DETAILED ACTION
This action is responsive to the Application filed 7/08/2024.
Per a preliminary amendment, claims 1-20 have been cancelled and claims 20-32 added. Claims 20-32 are submitted for prosecution on merits.
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.
Claims 21-26, 29-32 is/are rejected under § 35 U.S.C. 103 as being unpatentable over Liu, USPubN: 2016/0285983 (herein Liu) in view of Dorron et al, KR 20160060006, (translation) 05-27-2016, 21 pgs (herein Dorron) and LaMothe, USPubN: 2014/0107815 (herein LaMothe) further in view of Espinoza et al, USPubN: 2017/0083921 (herein Espinoza) and Bitran et al, USPubN: 2017/0039886 (herein Bitran)
As per claim 21, Liu discloses a data exchange system comprising:
a computing device (mobile terminal - para 0116; user terminal 102 - Figure 1; user terminal 202 – Figure 2; electronic cigarette – claim 10, pg. 11); a database (para 0011, 0048, para 0072-0075, 0086; smoking-related data into a database – claim 10, pg. 11); and an electronic smoking device (electronic cigarette 101, 201 – Figures 1, 2; electronic cigarette – para 0116) comprising identifying data (para 0054, 0124, 0220; claim 7, pg. 10-11),
wherein the electronic smoking device is configured to transfer (claim 1, pg. 10 - Note1: cigarette device transfer of smoking-related data – para 0220; identification - claims 15-16 - pg. 11; number of times – para 0029, 0054 –- via a user terminal to a service platform which stores the smoking-related data to a database – para 0072 - with identification of the user - and user name – para 0080- reads on smoking device configure to transfer identification data as user record to a database) the identifying data (e.g. para 0124; smoking-related data comprises … identifications – claim 6, pg. 10; transmit the smoking-related data to … service platform … storing the smoking-related data into a database – claim 10, pg. 11) to the database, and
wherein the database is configured to: receive the identifying data, generate a user record (para 0080) based on the identifying data, store the user record (see smoking-related data, and user smoking frequency and user name and age – para 0080- from above; para 0072-0075, 0086; smoking-related data into a database – claim 10, pg. 11);
and push personalized services (para 0006, 0062, 0113, 0209) to improve usage experience of the user.
Liu does not explicitly disclose
(i) smoking device comprising firmware and database is configured to provide the firmware update to the electronic smoking device via the computing device
(ii) database configured to determine a firmware update is required for the electronic smoking device based on the user record and a date of purchase of the electronic smoking device As for (i)
Dorron discloses an electronic cigarette server acting as content server (pg. 9) within a marketing network using wireless connection between said cigarette server (and its attached database), a smartphone and the electronic cigarettes whose controller operates with firmware (pg.7), where the database attached to this cigarette server maintains information provided by the latter from the electronic cigarettes and provides suggestion/marketing data (bottom pg. 8) via the content server back to the electronic cigarettes, including notification of marketing proposals/events (pg. 16-17) as well as firmware updates to be conveyed via user of the smartphone (pg. 11); hence database operating via a server to store social networking or marketing data relating to the electronic cigarettes and to provide firmware updates to electronic cigarettes via intermediary of a smartphone is recognized.
Lamothe discloses marketing communication (para 0044) and provision of electronically augmented container (EAC – para 0048) similar to fluid evaporation devices such as smart electronic cigarettes or fluid cartridges (Abstract; para 0059) that can execute software (or firmware – para 0055) integrated with the OS in those containers, using a EAC technology and interfaces thereof (para 0047-0048) configured to communicate with different fluid vaporization devices so that corresponding EAC firmware (para 0085) can be distributed/propagated or downloaded via an intermediary server(para 0059) or a mobile device (para 0056) to those EAC devices while leveraging marketing network to offer discount to users for their next purchase of their fluid evaporation devices (para 0065)
As for (ii)
Espinoza discloses maintenance of user electronic consumer products in database (para 0029) for user posting (Fig. 3) and reviewing, whereby manufacturer information (Fig. 1) linkage under the DB maintenance enables the manufacturer to use for promoting product development and marketing (para 0031), and accordingly to notify or remind relevant users based on tracking of important dates associated with the user purchase profile or dates of purchase (para 0026; Fig. 5, 7) including notification prompting the user to push software for the user portable device (pg. 6) in relevance to a maintenance schedule or periodic checkup (para 0027; Fig. 8) for the consumer product. Hence pushing software update to a user consumer device based on automated SW tracking of purchase dates recorded with the user purchase profile maintained with a consumer electronic product DB is recognized.
