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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 Jan 20, 2026 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 1-4 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 3 338 571 (hereinafter referred to as “Li et al”).
Regarding independent claim 1, and dependent claims 2-3 and 9, Li et al discloses an atomizer (100) for aerosolizing tobacco liquid from a liquid storage chamber (corresponding to the claimed “corresponding to the claimed [a]pparatus for heating smokeable material to volatilize at least one component of the smokable material, the apparatus having a longitudinal axis”), said atomizer having an adjustable air intake feature.
The atomizer (100) has an atomizer body which includes an adjusting cover (103) having threads (1033) (corresponding to the claimed “a first casing portion comprising a first connector”) which define an interior space that can accommodate the distal end of an air pipe (110). It is noted that Applicant has not positively recited “a replaceable cartridge”, but has only recited “a recess for receiving a replaceable cartridge” wherein the cartridge has specific structural features. It is submitted that the “interior space” of the Li et al atomizer which accommodates the distal end of the air pipe (110) would also be capable of accommodating the claimed “replaceable cartridge” even with the amended structural features. So, the Li et al atomizer need not comprise the structure of the “replaceable cartridge” itself to meet the claimed limitations of the instant claim, only a recess that would be capable of receiving such a cartridge as the “for receiving a replaceable cartridge inserted by a user, the cartridge comprising a heating element and smokable material” recitation is considered intended use. Hence, in light of the aforementioned, the “interior space” of the atomizer of Li et al meets the claimed limitation.
Further, an end cover (105) having threads (1062) - which matingly correspond with the threads (1033) of adjusting cover (103) (read: a second casing portion comprising a second connector that is releasably engaged with the first connector) - allows the adjusting cover (103) to be rotated to move up and down along axial direction of the atomizer body to adjust a clearance (see abstract and Fig 2). Note that the Examiner interprets the “adjusting cover” and the “end cover” as comprising (read: characterized by) “connectors” because the generally accepted definition of the term “connector” is “a thing that connects one object to another” (see dictionary.com) and since the “covers” are matingly engageable with each other, they are considered to be “connectors”.
As further, and more clearly, shown, in Figure 2, when the adjusting cover (103) and the end cover (105) are matingly engaged, a clearance (111)(read: inlet) is formed just beyond the edge (1031) of the adjusting cover (103) which results in the claimed “wherein the first connector comprises a first surface that faces radially inwardly, toward the longitudinal axis, wherein the second connector comprises a second surface that faces radially outwardly, away from the longitudinal axis, wherein, when engaged, the first and second connectors define an inlet between the first and second connectors for admitting air into the recess from an exterior of the apparatus, and wherein at least a portion of the inlet is defined between the first surface and the second surface; the “wherein the second connector is for engagement with the first connector so as to connect the second casing portion to the first casing portion” recitation of claim 2; and the “wherein the second connector is for releasable engagement with the first connector so as to detachably connect the second casing portion to the first casing portion” recitation of claim 3) (see paras [0019]-[0026]).
Regarding claim 4, as shown in Figs. 1 and 2, the adjusting cover (103) may be rotated to adjust the air intake. As such, the cross-sectional area of the inlet is clearly affected (corresponding to the claimed “wherein the first and second connectors are movable relative to each other, to alter a cross-sectional area of the inlet, while maintaining engagement of the first and second connectors”).
Regarding claim 9, as Applicant has not specified the structural make-up of its claimed “cartridge”, it is submitted that the distal end of the air pipe (110) that is accommodated in the interior space of the atomizer meets this limitation (corresponding to the claimed “comprising a cartridge for receipt in the recess”).
Claims 14-16, 18-21, 23-26 and 30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 103892467 (hereinafter referred to as “Lin et al”; see English Translation).
Regarding independent claim 14, and dependent claim 18, Lin et al discloses an electronic cigarette which includes an e-cigarette liquid cup (32) and a vaporizer (31) which clearly has a “heater” (for “heating”) since the disclosure indicates that the vaporizer is far away from the mouthpiece end to avoid burning of the smoker’s mouth (corresponding to the claimed “[a]pparatus for heating smokable material to volatilize at least one component of the smokable material”).
The electronic cigarette includes an outer housing (13) (corresponding to the claimed “a casing”) which is hollow (corresponding to the claimed “comprising a recess for receiving a cartridge”), and an opening towards the mouthpiece (14) (corresponding to the claimed “opening into the recess”). It is noted that Applicant has not positively recited “a replaceable cartridge”, but has recited “a recess for receiving a replaceable cartridge” having specific structural features. As such, the “hollow space” of the Lin et al outer housing would also be capable of accommodating the claimed “replaceable cartridge” even with the amended structural features. So, the Lin et al outer housing need not comprise the structure of the “replaceable cartridge” itself to meet the claimed limitations of the instant claim, only a recess that would be capable of receiving such a cartridge as the “for receiving a replaceable cartridge inserted by a user, the cartridge comprising a heating element and smokable material” recitation is considered intended use.
