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
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 (i.e., changing from AIA to pre-AIA ) 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 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.
Claim(s) 1-2 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Anderson (US-20210011446-A1).
Regarding claim 1, Anderson teaches an aerosol generating device comprising:
a heater configured to heat an aerosol generating substance according to power supplied to the heater; (Paragraph 50, "For example, when a vaporizer includes a cartridge (such as the cartridge 114), the cartridge 114 may include one or more reservoirs 120 of and/or for vaporizable material. Any appropriate vaporizable material may be contained within the reservoir 120 of the cartridge 114, including solutions of nicotine or other organic materials." Paragraph 52, " A processor of the controller 105 may include circuitry to control operation of a heater 118, which can optionally include one or more heating elements for vaporizing a vaporizable material contained within the cartridge 114, for example within a reservoir or container that is part of the cartridge 114. " Paragraph 56, "… energy from the power source 103 to the heater 118. …" Paragraph 59, " The vaporizer 200 may also include one or more outputs 215 and one or more inputs 217 with sensors 237. In addition, the vaporizer 200 may include one or more heaters 218 that heat an oven 220 or other heating chamber. The heater 218 may be controlled using the resistance of the heater 218 to determine the temperature of the heater, e.g., by using the temperature coefficient of resistivity for the heater. A mouthpiece 244 may also be included." The aerosol generating substance is interpreted as the material in the reservoir of the cartridge. The heater is interpreted as heater 118, which heats the substance using power supplied to it.)
a communication interface; (paragraph 62, "In general, as illustrated schematically in FIG. 5, a vaporizer 100, 200 may remotely communicate with a remote server 307 and/or a digital device 305 such as a wearable electronics device (e.g., Google Glass, smartwatch, smartwear, etc.) and/or a smartphone, smartwatch, etc. Thus, a vaporizer may include a communications interface (wireless circuitry 107, 207) that may be implemented through a communication chip (e.g., second communication hardware) in or on the vaporizer. ")
and a controller configured to: (Paragraph 52, "A processor of the controller 105 may include circuitry to control operation of a heater 118, which can optionally include one or more heating elements for vaporizing a vaporizable material contained within the cartridge 114, for example within a reservoir or container that is part of the cartridge 114.").
identify whether authentication for a user is completed or is not completed (Paragraph 95, "A vaporizer may be configured to switch to a locked or “further authentication required” mode after a period of inactivity exceeding some preset (or, optionally, a user configurable) threshold amount of time. In some examples, this locked mode may be or include a “sleep mode” when there is no usage detected for a predetermined and/or preset period of time. In some implementations of the current subject matter, as a prerequisite for the vaporizer to be activated, and thereby be capable of being used for the purpose of generating vapor, the user must be authenticated to ensure that the device is being utilized by an intended user" Paragraph 97, "The disabling and/or locking of the vaporizer may be based on authentication and/or age verification of a user. … In some aspects, the device can be configured to ignore pressure sensor readings and/or other indicia of a user puffing on the device. The app may be configured to provide a notification indicating that the vaporizer has been operationally disabled and/or locked. Additionally or alternatively, the device may be configured to alert the user that the device is locked (e.g., using one or more LEDs, sound, haptics, etc.) upon determining that the user is trying to puff on the device." The vaporizer determining the locking/disabling of itself is interpreted as it identifying whether authentication for a user is or isn't completed.).
in a state where a communication link is established with an external device through the communication interface; (Paragraph 109, "In response to detecting an attempted inhalation/puff on a locked vaporizer device, the vaporizer device may be configured to display a “locked” LED indication, block airflow, and/or provide another indication that the device is locked. In some aspects, locking the vaporizer device may change the state of a home screen on the user interface such that if the vaporizer device is locked, a “locked” notification is displayed and the user may unlock the vaporizer device from the home screen. The vaporizer device may be configured such that the user may only unlock the vaporizer device via an app logged into that user's account." Paragraph 250, "FIGS. 11A-11B illustrate UI screens that may be used as part of the app interface for finding, pinging, and/or checking a status of the vaporizer. In FIG. 11A, the UI includes a name associated with the vaporizer, a button to locate the vaporizer, and a button to ping the vaporizer. FIG. 11B shows the UI screen of FIG. 11A with an indication that the vaporizer is locked." the vaporizer being configured to provide the locked/disabled indication to the user interface, the user interface being on the external device, is seen as a state where a communication link is established with the external device through the communication interface.)
restrict use of at least one function, including a heating function that permits the power to be supplied the heater, based on the authentication being not completed; (Paragraph 95, "A vaporizer may be configured to switch to a locked or “further authentication required” mode after a period of inactivity exceeding some preset (or, optionally, a user configurable) threshold amount of time. In some examples, this locked mode may be or include a “sleep mode” when there is no usage detected for a predetermined and/or preset period of time. In some implementations of the current subject matter, as a prerequisite for the vaporizer to be activated, and thereby be capable of being used for the purpose of generating vapor, the user must be authenticated to ensure that the device is being utilized by an intended user, and to thereby deter or prevent unauthorized use, or accidental or unintended activation of the device, or use of the device by an individual not of legal age to ingest the active component, including nicotine or cannabis." Paragraph 97, “The app may be configured to disable and/or lock the vaporizer by disabling power to and/or use of a heater element of the vaporizer.”).
and release a restriction on the use of the at least one function, based on the authentication being completed. (Paragraph 95, "In some implementations of the current subject matter, as a prerequisite for the vaporizer to be activated, and thereby be capable of being used for the purpose of generating vapor, the user must be authenticated to ensure that the device is being utilized by an intended user, and to thereby deter or prevent unauthorized use, or accidental or unintended activation of the device, or use of the device by an individual not of legal age to ingest the active component, including nicotine or cannabis." Reactivating the vaporizer is seen as releasing a restriction.).
