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 .
DETAILED ACTION
This communication is a Non-Final Office Action in response to preliminary amendments filed on 3/13/25.
Claims 1-17 have been cancelled.
Claims 18-37 have been amended.
Therefore, Claims 18-37 are now pending and have been addressed below.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 5/22/25 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 18-32, 36-37 are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay (US 2015/0181945 A1) in view of Hawes et al. (US 2016/0360789 A1)
Regarding Claim 18. (New) Tremblay discloses the electronic vapour provision system (Abstract An electronic vaping device may be designed to enhance or facilitate its use. For example, the electronic vaping device may: allow a capability of the electronic vaping device to provide vapor to be altered (e.g., disabled, reduced, enabled, or increased) in some situations), comprising:
Tremblay discloses a communication interface, wherein the communications interface is configured to receive a command from a remote device modifying the behaviour of the electronic vapour provision system (Fig 5 # 170 communication interface, [0017] receiving an external command from a communication device that is external to the electronic vaping device and causing a capability of the electronic vaping device to provide vapor through the outlet to be disabled in response to the external command. [0024] determine that a condition is met; and in response to the condition being met, issuing a command to the electronic vaping device to alter a capability of the electronic vaping device to provide vapor through the outlet., [0067] the control system 130 may also include a communication interface 170 that may be connected to the controller 160 and may include suitable circuitry and/or software for interacting with one or more external communication devices over one or more communication links. Fig 7 #100, 400 communication device, [0073] the communication device 400 is a smartphone, tablet, head-mounted display, smartwatch, or other communication device carried or worn by the user of the electronic cigarette 100, or even another electronic cigarette, communication between the electronic cigarette 100 and the communication device 400 may be direct, Fig 5 #170 communication interface, [0110] the external VCA command is issued by a communication device that is external to the electronic cigarette 100 and conveyed via a communication link, which may be wireless, wired, or partly wireless and partly wired (e.g., Bluetooth, WiFi or other wireless LAN, WiMAX or other wireless WAN, cellular, USB, etc.), such as the communication device 400 and the communication link 440 discussed above in connection with FIG. 7.),
Tremblay discloses wherein the communication interface is configured to support Bluetooth communications ([0073] pairing (e.g., Bluetooth pairing) the electronic cigarette 100 with the communication device 400., [0110] the external VCA command is issued by a communication device that is external to the electronic cigarette 100 and conveyed via a communication link, which may be wireless, wired, or partly wireless and partly wired (e.g., Bluetooth, WiFi or other wireless LAN, WiMAX or other wireless WAN, cellular, USB, etc.), such as the communication device 400 and the communication link 440 discussed above in connection with FIG. 7).
Tremblay does not specifically teach using a Bluetooth Low Energy protocol.
Hawes teaches Bluetooth communications using a Bluetooth Low Energy protocol ([0104] The controller 2105 sends data to and receives data from the at least one antenna 2140. The at least one antenna 2140 may include a Near Field Communication (NFC) modem and a Bluetooth low energy (LE) modem and/or other modems for other wireless technologies (e.g., Wi-Fi). The Bluetooth LE modem is used for data and control communications with an application on an external device (e.g., smart phone). The NFC modem may be used for pairing of the e-vaping device to the application and retrieval of diagnostic information.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included using a Bluetooth Low Energy protocol, as disclosed by Hawes in the system disclosed by Tremblay, for the motivation of providing a method of using Bluetooth LE modem for data and control communications with an application on an external device (e.g., smart phone). The NFC modem may be used for pairing of the e-vaping device to the application and retrieval of diagnostic information ([0104] Hawes).
