises determining an excess consumption quantity indicating how much the consumption quantity has exceeded the consumption threshold, in response to determining that the consumption quantity has exceeded the consumption threshold, and adjusting the first haptic effect based on the excess consumption quantity. In an embodiment, the adjusting the first haptic effect comprises increasing at least one of intensity of the first haptic effect or a duration of the first haptic effect as the excess consumption quantity increases. In an embodiment, the first haptic effect is provided by providing at least one of a vibration or an electrical stimulus ([0037]). When the type of the consumable substance is a second type, generating a second control signal (second signal) to provide a second haptic effect (second feedback) at the haptic-enabled dispenser, in response to determining that the consumption quantity has neither reached nor exceeded the consumption threshold. In such an embodiment, the method further comprises refraining from generating the second control signal for providing the second haptic effect at the haptic-enabled dispenser, in response to determining that the consumption quantity has reached or exceeded the consumption threshold. In an embodiment, the method further comprises generating a first control signal to provide a first haptic effect at the haptic-enabled dispenser, in response to determining that the consumption quantity has exceeded the consumption threshold. In an alternative embodiment, the method further comprises generating a first control signal to provide a first haptic effect at the haptic-enabled dispenser, in response to determining that the consumption quantity has reached or exceeded a second consumption threshold that is greater than the consumption threshold ([0038]).
Claim 14. Birnbaum et al. discloses that the haptic-enabled dispenser 100 (device) is configured to receive a cartridge 210 storing the consumable substance ([0104]; Figure 3a).
Claim 15. Birnbaum et al. discloses that the haptic-enabled dispenser for dispensing a consumable substance may implement a temperature regulator that can provide a heating effect or a cooling effect as a haptic effect. In such an embodiment, the haptic-enabled dispenser may also include a temperature sensor to sense a temperature of one or more portions of the haptic-enabled dispenser. Based on the temperature sensed, the temperature regulator may provide a heating effect or a cooling effect to reach a target temperature. For example, by regulating the temperature of one or more portions of the haptic-enabled dispenser, the haptic-enabled dispenser may maintain the temperature of the consumable substance (in the cartridge 210) to a temperature that is suitable for human consumption ([0072]).
Claim 16. Birnbaum et al. discloses that the haptic output device 112 may be disposed at the mouthpiece portion 320. The control circuit 114 may be configured to control the haptic output device 112 to generate a haptic effect at the mouthpiece portion 320 of the housing 110 of the electronic consumable haptic-enabled dispenser 100 (Figures 3a-3d; [0113]). The haptic output device 112 may include electrodes disposed at different respective regions of an outer surface of the housing. In such an embodiment, the control circuit 114 may be configured to control the electrodes to provide an electrical haptic effect. The electrical haptic effect may be an electrotactile stimulus effect, such as a mild electric shock ([0119]).
Claim 22. Birnbaum et al. discloses that the haptic-enabled dispenser 100 may further include a flow sensor 130 to sense a flow rate of the consumable substance through the passage 310, where the control circuit 114 is further configured to control the haptic output device 112 (feedback portion) to adjust an intensity of the haptic effect based on the flow rate of the consumable substance. In some instances, when a user consumes the consumable substance by applying a suction pressure in the passage 310, the control circuit 114 may control the haptic output device 112 to provide a more intense haptic effect for a higher flow rate of the consumable substance (e.g. due to higher suction force by the user). For example, when a sensation of a cigarette is simulated using the haptic output device 112, the haptic output device 112 may provide more vibration and/or more heat for a higher flow rate to simulate more crackling of a burning cigarette due to a stronger suction pressure by the user ([0118]).
Claims 27 and 32. Birnbaum et al. discloses a method 800 for generating haptic effects on the haptic-enabled dispenser 100 (Figure 8; [0148]) wherein the method comprises determining whether the consumption quantity has reached or exceeded a defined consumption threshold (first predetermined criterion is satisfied) ([0150]). Based on determining whether the consumption quantity has reached or exceeded the consumption threshold, the control circuit 114 determines whether to provide a haptic effect at the consumption haptic-enabled dispenser 100 ([0151]). The haptic output device 112 may include at least one electrode disposed on a surface of the housing to provide electrical stimulus (electrical charge) as the haptic effect ([0116]). The haptic output device 112 may be disposed at the mouthpiece portion 320 (portion of the aerosol provision system) ([0113]).
Claim 28. Birnbaum et al. discloses that the haptic effect may be provided to warn the user of safety issues if the cartridge safety status of the cartridge parameter indicates safety issues such as the cartridge being unrecognizable e.g., as a safe cartridge for use (unauthorized use) and malfunctioning of the cartridge ([0079]).
Claim 33. Birnbaum et al. discloses that the haptic output device 112 may be disposed a handle (external surface) portion that can be grabbed by a user, such that the haptic effect by the haptic output device 112 may be sensed by a hand grabbing the handle portion ([0113]).
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 is rejected under 35 U.S.C. 103 as being unpatentable over Birnbaum et al. (US 2020/0150857) in view of Guerra (US 4068672).
Claim 5. Birnbaum et al. discloses the system of claim 1 wherein the haptic output device 112 (feedback portion) is disposed at the mouthpiece portion 320. The control circuit 114 may be configured to control the haptic output device 112 to generate a haptic effect at the mouthpiece portion 320 of the housing 110 of the electronic consumable haptic-enabled dispenser 100 (Figures 3a-3d; [0113]). The haptic output device 112 may include at least one electrode disposed on a surface of the housing to provide electrical stimulus (electrical charge) as the haptic effect ([0116]).
Birnbaum et al. does not explicitly disclose that the charge delivered is at a maximum current of no more than 5 mA.
Guerra discloses a cigarette holder which includes a generally tubular shell having first and second ends, with the first end being adapted to receive a cigarette; the second end thereof includes structure adapted to be held between a person's lips. A DC voltage source (such as a dry cell battery) of at least six volts and preferably nine volts is mounted within the shell. First and second electrically conductive members are connected to the output of the DC source, with the distal ends of said conductive members extending alongside the lip-contacting structure so that they may be readily touched by a person's lips. The distal ends of said conductive members are separated so as to form a normally open electrical path, such that placing the lip-contacting structure between a person's lips will instantaneously close the electrical path and result in the discharge of DC current from said source through the lips (Abstract). A minimum flow of DC current in order to be discernable by a person's lips should be at least 1 milliamp; and, it would be unusual for an average person to be able to casually tolerate in excess of 5 milliamps. Hence, the optimum range of current that should be provided by the circuit 26 should be within the range of about 1-5 milliamps (Column 3, lines 41-47).
It would have been obvious to one of ordinary skill in the art before the effective filing date that the charge delivered to the mouthpiece portion 320 of Birnbaum et al. should be within the range of about 1-5 milliamps as taught by Guerra, so that it is discernable by a person's lips but not so great that it cannot be “casually tolerated” by the user.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Wilson can be reached at (571)270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHERINE A WILL/Primary Examiner, Art Unit 1747
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