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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the NFC reader comprising an outer body; a power source; a data store; a memory; and a processor must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The specification does not describe “A hear-field communication (NFC) reader comprising an outer body; a power source; a memory; and a processor”. Instead, the specification describes that “An apparatus 100 includes an outer body 104 (see Paragraph [0022], line 2); a power source 108 (see Paragraph [0023], line 1); and a processing circuit 124 with memory functions (see Paragraph [0031], lines 1-3). Also, Figure 1 of the drawings shows the external device 132 including NFC Reader 148; a remote server 152; and a data store 156. Therefore, it is not clear which device that the applicant is trying to claim as the correct claimed invention. Is the claimed invention an apparatus 100 comprising an outer body 104; a power source 108; and a processing circuit 124 with memory functions or an external device 132 comprising a NFC reader 148; a remote server 152; and a data store 156?
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, line 1 recites a claimed invention to be “An NFC reader”. However, Figure 1 of the drawings shows the NFC reader 148 to be just one component among many other components included within the external device 132. Even though Paragraph [0053] describes an “NFC reader” is an external device, the external device 132 only includes an NFC reader 148 (see Paragraph [0053], lines 1-2); a remote server 152 (see Paragraph 0055), lines 1-2) and a data store 156 (see Paragraph [0057], lines 1-3). Also, Figure 1 of the drawings shows that the NFC reader/external device 132 includes only the NFC reader 148; the remote server 152; and the data store 156. It is clear from the drawings and the specification that the NFC reader does not and cannot have all the elements recited in the body of claim 1 such as an outer body; a power source; a memory; and a processor. Therefore, it is indefinite how the NFC reader/external device can be the claimed invention, so it is also indefinite what the claimed invention is.
Claim 1, lines 7-8, it is clear that the NFC reader receives a unique identifier from an aerosol delivery device. However, claim 1 does not recite where a user metadata comprising a user’s date of birth recited in line 9 comes from. Therefore, it is indefinite what is sending the user metadata.
In the last line of claim 1 recites, “the signal comprising an unlocking signal”. However, claim 1, line 13 basically recites that “a signal” transmitted to the aerosol delivery device is for the age verification. Therefore, it is indefinite whether the signal is the age verification signal or the unlocking signal. Also, it is indefinite what is being unlocked by this unlocking signal, because (like the name suggests) something must be unlocked by the signal.
Claim 16, line 4 also has the same problem as claim 1, line 9 as stated above.
Claim 16, lines 8-9 also have the same problem as claim 1, lines 13-14 as stated above.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: the outer body with the power source and a data store, a memory storing instructions, a processor, an aerosol delivery device.
Claim 1, lines 2 and 3 recites, “an outer body; a power source disposed within the outer body”. However, the outer body and the power source recited in lines 2 and 3 have no structural relationship with a data store, a memory storing instructions, a processor, an aerosol delivery device and other remaining elements recited in claim 1, lines 4-14. The outer body with the power source is just listed in the claims without any functions. Therefore, the purposes of the outer body and the power source are not clear and indefinite. Also, it is indefinite how the outer body and the power source are working with all other elements recited in claim 1.
Claim 12, line 4 also recites, “a power source”, which is simply listed in claim 12 without any function and without any structural relationship with the other elements of the aerosol delivery device. Therefore, it is indefinite what the purpose of the power source is and how this power source is working with all other elements recited in claim 12.
Response to Arguments
Applicant's arguments filed on 07/02/2026 have been fully considered but they are not persuasive. The applicant argues that all the claims rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph do not have clear reasonings and no law requirements support for the rejections. Therefore, the examiner tried to explain the reason for the rejections more clearly with the appropriate law supporting the examiner’s rejections.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAE MOON HYEON whose telephone number is (571) 272-2093. The examiner can normally be reached Monday-Friday, 9:30 am - 6:00 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, Abdullah A Riyami can be reached at 571-270-3119. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/hmh/
/Hae Moon Hyeon/Primary Examiner, Art Unit 2831
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