Regarding Claim 19. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 18,
Tremblay teaches wherein the modified behaviour comprises: providing an indication to a user by the electronic vapour provision system ([0226] in conjunction with issuance of the PUU notification 860 via the mobile communication device 400, the controller 160 of the electronic cigarette 100 may send or refrain from sending an internal control signal to the vapor producer 120, the fluid-drawing detector 154, etc., to disable the vapor-providing capability of the electronic cigarette 100. [0228] the PUU notification 860 may be conveyed via the mobile communication device 400 without altering (e.g., disabling, reducing, etc.) the vapor-providing capability of the electronic cigarette 100. )
Regarding Claim 20. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 19,
Tremblay teaches wherein the electronic vapour provision system comprises one or more output devices. ([0233] a visual output device (e.g., a visual output device 190 in FIGS. 31 and 32, described in greater detail later) built into the housing 150 of the electronic cigarette 100 may display a certain color or message (e.g., "unauthorized user") when the user is an unauthorized user., [0235] the user interface 150 of the electronic cigarette 100 may comprise a visual output device 190 to convey information visually to the user and/or one or more other individuals in the vicinity of the electronic cigarette 100 who can see the electronic cigarette 100)
Regarding Claim 21. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 20,
Tremblay teaches wherein the one or more output devices comprise a speaker. ([0213] the PUU notification 860 may include an audible element emitted by a speaker of the mobile communication device 400 (e.g., an audio warning) (speaker). As yet another example, in some embodiments, the PUU notification 860 may include both a visual element and an audible element.)
Regarding Claim 22. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 20,
Tremblay teaches wherein the one or more output devices. ([0230] the physical deterrent 756 constitutes emission of a sensory artefact 766 (e.g., sound, odor, light) that certain users other than an authorized user (e.g., an owner) of the electronic cigarette 100 would likely find unpleasant. [0231] For example, when the authorized user is hard of hearing, producing a shrill or high-pitched sound, or playing overplayed Christmas music, may discourage unauthorized users who begin to use the electronic cigarette 100 from continuing to use the electronic cigarette 100. Similarly, when the authorized user is an adult above 25 years of age, producing sounds above 17.4 kHz would be inaudible to the authorized user, yet audible by individuals younger than 24 and certainly children.)
Tremblay does not specifically teach a vibrator
Hawes teaches a vibrator ([0108] The vaper indicators 2135 include a power indicator (e.g., LED) that may be activated when the controller 2105 senses a button press by the adult vaper. The vaper indicators 2135 may also include a vibrator, speaker, an indicator for current state of a vaper-controlled vaping parameter (e.g., vapor volume) and other feedback mechanisms.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included a vibrator, as disclosed by Hawes in the system disclosed by Tremblay, for the motivation of providing information to the vaper indicators to indicate statuses and the vaper indicators 2135 may also include a vibrator, speaker, an indicator for current state of a vaper-controlled vaping parameter (e.g., vapor volume) and other feedback mechanisms. ([0108] Hawes).
Regarding Claim 23. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 20,
Tremblay teaches wherein the one or more output devices comprise one or more lights. ([0230] the physical deterrent 756 constitutes emission of a sensory artefact 766 (e.g., sound, odor, light) that certain users other than an authorized user (e.g., an owner) of the electronic cigarette 100 would likely find unpleasant., [0231] the electronic cigarette 100 may be equipped with an artefact producer 776 which is activated by the controller 160 of the electronic cigarette 100, [0233] the artefact producer 776 may produce light patterns or signals that would be found annoying or unpleasant by an unauthorized user. For example, a visual output device (e.g., a visual output device 190 in FIGS. 31 and 32, described in greater detail later) built into the housing 150 of the electronic cigarette 100 may display a certain color or message (e.g., "unauthorized user") when the user is an unauthorized user. )
Regarding Claim 24. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 18, wherein the modified behaviour comprises:
Tremblay teaches preventing vapour provision by preventing the supply of power by the electronic vapour provision system to a heater. ([0066] The controller 160 comprises suitable circuitry and/or software for sending signals to and receiving signals from other components of the electronic cigarette 100 to which it is connected, including, in this embodiment, the user interface 150, the power source 110, and the vapor producer 120, in order to control operation of the electronic cigarette 100., [0091] Cutting off power to one or more elements of the vapor producer 120. This would inhibit operation of the vapor producer 120 (and prevent production of vapor), even if during this time the controller 160 detects from the fluid-drawing detector 154 that the user has drawn (e.g., puffed, inhaled, etc.) through the outlet 152 and sends or attempts to send the vaporize enable signal to the vapor producer 120. In this way, even if a vaporize enable signal is sent to the vapor producer 120, no vapor will be produced.)
