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(s) Status
Claims 20-33 and 35-49 have been canceled. Claims 1-19 and 34 are currently pending.
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.
Claim(s) 1-19 & 34 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. In particular, claim 1 recites the term “non-combustible provision system” however it is unclear what corresponds to term. According to applicant’s specification, in ¶2-11, a non-combustible provision system may be vamping device, an electronic cigarette or a tobacco heating system, or a hybrid system to generate aerosol for of a user. Therefore, the examiner will interpret the term to mean a device that enables a user to inhale a product similar to smoke produced by tobacco products. Claims 2-16 have the same issue due to dependency.Furthermore, claims 17 and 34 have similar issues as claim 1 and therefore are indefinite. Consequently, claims 18-19 are indefinite due to their dependency on claim 17. In particular, claim 3 recites “the operational range”. There is insufficient antecedent basis for this limitation. In particular, claim 5: 1) recites “wherein the indication comprises information indicating that a other non-combustible aerosol provision system that is within the operational range of the wireless communication system or is within a particular range of the non-combustible aerosol provision system, is the another non-combustible aerosol provision system” however it is unclear if the other non-combustible aerosol provision system corresponds to other non-combustible aerosol provision system introduced in lines 2-3 or the another-combustible aerosol provision system of claim 1. Further clarification is required. 2) Recites “the operational range”. There is insufficient antecedent basis for this limitation. In particular, claim 13 recites “the personal area network technology”. There is insufficient antecedent basis for this limitation.
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) 1-5, 7-9, 17, 19 & 34 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lui (US 20170048691 A1). 1) Regarding claims 1 and 34, Liu discloses a non-combustible aerosol provision system (abstract; Figs. 1-6) comprising: a data system (¶¶33-44; Fig. 9 with regard to the control module of an electronic cigarette which stores electronic cigarette type ID, brand model, smoke liquid taste and electronic cigarette manufacture into a table and provides the information as broadcast information to another nearby electronic cigarette) configured to store operational data relating to an operational state of the non-combustible aerosol provision system (¶¶26, 31-44, with regard to the indicated type of cigarette operating on the same smoke liquid taste which can be interpreted as providing a same smoke liquid taste operational state) and to store received operational data relating to an operational state of another non-combustible aerosol provision system (¶¶33-44 with regard to the nearby electronic cigarette comprising the same components and capability of the transmitting electronic cigarette (Fig. 6) being configured to receive the broadcasted information and perform identification analysis of the broadcasted information to determine if the transmitting electronic cigarette is the same type of electronic cigarette of receiving electronic cigarette and if so a vibration alert is provided to both electronic cigarettes and also the receiving electronic cigarette writes the cigarette ID of the transmitting electronic cigarette if the ID has not been previously stored locally, hence if a same type of: model, smoke liquid taste, manufacturer is determined to be the same the indication and storing function occurs, which reads on the limitation); a wireless communication system configured to receive (Fig. 6: wireless communication module), from another non-combustible aerosol provision system using a connectionless data channel (¶141 with regard to the “wifi module, a Bluetooth module, etc., or a module for radio-frequency communication using frequencies such as 315 MHz, 433 MHz, or 900 MHz”), operational data relating to an operational state of the another non-combustible aerosol provision system (¶33-44; Figs. 1-7); a user interface system (Fig. 6) configured to communicate by a user interface element of the non-combustible aerosol provision system (¶¶33-44; Fig. 6 with regard to the vibration alert module and/or the prompt module), an indication representative of the received operational data relating to an operational state (¶¶26, 31-44, with regard to the indicated type of cigarette operating on the same smoke liquid taste which can be interpreted as providing a same smoke liquid taste operational state) of the another non-combustible aerosol provision system (¶¶33-44 with regard to the nearby electronic cigarette comprising the same components and capability of the transmitting electronic cigarette being configured to receive the broadcasted information and perform identification analysis of the broadcasted information to determine if the transmitting electronic cigarette is same type of electronic cigarette of receiving electronic cigarette and if so a text voice or a vibration alert is provided to both electronic cigarettes). 2) Regarding claim 2, wherein the operational data relating to an operational state of the another non-combustible aerosol provision system comprises one or more selected from the group comprising: information that the another non-combustible aerosol provision system is active; and information identifying a consumable in use by the another non-combustible aerosol provision system (¶27 with regard to the smoke liquid taste). 