Regarding claim 2, Anderson teaches the aerosol generating device of claim 1, wherein the controller is further configured to restrict the use of the at least one function, based on the communication link being disconnected. (Paragraph 99, "The app may be configured to disable and/or lock the vaporizer responsive to the vaporizer being outside of the threshold communication range with the user device. For example, if the vaporizer is beyond the communication range of the user device, the vaporizer may be configured to deactivate vaporizer operation such that the vaporizer is inoperable until returning to communication range with the user device." Paragraph 100, "The app running on a user device may be configured to disable and/or lock the vaporizer responsive to location and/or time parameters, such as how long the vaporizer has been out of range of the user device." Paragraph 108, "In other words, FIG. 13F shows a screen view that can indicate that the auto-lock in enabled and that the vaporizer is not within range of the mobile device (and is therefore unusable until communication is reestablished between the mobile device and the vaporizer)." Being beyond the communication range of the user device is interpreted as having a communication link being disconnected, with the vaporizer operations being disabled/restricted.).
Regarding claim 11, Anderson teaches a system comprising:
an aerosol generating device; (The device is interpreted as the device in fig. 1.).
and an external device, (Paragraph 61, “a digital device 305 that wirelessly communicates with the vaporizer 100” the digital device is interpreted as the external device.).
wherein the aerosol generating device comprises a first communication interface configured to perform communication with the external device, (paragraph 62, "In general, as illustrated schematically in FIG. 5, a vaporizer 100, 200 may remotely communicate with a remote server 307 and/or a digital device 305 such as a wearable electronics device (e.g., Google Glass, smartwatch, smartwear, etc.) and/or a smartphone, smartwatch, etc. Thus, a vaporizer may include a communications interface (wireless circuitry 107, 207) that may be implemented through a communication chip (e.g., second communication hardware) in or on the vaporizer. ")
wherein the external device comprises:
a second communication interface configured to perform communication with the aerosol generating device; (Paragraph 161, “For example, at least a portion of the computing apparatus 600 may be included as a portion of … the user device 305,” Paragraph 163, “The computing apparatus 600 may include a network interface 640 to a wired network or a wireless network, such as the network described with reference to FIG. 5. In order to effectuate wireless communications, the network interface 640, for example, may utilize one or more antennas, such as antenna 690.” Paragraph 167, “In some aspects, the authorized user device may activate a NFC tag of the vaporizer 100, 200 and the vaporizer 100, 200 NFC tag may communicate information and/or identification, via the network interface 640 and/or antenna 690 to the user device 305 to enable unlocking of the vaporizer.”).
and a memory, (Paragraph 163, “The computing apparatus 600 may include memory 620 to store executable instructions and/or information. Memory 620 may include solid-state memory, solid-state disk drives, magnetic disk drives, or any other information storage device.”)
and wherein the aerosol generating device is configured to: identify whether authentication for a user is completed or is not completed, (Paragraph 95, "A vaporizer may be configured to switch to a locked or “further authentication required” mode after a period of inactivity exceeding some preset (or, optionally, a user configurable) threshold amount of time. In some examples, this locked mode may be or include a “sleep mode” when there is no usage detected for a predetermined and/or preset period of time. In some implementations of the current subject matter, as a prerequisite for the vaporizer to be activated, and thereby be capable of being used for the purpose of generating vapor, the user must be authenticated to ensure that the device is being utilized by an intended user" Paragraph 97, "The disabling and/or locking of the vaporizer may be based on authentication and/or age verification of a user. … In some aspects, the device can be configured to ignore pressure sensor readings and/or other indicia of a user puffing on the device. The app may be configured to provide a notification indicating that the vaporizer has been operationally disabled and/or locked. Additionally or alternatively, the device may be configured to alert the user that the device is locked (e.g., using one or more LEDs, sound, haptics, etc.) upon determining that the user is trying to puff on the device." The vaporizer determining the locking/disabling of itself is interpreted as it identifying whether authentication for a user is or isn't completed.).
in a state where a communication link is established with the external device through the first communication interface; (Paragraph 109, "In response to detecting an attempted inhalation/puff on a locked vaporizer device, the vaporizer device may be configured to display a “locked” LED indication, block airflow, and/or provide another indication that the device is locked. In some aspects, locking the vaporizer device may change the state of a home screen on the user interface such that if the vaporizer device is locked, a “locked” notification is displayed and the user may unlock the vaporizer device from the home screen. The vaporizer device may be configured such that the user may only unlock the vaporizer device via an app logged into that user's account." Paragraph 250, "FIGS. 11A-11B illustrate UI screens that may be used as part of the app interface for finding, pinging, and/or checking a status of the vaporizer. In FIG. 11A, the UI includes a name associated with the vaporizer, a button to locate the vaporizer, and a button to ping the vaporizer. FIG. 11B shows the UI screen of FIG. 11A with an indication that the vaporizer is locked." the vaporizer being configured to provide the locked/disabled indication to the user interface, the user interface being on the external device, is seen as a state where a communication link is established with the external device through the communication interface.)
restrict use of at least one function, based on the authentication being not completed; (Paragraph 95, "A vaporizer may be configured to switch to a locked or “further authentication required” mode after a period of inactivity exceeding some preset (or, optionally, a user configurable) threshold amount of time. In some examples, this locked mode may be or include a “sleep mode” when there is no usage detected for a predetermined and/or preset period of time. In some implementations of the current subject matter, as a prerequisite for the vaporizer to be activated, and thereby be capable of being used for the purpose of generating vapor, the user must be authenticated to ensure that the device is being utilized by an intended user, and to thereby deter or prevent unauthorized use, or accidental or unintended activation of the device, or use of the device by an individual not of legal age to ingest the active component, including nicotine or cannabis." ).
and release a restriction on the use of the at least one function, based on the authentication being completed. (Paragraph 95, "In some implementations of the current subject matter, as a prerequisite for the vaporizer to be activated, and thereby be capable of being used for the purpose of generating vapor, the user must be authenticated to ensure that the device is being utilized by an intended user, and to thereby deter or prevent unauthorized use, or accidental or unintended activation of the device, or use of the device by an individual not of legal age to ingest the active component, including nicotine or cannabis.").
