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 .
Information Disclosure Statement
The information disclosure statement filed on 10/24/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Note: The copy for the foreign reference WO2020/020955 A2 was not found in the application wrapper. However, Examiner was able to view the reference using Google Patents. Therefore, all the references cited on the IDS were found and considered. Applicant is suggested to submit a legible copy for the foreign reference WO2020/020955 A2 to comply with 37 CFR 1.98(a)(2).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
In claims 16-22,25 and 27 the generic placeholder, “control module” is recited followed by functional limitation without reciting any structure to perform the functional limitation. For support, examiner looked into page 11, 4th paragraph and page 14, 1st paragraph of the specification where it is recited that the control module comprises control circuitry which comprise one more processors or microprocessor for data processing and memory. Therefore sufficient support for the above recited generic placeholder is found in the specification.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 16-29 are rejected under 35 U.S.C. 103 as being unpatentable over Hepworth et al. (US 20240206550 A1) and Murison et al. (US 20230180826 A1).
Regarding claim 16 Hepworth et al. teaches, an apparatus comprising a control module for a modular aerosol generating device (aerosol generating device selectively connected to control module, [0025]), the control module comprising:
a first connector (first connection interface with pair of connectors, [0042] and [0109]) configured to removably operably couple a module of a first type to the control module (first module releasably connected to the control module, [0025] and [0031]); and
a second connector (first connection interface with pair of connectors, [0042] and [0109]) configured to removably operably couple a module of a second type to the control module (second module releasably connected to the control module, [0025] and [0042]),
wherein the control module is further configured to control the module of the first type, and the module of the second type, when coupled to the control module (“…The control circuitry 204 of the control module 200 is arranged to be able to identify what configuration of modules is connected to the control module 200 in order to ensure that the correct heating control parameters (e.g. wattage, temperature, time etc.) are applied in respect of each module...”, [0104] that is based on the identified type of first and second module, the control module controls the first and second modules.).
Hepworth et al. does not teach wherein the control module is further configured to authenticate the module of the first type or the module of the second type coupled to the control module.
Murison et al. teaches, wherein the control module is further configured to authenticate the module of the first type or the module of the second type coupled to the control module (when the modules/cartridges are connected to the controller, the controller reads the serial number on each of the cartridges to ensure no counterfeit or contaminated cartridges are used that is the controller authenticates the connected cartridges, [0099] and [0130]).
Hepworth et al. and Murison et al. are analogous art because they are from the same field of endeavor that is modular e-cigarette or vaping system.
Therefore it would have been obvious before the effective filing date of the claimed invention to a person of ordinary skill in the art to modify the control module for a modular aerosol generating device having first and second control module coupled to the control module by applying the known technique of authenticating the modules when coupled to the control module as taught by Murison et al. to yield predictable results of ensuring the coupled modules are not counterfeit or have any other issues as taught by Murison et al. in [0099].
Hepworth et al. teach:
[0025] Advantageously, and as will be explained in more detail below, the control module 200 is arranged so that a user can configure the aerosol generating device 100 by selectively connecting to the control module 200 different configurations of modules of the first module type and modules of the second module type.
[0109] Each module further comprises a pair of connectors (P3′) (P4′), for examples, finger sprung connectors at its base end, a first electrical path L1′ between the first annular electrical contact (P1′)and a first one of the connectors (P3′), and a second electrical path L2′ between the second annular electrical contact (P2′) and a second one of the connectors (P4′).
Murison et al. teach:
[0099] Each capsule1 includes an authentication chip that is programmed with data such as the data of filling, batch number of e-liquid, source of e-liquid, tax or duty paid etc. Hence, if a specific batch of e-liquid is found to have contamination, then all cases in the world can be sent a message identifying those contaminated batches. The case, which checks the e-liquid batch number on each cartridge prior to filling from the cartridge, will then not fill from any cartridge with batch numbers matching the list of contaminated batches. Likewise, stolen or counterfeit cartridges, or cartridges for which duty has
not been properly paid, can be identified by the manufacturer and a message sent to all cases to prevent their use. Finally, since use of e-cigarette electronic vaporisers may be unlawful in some places and countries, then the smartphone application, using the location capabilities of its host smartphone, can determine if the device is in a location where electronic vaporiser use is permitted or not and can disable the case and/or PV if appropriate. This can operate at the country level, or right down to specific buildings, airplanes etc.