3) Regarding claim 3, wherein the indication comprises information indicating that the another non-combustible aerosol provision system is within the operational range of the wireless communication system (¶¶40-44, 141 with regard to the received electronic cigarette ID being received within the preset range). 4) Regarding claim 4, wherein the indication comprises information indicating that the another non-combustible aerosol provision system is within a particular range of the non-combustible aerosol provision system (¶¶40-44, 141 with regard to the received electronic cigarette ID being received within the preset range). 5) Regarding claim 5, wherein the indication comprises information indicating that a other non-combustible aerosol provision system that is within the operational range of the wireless communication system or is within a particular range of the non-combustible aerosol provision system, is the another non-combustible aerosol provision system (¶¶40-44, 141 with regard to the received electronic cigarette ID being received within the preset range). 6) Regarding claim 7, wherein the user interface element comprises one or more selected from the group comprising: a display configured to communicate an indication visually, an audio output device configured to communicate an indication audibly, and a haptic device configured to communicate an indication using touch-detectable motion (¶¶31, 33, 131, Fig. 6: prompt device and/or vibration alert module). 7) Regarding claim 8, wherein the user interface system comprises an input element configured to receive a selection input (¶79; Fig. 6 with regard to switch K1 or K2), and the user interface system is further configured to, responsive to a received selection input, communicate a further indication representative of the received operational data relating to an operational state of the another non-combustible aerosol provision system (¶¶79-83). 8) Regarding claim 9, wherein the input element is a button, pressure-sensitive element, touch membrane of a display, and/or a microphone (¶79). 9) Regarding claim 17, a system comprising: a first non-combustible aerosol provision system and a second non-combustible aerosol provision system (¶¶33-44; Figs. 1-6), the first non-combustible aerosol provision system comprising: a first wireless communication system configured to receive (¶33-44 with reference to Fig. 6, with regard to at least two electronic cigarette comprising the same components illustrating in Fig. 6: wireless communication module), from the second non-combustible aerosol provision system using a connectionless data channel (¶141), operational data relating to an operational state of the second non-combustible aerosol provision system (see analysis of the rejection of claim 1 in view of the disclosure of ¶¶26, 31-44, with regard to the indicated type of cigarette operating on the same smoke liquid taste which can be interpreted as providing a same smoke liquid taste operational state); a first data system configured to store the received operational data relating to an operational state of the second non-combustible aerosol provision system (see analysis of the rejection of claim 1 in view of the disclosure of ¶¶33-44); and a first user interface system configured to communicate by a user interface element of the first non-combustible aerosol provision system (see analysis of the rejection of claim 1 in view of the disclosure of ¶¶33-44), an indication representative of the received operational data relating to an operational state of the second non-combustible aerosol provision system (see analysis of the rejection of claim 1 in view of the disclosure of ¶¶33-44); the second non-combustible aerosol provision system comprising: a second wireless communication system configured to receive (¶¶33-44 with reference to Fig. 6, with regard to at least two electronic cigarette comprising the same components illustrating in Fig. 6: wireless communication module), from the first non-combustible aerosol provision system using a connectionless data channel, operational data relating to an operational state of the first non-combustible aerosol provision system (¶¶33-44 with reference to Fig. 6, with regard to at least two electronic cigarette comprising the same components illustrating in Fig. 6: wireless communication module); a second data system configured to store the received operational data relating to an operational state of the second non-combustible aerosol provision system (see analysis of the rejection of claim 1 in view of the disclosure of ¶¶33-44 with reference to Fig. 6, with regard to at least two electronic cigarette comprising the same components illustrating in Fig. 6: with regard to the control module); and the second wireless communication system configured to send, to the first non- combustible aerosol provision system using the connectionless data channel, the operational data relating to an operational state of the second non-combustible aerosol provision system (¶¶33-44). 10) Regarding claim 19, wherein the operational data relating to an operational state of the first and/or second non-combustible aerosol provision system and comprises one or more selected from the group comprising: information that the other of the first and second non-combustible aerosol provision systems is active (Moloney: ¶26); and information identifying a consumable in use by other of the first and second non-combustible aerosol provision systems (see analysis of the rejection of claim 2).