Regarding Claim 25. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 18,
Tremblay teaches wherein the modified behaviour comprises: unlocking the electronic vapour provision system. ([0181] The vapor-providing capability of the electronic cigarette 100 may be disabled by default (e.g., after a period of time such as 5 or 10 minutes following a last time it was used for vaping) and enabled when the controller 160 detects the detectable pattern of drawing 820 on the outlet 152 of the electronic cigarette 100. The user may thus perform the detectable pattern of drawing 820 on the outlet 152 of the electronic cigarette 100 to “unlock" the electronic cigarette 100. [0183] The controller 160 may compare this to information stored in a memory that defines the detectable pattern of drawing 820 on the outlet 152 of the electronic cigarette 100 which is to be recognized by the controller 160 in order to unlock the electronic cigarette 100.)
Regarding Claim 26. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 18,
Tremblay teaches wherein the modified behaviour comprises: adjusting an amount of vapour generated by the electronic vapour provision system. ([0104] The input device 156 allow the user to indicate: whether vaping is to be enabled; whether vaping is to be disabled, a degree of vaping to be permitted; and/or an increase or decrease in allowable vaping intensity. Additionally or alternatively, in some cases, the user may use the input device 156 in respect of a particular constituent (e.g., nicotine, AWOL) that may be contained in the vapor, such as to indicate: whether the particular constituent is to be contained or not contained in the vapor; a degree of the particular constituent to be contained in the vapor; and/or an increase or decrease in an amount of the particular constituent. [0112] alter (e.g., enable, disable, increase or decrease) the vapor-providing capability of the electronic cigarette 100 [0124] The user input may indicate a desire of the user to alter (e.g., enable, increase, disable, or decrease) the vapor-providing capability of the electronic cigarette 100. The software application translates the user input into an external VCA command and transmits the external VCA command to the electronic cigarette 100 over the communication link 440, which is a wireless connection. [0126] decrease or increase an amount of a constituent (e.g., nicotine) of the vapor that can be vaped, [0060] the vaporizer 126 may comprise a heater to heat the liquid for vaporizing it. [0091] Cutting off power to one or more elements of the vapor producer 120. This would inhibit operation of the vapor producer 120 (and prevent production of vapor), even if during this time the controller 160 detects from the fluid-drawing detector 154 that the user has drawn (e.g., puffed, inhaled, etc.) through the outlet 152 and sends or attempts to send the vaporize enable signal to the vapor producer 120. In this way, even if a vaporize enable signal is sent to the vapor producer 120, no vapor will be produced. [0092] Preventing flow of vapor out through the outlet 152. This would prevent vapor produced by the vapor producer 120 from flowing out via the outlet 152 to the user, even if during this time the controller 160 detects from the fluid-drawing detector 154 that the user has drawn (e.g., puffed, inhaled, etc.) through the outlet 152 and sends the vaporize enable signal to the vapor producer, [0206] limited number of vapes)
Tremblay does not teach adjusting an amount of vapour generated by the electronic vapour provision system per inhalation by adjusting the supply of power by the electronic vapour provision system to a heater.
