DETAILED ACTION
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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 14-15 is/are rejected under 35 U.S.C. 101 because the claims are directed to a ‘apparatus’ (device); however, the server limitation(s) do not include any structural features and/or hardware components comprising the apparatus. Accordingly, the server may be implemented in a ‘software-only’ embodiment, and thus considered non-statutory.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(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) 1-6, 8-11, 14-15 is/are rejected under 35 U.S.C. 102(a)(1) as being disclosed by Juster et al (hereinafter Juster), US Patent Publication 20130340775 A1 (publication date December 2013).
As per claim{s} 1, 14, Juster discloses a method of connecting a user to an extended reality environment for an aerosol inhalation session comprising:
determining a state of an aerosol generating device (Juster: e.g., an application on a Smartphone 702 may be used to determine the ‘status of the components’ of the e-Cig 701 {i.e., battery level, e-Liquid level, LED color, etc.}, which may be displayed on the ‘app’ interface) [0053] (e.g., the app may be used to check on the ‘functionality’ of the e-Cig. {i.e., ascertaining whether the e-Cig is in ‘use’ by a user, such as when the user ‘lights’ the e-Cig for a ‘simulated smoke’, the e-Cig is being ‘held’ by a user in his hand, the e-Cig is in view on the camera of the Augmented Reality [AV] glasses}) [0053; Fig. 7] (e.g., Device Status_910 includes information about the components of the e-Cig {i.e., whether a component is working or ‘malfunctioning’, such as when the battery needs recharging or when the LED is out}) [0062]; and
facilitating connection of the user to the extended reality environment based on the determined state (Juster: e.g., in an alternative embodiment, the smartphone app may allow the user to also ‘light the e-Cig’ for a ‘simulated smoke’, and the simulated smoke may be achieved through ‘augmented reality’. For example, ‘Augmented reality glasses’ may be used for enabling ‘creation of smoke’ from the e-Cig when it is held by hand or on camera of the glasses. The smartphone 702 may include a ‘number of apps’ for communicating and interacting with the e-Cig 701…Further, through the ‘app’, the enhanced controller of the e-Cig 701 may allow for the ‘communication and interaction’ between the Smartphone 702 and the e-Cig 701) [0053-0054; Fig. 7],
Claim(s) 14 recite(s) substantially the same limitations / features as claim 1, is/are distinguishable only by its/their statutory category (apparatus / device), and accordingly rejected on the same basis.
As per claim{s} 2, Juster discloses the method wherein the determination of the state of the aerosol generating device comprises determining that the aerosol generating device is activated (Juster: e.g., Controller 102 may be ‘activated’ due to air flow 108 (from the inhaled air) passing a flow sensor 104. The Sensor 104 may be ‘activated’ by the pressure drop across the sensor and may directly switch the battery 106 power ‘on’, or be used as an input for the Controller 102 that then switches the battery 106 current ‘on’) [0029; Fig. 9].
As per claim{s} 3, Juster discloses the method wherein the determination of the state of the aerosol generating device comprises determining that the aerosol generating device is in a heating mode (Juster: e.g., “smoke” created / produced by the e-Cig is generated by the ‘inhalation’ of the user that turns an e-Liquid 110 into a ‘mist’ when the e-Liquid 110 is ‘heated’ via an electric current flowing through the Heating element 111 and atomizes / evaporates the e-liquid ) [0028; Fig. 1] (e.g., in one embodiment, battery 106 keeps a trickle current on. The trickle current may keep the communication link alive, while the main current for the Heating element 111 is only ‘activated’ by the flow sensor 10’4 ) [0031; Fig. 2].
As per claim{s} 4, Juster discloses the method further comprising determining that the aerosol generating device is an authenticated device and the step of facilitating connection of the user to the extended reality environment is also based on this determination (Juster: e.g., The local communication 804 may be two-way communication between the smartphone 702 and the communication chip 802, and the ‘communication’ may include ‘Security information’_ 902. There may be a ‘passcode’, ‘password’, ‘facial recognition’, or other ‘identifier’ that is ‘required’ to ‘establish a {communication} connection’ between the e-Cig 801 and the smartphone 702..) [0059; Figs. 8-9].