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 (i.e., changing from AIA to pre-AIA ) 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, 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 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(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US-20210011446-A1) in view of Kirkeby (US-20210312033-A1).
Regarding claim 3, Anderson teaches the aerosol generating device of claim 1. Anderson teaches further comprising a memory configured to store data regarding … authentication … (Paragraph 233, "The third authentication may include a multi-step authentication process where after the user enters its information (e.g., contact information), the retailer, manufacturer, or the like sends a code to the user (e.g., via the application, text message, email message, or the like) for the user to enter before the purchase can be completed. If the user enters the correct code, the sale may be authorized, if not, the sale transaction may be terminated. In some implementations, the information the user uses can be stored to create a user profile, if not created during the first or second authentications. The user profile can be stored at the vaporizer, the application, a server, or other computing device.")
However, Anderson does not explicitly teach … store data regarding the authentication, wherein the controller is further configured to: receive from the external device, through the communication interface, an identifier corresponding to the external device; and determine whether the authentication is completed based on whether data corresponding to the identifier is stored in the memory.
Kirkeby teaches a system that will … store data regarding the authentication (Paragraph 13, “If the authentication server determines that the transmitted device identifier does not match any of the at least one device identifier stored in the at least one authentication table, the authentication server transmits an error message to the user application” the authentication table is interpreted as storing data regarding the authentication.).
wherein the controller is further configured to: receive from the external device, through the communication interface, an identifier corresponding to the external device; (Paragraph 32, "In at least one embodiment, upon the user application 32 receiving the data set and the device identifier 44 (along with the MAC, where applicable), the user application 32 transmits the data set and the device identifier 44 (along with the MAC, where applicable) to the authentication server 24 (412)." The device identity is interpreted as an identifier corresponding to the external device.).
and determine whether the authentication is completed based on whether data corresponding to the identifier is stored in the memory. (Paragraph 13, "If the authentication server determines that the transmitted device identifier does not match any of the at least one device identifier stored in the at least one authentication table, the authentication server transmits an error message to the user application. Otherwise, if the authentication server locates the transmitted device identifier in the at least one authentication table, the authentication server obtains from the authentication table the device key associated with the transmitted device identifier and attempts to process the data set." Paragraph 32, "the authentication server 24 accesses the authentication table 54 based on the transmitted device identifier 44. In embodiments where the transmitted device identifier 44 was encrypted by the authentication device 28 (as discussed above), the authentication server 24 first decrypts the device identifier 44. If the device identifier 44 is not found in the authentication table 54 (414), the authentication server 24 transmits an error message to the user application 32 (416)—indicating that the device identifier 44 does not exist in the system 20—which is then presented to the user via the display screen 36 of the user device 26 (or via audible cues, tactile cues, or any other form of feedback, now known or later developed in at least one further embodiment).").
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify Anderson’s vaporizer system with Kirkeby by enhancing Anderson’s vape unlocking system to ensure that the device it is receiving an unlock/authentication transmission from is a trustworthy device, by making sure the authentication transmission it receives contains an identifier that the device previously registered with before permitting authentication, this identifier stored in a secure location, as taught by Kirkeby. The motivation is to prevent other devices from sending fake unlock requests to the vaporizer, making sure that trustworthy registered devices are the only ones that can unlock it.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US-20210011446-A1) in view of Kirkeby (US-20210312033-A1), in further view of Saito (US-20170171188-A1).
Regarding claim 4, Anderson in view of Kirkeby teaches the aerosol generating device of claim 3. However, Anderson in view of Kirkeby does not teach wherein the controller is further configured to store the data corresponding to the identifier in the memory, and based on the data regarding the authentication being received from the external device through the communication link.
Saito teaches wherein the controller is further configured to store the data corresponding to the identifier in the memory (Paragraph 55, "The following describes an exemplary access log by referring to the example of FIG. 4. An access log is information on access associated with login to the server 2, and is stored in the storage unit 17. Every time the server 2 is logged in to, the server 2 adds log items related to login (log related to one access) to the access log." Paragraph 56, "The access log in the example of FIG. 4 includes items of ID, password, date and time of login, login result, reminder function, and access-source IP address. IP means Internet Protocol." The access log is interpreted as the storing of data corresponding to the identifier in the memory, the identifier being the ID.).
based on the data regarding the authentication being received from the external device through the communication link. (Paragraph 38, "As illustrated in the example of FIG. 2, a server 2 includes a communication unit 11, a control unit 12, an authentication unit 13, a detection unit 14, a reminder function unit 15, a report unit 16, and a storage unit 17. The communication unit 11 communicates with clients 3 over the network 4." Paragraph 39, "The control unit 12 performs various types of controls of the server 2. According to whether an ID and password included in an authentication request received from a client are authentic, the authentication unit 13 conducts authentication for the authentication request." Paragraph 58, "As described above, authentication is conducted according to whether an authentic account ID and password stored in the storage unit 17 match an ID and password included in an authentication request." Paragraph 59, "As described above, authentication succeeds when both an ID and password included in an authentication request match an authentic account ID and password stored in the storage unit 17. In such a case, the login result of the access log indicates success." the authentication request is interpreted as the data received from the external device through the communication link from the client device.).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify Anderson in view of Kirkeby’s vaporizer system with Saito by enhancing Anderson in view of Kirkeby’s authentication system to include a logging mechanism for authentication attempts, where the device stores information such as times and identifiers in authentication requests, as taught by Saito. The motivation is to provide a way to check which users and devices are attempting to use the vaporizer device and at what times, giving a user a way to respond to the situation of an unauthorized user attempting to use their vaporizer, especially important in the case of unauthorized children attempting to use the device.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US-20210011446-A1) in view of Wang (CN-207924848-U), in further view of Galie (US-20180259285-A1).