Hawes teaches adjusting an amount of vapour generated by the electronic vapour provision system per inhalation by adjusting the supply of power by the electronic vapour provision system to a heater. ([0098] adjust the power delivered to the heater of the pod, which may be referred to as heating or energy delivery. [0105] generate and adjust various profiles for vaping. The controller 2105 uses the power supply 2110 and the actuator controls 2115 to regulate the profile for the adult vaper. [0107] generate a drive waveform associated with the desired vaping profile. As described above, each possible profile is associated with a drive waveform. Upon receiving a command from the controller 2105 indicating the desired vaping profile, the actuator controls 2115 may produce the associated modulating waveform for the power supply 2110. [0110] The controller 2105 may calibrate the e-vaping device using buttonless vaping, a vaper configuration and the stored information on the CC-NVM including puff sensing, vapor precursor level, and vapor precursor composition. For example, the controller 2105 may command the power supply 2110 to supply power to the heater in the pod based on a vaping profile associated with the vapor precursor composition in the pod. Alternatively, a vaping profile may be encoded in the CC-NVM and utilized by the controller 2105., [0125]) determine an amount of vapor precursor to heat based on feedback from the pod sensors or the controller 2105. The flow of vapor precursor may be regulated by a micro-capillary or wicking action. Moreover, the controller 2105 may send commands to the heater 2215 to adjust an air inlet to the heater 2215.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included adjusting an amount of vapour generated by the electronic vapour provision system per inhalation by adjusting the supply of power by the electronic vapour provision system to a heater, as disclosed by Hawes in the system disclosed by Tremblay, for the motivation of providing a method for determining an amount of vapor precursor to heat based on feedback from the pod sensors or the controller 2105. The flow of vapor precursor may be regulated by a micro-capillary or wicking action. Moreover, the controller 2105 may send commands to the heater 2215 to adjust an air inlet to the heater 2215.. ([0125]-[126] Hawes).
Regarding Claim 27. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 18,
Tremblay teaches wherein the communications interface is configured to receive the command from a remote device which is a smartphone. ([0105] a specific communication device (or a group of specific communication devices) is paired with the electronic cigarette 100, such that only signals received from the specific communication device (or the group of specific communication devices) are recognized as valid. The specific communication device can be a smartphone or other mobile phone, a tablet, a smart watch, head-mounted display or other wearable device, etc., or even another electronic cigarette., [0127] the communication device 400 is a mobile communication device (e.g., a smartphone or other wireless phone; a tablet computer; a head-mounted display, smartwatch or other wearable device; etc.) of the user which runs a software application that relates to the electronic cigarette 100 and monitors a time of day to disable the vapor-providing capability of the electronic cigarette 100 during one or more predetermined periods (e.g., during normal work hours or sleep hours of the user). When the software application determines that a predetermined period during which the vapor-providing capability of the electronic cigarette 100 is to be disabled has arrived, it transmits an external VCA command to the electronic cigarette 100 over the communication link 440, which is a wireless connection.)
Regarding Claim 28. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 18,
Tremblay teaches wherein the electronic vapour provision system is configured to monitor firmware of the electronic vapour provision system in response to communications between the communications interface and a remote device. [0127] Smartphone of the user which runs a software application that relates to the electronic cigarette 100 and monitors a time of day to disable the vapor-providing capability of the electronic cigarette 100 during one or more predetermined periods (e.g., during normal work hours or sleep hours of the user). When the software application determines that a predetermined period during which the vapor-providing capability of the electronic cigarette 100 is to be disabled has arrived, it transmits an external VCA command to the electronic cigarette 100 over the communication link 440, which is a wireless connection.
Tremblay does not specifically teach upgrade firmware of the electronic vapour provision system
Hawes teaches upgrade firmware of the electronic vapour provision system ([0087] the pod can be used to as a general pay-load carrier for other information such as software patches for the e-vaping device. Use of the CC-NVM as an information carrier such as data and software updates allows the e-vaping device to be updated with software [0115] software patches for the system 2100)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included using a Bluetooth Low Energy protocol, as disclosed by Hawes in the system disclosed by Tremblay, for the motivation of providing a CC-NVM as an information carrier such as data and software updates allows the e-vaping device to be updated with software without it being connected to the Internet and for the adult vaper to go through a downloading process as with most other consumer electronics devices requiring periodic software updates. ([0087] Hawes).