[0130] Another feature is that each cartridge has its own unique serial number written in a One-Wire flash memory chip or authenticator 32, such as the Maxim DS28E15 security chip. After a cartridge is installed into a case, a microcontroller (MCU) in the case reads its serial number and verifies that its hash-function is valid. If the verification is good, the cartridge will be used to refill the PV. If not, the MCU in the case will block any liquid usage2 from such cartridge.
Regarding claim 17, combination of Hepworth et al. and Murison et al. teach the apparatus according to claim 16. In addition, Hepworth et al. teaches, wherein the control module is further configured to detect a subtype of the module of the first type coupled to the control module and to control the coupled module of the first type based on the detected subtype (the control module identifies what type of module is connected to it such that it can properly apply the controlling parameters such as temperature, wattage etc. to the connected modules based on their identified type. Each different type of modules can use different type of heating element (subtype of the module) which can be identified by the control module such that it can apply the proper controlling parameters to the modules, [0104] and [0105]).
Regarding claim 18, combination of Hepworth et al. and Murison et al. teach the apparatus according to claim 17. In addition, Murison teaches, wherein the control module is further configured to obtain operating instructions for the coupled module of the first type, or for the coupled module of the second type, based on the detected subtype, and to use the obtained operating instructions to control the coupled module3 (when the type of modules or cartridges are identified and authenticated by the electronic cigarette vaporizer system with controller as taught in [0458] and [0463], the controller receives operating instructions from a remote server for operating the cartridges (modules) as taught in [0480] and [0513]).
Regarding claim 19, combination of Hepworth et al. and Murison et al. teach the apparatus according to claim 16. In addition, Murison teaches, wherein the control module is further configured to respond to the coupling of the module of the first type or the module of the second type by obtaining and using subtype-appropriate operating instructions for the coupled module (based on the serial number of the cartridges, when the controller identifies that the connected cartridges are counterfeit or has some other issues, the controller will block the corresponding connected cartridge or module for further use, [0099], [0458] and [0513]).
Regarding claim 20, combination of Hepworth et al. and Munison et al. teach the apparatus according to claim 16. In addition, Murison teaches, wherein the control module is further configured to authenticate the module of the first type or the module of the second type based on one or more credentials provided to the control module or based on one or more certificates provided to the control module (based on the serial number4 of the cartridges/modules, the controller authenticates the connected cartridges or modules, [0099], [0458] and [0513]).
Regarding claim 21, combination of Hepworth et al. and Murison et al. teach the apparatus according to claim 16. In addition, Hepworth et al. teaches, wherein the module of the first type is one of a plurality of interchangeable modules of the first type (different configurations of modules of the first type and the second type5 can be coupled to the control module, [0025] and [0038]), and
wherein the control module is configured to enable a user to reconfigure the modular aerosol generating device by selectively interchanging modules of the first type (the user can configure the aerosol generating device by selectively connecting different type of first and second control modules to the control module such that the control module can apply proper control parameters to the connected first and second modules, [0104]).
Regarding claim 22, combination of Hepworth et al. and Murison et al. teach the apparatus according to claim 16. In addition, Hepworth et al. teaches, wherein at least one of the first connector and the second connector of the control module is configured to form a connector pair with a complementary connector of the module of the first type or with a complementary connector of the module of the second type (each module has 3 connectors through which each module connects to the control module to receive power and operational instructions, [0118],[0120] and [0121]), and the connector pair is configured to enable transfer of both power and data between the control module and the module of the first type or the module of the second type (each of the modules are connected to the control module through connectors through which modules receive power and operational instructions such as temperature of the heater and others, [0104], [0118] and [0120]).