Regarding claim 5, Anderson teaches the aerosol generating device of claim 1. Anderson teaches further comprising [functionality] configured to generate vibration, wherein the controller is further configured to, (Paragraph 157, "In addition, the app may allow the user to cause the vaporizer to vibrate, flash and/or emit sound(s) as an alarm, including for helping to locate a misplaced apparatus.")
… cause the [functionality] to generate the vibration in response to a search request received from the external device through the communication link. (Paragraph 88, "For example, applications (“apps”) may be executed on a processor of a portable and/or wearable user device, including smartphones, tablets, smartwatches, personal data assistants, and the like, which are referred to generally herein as user devices (e.g., user device 305 in FIG. 3) that is part of a vaporizer system. " Paragraph 157, "A vaporizer and/or a device that is part of a vaporizer system may use received signal strength indicator (rssi) to help a user locate a lost vaporizer. In addition, the app may allow the user to cause the vaporizer to vibrate, flash and/or emit sound(s) as an alarm, including for helping to locate a misplaced apparatus. For example, a temperature change, vibration or flash lights may also be the indicator of whether the vaporizer is hiding nearby. In some implementations, the vaporizer may also help locate a misplaced phone when connected via changing LED colors depending on the distance between the vaporizer and the phone." The vaporizer vibrates in response to the phone telling it to through the application on it, it is interpreted as a search request.).
However, Anderson does not teach … comprising a motor … and in a state where the authentication is completed, cause the motor to generate the vibration …
Wang teaches … comprising a motor ... (Page 3, last paragraph, "Specifically, the anti-lost device comprises a Bluetooth connection module, a processor, and a power management module, a vibrator, a large volume signal sounding apparatus and a battery;").
… cause the motor to generate the vibration… (Page 4, Paragraph 3, "In addition, the vibrator is configured to heartbeat signals between the anti-lost device with the electronic mobile device when the processor detects the Bluetooth BLE signal attenuation degree or detection, the processor controls the vibrator performs a vibration alarm operation, wherein the vibrator is a vibrating motor.").
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify Anderson’s vaporizer system with Wang by enhancing Anderson’s vaporizer to include a motor inside of it dedicated to vibrate in the case of getting lost, as taught by Wang. The motivation is that motors are powerful devices that cause physical motion, making it so that the the lost vaporizer device would perform physical rattling to help find it, which would make it more noticeable in search operations.
However, Anderson in view of Wang does not teach in a state where the authentication is completed, … [then allow the transmission of commands to the device]
Galie teaches in a state where the authentication is completed, … [then allow the transmission of commands to the device] (Paragraph 170, "The cellphone microprocessor runs a local software application or “app” comprising program instructions or control logic that allows adjustment of the trigger release profile. Two application screens which may be presented to the user on the cellphone visual touchscreen are shown in FIG. 10A as examples. When the trigger profile setting software application is launched, a first security access screen 373 may be presented which prompts the user to enter a preselected personal identification number (PIN) in a similar manner to the security PIN required by the cellphone to change some of its core user settings. The user is then presented with a second trigger settings screen 374 containing input fields such as active icons, adjustment sliders, or other type input fields. This the user to select/enter the desired trigger breakpoint or breakover setpoint force (“Trigger Force” icon) for energizing the actuator 350 and/or timing for energizing the actuator based instead on trigger displacement (“Displacement” icon) depending on which type sensor is used. Alternatively, both type sensors may be used in some embodiments. These input fields provide the user interface which allow adjustment of the trigger force-displacement curve (FIG. 10B) to suit the user's preferences. In one embodiment, an active trigger release profile may be displayed in screen 374 which changes in real-time to reflect the corresponding settings for the setpoint and timing being input by the user. The external electronic device 372 then wirelessly communicates the selected changed trigger settings to the microcontroller 200 which becomes programmed with the trigger parameters entered in the cellphone trigger software application. Once the setting are complete, the user may close the trigger software application on the cellphone." The authentication being completed is interpreted as when the PIN is entered on the application, and it allows the user to configure some core user settings.).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify Anderson in view of Wang’s vaporizer system with Galie by enhancing Anderson in view of Wang’s application that instructs the vaporizer device to vibrate to have an authentication step required prior to transmitting any instructions towards the device, as taught by Galie. The motivation is to make sure an unauthenticated and unidentified user is not permitted to have the vaporizer do anything whatsoever, where in the case of allowing an unauthenticated user to locate the vaporizer via vibration, the vaporizer could get stolen.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US-20210011446-A1) in view of Galie (US-20180259285-A1).
Regarding claim 6, Anderson teaches the aerosol generating device of claim 1. Anderson teaches wherein the controller is further configured to, … update setting information for the aerosol generating device, based on data regarding a setting received from the external device through the communication link. (Paragraph 92, "In some implementations of the current subject matter, a vaporizer may be connected to (e.g., in communication with) an additional (e.g., portable, wearable, smartphone, desktop, laptop, etc.) device, which may enable user programmable dose control, real-time usage monitoring, personalized use settings, device lockout and social features." Paragraph 146, "The vaporizer may be configured to receive vaporizer settings from the user via the app. Vaporizer settings may include changing the vaporizer name. The user account may be configured to store the vaporizer settings of a user, such that if the user logs into the user account on a new user device, the user's previous settings may be preserved. Vaporizer settings preserved by the user account may include brightness, lock state, low battery alert, vaporizer name, and/or other settings.").