As per claim{s} 5, Juster discloses the method further comprising determining that a consumable of the aerosol generating device is within a predetermined group of authenticated consumables and the step of facilitating connection of the user to the extended reality environment is also based on this determination (Juster: e.g., a User may have a preferred ‘e-Liquid type’) [0063; Figs. 9] (e.g., The ‘local communication’ 804 may be two-way communication between the smartphone 702 and the communication chip 802, and the ‘communication’ may include Security information 902. There may be a ‘passcode’, ‘password’, ‘facial recognition’, or ‘other ‘identifier’ {e-Liquid type} that is ‘required’ to ‘establish a {communication} connection’ between the e-Cig 801 and the smartphone 702..) [0059; Figs. 8-9].
As per claim{s} 6, Juster discloses the method further comprising requesting an access code from a server (Juster: e.g., E-Cig Server_709) [Fig. 7]; receiving the access code and using the access code to access the extended reality environment hosted by the server (Juster: e.g., The local communication 804 may be two-way communication between the smartphone 702 and the communication chip 802, and the ‘communication’ may include Security information 902. There may be a ‘passcode’, ‘password’, ‘facial recognition’, or ‘other ‘identifier’ {server ‘access code’} that is ‘required’ to establish a {communication} ‘connection’ between the e-Cig 801 and the smartphone 702..) [0059; Figs. 8-9].
As per claim{s} 8, Juster discloses the method wherein the user accesses the extended reality environment using an extended reality headset (Juster: e.g., the app may be used to check on the ‘functionality’ of the e-Cig. {i.e., ascertaining whether the e-Cig is in ‘use’ by a user, such as when the user ‘lights’ the e-Cig for a ‘simulated smoke’, the e-Cig is being ‘held’ by a user in his hand, the e-Cig is in view on the camera of the ‘Augmented Reality [AV] glasses’} [extended reality headset] ) [0053; Fig. 7].
As per claim{s} 9, Juster discloses the method further comprising using one or more sensors of the extended reality headset to track the aerosol generating device and/or aerosol that is generated using the aerosol generating device, and simulating the aerosol generating device and/or the aerosol in the extended reality environment (Juster: e.g., the app may be used to check on the ‘functionality’ of the e-Cig. {i.e., ascertaining whether the e-Cig is in ‘use’ by a user, such as when the user ‘lights’ the e-Cig for a ‘simulated smoke’…The ‘simulated smoke’ may be achieved through ‘Augmented Reality’. For example, Augmented Reality [AR] glasses may be used for enabling creation of smoke from the e-Cig when the e-Cig is being ‘held’ by a user in his hand, or when the e-Cig is ‘in view’ on the camera of the ‘Augmented Reality [AV] glasses’} [extended reality headset] ) [0053; Fig. 7].
As per claim{s} 10, Juster discloses the method further comprising permitting interaction between the user and the environment and/or other users, within the extended reality environment (Juster: e.g., In one example, a user may modify settings of the e-Cig 701 from a laptop computer. For example, ‘social networking’ may be used for a user who wishes to limit usage and ‘another user’ (e.g. User device 703 from the User's Social network) may be given remote ‘control’ of the amount and/or frequency that the e-Cig 701 can be used for ) [0057; Fig. 7] (e.g., Although not shown in FIG. 9, the communications with the e-Cig may include ‘social networking’ communications that may include accessing social connections over a network such as the Internet. In one embodiment, the e-Cig server 706 may maintain (e.g. in its database 708) a ‘network of e-Cig Users’. Each user's smartphone allows for ‘social interactions’ between that network of users. A user may receive ‘notifications’ about the activity of others in that user's social network…For example, a user that is ‘smoking’ at a particular location may ‘alert other users’ so that others can join… Likewise, other users' interests/preferences/usage patterns may be ‘shared’ within the social network) [0063; Fig. 9].