Further, Bitran discloses personal assistant framework (Fig. 1) to push notifications from query database according to which, contact information and social type data of a user, commerce transaction activities, purchase/medical history (usage data from an electronic inhaler device, time and date of purchase - para 0013) are secured and queried to support recommendation by the framework, the database to maintain healthcare-related data or user medical history – e.g. over conditions related to tabaco or drug (para 0016); where the user profile can include purchase history and location history (para 0021), the recommendation engine of the framework operable of proffering updates to state of the user electronic medical record such as actual update to the inhaler device associated with medical conditions of the user or his medical profile (para 0017); hence update process made via consulting a history/profile database so to recommend update to a inhaler device of a user entails configuration software using recorded content of a database to determine need for a software update to the electronic smoking/inhaling device based on user record or DB that maintains information like date of purchase of the electronic consumer device like that of an electronic inhaler or EAC as described in Lamothe (para 0077) is recognized.
Therefore, as consumer inhalers or smoking devices operate with firmware as set forth above (see Dorron and Lamothe), and in light of the teachings by Espinoza and Bitran, software associated with a database configured to determine whether a firmware update is required for the electronic smoking device based on the user record and a date of purchase of the electronic smoking device is recognized
Thus, based on effect of pushing personalized services using information stored on database in Liu, it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to implement database associated with consumer devices like a electronic smoking devices in Liu system, so that the database operates with configuration or tracking SW database to track user profile thereby
1) to provide firmware update to the electronic smoking device as via intermediary of the computing device or mobile terminal as set forth in Dorron, notably when software of the smoking device is essentially firmware as per Durron and Lamothe; and
2) to determine if/when one such firmware update is required for the electronic smoking device based on the user record and a date of purchase of the electronic smoking device – as set forth with the teachings by Espinoza and Bitran from above; because
Consumer or users of personal electronic devices most often got lost when it comes to consumption history, accurate transaction timeframe or purchase dates and my providing a database engine that maintains and tracks this specific information profiling a user based on the input of the user as set forth in Espinoza, proper internal detection by a snooping database software can identify time line, expiration date for a particular purchase by the user as well as a critically approaching end time or warranty expiration for update support of that product to be honored, and by using tracking software as set forth above using a DB in regard to the user profile, purchase or usage history maintained thereon, possible notification or recommendation can be timely send out to prompt a given user to consider features upgrade, accept awards or additional enhancement to his product, including software update to boost the user’s consumer electronic device functionality notably when the time of purchase recorded for the device strongly suggest a dire need for update, and in using this database integrated tracker/software to propose update to underlying software of the electronic product (e.g. firmware of a electronic smoking device as per Liu’s method), would not only fulfill obligation or business underwriting set between the electronic product purchase, its vendor and the underlying manufacturer but would also mitigate cost of the user in timely assisting the user with proposal/option to extend usability of his/her purchase product beyond a known time period; e.g. firmware update made to controller of the user’s personal inhaler or electronic cigarette as per Liu system based on history or longevity of the purchase.
As per claims 22-23, Liu discloses data exchange system of claim 21,
wherein the identifying data comprises a serial number (para 0080) of the electronic smoking device.
wherein the identifying data further comprises at least one of a calibration parameter (number of times that the user smokes by using a taste of tabaco – para 0029; number of times that the user smokes – para 0054, 0124, 0220; rule, relationship - para 0098-0099; preset reporting condition – para 0229, 0251), a batch code, a date (para 0084), a line number, or a barcode.
As per claim 24, Liu discloses data exchange system of claim 21, wherein the database is further configured to
provide marketing information (to improve usage experience of the user) to the second processor (terminal 402 - para 0209; terminal 402 - para 0248) based on the user record.
As per claim 25, Liu discloses data exchange system of claim 24, wherein the marketing information comprises at least one of the following: a coupon, a rebate, an advertisement (para 0113; 0155, 0209) an offer, a deal, a name of a vendor (information about nearby electronic cigarette shops – para 0248), a location of the vendor, an inventory of the vendor, an electronic purchase order, or an electronic payment.
As per claim 26, Liu discloses data exchange system of claim 21 further comprising a communication network, wherein the database (para 0048) is further configured to receive (Figure 1; step 206, 207 – Figure 3) the identifying data or the user data (smoking-related data … transmitted by the user terminal – claim 10 pg. 11; table named user, name and age – para 0080) via the communication network (communication system – claim 10, pg. 11).
As per claim 29, Liu discloses data exchange system of claim 21, wherein the computing device comprises a personal computer or mobile device (Liu: mobile terminal – para 0104-0105; 0127, 0140; refer to rationale A with the teachings by Dorren and Lamothe).
As per claim 30, Liu discloses data exchange system of claim 21, wherein the database is further configured to provide marketing information comprising at least one of a location of a vendor (para 0248; nearby electronic cigarette shops – para 0155) or an inventory of the vendor to the computing device based on the user record.
As per claim 31, Liu discloses data exchange system of claim 21, wherein the usage data further comprises at least one of a number of puffs (para 0029, 0054; number of times that the user smokes – para 0220; frequency for the user smoking – para 0229) taken on the electronic smoking device, an average length of puffs taken on the electronic smoking device, or a location of the electronic smoking device (electronic cigarette shops – para 0155).