However, Anderson does not explicitly teach in a state where the authentication is completed, update setting information for … [the device]
Galie teaches in a state where the authentication is completed, update setting information for … [the device] (Paragraph 170, "The cellphone microprocessor runs a local software application or “app” comprising program instructions or control logic that allows adjustment of the trigger release profile. Two application screens which may be presented to the user on the cellphone visual touchscreen are shown in FIG. 10A as examples. When the trigger profile setting software application is launched, a first security access screen 373 may be presented which prompts the user to enter a preselected personal identification number (PIN) in a similar manner to the security PIN required by the cellphone to change some of its core user settings. The user is then presented with a second trigger settings screen 374 containing input fields such as active icons, adjustment sliders, or other type input fields. This the user to select/enter the desired trigger breakpoint or breakover setpoint force (“Trigger Force” icon) for energizing the actuator 350 and/or timing for energizing the actuator based instead on trigger displacement (“Displacement” icon) depending on which type sensor is used. Alternatively, both type sensors may be used in some embodiments. These input fields provide the user interface which allow adjustment of the trigger force-displacement curve (FIG. 10B) to suit the user's preferences. In one embodiment, an active trigger release profile may be displayed in screen 374 which changes in real-time to reflect the corresponding settings for the setpoint and timing being input by the user. The external electronic device 372 then wirelessly communicates the selected changed trigger settings to the microcontroller 200 which becomes programmed with the trigger parameters entered in the cellphone trigger software application. Once the setting are complete, the user may close the trigger software application on the cellphone." The authentication being completed is interpreted as when the PIN is entered on the application, and it allows the user to configure some core user settings.).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify Anderson’s vaporizer system with Galie by enhancing Anderson’s application that instructs the vaporizer device to vibrate to have an authentication step required prior to transmitting any instructions towards the device, as taught by Galie. The motivation is to make sure an unauthenticated and unidentified user is not permitted to have the vaporizer do anything whatsoever, where the case of having an unauthenticated user push setting changes to the vaporizer could be catastrophic to restricting the device’s access, for example by reducing the restrictions on use.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US-20210011446-A1) in view of Hung (US-20210243601-A1).
Regarding claim 7, Anderson teaches the aerosol generating device of claim 1. However, Anderson does not teach wherein the controller is further configured to, in a state where the authentication is completed, cause the communication interface to transmit data regarding an event to the external device, based on an occurrence of the event in association with an operation.
Hung teaches in a state where the authentication is completed, cause the communication interface to transmit data regarding an event to the external device, based on an occurrence of the event in association with an operation. (Paragraph 54, "Taking an embodiment as an example, one or more external Bluetooth devices can be the authentication modules, and a general smart phone having an application program (APP) installed therein can be the processing module. When the external Bluetooth device successfully authenticates the mobile device 20, the external Bluetooth device sends an authentication success event to the APP of the smart phone. When the external Bluetooth device fails to authenticate the mobile device 20, the external Bluetooth device sends an authentication failure event to the APP of the smart phone. When receiving the authentication success event or the authentication failure event generated by the external Bluetooth device as the authentication module, the smart phone as the processing module correspondingly generates a home event message or a leave event message and sends the home event message or the leave event message to the at least one event execution unit 11." The authentication success event is interpreted as event being transmitted in a state authentication is completed, where the operation was the authentication operation.).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify Anderson’s vaporizer system with Hung by enhancing Anderson’s authentication system to provide a notification of a successful authentication/connection upon after completing authentication, as taught by Hung. The motivation is to provide a clear indication to the vaporizer’s owner that the device has successfully authenticated, giving them the clear signal they don’t have to authenticate again, and they can use their vaporizer.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US-20210011446-A1) in view of Anh ("Over-the-Air Firmware Update for Bluetooth Low Energy Devices" September 30, 2019), in further view of Galie (US-20180259285-A1), in further view of Cipriani ("How to update your Apple Watch to Watch OS 2" September 21, 2015).
Anderson teaches the aerosol generating device of claim 1. Anderson teaches further comprising:
a display; (Paragraph 54, "A vaporizer consistent with implementations of the current subject matter may also include one or more outputs 115. Outputs 115 as used herein can refer to any of optical (e.g., LEDs, displays, etc.), tactile (e.g., vibrational, etc.), or sonic (e.g., piezoelectric, etc.) feedback components, or the like, or some combination thereof." the output is interpreted as a display.)
and a touch panel configured to receive a user input, (Paragraph 53, "A vaporizer 100 consistent with implementations of the current subject matter may also include one or more inputs 117, such as buttons, dials, or the like, and/or sensors 137, including accelerometers or other motion sensors, capacitive sensors, flow sensors, or the like. These sensors 137 may be used by the vaporizer 100 to detect user handling and interaction." The input is interpreted as a touch panel.)
wherein the controller is further configured to: … control the communication interface to … [perform a software update] (Paragraph 138, "The vaporizer may be configured such that responsive to the firmware (main/running image) of the vaporizer being overwritten/updated, the vaporizer may not function normally (e.g., may not produce vapor). A static LED pattern (or other indication) may be provided to alert the user that the vaporizer is undergoing an update. In some embodiments, basic vaporizer function may be suspended responsive to firmware being loaded to microcontroller memory. A static LED pattern (or other indication) may be displayable in the updating state to alert the user that the vaporizer is functioning and updating firmware.").
