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 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.
Claim(s) 1,2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shabat (US 2015/0366268) (IDS) in view of Valdez-Gibson (US 10/966,463).
Regarding claims 1 and 2, Shabat discloses a mobile communication terminal (electronic smoking device/ system) (i.e. an electronic smoking system (50) comprises a mobile telephone (52) having a carrying case (152) and an electronic smoking apparatus (100) that fits within the carrying case (title/abstract, fig. 1A and P:0005) comprising: a controller configured to: control the communication circuit to transmit and receive wireless signals (inherent, in mobile telephone, smart phone) (fig. 1a number 52, P:0099-P:100 and/or P:0116), a communication circuit (inherent, in mobile telephone, smart phone) (fig. 1a number 52, P:0099-P:100 and/or P:0115-P:0116), and controlling the atomizer to generate the aerosol (P:0116, fig. 1A numbers 110, 116, 120 and P:0120), a mobile communication device 52 may provide a user interface platform that facilitates the use and control of electronic smoking apparatus 150 and/or cigarette 140 (P:0141 and fig. 1C), the atomizer module 120 provides the smoking functionality of smoking device 110 (fig. 1A number 120 and P:0120), Most preferably fluid housing 122 is a housing provided for receiving a smoking fluid, that may be aerosolized with atomizing wick and electronics 124 to generate smoke (fig. 1A number 120 and P:0120), and a link port (fig. 1 number 142) connected to the electric cigarette (fig. 1C number 140) coupled to the mobile communication device 52 (fig. 1C numbers 52, 140, 142, P:0134, fig. 71 number 140 and P:0176). Shabat further discloses a display (P:0099) and a power supply (fig. 1b number 118). Shabat differs from claim 1 of the present invention in that it does not explicit disclose an aerosol generator sized to receive a stick and being configured to heat the stick to generate an aerosol; a heat pipe shaped to define a vacuumed interior, wherein a fluid is located in the vacuumed interior, a first region of the heat pipe is coupled to a first region of the aerosol generator and wherein the first region is an outer portion of the aerosol generator. Valdez-Gibson teaches an electronic cigarette phone case (abstract and fig. 1), a vapor generator (i.e. battery and chamber via the dotted lines which surround (i.e. outer portion) an e-cigarette, i.e. when powered, the heating element heats the liquid to transition into a vapor to then be inhaled by a user. It is typical for the heating element to be powered when a button is pushed or a pressure sensor is activated by inhaling) (fig. 1 numbers 30 and 17) sized to receive a stick (fig. 1 number 17) and being configured to heat the stick to generate an vapor (col. 3 line 65 through col. 4 line 9), a heat pipe shaped to define a vacuumed interior (filter component)(fig. 1 number 15 and col. 3 line 65 through col. 4 line 9) , wherein a fluid is located in the vacuumed interior)(fig. 1 number 15 and col. 3 line 65 through col. 4 line 9), a first region of the heat pipe is coupled to a first region of the vapor generator (fig. 1 numbers 15, 17 and 30). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify Shabat with an aerosol generator sized to receive a stick and being configured to heat the stick to generate an aerosol; a heat pipe shaped to define a vacuumed interior, wherein a fluid is located in the vacuumed interior, a first region of the heat pipe is coupled to a first region of the aerosol generator in order the electronic smoking device to utilize a mobile telephone with an electronic cigarette which is nicotine free to be inhaled by the user where a battery could heat the electronic cigarette that could be charged by the mobile telephone for all day vaporizing pleasures, as taught by Valdez-Gibson.
Regarding claim 4, Shabat discloses the second region of the mobile communication terminal contains an electronic component of the mobile communication terminal (fig. 1B numbers 116, 52 and 54 and P:100-P:0101).
5. Claim(s) 3 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shabat (US 2015/0366268) (IDS) in view of Valdez-Gibson (US 10/966,463) as applied to claim 1 above and in further view of Bessant (US 2020/0260780).
Regarding claim 3, the combination of Shabat and Valdez-Gibson differs from claim 3 of the present invention in that they do not explicit disclose the first region is an antenna region of the aerosol generator. Bessant teaches an aerosol generator device (abstract and fig. 1 number 10), a communication interface (P:0052) comprising an antenna (P:0065). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the combination of Shabat and Valdez-Gibson with the first region is an antenna region of the aerosol generator in order to wireless transfer data to the mobile telephone or a remote communication device, as taught by Bessant.
