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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “timer” and/or “clock” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1 is 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 claim 1, the limitation “a usage profile” in line 19, is unclear if it is the same “usage profile” recite din line 7. For examination purposes is considered to be the same.
In claim 1, the limitation “a timer” in line 11, is unclear if it is referring to the “clock” recited in the preamble or if it is another component of the system. For examination purposes, the clock and the timer are considered to be the same.
Allowable Subject Matter
Claim 1 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: Zitzke (US 2017/0079329) teaches a method of operating an electrically operated aerosol generating system (1), the electrically operated aerosol generating system including a storage portion (6) configured to store an aerosol forming substrate (28), an electric heater (22) comprising at least one heating element configured to heat the aerosol forming substrate (para.0031), a sensor (18) configured to detect an activation of the electrically operated aerosol generating system (para. 0030; para. 0033; para. 0037), a clock (40), and electric circuitry (14) connected to the sensor (para. 0030), the method comprising executing a monitoring procedure associated with the electrically operated aerosol generating system to determine a usage profile (low mode, high mode, dormant state) associated with the electrically operated aerosol generating system (para. 0012-0013; para. 0015; para. 0021), the monitoring procedure including, starting a timer (40) to measure a duration of the monitoring procedure (para. 0012; para. 0037-0038), measuring, using the sensor, a usage parameter (duration of an actuation of the puff detector or intervals between puffs) of the electrically operated aerosol generating system (para. 0012-0013; para. 0015; para. 0021; para. 0037-0039; para. 0041), comparing the measured usage parameter to a threshold value (para. 0012-0013; para. 0015; para. 0021; para. 0037-0039; para. 0041), ending the monitoring procedure based on a determination that the measured usage parameter exceeds the threshold value (para. 0012-0013; para. 0015; para. 0021; para. 0037-0039; para. 0041), and determining a usage profile (low mode, high mode, dormant state) of the electrically operated aerosol generating system based on the comparing the duration of the monitoring procedure to a threshold duration (para. 0012-0013; para. 0015; para. 0021; para. 0037-0039; para. 0041), selectively operating the electrically operated aerosol generating system according to a selected operating mode, where the selected operating mode is selected based on the determined usage profile (para. 0012-0013; para. 0015; para. 0021; para. 0037-0039; para. 0041). However, allowable subject matter of claims 1 and 2 is indicated because the prior art of record does not show or fairly suggest a method of operating an electrically operated aerosol generating system, the method comprising executing a monitoring procedure associated with the electrically operated aerosol generating system at different times of day to determine a usage profile associated with the electrically operated aerosol generating system at the different times of day, the monitoring procedure including, for a given time of day, determining a usage profile of the electrically operated aerosol generating system corresponding to the given time of day based on comparing the duration of the monitoring procedure corresponding to the given time of day to a threshold duration; and selectively operating the electrically operated aerosol generating system according to a selected operating mode, where the selected operating mode is selected based on the determined usage profile corresponding to a current time of day as recited in claim 1, or measure a duration of a monitoring procedure executed at a given time of day, determine a usage profile of the system at different times of day based on measuring durations of monitoring procedures executed at the different times of day and comparing the durations corresponding to the different times of day to a threshold, and selectively operate the electrically operated aerosol generating system according to a selected operating mode, the selected operating mode being selected based on a determined usage profile associated with a current time of day as recited in claim 2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2013/0319440, US 2012/0048266 and US 2017/0303597.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBA T ROSARIO-APONTE whose telephone number is (571)272-9325. The examiner can normally be reached M to F; 8am-5pm.
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/ALBA T ROSARIO-APONTE/Examiner, Art Unit 3761 08/17/2026
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
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