in response to receiving the user input for executing the specific function among the at least one function; (Paragraph 89, "User interfaces may be deployed on a user device and may aid the user in operating the vaporizer. For example, the user interface operating on a user device may include icons and text elements that may inform the user of various ways that vaporizer settings can be adjusted or configured by the user. … Icons and/or text elements may be provided to allow a user to update internal software (a.k.a., firmware) in the vaporizer. …").
and cause the [aerosol device] to display [an indication] corresponding to the specific function … (Paragraph 129, "The vaporizer may be configured such that counterfeit vaporizers may not be able to connect to the app and/or Cloud during the initial pairing process to a user device. The app may be configured to verify that the vaporizer is not a counterfeit device prior to allowing the device to be linked to a user account and/or providing any app services (such as firmware updates)." Paragraph 155, "As mentioned herein, the app may also provide firmware updates to the vaporizer." Paragraph 138, "The vaporizer may be configured such that responsive to the firmware (main/running image) of the vaporizer being overwritten/updated, the vaporizer may not function normally (e.g., may not produce vapor). A static LED pattern (or other indication) may be provided to alert the user that the vaporizer is undergoing an update. In some embodiments, basic vaporizer function may be suspended responsive to firmware being loaded to microcontroller memory. A static LED pattern (or other indication) may be displayable in the updating state to alert the user that the vaporizer is functioning and updating firmware." the application is interpreted as a component of the external device, it is interpreted that the data corresponding to updates is received by the application. The indication is interpreted as the displayable indication on the vaporizer that notifies the user the vaporizer is updating.).
However, Anderson does not teach in a state where the authentication is completed, control the communication interface to send a request to the external device to transmit data corresponding to a specific function … and cause the display to display a screen corresponding to the specific function, based on the data corresponding to the specific function being received from the external device through the communication link.
Anh teaches a system that will … control the communication interface to send a request to the external device to transmit data corresponding to a specific function (Page 15, "As can be seen from Figure 8 above, the update process consists of four phases. Firstly, the server notifies the client that new firmware exists. Secondly, the server and the client start a negotiation on the latest firmware image properties. After that, the server transmits the image block by block while the client stores them to a temporary storage. Finally, the server and the client agree on when to start the upgrading." Fig. 8 shows the upgrade client performing an image block/page request. )
[performing the update] … based on the data corresponding to the specific function being received from the external device through the communication link. (Page 9, "The thesis work focuses on the implementation of the device firmware update strategy for BLE-enabled devices. In the end, users can update new firmware for their devices through a mobile application on both Android and iOS phones." Page 14, "Depending on the requirements of the application, one must adapt the existing standard to develop a reliable way of updating device firmware. For example, if the device is a smartwatch, the users' phone can transfer the data through short-range radios such as BLE.").
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify Anderson’s vaporizer system with Anh by enhancing Anderson’s phone to be the one that provides the update to the secondary device, with the secondary device being the one to request the update when it is ready to, as taught by Anh. The motivation is to reduce the complexity of the vaporizer device’s design, since internet connectivity with the vaporizer could pose security risks, over the simplicity of an OTA connection with a phone to update the device, having the vaporizer be the one to initiate the update since pushing the update without a confirmation by the vaporizer could cause data corruption in the update by virtue of the vaporizer not being ready to update.
However, Anderson in view of Anh does not teach in a state where the authentication is completed … and cause the display to display a screen corresponding to the specific function, based on the data corresponding to the specific function being received from the external device through the communication link.
Galie teaches in a state where the authentication is completed, … [then allow the transmission of commands to the device] (Paragraph 170, "The cellphone microprocessor runs a local software application or “app” comprising program instructions or control logic that allows adjustment of the trigger release profile. Two application screens which may be presented to the user on the cellphone visual touchscreen are shown in FIG. 10A as examples. When the trigger profile setting software application is launched, a first security access screen 373 may be presented which prompts the user to enter a preselected personal identification number (PIN) in a similar manner to the security PIN required by the cellphone to change some of its core user settings. The user is then presented with a second trigger settings screen 374 containing input fields such as active icons, adjustment sliders, or other type input fields. This the user to select/enter the desired trigger breakpoint or breakover setpoint force (“Trigger Force” icon) for energizing the actuator 350 and/or timing for energizing the actuator based instead on trigger displacement (“Displacement” icon) depending on which type sensor is used. Alternatively, both type sensors may be used in some embodiments. These input fields provide the user interface which allow adjustment of the trigger force-displacement curve (FIG. 10B) to suit the user's preferences. In one embodiment, an active trigger release profile may be displayed in screen 374 which changes in real-time to reflect the corresponding settings for the setpoint and timing being input by the user. The external electronic device 372 then wirelessly communicates the selected changed trigger settings to the microcontroller 200 which becomes programmed with the trigger parameters entered in the cellphone trigger software application. Once the setting are complete, the user may close the trigger software application on the cellphone." The authentication being completed is interpreted as when the PIN is entered on the application, and it allows the user to configure some core user settings.).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify Anderson in view of Anh’s vaporizer system with Galie by enhancing Anderson in view of Anh’s application that instructs the vaporizer device to vibrate to have an authentication step required prior to transmitting any instructions towards the device, as taught by Galie. The motivation is to make sure an unauthenticated and unidentified user is not permitted to have the vaporizer do anything whatsoever, where the case of having an unauthenticated user push setting changes to the vaporizer could be catastrophic to restricting the device’s access, for example by reducing the restrictions on use.
However, Anderson in view of Anh, in further view of Galie does not teach a system that will cause the display to display a screen corresponding to the specific function, based on the data corresponding to the specific function being received from the external device through the communication link.