As per claim{s} 11, Juster discloses the method further comprising accessing a sub-session of the extended reality environment, wherein the sub-session access is based on one or more of: location, age, gender, aerosol generating device type, consumable type, or
interests (Juster: e.g., In one example, a user may modify settings of the e-Cig 701 from a laptop computer. For example, ‘social networking’ may be used for a user who wishes to limit usage and ‘another user’ (e.g. User device 703 from the User's Social network) may be given remote ‘control’ of the amount and/or frequency that the e-Cig 701 can be used for ) [0057; Fig. 7] (e.g., Although not shown in FIG. 9, the communications with the e-Cig may include ‘social networking’ communications that may include accessing social connections over a network such as the Internet. In one embodiment, the e-Cig server 706 may maintain (e.g. in its database 708) a ‘network of e-Cig Users’. Each user's smartphone allows for ‘social interactions’ between that network of users. A user may receive ‘notifications’ about the activity of others in that user's social network…For example, a user that is ‘smoking’ at a particular location may ‘alert other users’ so that others can join… Likewise, other users' ‘interests / preferences / usage’ patterns may be ‘shared’ within the social network. If there is a User with a similar usage pattern or ‘preferences’ (e.g. ‘e-Liquid type’), that user's preferences may be communicated to similar users for identifying new settings, ‘locations’ for smoking, and/or ‘products’ (e.g. ‘e-Liquid’)) [0063; Fig. 9].
As per claim{s} 15, Juster discloses the method wherein the apparatus comprises an aerosol generating device and/or an electronic communication device (Juster: e.g., E-Cig_701 in communication with Smartphone_702 / User Device 703 and/or E-Cig Server_706 ) [0039; Fig. 7].
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103(a) 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.
Claim(s) 7, 12, 13 is/are rejected under 35 U.S.C. 103 as being disclosed by Juster in view of Janardhan et al (hereinafter Janardhan), US Patent Publication 20190295304 A1 (publication date September 2019).
As per claim{s} 7, Juster discloses substantial features of the invention above, including the recited feature of wherein the electronic communication device communicates with the server to obtain the access code (Juster: e.g., E-Cig Server_709) [0055 & 0059; Figs. 7-9] -- but does not expressly disclose the additional recited feature of the method further comprising pairing the aerosol generating device with an electronic communication device, wherein the step of determining the state of the aerosol generating device occurs after the aerosol generating device is paired with the electronic communication device.
However, in a related endeavor, Janardhan particularly discloses the additional recited feature of the method further comprising pairing the aerosol generating device with an electronic communication device, wherein the step of determining the state of the aerosol generating device occurs after the aerosol generating device is paired with the electronic communication device (Janardhan: e.g., Referring to FIG. 5A, according to some example embodiments, one or more adult vapers may connect or “pair” their e-vaping device 200 with a Simulation device 300 that the adult vaper is wearing and/or otherwise utilizing (in some example embodiments, the connection or ‘pairing’ may be to a ‘smartphone’ that forms part of the simulation device 300, as described above). Once ‘paired’, in operation S501, the Simulation device 300 receives and/or detects drawing information corresponding to the adult vaper's operation of the e-vaping device 200. For example, the e-vaping device 200 may transmit ‘information’ related to the operation of the e-vaping device 200 by the adult vaper, such as the ‘start time of a drawing of vapor’ from the e-vaping device 200, the ‘stop time of a drawing of vapor’ from the e-vaping device 200, the ‘amount of pressure’ exhibited by the drawing operation, the ‘volume of vapor’ flow, etc.,) [0144; Fig. 5a].
It would thus be obvious to one of ordinary skill in the art before the effective date of the invention to modify and/or combine Juster’s invention with the above said additional feature, as expressly disclosed by Janardhan, for the motivation of providing methods, systems, and apparatuses for providing an electronic vaping device (e-vaping device) vapor simulations and/or simulation applications, and/or for providing improved augmented reality (AR) and/or virtual reality (VR) vapor simulation applications for use in conjunction with an electronic vaping device [Janardhan: Abstract, 0001 Figs. 1, 5 & 7a-c].
As per claim{s} 12, Juster discloses substantial features of the invention above but does not expressly disclose the additional recited feature of the method further comprising determining a characteristic of the user during the aerosol inhalation session and adjusting the extended reality environment based on the determined characteristic.