Regarding claim 23, combination of Hepworth et al. and Murison et al. teach the apparatus according to claim 16. In addition, Murison et al. teaches, wherein at least one of the modules comprises an extendable part configured to be movable
between an extended position and a retracted position (the vaporizer/cartridge has a damped spring under tension when the vaporizer is connected to the controller and when the spring is retracted, the vaporizer is lifted that is released, [0346] and [0351]), and
wherein the extendable part is configured to engage another of the modules when in the extended position and to release the other module when in the retracted position6 (when the spring is under tension, the vaporizer with cartridges are connected to the controller and when retracted, the vaporizer is released, [0346] and [0351]).
Regarding claim 24, combination of Hepworth et al. and Murison et al. teach the apparatus according to claim 23. In addition, Murison et al. teaches, wherein the extendable part is configured to be movable from the extended position to the retracted position by compression of a region of a housing of the at least one module comprising the extendable part (the spring is compressed when the vaporizer is connected to the controller and when the spring is retracted, vaporizer is lifted that is released, [0351]).
Regarding claim 25, combination of Hepworth et al. and Murison et al. teach the apparatus according to claim 16. In addition, Hepworth et al. teaches, further comprising the module of the first type and the module of the second type which are couplable to the control module to form a modular aerosol-generating device (aerosol generating device formed by control module selectively connected to different configurations of modules, [0025]).
Regarding claim 26, combination of Hepworth et al. and Murison et al. teach the aerosol generating device according to claim 25. In addition, Hepworth et al. teaches, an aerosol generating system7 comprising: an aerosol generating article (the aerosol generative device has an aerosol generator for generating aerosol, [0028]).
Regarding claim 27 combination of Hepworth et al. and Murison et al. teach the claimed apparatus comprising a modular aerosol generating device. Therefore, together they teach the method implementing the functional steps of the claimed apparatus comprising a modular aerosol generating device as taught above in claim 16.
Regarding claim 28 combination of Hepworth et al. and Murison et al. teach the claimed method controlling a modular aerosol generating device. Therefore, together they teach the computing system implementing the functional steps of the claimed method as taught above in claim 27.
Regarding claim 29, combination of Hepworth et al. and Murison et al. teach the computing system to perform the steps of the method according to claim 27. In addition, Murison et al. teaches, a nontransitory computer-readable medium (memory) having stored thereon instructions that, when executed by a computing system (the memory accessible by the MCU-microcontroller stores data which can be accessed and executed by the microcontroller, [0164] and [0167]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ezeoke et al. (US 20210106774 A1) teaches an electronic aerosol generating system where a control unit is configured to determine during use of the aerosol delivery system, usage characteristics of the aerosol delivery device based on information detected by sensor.
Dagdeviren (US 20200195695 A1) teaches an e-cigarette system having modular cartridge when connected to a controller goes through authentication. If the cartridge passes authentication, the cartridge is used for aerosol generation.
Moloney (US 20240334981 A1) teaches a modular e-cigarette system where the battery and the cartomiser are modular and when connected to the controller there is a spring under compression attaching the cartomiser to the body of the controller of the e-cigarette system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANZUMAN SHARMIN whose telephone number is (571)272-7365. The examiner can normally be reached M and Th 7:00am - 3:00pm and Tue 8:00am-12:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KAMINI SHAH can be reached at (571)272-2279. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANZUMAN SHARMIN/ Examiner, Art Unit 2115
/KAMINI S SHAH/ Supervisory Patent Examiner, Art Unit 2115
1 Each module coupled to the controller or control module in view of Hepworth et al.
2 In response to the identification of the cartridge to be invalid or counterfeit, the controller will block the usage of the cartridge or module by the e-cigarette.
3 Hepworth et al. also teaches in [0104] for controlling the modules based on identified type of modules such as different heating type for the coupled modules.
4 Credentials provided.
5 The modules can have different heating arrangement such as resistive heating, inductive and radiative heating as taught in [0038]. Different types of heating arrangement modules can be attached together at the control module at the same time.
6 Also Hepworth et al. teaches [0109] and [0110], that each of the modules can be connected in a stacked up manner.
7 See also [0297] of Murison et al. which teaches the electronic cigarette system having a vaporizer to generate vapor from e-liquid as taught in [0288].
Prosecution Insights