Cipriani teaches a system that will cause the display to display a screen corresponding to the specific function, based on the data corresponding to the specific function being received from the external device through the communication link. (Page 3 "Once the update is found, tap on Download and Install and follow the prompts. As previously stated, you can download the update to your phone should you not have access to a cable right away. Then when you do have access, simply go back to this screen and tap the Install button. After the update is downloaded, place your watch on the charger and let the iPhone and Apple Watch do its magic. From the time I approved the installation until it was finished was roughly 15 minutes. Most of that time the watch displayed the Apple logo, with a lined progress circle filling the screen. It rebooted a couple of times, with the progress indicator resting each time." the lined progress circle on the apple watch's display is interpreted as displaying a screen corresponding to the specific function of updating, where the update is being received from the iphone.).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify Anderson in view of Anh, in further view of Galie’s vaporizer system with Cipriani by enhancing Anderson in view of Anh, in further view of Galie’s vaporizer device to have a display that indicates a progress bar on the update of the device, as taught by Cipriani. The motivation is to provide the vaporizer’s user a detailed progress status that is continuously updated until the update is over, it overall gives the user an exact progress to watch until their vaporizer can be used again.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US-20210011446-A1) in view of Miyazawa (US-20160295034-A1).
Anderson teaches the aerosol generating device of claim 1. Anderson teaches further comprising:
a display, (Paragraph 54, "A vaporizer consistent with implementations of the current subject matter may also include one or more outputs 115. Outputs 115 as used herein can refer to any of optical (e.g., LEDs, displays, etc.), tactile (e.g., vibrational, etc.), or sonic (e.g., piezoelectric, etc.) feedback components, or the like, or some combination thereof." the output is interpreted as a display.)
wherein the controller is further configured to … cause the [vaporizer to indicate information] corresponding to a notification … (Paragraph 97, "Additionally or alternatively, the device may be configured to alert the user that the device is locked (e.g., using one or more LEDs, sound, haptics, etc.) upon determining that the user is trying to puff on the device.").
However, Anderson does not teach in a state where the authentication is completed, cause the display to display a screen corresponding to a notification, based on data regarding the notification being received from the external device through the communication link.
Miyazawa teaches in a state where the authentication is completed, (Paragraph 94, "Also in S19 the control program 35 of the multifunction peripheral 10A receives the consent confirmation information from the server 50 via the network I/F 25. The process performed by the multifunction peripheral 10A to receive consent confirmation information is an example of the notification receiving process. In S20 the control program 35 executes an output controlling process in response to receipt of the consent confirmation information. The output controlling process is a process in which the control program 35 outputs the notification image specified by the notification data received from the server 50 at a suitable timing and according to a suitable method. This output controlling process will be described next with reference to FIG. 6." Paragraph 99, "When the control program 35 determines that the user is logged in with the administrative account (S32: YES), in S33 the control program 35 controls an output unit to output the notification image indicated by the received notification data. The control program 35 also executes the process of S33 when determining in S31 that an administrative account is not registered (S31: NO). The process of S33 is an example of the notification outputting process." The account being logged in is interpreted as an authenticated state. It is also interpreted that the output controlling process controls the display to be shown.).
cause the display to display a screen corresponding to a notification, (Paragraph 103, "Note that the control program 35 displays a consent confirmation screen on the display 23 in the notification outputting process performed on the consent confirmation information. FIG. 8B shows an example of the consent confirmation screen. The consent confirmation screen in FIG. 8B includes the message “Would you like to send device data collected on your multifunction peripheral to the server?” and the icons “YES” and “NO.” The control program 35 receives a user operation via the user I/F 24 when the user taps on a position of one of the icons in the consent confirmation screen." The yes/no icons are interpreted as preset responses to the notification of data collection consent.).
based on data regarding the notification being received from the external device through the communication link. (Paragraph 93, "In S19 the control program 65 transmits consent confirmation information to the multifunction peripheral 10A via the network I/F 55. Consent confirmation information is information instructing the multifunction peripheral 10A to execute the consent confirming process. In other words, the consent confirmation information is an example of notification data for querying the administrator of the multifunction peripheral 10A whether to permit the transmission of device data collected by the multifunction peripheral 10A in order to transmit notification data.").
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify Anderson’s vaporizer system with Miyazawa by enhancing Anderson’s vaporizer display system include data analytic requests prompts given to it by another device along with a way to respond to them, the user being authenticated, as taught by Miyazawa. The motivation is to give the user a more secure and convenient way to provide their preferences to certain actions regarding the vaporizer, where in the case of data collection, it is useful to simply provide a data analytics request prompt on the screen of the vaporizer itself so that the user does not have to take their phone out of their pocket, a simple yes or no preset response communicated by the vaporizer permitting the action or not to the device instead.
Regarding claim 10, Anderson teaches the aerosol generating device of claim 1. Anderson teaches further comprising:
a display; (Paragraph 54, "A vaporizer consistent with implementations of the current subject matter may also include one or more outputs 115. Outputs 115 as used herein can refer to any of optical (e.g., LEDs, displays, etc.), tactile (e.g., vibrational, etc.), or sonic (e.g., piezoelectric, etc.) feedback components, or the like, or some combination thereof." the output is interpreted as a display.)
and a touch panel configured to receive a user input, wherein the controller is further configured to: (Paragraph 53, "A vaporizer 100 consistent with implementations of the current subject matter may also include one or more inputs 117, such as buttons, dials, or the like, and/or sensors 137, including accelerometers or other motion sensors, capacitive sensors, flow sensors, or the like. These sensors 137 may be used by the vaporizer 100 to detect user handling and interaction." The input is interpreted as a touch panel.).
However, Anderson does not teach in a state where the authentication is completed, cause the display to display a screen corresponding to at least one preset response to a notification, based on data regarding the notification being received from the external device through the communication link; and control the communication interface to transmit data regarding a selected response to the external device, based on a user input selecting one of the at least one preset response through the touch panel.