However, in a related endeavor, Janardhan particularly discloses the additional recited feature of the method further comprising determining a characteristic of the user during the aerosol inhalation session and adjusting the extended reality environment based on the determined characteristic (Janardhan: e.g., Further, the real-time ‘head position’ {i.e., spatial information) of the adult Vaper and/or the Simulation device 300 {i.e., the position of the adult vaper's face, the position of the simulation device 300, the field of view, etc.} ‘at the time of the actual {vapor} ejection operation’} is taken into account in the ‘real-time 3D position modeling of the generated vapor particles’ and the ‘real-time simulated location of the generated vapor particles’ are presented in the ‘AR image’. For example, if the adult vaper at the time of the physical vapor ejection operation is ‘looking straight ahead’, but then ‘turns his or her head’ while the ‘vapor cloud is being ejected’, the position of the generated 3D vapor particles in the AR image is ‘updated’ {adjusted} to reflect that some or all of the 3D vapor particles may or may not still be in the adult vaper's field of view. Further, additional data may be collected of the adult vaper's environment, such as real-time camera images and/or real-time sensor readings of the adult vaper's environment (e.g., furniture, physical features, other adult vapers, wind currents, temperature, etc.) and the additional data may be input into the 3D position modeling in the 3D virtual coordinate system of the generated vapor particles and the generated vapor particles may be programmed to simulate interaction with the adult vaper's real-time environment as well {i.e., ‘dispersing around physical objects in the environment’, ‘being affected by wind’ in the environment, ‘simulating additional 3D vapor particles coming from the other adult vapers’, etc.}) [0170; Fig. ] (e.g., step s501: Detect ‘Drawing’ {Vaping / smoking} Information of Vaping Operation from E-Vaping Device & s508: Superimpose and Display the Generated Vapor Particle Model on Real-Time Environment {Image} Data based on Real-Time Spatial Information of the Headset) [0143 & 0168; Fig. 5a].
It would thus be obvious to one of ordinary skill in the art before the effective date of the invention to modify and/or combine Juster’s invention with the above said additional feature, as expressly disclosed by Janardhan, for the motivation of providing methods, systems, and apparatuses for providing an electronic vaping device (e-vaping device) vapor simulations and/or simulation applications, and/or for providing improved augmented reality (AR) and/or virtual reality (VR) vapor simulation applications for use in conjunction with an electronic vaping device [Janardhan: Abstract, 0001 Figs. 1, 5 & 7a-c].
As per claim{s} 13, Juster in view of Janardhan, and Janardhan in particular, discloses the additional recited feature of the method further comprising detecting an input action from the user, and adjusting the extended reality environment based on the detected input action.
However, in a related endeavor, Janardhan particularly discloses the additional recited feature of the method further comprising the additional recited feature of the method further comprising detecting an input action from the user, and adjusting the extended reality environment based on the detected input action (Janardhan: e.g., Referring to FIG. 5A, according to some example embodiments, one or more adult vapers may connect or “pair” their e-vaping device 200 with a simulation device 300 that the adult vaper is wearing and/or otherwise utilizing (in some example embodiments, the connection or pairing may be to a smartphone that forms part of the simulation device 300, as described above). Once paired, in operation S501, the Simulation device 300 receives and/or detects ‘drawing information’ {i.e., the User / Vaper is taking a ‘puff’ or inhaling air in the e-Vaping device 200} corresponding to the adult Vaper's operation of the e-Vaping device 200. For example, the e-vaping device 200 may transmit ‘information’ related to the operation of the e-vaping device 200 by the adult vaper, such as the ‘start time of a drawing of vapor’ from the e-vaping device 200, the ‘stop time’ of a drawing of vapor from the e-vaping device 200, the ‘amount of pressure’ exhibited by the drawing operation, the ‘volume of vapor flow’, etc., using various sensors, e.g., the Puff sensor_16, etc., located on or attached to the e-vaping device 200, and/or from data transmitted by the controller 45 of the e-vaping device 200. Additionally, the Camera 360 of the Simulation device 300 (and/or an external camera connected to the simulation device 300 via a wired and/or wireless connection) may ‘detect’ an Input / Output {i/O} indicator located on the e-vaping device 200, such as the Heater activation light 48, that ‘indicates’ that the adult vaper has ‘engaged the heater’ of the e-vaping device 200 and/or is ‘drawing vapor’ from the e-vaping device 200….Once the drawing information related to the adult vaper's drawing operation has been obtained by the simulation device 300, in operation S502, the Simulation device 300 may determine and/or calculate ‘drawing’ statistics related to the ‘vaping operation’, such as the length of time, ‘volume of vapor’, etc., of the actual vapor drawn by the adult vaper) [0144-0145; Fig. 5a].
The motivation for the combination is the same as that given for claim 7 or 12 above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLENFORD J MADAMBA whose telephone number is (571)272-7989. The examiner can normally be reached on Mondays to Fridays, from 9am to 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Parry, can be reached at telephone number 571-272-7989. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GLENFORD J MADAMBA/Primary Examiner, Art Unit 2451