Regarding claim 12, the combination of Shabat and Valdez-Gibson differs from claim 12 of the present invention in that they do not explicit disclose a flexible display comprising a first region contacting a first surface of the aerosol generator, wherein the first region of the flexible display changes from a flat surface to a curved surface, based on the stick being received at the aerosol generator. Bessant teaches the display may be a flexible display to facilitate formation of the curved viewing surface. In particular, the flexible display may be flexed to provide the curved viewing surface. Once the display is fixed or otherwise coupled to the housing, the display may no longer be capable of flexing, for example, when the display is at least partially or entirely attached (abstract and P:0042). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the combination of Shabat and Valdez-Gibson with a flexible display comprising a first region contacting a first surface of the aerosol generator, wherein the first region of the flexible display changes from a flat surface to a curved surface, based on the stick being received at the aerosol generator in order in order for a display of the e-cigarette casing to fit snuggly in the port to be charged by the battery, as taught by Bessant.
6. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shabat (US 2015/0366268) (IDS) in view of Valdez-Gibson (US 10/966,463) as applied to claim 1 above and in further view of Park (US 2022/0160041).
Regarding claim 6, the combination of Shabat and Valdez-Gibson differs from claim 6 of the present invention in that they do not explicit disclose the stick comprises a susceptor inductively heated by the aerosol generator, and wherein the controller is further configured to: control the display to display information; and control the power supply to provide power to the aerosol generator based on a change in magnetism of the susceptor. Park teaches a cigarette comprises a susceptor inductively heated by the aerosol generator (abstract), control the display to display information (P:0043); and control the power supply to provide power to the aerosol generator based on a alternating magnetic field of the susceptor (abstract and P:0052-P:0053). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the combination of Shabat and Valdez-Gibson with the stick comprises a susceptor inductively heated by the aerosol generator, and wherein the controller is further configured to: control the display to display information; and control the power supply to provide power to the aerosol generator based on a change in magnetism of the susceptor in order the electronic smoking device to display information and to utilize the mobile telephone to provide different temperatures to heat the electronic cigarette to improve taste of the electronic cigarette to the user, as taught by Park.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shabat (US 2015/0366268) (IDS) in view of Valdez-Gibson (US 10/966,463) as applied to claim 1 above and in further view of Bessant (US 2020/0260780) and Gieseke et al. (US 2003/0164779).
Regarding claim 11, the combination of Shabat and Valdez-Gibson differs from claim 11 of the present invention in that they do not explicit disclose an antenna configured to receive location information, wherein the antenna comprises: a patch coupled to the aerosol generator and located on a body of the aerosol generator, wherein the patch comprises a conductor; and a ground spaced at a distance from the patch. Bessant teaches an aerosol generator device (abstract and fig. 1 number 10), a communication interface (P:0052) comprising an antenna (P:0065). Gieseke et al. teaches a mobile terminal comprising an patch antenna 80 to receive location finding data (P:0024). Gieseke et al. does not disclose the patch antenna comprising a conductor; and a ground spaced at a distance from the patch, however, it is well understood in the art for a patch antenna to include conductor and ground when connecting the antenna to a circuit board for providing data to the controller of the mobile terminal. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the combination of Shabat and Valdez-Gibson with an antenna configured to receive location information, wherein the antenna comprises: a patch coupled to the aerosol generator and located on a body of the aerosol generator, wherein the patch comprises a conductor; and a ground spaced at a distance from the patch in order for the e-cigarette to wireless transfer location data to the mobile telephone or a remote communication device in case it’s lost, as taught by Bessant and Gieseke et al..
Allowable Subject Matter
Claim 5 and 7-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 5, the prior art of record fails to teach or suggest alone or in combination the electronic component maintains a lower temperature relative to a temperature of the aerosol generator, based on the stick being received by the aerosol generator and based a temperature increase of the aerosol generator.
Regarding claim 7, the prior art of record fails to teach or suggest alone or in combination estimate a temperature of the susceptor based on an equivalent resistance of the aerosol generator; and control the display based on the estimated temperature of the susceptor and a measured temperature for the display.
Regarding claim 8, the prior art of record fails to teach or suggest alone or in combination measure a change in resonant frequency occurring in the aerosol generator, according to a change in temperature of the susceptor; and control the temperature of the susceptor based on the change in resonant frequency.
Regarding claim 9, the prior art of record fails to teach or suggest alone or in combination sense a change in magnetic force occurring in the aerosol generator, according to a change in temperature of the susceptor; and control the temperature of the susceptor based on the change in magnetic force.
Regarding claim 10, the prior art of record fails to teach or suggest alone or in combination generate first temperature information for a temperature of the display; control the display based on the first temperature information; and acquire second temperature information for a temperature of the aerosol generator, based on the stick being received by the aerosol generator.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jung et al. (US 2021/0251300) discloses an aerosol generating device and method and apparatus for transmitting and receiving data.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH FERGUSON whose telephone number is (571)272-7865. The examiner can normally be reached M-F 7 am -3 pm.
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, Wesley L Kim can be reached at (571) 272-7867. 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.
/KEITH FERGUSON/ Primary Examiner, Art Unit 2648
Prosecution Insights