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) 6, 10-16 & 18 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Moloney et al. (“Moloney”, WO 2019129751 A1). 1) Regarding claim 6, further configured to compare the received operational data relating to an operational state of the another non-combustible aerosol provision system to one or more pre-set values, and the user interface system further configured to output one of a plurality of pre-determined outputs depending on the outcome of the comparison. Lui already provides triggered vibration response/alert once broadcasted information is received from another electron cigarette. Moloney discloses, in ¶¶38-41, the concept of communicating (transmitting/receiving) with low energy protocol functions comprising device attributes and associated values and providing triggered response action based on the received attributes between aerosol devices. ¶66-73 discloses that usage characteristics such as “battery properties, aerosol generation properties, aerosol medium properties, aerosol generation event properties, and erroneous or abnormal behaviour properties” of an aerosol provision device can be received and stored in the receiving aerosol device’s memory. Fig. 10 at step s10-3 involves comparing current received data to previously stored data. At the time of filing, it would have been obvious to a person of ordinary skill in the art to incorporate the concept of communicating (transmitting/receiving) with low energy protocol functions comprising device attributes and associated values and providing triggered response action based on the received attributes between aerosol devices and provide corresponding reception triggers, with the motivation to enhance data communication and response features of the system. 2) Regarding claim 10, wherein the wireless communications system is further configured to send operational data relating to an operational state of the non-combustible aerosol provision system to the another non-combustible aerosol provision system. Moloney discloses, in ¶¶38-41, the concept of communicating (transmitting/receiving) with low energy protocol functions comprising device attributes and associated values and providing triggered response action based on the received attributes between aerosol devices. ¶66-73 discloses that usage characteristics such as “battery properties, aerosol generation properties, aerosol medium properties, aerosol generation event properties, and erroneous or abnormal behaviour properties” of an aerosol provision device can be received and stored in the receiving aerosol device’s memory. At the time of filing, it would have been obvious to a person of ordinary skill in the art to incorporate the concept of communicating (transmitting/receiving) with low energy protocol functions comprising device attributes and associated values and providing triggered response action based on the received attributes between aerosol devices, with the motivation to enhance data communication and response features of the system. 3) Regarding claim 11, wherein: the wireless communications system is further configured to receive, from a beacon using a connectionless data channel, data relating to a premises associated with the beacon. Moloney discloses, in ¶80 with reference to Fig. 2, the concept of using a gateway or beacon device to facilitate communication with aerosol devices. ¶¶73 discloses the concept of determining and communicating location data (GPS coordinates ) when transmitting to and/or receiving data. At the time of filing, it would have been obvious to a person of ordinary skill in the art to incorporate the concept of using a gateway or beacon device to facilitate communication with aerosol devices and determining and communicating location data when transmitting to and/or receiving data of the communicating devices, with the motivation to enhance the communication features of the system. As per the limitation, the user interface system is further configured to communicate, by the user interface element, an indication representative of the received data relating to a premises associated with the beacon (Moloney: ¶¶73-74. 4) Regarding claim 12, wherein the wireless communications system is configured to use a personal area network technology to receive data using the connectionless channel. Moloney discloses, in ¶¶3, 22, the concept of enabling aerosol devices to communication in personal area networks (PANs). At the time of filing, it would have been obvious to a person of ordinary skill in the art to incorporate the concept of enabling aerosol devices to communication in personal area networks (PANs), with the motivation to enhance the communication features of the system. 