Miyazawa teaches in a state where the authentication is completed, (Paragraph 94, "Also in S19 the control program 35 of the multifunction peripheral 10A receives the consent confirmation information from the server 50 via the network I/F 25. The process performed by the multifunction peripheral 10A to receive consent confirmation information is an example of the notification receiving process. In S20 the control program 35 executes an output controlling process in response to receipt of the consent confirmation information. The output controlling process is a process in which the control program 35 outputs the notification image specified by the notification data received from the server 50 at a suitable timing and according to a suitable method. This output controlling process will be described next with reference to FIG. 6." Paragraph 99, "When the control program 35 determines that the user is logged in with the administrative account (S32: YES), in S33 the control program 35 controls an output unit to output the notification image indicated by the received notification data. The control program 35 also executes the process of S33 when determining in S31 that an administrative account is not registered (S31: NO). The process of S33 is an example of the notification outputting process." The account being logged in is interpreted as an authenticated state. It is also interpreted that the output controlling process controls the display to be shown.).
cause the display to display a screen corresponding to at least one preset response to a notification, (Paragraph 103, "Note that the control program 35 displays a consent confirmation screen on the display 23 in the notification outputting process performed on the consent confirmation information. FIG. 8B shows an example of the consent confirmation screen. The consent confirmation screen in FIG. 8B includes the message “Would you like to send device data collected on your multifunction peripheral to the server?” and the icons “YES” and “NO.” The control program 35 receives a user operation via the user I/F 24 when the user taps on a position of one of the icons in the consent confirmation screen." The yes/no icons are interpreted as preset responses to the notification of data collection consent.).
based on data regarding the notification being received from the external device through the communication link; (Paragraph 93, "In S19 the control program 65 transmits consent confirmation information to the multifunction peripheral 10A via the network I/F 55. Consent confirmation information is information instructing the multifunction peripheral 10A to execute the consent confirming process. In other words, the consent confirmation information is an example of notification data for querying the administrator of the multifunction peripheral 10A whether to permit the transmission of device data collected by the multifunction peripheral 10A in order to transmit notification data.").
and control the communication interface to transmit data regarding a selected response to the external device, based on a user input selecting one of the at least one preset response through the touch panel. (Paragraph 47, "The network I/F 25 is an interface for communicating with external devices via the communication network. For example, the multifunction peripheral 10 can output various information to the server 50 via the network I/F 25, and can receive various data or various information from the server 50 via the network I/F 25. " Paragraph 105, "Returning to FIG. 5, when the user taps on the display 23 at a position corresponding to the “YES” icon in the consent confirmation screen in S21, in S22 the control program 35 transmits consent information to the server 50 via the network I/F 25. Consent information specifies that the administrator of the multifunction peripheral 10A has permitted the collection of device data. The consent information also includes the printer ID “MFP-A” of the multifunction peripheral 10A.").
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify Anderson’s vaporizer system with Miyazawa by enhancing Anderson’s vaporizer display system include data analytic requests prompts given to it by another device along with a way to respond to them, the user being authenticated, as taught by Miyazawa. The motivation is to give the user a more secure and convenient way to provide their preferences to certain actions regarding the vaporizer, where in the case of data collection, it is useful to simply provide a data analytics request prompt on the screen of the vaporizer itself so that the user does not have to take their phone out of their pocket, a simple yes or no preset response communicated by the vaporizer permitting the action or not to the device instead.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Anderson (US-20210011446-A1) in view of Keen (US-20210350374-A1).
Regarding claim 12, Anderson teaches the system of claim 11. Anderson does not teach wherein the external device is configured to, store data corresponding to a location of the external device in the memory, based on a communication link to the aerosol generating device being disconnected.
Keen teaches wherein the external device is configured to, store data corresponding to a location of the external device in the memory, (Paragraph 59, "Further, once a connection has been established between the personal computing device 320 and the reduced-risk device 310, the personal computing device 320 may store location information related to the personal computing device 320 and/or the reduced-risk device 310 … at the time when the connection is disconnected. The location information may be obtained from the GPS sensor 590 (and/or other location sensor) included in the reduced-risk device 310, the GPS sensor 460 (and/or other location sensor) included in the personal computing device 320, and/or may be determined based on other information associated with the reduced-risk device 310 and/or the personal computing device 320, such as location information lookup based on the IP address of the personal computing device 320, WiFi fingerprint analysis of the WiFi signals detected by the personal computing device 320, cellular triangulation of the personal computing device 320, etc. Once the location information has been obtained, the location information may be stored in the RRD profile information 425 of the memory 420 of the personal computing device 320. " The device 320 is interpreted as the external device. It is interpreted the location stored corresponds to a location of the external device.).
based on a communication link to the aerosol generating device being disconnected. (Paragraph 59, "Further, once a connection has been established between the personal computing device 320 and the reduced-risk device 310, the personal computing device 320 may store location information related to the personal computing device 320 and/or the reduced-risk device 310 … at the time when the connection is disconnected. " The storing of location information when the connection is disconnected is interpreted as storing the location information in memory based on the disconnection.).
Before the effective filing date of the invention, it would have been obvious to one of ordinary skill in the art to modify Anderson’s vaporizer system with Keen by enhancing Anderson’s phone to include a location tracking system that stores the last time the vaporizer device was connected to the phone when there is a disconnection, as taught by Keen. The motivation is to make sure the most recent time the devices were paired together/in the range of each other is recorded into the system for the purpose of finding it in the future if it turns out the device was lost.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD H RASUL whose telephone number is (571)272-4613. The examiner can normally be reached Monday - Friday 6:30 A.M.- 5:00 P.M. E.D.T..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rupal Dharia can be reached at 571-272-3880. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.H.R./Examiner, Art Unit 2492 /RUPAL DHARIA/Supervisory Patent Examiner, Art Unit 2492
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