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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 28, 2025 has been entered.
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the current drawings are not in keeping with generally accepted and conventional US practice. The drawings do not contain any reference characters/numbers but, instead, are replete with numerous lines of texted descriptions and stray lines (see Fig. 22).
Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2, 4-15 and 34 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. Independent claim 1 contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Applicant has amended the independent claim to include language that recites the following: “the PCB tube is separate from the vapor tube, reservoir, and heating chamber (emphasis added)”; however, there does not appear to be sufficient written support in the instant specification for such amendment. The instant abstract states that the device may have a “PCB tube...which is integrally formed with…the reservoir or body” (emphasis added) which appears to be an indication that the PCB tube and the reservoir are inseparable. The instant specification further states that “it is advantageous to keep the PCB tubes and vapor tubes separate” (para. [0061] of the instant published specification). And while it makes reference to the “reservoir” being “closed off fluidically with the PCB”, (also para. [0061]), there is no specific disclosure that indicates a PCB tube being separate from the reservoir, and/or heating chamber as is currently recited. Therefore, it is not believed that the instant written disclosure provides the necessary support for the amended language.
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 1-2, 4-15 and 34 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.
It is not clear what Applicant means by the amended recitation “the PCB tube is separate from the vapor tube, reservoir, and heating chamber (emphasis added)”. What does “separate from” mean in this context, does it mean that the PCB tube is not in fluid communication with the reservoir/heating chamber? It is noted that claim 4 recites that “the reservoir, the vapor tube and the PCB tube are formed as a single component”; however, this does not appear to make sense if the PCB tube is recited as being “separate from” the reservoir in independent claim 1.
Also, it is not clear what “negative pressure within the PCB tube causes the pressure sensor to switch on the power source” means. Does it mean a change in pressure when a user inhales causes this action?
Clarification is requested, a modification of claim language is preferred.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIONNE WALLS MAYES whose telephone number is (571)272-5836. The examiner can normally be reached Mondays and Thursdays, 8:00AM - 4:00PM (EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIONNE W. MAYES/ Primary Examiner, Art Unit 1747