5) Regarding claim 13, with the same motivation to combine the teachings by Moloney in the rejection of claim 12, Lui and Moloney teach wherein the connectionless channel is configured to use pre-pairing advertising packets (Moloney: abstract; ¶¶29, 38-41) of the personal area network technology (Moloney: ¶22). 6) Regarding claim 14, wherein pre-pairing advertising packets comprise: an advertising packet transmitted by the non-combustible aerosol provision system (Moloney: abstract; ¶¶6-7, 29, 38-41; Figs. 1, 5 & 9); and a request packet and/or a response packet transmitted by the another non-combustible aerosol provision system and subsequently received by the non-combustible aerosol provision system (Moloney: abstract; ¶¶6-7, 29, 38-41; Figs. 1, 5 & 9). 7) Regarding claim 15, wherein the wireless communications system is configured to use a wireless network technology to interface to a wireless network, to which both the non- combustible aerosol provision system and the another non-combustible aerosol provision system are connected, and wherein the connectionless channel is configured to use network packets sent over the wireless network to receive the operational data without establishing a network session with the another non-combustible aerosol provision system. Lui system communicates wirelessly, see analysis of the rejection of claim 1. Moloney discloses, in ¶22, the concept of communicating with other aerosol devices via a wireless network to enable data to be transmitted between aerosol devices. At the time of filing, it would have been obvious to a person of ordinary skill in the art to incorporate the concept of communicating with other aerosol devices via a wireless network to enable data to be transmitted between aerosol devices, with the motivation to enhance the communication features of the system. 8) Regarding claim 16, wherein the wireless communications system uses a hub-based approach. Moloney discloses, in ¶80, the concept of using a gateway device (which can be considered a hub device) to facilitate communication between aerosol devices. At the time of filing, it would have been obvious to a person of ordinary skill in the art to incorporate the concept of using a gateway device (which can be considered a hub device) to facilitate communication between aerosol devices, with the motivation to enhance the communication features of the system. 9) Regarding claim 18, with the same motivation to combine the teachings by Moloney in the rejection of claim 12, Lui and Moloney teach wherein: the first data system is further configured to store operational data relating to an operational state of the first non-combustible aerosol provision system (Lui: ¶33-44; Moloney: ¶¶38-41, 66-71; Figs. 9-10); the first wireless communication system is further configured to send, to the second non-combustible aerosol provision system using the connectionless data channel, the operational data relating to an operational state of the first non-combustible aerosol provision system (Lui: ¶¶33-44; Moloney: ¶¶38-41, 66-71); the second wireless communication system is further configured to receive, from the first non-combustible aerosol provision system using the connectionless data channel (Lui: ¶33-44; Moloney: ¶¶38-41, 66-71; Figs. 9-10), the operational data relating to an operational state of the first non-combustible aerosol provision system (Lui: ¶33-44; Moloney: ¶¶38-41, 66-71; Figs. 9-10); and wherein the second non-combustible aerosol provision system further comprises a second user interface system configured to communicate by a user interface element of the second non-combustible aerosol provision system (Lui: ¶33-44; Moloney: ¶¶38-41, 66-71; Figs. 9-10), an indication representative of the received operational data relating to an operational state of the first non-combustible aerosol provision system (Lui: ¶33-44; Moloney: ¶¶38-41, 66-71; Figs. 9-10).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CA 2999709 A1; US 12593877 B2, system enabling communications between a plurality of aerosol devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHICO A FOXX whose telephone number is (571)272-5530. The examiner can normally be reached 9:00 - 6:00 M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached at 571-272-3114. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
CHICO A. FOXX
Primary Examiner
Art Unit 2685
/CHICO A FOXX/Examiner, Art Unit 2685
Prosecution Insights