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 9-15 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 9 recites the limitations "the heater" in line 5, “the puff” in line 8, and “the puff sensor” in lines 8-9.
Claim 11 recites the limitation "the aerosol-generating substance" in line 3.
Claim 12 recites the limitation "the puff" in line 3.
Claim 15 recites the limitations "the puff" in line 2 and “the puff sensor” in lines 2-3.
There is insufficient antecedent basis for these limitations in the claims.
Claims 10, 13, and 14 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)(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.
Claims 1-3 and 9-11 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al. (US 2022/0400772).
Claims 1 and 2. Kim et al. discloses a portable aerosol generator 200 comprising a main body 210 having a microcontroller 211 and a battery 212 and a liquid cartridge 220 that is electrically detachably mounted on the main body 210 and that has an identifier 221, a heating part 222 (heater), and a liquid part 223 for receiving a liquid type inhalation material (aerosol-generating substance). When the liquid cartridge 220 is fit into the main body 210, the identifier 221 of the liquid cartridge 220 is electrically connected to the microcontroller 211 by a coupling terminal 224. The identifier 221 provided in the liquid cartridge 220 has a memory that stores, e.g., an identifier ID or unique code generation value to make it possible to recognize whether the liquid cartridge 220 is genuine (data is valid). In addition, a puff number can be stored in the identifier 221 by the microcontroller 211. Further, the heating part 222 provided in the liquid cartridge 220 includes a heater that can heat the liquid type inhalation material received in the liquid part 223 by power supplied from the battery 212 provided in the main body 210. When the liquid cartridge 220 is fit into the main body 210, the heating part 222 of the liquid cartridge 220 is electrically connected to the battery 212 by a coupling terminal 224, for example. With the liquid cartridge 220 fit into the main body 210, the microcontroller 211 identifies the identifier 221 of the liquid cartridge 220, reads the identifier ID or unique code generation value stored in the identifier 221, and checks whether the liquid cartridge 220 is genuine. The microcontroller 211 also checks the puff number stored in the identifier 221. In some embodiments, the main body 210 has a puff sensor 225 electrically connected to the microcontroller 211 and connected to the heating part 222 of the liquid cartridge 220 through an air passage 227 when the liquid cartridge 220 is fit into the main body 210. For example, the puff sensor 225 may be a pressure sensor that can sense a pressure change (puff) when the user uses the portable aerosol generator 200. The microcontroller 211 counts the puff number of the user according to a signal input from the puff sensor 225 while the user uses the portable aerosol generator 200, with the liquid cartridge 220 fit into the main body 210, adds the puff number to the puff number stored in the identifier 221 when the use of the portable aerosol generator 200 is finished, and stores the resulting puff number in the identifier 221. In some embodiments, the heating part 222 of the liquid cartridge 220 has a puff sensor 226, and the puff sensor 226 is electrically connected to the microcontroller 211 of the main body 210 by a coupling terminal 224 when the liquid cartridge 220 is fit into the main body 210. For example, the puff sensor 226 may be a pressure sensor that can sense a pressure change when the user uses the portable aerosol generator 200. The microcontroller 211 counts the puff number of the user according to a signal input from the puff sensor 226 while the user uses the portable aerosol generator 200, with the liquid cartridge 220 fit into the main body 210, adds the puff number to the puff number stored in the identifier 221 when the use of the portable aerosol generator 200 is finished, and stores the resulting puff number in the identifier 221. In some embodiments, the microcontroller 211 recognizes the identifier 221, and controls the battery 212 to cut off power (control power supplied to the heater) supplied to the heating part 222, when the liquid cartridge 220 is not genuine (data is invalid). Furthermore, in some embodiments, the microcontroller 211 recognizes the identifier 221, determines the liquid cartridge 220 as the used one when the puff number stored in the identifier 221 exceeds a preset puff number, and controls the battery 212 to cut off power supplied to the heating part 222 (control power supplied to the heater) (Figure 3; [0021]).