Regarding Claim 29. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 18,
Tremblay teaches wherein the electronic vapour provision system is configured to provide usage data to a remote device using the communications interface. ([0136] a software application that monitors usage of the electronic cigarette 100 (e.g., a vaping pattern). The controller 160 of the electronic cigarette 100 may monitor vaping activity (e.g., maintain a vaping log noting times at which vapes occur based on inputs from the fluid-drawing detector 154) and the communication interface 170 may repeatedly (e.g., periodically) transmit a signal indicative of the vaping activity to the mobile communication device 400 over the communication link 440, which is a wireless connection. [0283] a) monitor overall vaping (e.g., consumption, habits, etc.) across the electronic cigarette 100 and one or more other electronic cigarettes registered to the same user; [0284] b) transfer data stored in association with the electronic cigarette 100 from a previously-used electronic cigarette and/or to a new electronic cigarette, [0286] determine the user's usage rate by logging the time instants at which the electronic cigarette 100 was vaped (e.g., this may be transmitted to a server which computes rate of vaping)
Also, Hawes teaches provide usage data to a remote device using the communications interface. ([0076] Because of its smart capability, the pod assembly 402 may communicate with dispensing body and/or another electronic device (e.g., smart phone). As a result, usage patterns and other information (e.g., flavor intensity, throat feel, puff count) may be generated, stored, transferred, and/or displayed. [0115] product usage information such as puff count, puff duration, and vapor precursor level.)
Regarding Claim 30. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 18,
Tremblay does not specifically teach wherein the electronic vapour provision system is configured to provide diagnostic data to a remote device using the communications interface.
Hawes teaches provide diagnostic data to a remote device using the communications interface ([0104] The NFC modem may be used for pairing of the e-vaping device to the application and retrieval of diagnostic information., [0110] the controller 2105 may include logging functions and be able to implement algorithms to calibrate the e-vaping device. The logging functions are executed by the controller 2105 to record usage data as well any unexpected events or faults. The recorded usage data may be used for diagnostics and analytics)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included provide diagnostic data to a remote device using the communications interface, as disclosed by Hawes in the system disclosed by Tremblay, for the motivation of providing a method for recording usage data as well any unexpected events or faults. The recorded usage data may be used for diagnostics and analytics ([0110] Hawes).
Regarding Claim 31. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 18,
Tremblay teaches wherein the electronic vapour provision system is configured to reset the electronic vapour provision system in response to communications between the communications interface and a remote device. ([0165] degree of alteration of the vapor-providing capability of the electronic cigarette 100 may be related to, for example, the originator or content of the received message(s). Thus, for example, the user may specify in the mobile app that when an email is received from John Smith, the vapor-providing capability of the electronic cigarette 100 is to be disabled. [0180] the vapor-providing capability of the electronic cigarette 100 may be altered (e.g., enabled, disabled, etc.) based on a detectable pattern of drawing 820 on the outlet 152 of the electronic cigarette 100 by the user)
Regarding Claim 32. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 18,
Tremblay teaches wherein the electronic vapour provision system is configured to control settings on the electronic vapour provision system in response to communications between the communications interface and a remote device. ([0163] The software application may be responsive to one or more messages (e.g., received from specific individuals and/or having specific content) to send an external VCA command to the electronic cigarette 100 over the communication link 440, which is a wireless connection. Accordingly, the external VCA command may specify whether the vapor-providing capability of the electronic cigarette 100 is to be disabled, enabled, increased (and possibly also by how much), decreased (and possibly also by how much), etc. [0164] the controller 160 processes the external VCA command and effects a control action in order to alter the vapor-providing capability of the electronic cigarette 100 in accordance with what was specified in the external VCA command. [0165] degree of alteration of the vapor-providing capability of the electronic cigarette 100 may be related to, for example, the originator or content of the received message(s). Thus, for example, the user may specify in the mobile app that when an email is received from John Smith, the vapor-providing capability of the electronic cigarette 100 is to be disabled.)
