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 .
Response to Arguments
Applicant’s amendment to the claims, filed on July 9, 2026, obviates the rejection made in the previous Office Action, under 35 USC 112(b). However, the amendment also raises further concerns under this section as follows:
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 1-2, 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.
Regarding independent claim 1 (and, inherently, those that depend therefrom), the claim recites two separate instances of “a pressure sensor” as a structural element:
Element 3: “a housing inserted into the interior chamber including a heating chamber including a heating element and a pressure sensor…”
Element 6: “a printed circuit board (PCB) having a pressure sensor”
When the claim subsequently recites “the pressure sensor” in element 7 (“extending…to the pressure sensor”) and element 9 (“causes the pressure sensor to switch on…”), it is unclear whether this refers to the pressure sensor in the housing, the pressure sensor on the PCB, or if these two recitations refer to the same physical sensor. If they are intended to be the same element, claiming it as a component of both the housing and the PCB creates confusion as to where the sensor actually resides.
Also, regarding independent claim 1:
Element 1 states that the body includes “a mouthpiece and an interior chamber”.
Elements 5 and 7 state that the vapor tube and the PCB tube extend “form the mouthpiece”.
Element 10 states that “the vapor tube and PCB tube are integrally formed with the reservoir as a single molded component...”
However, if the mouthpiece is part of the main body, but the vapor and PCB tubes are integrally molded into the reservoir (which is a separate component inserted into the body), there is a structural disconnect in how tubes molded directly into the reservoir can extend directly from a mouthpiece that belongs to the body - unless the mouthpiece itself is part of the reservoir assembly. In other words, the boundaries and physical/structural relationship of these components are unclear.
Lastly, regarding independent claim 1:
Element 9 states that a decrease in pressure “causes the pressure sensor to switch on the power source”
However, a pressure sensor’s function is to detect pressure changes and generate a signal; it does not directly switch on a power source. Claiming that the sensor itself is actuating the power source causes ambiguity. The instant specification indicates, in para. [0061] of the published application, that the “pressure sensor…detects the change in pressure upon a user’s inhalation which triggers the activation of the electric current to the heating element and begins the vaporization process”. As such, it is suggested that the claim be amended to include recitation that reflects this disclosure.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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
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