DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status
2. Claims 1-9 are currently pending in this application. Claims 10-23 have been cancelled.23
Priority
3. No foreign priority has been claimed in this application. This application claims benefit to provisional application 63/278,390 filed 11/11/2021.
Specification
4. The disclosure is objected to because of the following informalities: a section titled cross section to related applications should be included detailing any related applications. Appropriate correction is required.
Information Disclosure Statement
5. No information disclosure statement (IDS) was submitted in this application.
Drawings
6. New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because the blocks in the figures should be labeled where possible instead of the figures only including numerical references. 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.
Election/Restrictions
7. Applicant’s election without traverse of 1-9 in the reply filed on 12/12/2025 is acknowledged.
Claim Rejections - 35 USC § 102
8. 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 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.
9. 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.
10. Claims 1-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Borkovec EP 3085251 A1.
With regards to claim 1, Borkovec EP 3085251A1 teaches an analytical testing system for vaping devices comprises an operating circuit (OC) (500) connected to a measuring circuit (MC) (100), the operating circuit (500) comprising
at least a main module,(50; figure 1)
wherein the main module is equipped with the operating circuit data control unit, (paragraph 0027)
a vapor flow state signal unit (FSCU), (paragraph 0002)
a vapor flow density control unit (VFDC), (Paragraphs 0021)
the measuring circuit is formed by a number of measuring units (MU) , each of the measuring units is designed as a separately enclosed module equipped with a mechatronic components set, (Paragraphs 0023 &0028-0029)
wherein the mechatronic components set comprises, at least,
a vaping device (2;Paragraph 0045)
connector (Paragraphs 0023),
a vapor channel (12; Paragraph 0045),
a pump unit (Paragraph 0030),
a vapor flow sensing unit (sensing airflow pattern; Paragraph 0002),
the measuring unit data control block (Paragraph 0027),
the measuring unit sensor set control block (Paragraph 0023), and
the pump unit equipped with a step-motor (Paragraph 0050)
the vapor flow state signal unit is designed in data connection with the vapor flow density control unit, the main module sensor set control unit, and a vaping stability detecting unit of the operating circuit;(figure 1)
wherein at least a part of the vapor flow sensing unit components is installed within the vapor channel, between the first and the second control valves, wherein both of the control valves are synchronized with the step-motor. (Paragraph 0040 & 0046-0050)
With regards to claim 2, Borkovec EP 3085251A1 teaches an equal mechatronic components set. (figure 1)
With regards to claim 3, Borkovec EP 3085251A1 teaches an at least one of the measuring units comprises a dedicated mechatronic components set. (figure 1)
With regards to claim 4, Borkovec EP 3085251A1 teaches an each of the measuring unit comprises at least the vapor flow sensing unit (paragraph 0002), a pressure drop sensor (paragraph 0002), a flow temperature sensor (paragraph 0016), a harmful impurities sensor(paragraph 0019) , a step-motor position sensor (paragraph 0046)
With regards to claim 5, Borkovec EP 3085251A1 teaches an the vapor flow sensing unit (404) is installed within protective housing (paragraph 0002)
With regards to claim 6, Borkovec EP 3085251A1 teaches an a dimensions dependence between the measuring unit components are established based on the vaping device parameters. (Paragraph 0034)
With regards to claim 7, Borkovec EP 3085251A1 teaches an the vapor flow density control unit comprises, at least, a memory unit with the vaping devices parameters database,(paragraph 0044) a dimensions dependence control unit (paragraph 0034), a product weight control unit. (paragraph 0059)
With regards to claim 8, Borkovec EP 3085251A1 teaches the vapor flow state signal unit which is designed in data connection with the measuring unit sensor set control unit and the vaping stability detecting unit. (figure 1) (paragraph 0045-0046)
With regards to claim 9, Borkovec EP 3085251A1 teaches the vaping stability detecting unit is designed in data connection with the data visualization unit.(paragraph 0024-0025)
Examiner's Note:
11. Examiner has cited particular columns and line numbers in the references applied to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the Examiner.
12. In the case of amending the claimed invention, Applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and also to verify and ascertain the metes and bounds of the claimed invention.
Conclusion
13. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jain US Pat # 12,089,658 teaches a vapor diagnostic system.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADITYA S BHAT whose telephone number is (571)272-2270. The examiner can normally be reached on Monday-Friday 8 am-6pm.
15. 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.
16. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelby Turner can be reached on 571-272-6334. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADITYA S BHAT/Primary Examiner, Art Unit 2857 February 3, 2026