Regarding Claim 36. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 18,
Tremblay teaches wherein the electronic vapour provision system is configured to operate in a client-server mode with a remote device, in which the remote device operates as a client that initiates and sends requests to the electronic vapour provision system, and the electronic vapour provision system operates as a server. ([0248] the user may download an application (app) from a repository (e.g., Apple's App Store, iTunes, Google Play, Android Market, etc.) onto the specific communication device that is paired with the electronic cigarette 100. Upon activation of the app on the specific communication device, the user may access certain features to control certain aspects of the electronic cigarette 100 (including output of information by the visual output device 190 of the electronic cigarette 100) locally on the specific communication device. This can be achieved by sending a command from the specific communication device to the electronic cigarette 100. In addition, a data connection can be established over the Internet with a server of which executes a complementary server-side application interacting with the app on the specific communication device., [0263] the user interacting (e.g., using the electronic cigarette 100 itself, or using his/her smartphone, tablet, laptop computer, etc.) with a server (e.g., implementing a website) that is associated with the advertiser and allows the user to consent to presentation of advertisements on the electronic cigarette 100.)
Regarding claim 37. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 18,
Tremblay teaches wherein the electronic vapour provision system is configured to pair with a remote device using a Bluetooth ([0073] pairing (e.g., Bluetooth pairing) the electronic cigarette 100 with the communication device 400., [0110] the external VCA command is issued by a communication device that is external to the electronic cigarette 100 and conveyed via a communication link, which may be wireless, wired, or partly wireless and partly wired (e.g., Bluetooth, WiFi or other wireless LAN, WiMAX or other wireless WAN, cellular, USB, etc.), such as the communication device 400 and the communication link 440 discussed above in connection with FIG. 7).
Tremblay does not specifically teach pairing using a Bluetooth Low Energy protocol.
Hawes teaches pairing using a Bluetooth Low Energy protocol ([0104] The controller 2105 sends data to and receives data from the at least one antenna 2140. The at least one antenna 2140 may include a Near Field Communication (NFC) modem and a Bluetooth low energy (LE) modem and/or other modems for other wireless technologies (e.g., Wi-Fi). The Bluetooth LE modem is used for data and control communications with an application on an external device (e.g., smart phone). The NFC modem may be used for pairing of the e-vaping device to the application and retrieval of diagnostic information.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included pairing using a Bluetooth Low Energy protocol, as disclosed by Hawes in the system disclosed by Tremblay, for the motivation of providing a method of using Bluetooth LE modem for data and control communications with an application on an external device (e.g., smart phone). The NFC modem may be used for pairing of the e-vaping device to the application and retrieval of diagnostic information ([0104] Hawes).
Claims 33-35 are rejected under 35 U.S.C. 103 as being unpatentable over Tremblay (US 2015/0181945 A1) in view of Hawes et al. (US 2016/0360789 A1) as applied to claim 18, further in view of Kwon (US 2017/0279808 A1)
Regarding Claim 33. (New) Tremblay as modified by Hawes teaches the electronic vapour provision system of claim 18,
Tremblay teaches wherein the electronic vapour provision system is configured to advertise ([0263] the user may have subscribed to or registered for an advertisement service provided by the advertiser or otherwise have given his/her consent to the advertiser to convey the advertisement via the electronic cigarette 100.), and receive a request from a remote device in response. ([0138] the software application running on the mobile communication device may provide an option (e.g., via a button or other control element) selectable by the user to enable the vapor-providing capability of the electronic cigarette 100. [0263] the user may have subscribed to or registered for an advertisement service provided by the advertiser or otherwise have given his/her consent to the advertiser to convey the advertisement via the electronic cigarette 100. In some embodiments, this may be achieved, for example, by the user interacting (e.g., using the electronic cigarette 100 itself, or using his/her smartphone, tablet, laptop computer, etc.) with a server (e.g., implementing a website) that is associated with the advertiser and allows the user to consent (request) to presentation of advertisements on the electronic cigarette 100. The server may maintain a record (e.g., an account) for the electronic cigarette 100 and keep track of advertisements presented on the electronic cigarette 100.)
Tremblay/Hawes do not specifically teach advertise for Bluetooth Low Energy communication; receive a request for connection from a remote device in response.
