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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/31/25 has been entered.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 5-7, 10-12, 14, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dai et al. (US 2017/0013884).
Claims 1, 6, 11, 14, and 15. Dai et al. discloses an electronic cigarette 10 comprising a proximal cylindrical housing section 14 containing a liquid storage chamber 36 ([0028]; [0033]; Figure 1). The liquid reservoir 32 may be a collapsible liquid reservoir 32 and may resemble a bladder that is made of a plastic, a little or non-elastic thin film, or any type of material that is collapsible and may hold liquid or a solid tube with an inside sliding plug. The liquid reservoir 32 may be enlarged when filled with a desired liquid to be vaporized. As liquid is drawn from the reservoir, the liquid reservoir 32 may collapse and shrink (level of liquid within the reservoir is variable) ([0042]; Figure 1). Dai et al. discloses liquid reservoir 32 having walls made of a plastic, a little or non-elastic thin film, or any type of material that is collapsible and may hold liquid, where the walls are arranged along different axes along the wall ([0042]; Figure 1).
Claims 2, 7, and 12. Dai et al. discloses that the electronic cigarette 10 comprises a liquid transport device 26 (wick) connected to the opening of the liquid reservoir 32 ([0032]-[0033]; Figure 1 showing resilient walls of the liquid storage chamber 36 on each side of the liquid transport device 26 (wick)).
Claims 5 and 10. Dai et al. discloses liquid reservoir 32 having non-equal spacing between the walls (Figure 1).
Response to Arguments
Applicant's arguments filed 9/3/25 have been fully considered but they are not persuasive. Applicant argues that in Dai, the liquid reservoir 32 is a collapsible bladder that collapses as liquid is drawn from the reservoir. Dai teaches that the reservoir does not contain gases so the liquid stays at a constant pressure. Applicant asserts that Dai does not teach “wherein a level of the liquid within the cartomizer is variable”. Examiner disagrees, since the specification does not provide a specific definition for “a level of the liquid” and one of ordinary skill in the art would understand that the broadest reasonable interpretation of “a level of liquid” is “an amount of liquid” in the reservoir. The claims do not require that the reservoir contains both liquid and a gas where the interface between the liquid and gas is defined as “the level”. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Wilson can be reached on (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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/KATHERINE A WILL/Primary Examiner, Art Unit 1747