As per claim 32, Liu discloses data exchange system of claim 31, wherein the electronic smoking device further comprises an airflow sensor (para 0215-0217) configured to act as a puff detector.
Claims 27 is/are rejected under § 35 U.S.C. 103 as being unpatentable over Liu, USPubN: 2016/0285983 (herein Liu) in view of Dorron et al, KR 20160060006, (translation) 05-27-2016, 21 pgs (herein Dorron) and LaMothe, USPubN: 2014/0107815 (herein LaMothe) further in view of Espinoza et al, USPubN: 2017/0083921 (herein Espinoza) and Bitran et al, USPubN: 2017/0039886 (herein Bitran) and further of Alarcon et al, USPubN: 2015/0100441 (herein Alarcon)
As per claim 27, Liu discloses data exchange system of claim 21, wherein the database is further configured to:
receive usage data from the electronic smoking device (para 0102), and generate the user record (para 0080) based on the identifying data (refer to claim 22) and the usage data (usage habits, smoking frequency may be collected – para 0102).
Liu does not explicitly disclose wherein the usage data comprises at least one of a smoke juice level of the electronic smoking device and a smoke juice flavor
Alarcon discloses e-cigarettes and personal vaporizes with a embodiment of inhalers that vaporize or atomize juice into a mist to be delivered to the user, called smoke juice (para 0021) or cartridge thereof that is to be recharged when expiration date thereof has passed (para 0023), where a communication personal device is used to receive communicated marketing information or coupons from retailing services, based on profile information of the user stored on a vendor site that includes serial number, barcode, age of the pack since manufacturing, battery life, number of cartridge remaining, smoke juice level, juice flavors etc. (para 0028; claim 5 pg. 5)
Therefore, as principle of a smoking device include a atomizer (para 0218-0219) it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to implement various tastes (para 0124, 0220) of a smoking experience in Liu system so that the various tasting include vaporization of juice fluid by way of atomization of smoke juice levels or juice flavors as set forth in Alarcon; because
juice-based (smoke juice) inhaler as a form of personal alternative to electronic cigarettes can be provide different liquid taste, flavor or levels to eCigarette or “personal vaporizer” users to experiment, enriching this aerosol consumption with more options or alternatives for the consumers to enjoy while averting by-products associated with the conventional cigarettes combustion.
Claims 28 is/are rejected under § 35 U.S.C. 103 as being unpatentable over Liu, USPubN: 2016/0285983 (herein Liu) in view of Dorron et al, KR 20160060006, (translation) 05-27-2016, 21 pgs (herein Dorron) and LaMothe, USPubN: 2014/0107815 (herein LaMothe) further in view of Espinoza et al, USPubN: 2017/0083921 (herein Espinoza) and Bitran et al, USPubN: 2017/0039886 (herein Bitran) and further of Alarcon et al, USPubN: 2015/0100441 (herein Alarcon) and Cohen et al, USPubN: 2014/0378790 (herein Cohen)
As per claim 28, Liu does not explicitly disclose data exchange system of claim 27 further comprising a charger, wherein the computing device is configured to receive the usage data from the electronic smoking device via the charger.
Cohen discloses a tabaco product system having an electronic cigarette, a battery, a atomizer and electronic circuitry and memory for tracking usage activity and means of memory transfer, charging as well as a charger base station as a means for receiving data from the tobacco product, activation software and transmitting data to a third party, all of which keyed to said charger base capable of interfacing with an external device which comprises a computer or a smart phone (para 0146; para 0252-0256)
Thus, based on communication between a electronic cigarette and a user mobile device (para 0067, 0127, 0159) as set forth in Liu, it would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to implement the electronic cigarette device in Liu so that communication with the external device is supported by a charger base built with the electronic cigarette system as in Cohen, the charger station as a means by which information can be passed, received from and exchanged with the external device such a smartphone; because
this particular charger module acts as a link adapted with a smart, dual functionality that behaves as a mini wireless communication path to receive information or transmit out information (e.g. from external mobile devices) as well as a modernized USB interface through which data or power charge can be transferred into the e-cigarette as though a conventional wired path has been provided for such transfer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tuan A Vu whose telephone number is (571) 272-3735. The examiner can normally be reached on 8AM-4:30PM/Mon-Fri.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Chat Do can be reached on (571)272-3721.
The fax phone number for the organization where this application or proceeding is assigned is (571) 273-3735 ( for non-official correspondence - please consult Examiner before using) or 571-273-8300 ( for official correspondence) or redirected to customer service at 571-272-3609.
Any inquiry of a general nature or relating to the status of this application should be directed to the TC 2100 Group receptionist: 571-272-2100.
/Tuan A Vu/
Primary Examiner, Art Unit 2193
June 24, 2026
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