Kwon teaches advertise for Bluetooth Low Energy communication ([0274] forming a device-to-device connection by using Bluetooth LE (Low Energy), [0275] for a Bluetooth LE connection between a first device 300 and a second device 400, the first device 300 transmits an advertising message to the second device (S6010).).; receive a request for connection from a remote device in response (Fig 6 # S6020 connection request, [0276], [0277] The second device 400 acknowledges the information included in the advertising message sent by the first device 300, and then transmits a connection request message to the first device 300 requesting for a Bluetooth LE connection (S6020). Then, the first device 300 and the second device 400 form a Bluetooth LE (Low Energy) connection (S6030).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included advertise for Bluetooth Low Energy communication; receive a request for connection from a remote device in response, as disclosed by Kwon in the system disclosed by Tremblay/Hawes, for the motivation of providing a method for forming a device-to-device connection by using Bluetooth LE (Low Energy). ([0274] Kwon)
Regarding Claim 34. (New) Tremblay as modified by Hawes/Kwon teaches the electronic vapour provision system of claim 33,
Tremblay teaches wherein the electronic vapour provision system is configured to remember an identity of the remote device. ([0113] an identity of the user (e.g., to prevent any other individual or any person not authorized to vape to use the electronic cigarette 100), [0212] the communication device 400 is a mobile communication device (e.g., a smartphone or other wireless phone; a tablet computer; a head-mounted display, smartwatch or other wearable device; etc.) of the authorized user who is an owner of the electronic cigarette 100. In this case, the mobile communication device 400 runs a software application (e.g., a mobile app) that is related to the electronic cigarette 100 and that can deliver the PUU notification 860. The PUU notification 860 may be delivered as a text message (e.g., SMS message) or an email message presentable by the mobile communication device 400). [0172] If the software application running on the computer 194 determines that the authorization information 750 provided by the user is valid, the computer 194 issues an external VCA command to the electronic cigarette 100 in order to enable the vapor-providing capability of the electronic cigarette 100. The computer 194 may validate the authorization information 750 by comparing it to previously-collected information stored in a memory. In other cases, the computer 194 may send the authentication information 750 to a remote server (e.g., a web server) for validation.)
Regarding Claim 35. (New) Tremblay as modified by Hawes/Kwon teaches the electronic vapour provision system of claim 34,
Tremblay teaches wherein the electronic vapour provision system is configured to accept a future request for connection from the remote device automatically. ([0223] the owner of the electronic cigarette 100 may specify that he/she wishes to be notified when the electronic cigarette 100 is being vaped while not in proximity of the mobile communication device 400, which is presumed to be with him/her. For instance, the controller 160 of the electronic cigarette 100 may monitor a proximity of the electronic cigarette 100 to the mobile communication device 400 the electronic cigarette 100. while it is not in proximity to the mobile communication device 400, the controller 160 causes transmission of a signal over the communication link 440 (automatically connecting) to issue the PUU notification 860 at the mobile communication device 400 in order to notify the owner of the electronic cigarette 100 of this situation.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Black (US 2016/0081393) discloses personal vaporizer comprises at least one sensor configured for sensing at least one variable associated with at least one component of the personal vaporizer, at least one actuator configured for changing at least one variable associated with at least one component of the personal vaporizer, a communication interface configured for communicating information between the personal vaporizer and an external device
Cameron (US 2017/0042230 A1) discloses an intuitive user interface to create an intuitive range of static and interactive functionality for a user of an electronic vaporizing device
Burstyn (US 2014/0174459 A1) discloses an electronic cigarette includes a memory, a processor communicatively coupled to the memory and configured to run an electronic cigarette application stored in the memory, and an output circuit that transfers information from the electronic cigarette application to a remote electronic cigarette application separate from the electronic cigarette. An indicator such as an audible indicator and/or a visual indicator provides information, such as an indication that the electronic cigarette needs recharging or an indication to a user implementing a smoking cessation program.
Peleg (USc2013/0284192) discloses an electronic cigarette ("e-Cig") may include a controller for providing various operations within an e-Cig. Enhancements for the controller may provide for improved operations and control for the e-Cig. In one embodiment, there may be a communications capability that may allow for the e-Cig to communicate with a consumer device.
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/SANGEETA BAHL/Primary Examiner, Art Unit 3626