Claim 3. Kim et al. discloses that the microcontroller may count the puff number of the user according to a signal input from the puff sensor while the portable aerosol generator is used, add the puff number to the puff number stored in the identifier when the use of the portable aerosol generator is finished, and store the resulting puff number in the identifier. The microcontroller may recognize the identifier, and control the battery to cut off power supplied to the heating part, when the puff number exceeds a preset puff number ([0017]-[0019]).
Claims 9 and 10. Kim et al. discloses a method for operating a portable aerosol generator 200, the portable aerosol generator 200 comprising a main body 210 having a microcontroller 211 and a battery 212 and a liquid cartridge 220 that is electrically detachably mounted on the main body 210 and that has an identifier 221, a heating part 222 (heater), and a liquid part 223 for receiving a liquid type inhalation material (aerosol-generating substance). (Figure 3; [0021]). The microcontroller checks whether the heater module is genuine and/or a puff number (defined requirements) by recognizing the identifier of the heater module ([0015]). The main body may have a puff sensor, and the microcontroller may count the puff number of the user according to a signal input from the puff sensor while the user uses the portable aerosol generator, add the puff number to the puff number stored in the identifier when the use of the portable aerosol generator is finished (update the data stored in the memory), and store the resulting puff number in the identifier ([0016]). The microcontroller may recognize the identifier, and control the battery to cut off power supplied to the heating part, when the puff number exceeds a preset puff number (supply power based on defined requirements being satisfied) ([0019]). The microcontroller may recognize the identifier, and control the battery to cut off power supplied to the heating part, when the liquid cartridge or the heater module is not genuine (data is invalid) ([0018]).
Claim 11. Kim et al. discloses that the microcontroller may count the puff number of the user according to a signal input from the puff sensor while the portable aerosol generator is used, add the puff number to the puff number stored in the identifier when the use of the portable aerosol generator is finished, and store the resulting puff number in the identifier. The microcontroller may recognize the identifier, and control the battery to cut off power supplied to the heating part, when the puff number exceeds a preset puff number (defined number of times) ([0017]-[0019]).
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.
Claims 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2022/0400772) in view of Bouchuiguir (US 2023/0025261).
Claims 4 and 12. Kim et al. discloses the device of claim 1 and the method of claim 9 but does not explicitly disclose that the controller is further configured to change at least some of the data stored in the memory to dummy data, based on the number of times the puff is detected exceeding the defined number of times.
Bouchuiguir discloses a method on authenticating a consumable for use with an aerosol generating device (Abstract). The consumable ID is read by the e-cig 100 to determine if the cartridge 201b is authentic, and uses it to activate or unlock the e-cig 100 for use. Once data has been read, the consumable ID stored on the e-cig 100 may deleted or made invalid (dummy data) so that it can only be used once. In this way an unauthorised party is blocked from subsequently using the pack to store consumables that are not necessarily authorized or safe, reducing the possibility of counterfeiting ([0072]).
It would have been obvious to one of ordinary skill in the art before the effective filing date that the controller of Kim et al. be configured to make the consumable ID stored on the e-cig 100 invalid (dummy data), as taught by Bouchuiguir, once the puff number exceeds a preset puff number (defined number of times) (Kim [0017]-[0019]) so that the cartridge can no longer be used.
Claims 5 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2022/0400772) in view of Cristian et al. (US 2023/0292847).
Claims 5 and 13. Kim et al. discloses the device of claim 1 and the method of claim 9 wherein the heater module 230 and the liquid cartridge 220 may be detachably connected by a coupling means 235. When the heater module 230 is fit into the main body 210, with the liquid cartridge 220 coupled to the heater module 230, the identifier 231 of the heater module 230 is electrically connected to the microcontroller 211 by a coupling terminal 234 ([0022]; Figure 4).
Kim et al. does not explicitly disclose that the controller is further configured to access the data stored in the memory using the connecting terminal using a one-wire communication interface.
Cristian et al. discloses control circuitry for an aerosol-generating device. A companion device 300 comprises a communication arrangement 308 with one or more communications interfaces 310 for communicatively coupling the companion device 300 with the aerosol-generating device 100. A port 309, such as a one-wire MT communication port (referred to as “MTRTX” port), may be used for coupling the control circuitry 302 to the multiplexer 307 ([0196]-[0198]).
It would have been obvious to one of ordinary skill in the art before the effective filing date that the connecting terminal of Kim et al. may be a one-wire MT communication port as taught by Cristian et al. because selection of a known material/component based on its suitability for its intended use supports a prima facie obviousness determination (See MPEP §2144.07).
Claims 6, 7, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2022/0400772) in view of Chu (US 2018/0060873).
Claims 6, 7, and 14. Kim et al. discloses the device of claim 1 and the method of claim 9 but does not explicitly disclose that the controller is further configured to: decrypt the data stored in the memory based on an encryption key; and determine that the defined requirements are satisfied based on the decrypted data (claim 6/14); the controller is further configured to determine that the defined requirements are not satisfied, based on at least some of the data stored in the memory not being able to be decrypted (claim 7); and the controller is further configured to: encrypt data related to the number of times the puff detected by the puff sensor based on an encryption key; and update the data stored in the memory to include the encrypted data (claim 8/15).
Chu discloses an electronic atomizer capable of detecting a counterfeit liquid container (Abstract). The liquid container is configured to contain liquid to be atomized, and comprises an identification code carrier and an atomizing component ([0006]). The power supply module includes a control chip, the identifying device generates an indicative signal after identifying the identification code carrier, and after the power supply module and the liquid container have been electrically coupled with each other, the control chip according to the indicative signal determines whether the power supply module provides power to the atomizing component ([0007]). The identifying device includes a public key corresponding to a private key of the identification code carrier, and the identifying device is configured to decrypt the identification code carrier according to the public key, in order to identify a serial number stored in the identification code carrier ([0008]). Preferably, the identification code carrier is an encryption chip ([0009]). The step of identifying the identification code carrier, further includes: decrypting, by the identifying device, an identification code of the identification code carrier according to a public key; when decryption fails, determining the liquid container with the identification code to be a counterfeit product and generating the indicative signal indicative of a counterfeit product; and when decryption succeeds, obtaining a serial number of the liquid container and generating the indicative signal indicative of a genuine product ([0013]). When decryption of the encrypted content fails, the atomizing component is burnt to disable the atomizing component and prevent atomization of the fluid ([0015]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the anti-counterfeiting system of Chu in the device and method of Kim et al. in order to prevent use of counterfeit E-liquids products that do not have good quality control and which mislead the consumer by masquerading as other reputable E-liquid brands. When these counterfeit E-liquids are atomized for vaping, the steam produced often contains harmful chemical components which harm the user's body when inhaled ([0004]).
Claims 8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2022/0400772) in view of Thomas et al. (US 2022/0256930).
Claims 8 and 15. Kim et al. discloses the device of claim 1 and the method of claim 9 but does not explicitly disclose wherein the controller is further configured to: encrypt data related to the number of times the puff detected by the puff sensor based on an encryption key; and update the data stored in the memory to include the encrypted data.
Thomas et al. discloses a smoking substitute device wherein data, which may be a (current) power supply or battery level, a puff count or a lock status of the smoking substitute device, is encrypted. Encrypted data may be sent from the smoking substitute device to the mobile device. The mobile phone may then send this data to the application server in the backend. There, the data is decrypted and processed before being sent back to the mobile phone, either encrypted or non-encrypted ([0245]-[0247]).
It would have been obvious to one of ordinary skill in the art before the effective filing date to encrypt the puff sensor data of Kim et al., as is taught by Thomas et al., so that on authorized users are able to access the puff sensor data.
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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