As shown in Fig. 2, it is clear that the mouthpiece (14) meets the claimed “comprising an inlet, an outlet, a channel fluidly connecting the inlet with the outlet”.
Inside an inner housing (2), is provided an e-cigarette liquid cup (32) and a vaporizer assembly (3), the latter of which includes a replaceable/removable vaporizer (31).
As seen in Fig. 7, the end of mouthpiece (14) directed towards the opening of the outer housing (13) is clearly shown. Further Lin et al states that the outer edge of the vapor flow outlet (21), of the vaporizer (31), is hermetically connected with a bell-mouth structure (141) which is formed on the mouthpiece (14) and is made of a soft material, in a manner of being pressed and sealed against each other (see para. [0004]). As such, since the bell-mouth structure hermetically connects to the vapor flow outlet (21) of the “cartridge” in Lin et al, and since the bell-mouth structure is formed on the mouthpiece (14), it forms a seal and compresses against the vaporizer (31) as required by the claim. Additionally, it covers the opening of the outer housing (13) while facing the recess in which the vaporizing assembly, with the vaporizer (31) is located. As such, the bell-mouth structure (141) seals the inlet of the mouthpiece (14) to the cartridge (corresponding to the claimed “a seal surrounding the inlet; wherein the mouthpiece is locatable relative to the casing so as to cover the opening, with the seal facing the recess for contacting and compressing against the cartridge when the cartridge is received in the recess to seal the inlet of the mouthpiece to the cartridge in use”; and the “wherein the mouthpiece is located relative to the casing so as to cover the opening, with the seal facing the recess for contacting a cartridge when the cartridge is received in the recess to seal the inlet of the mouthpiece to the cartridge when the cartridge is received in the recess” recitation of claim 18)(see paras. [0019]-[0024] of the English translation and Figures).
Regarding claim 15, Lin et al shows, in Figures, that its bell-mouth structure (141) defines the inlet (corresponding to the claimed “wherein the seal defines the inlet”).
Regarding claim 16, the term “resilient” is understood as the property of a material to return to its original shape after being deformed. Since Lin et al describes that the bell-mouth structure (141) hermetically seals and that the inner housing may be removed and reinserted, a “hermetical seal” for parts that are reinserted implies that the bell-mouth structure (141) is inherently resilient (corresponding to the claimed “wherein the seal is resilient”).
Regarding claim 19, as stated above, Lin et al discloses the vaporization assembly (3) which includes the vaporizer (31), liquid cup (32), and inner housing (2), hence forming a collective “cartridge” (corresponding to the claimed “comprising a cartridge for receipt in the recess, wherein the mouthpiece is locatable relative to the casing so as to cover the opening with the seal in contact with the cartridge when the cartridge is received in the recess”).
Regarding claim 20, as stated above, the seal of Lin et al is compressed between the cartridge and the channel of the mouthpiece (corresponding to the claimed “wherein the mouthpiece is locatable relative to the casing so as to cover the opening with the seal compressed between the channel and the cartridge when the cartridge is received in the recess”).
Regarding claims 21 and 30, a “volatilized material flow path” is shown in Lin et al disclosed as a vapor flow channel (4) formed by the space between the inner housing (2) of the vaporization assembly and an outer wall of the e-cigarette liquid cup (32), the vapor flow outlet (21) and a channel inside the mouthpiece (14)(corresponding to the “wherein the cartridge comprises a housing defining a chamber, the housing has a volatilized material flow path extending therethrough for permitting volatilized material to pass form the chamber out of the housing, and the mouthpiece is locatable relative to the casing so as to cover the opening with the volatilized material flow path fluidly connected to the channel of the mouthpiece via the inlet of the mouthpiece when the cartridge is received in the recess” recitation of claim 21; and the “wherein the seal of the mouthpiece prevents air from bypassing the chamber of the cartridge when travelling from the recess to the channel of the mouthpiece” recitation of claim 30).
Regarding claim 23, Lin et al discloses a liquid cup and a vaporization assembly that is based on heating the liquid. Clearly, there is a wicking of the liquid material to the vaporizer and thus liquid material is arranged on the heater (corresponding to the claimed “wherein the cartridge comprises a heating element with smokable material arranged thereon”).
Regarding claim 24, Lin et al relates to the vaporization of a liquid substrate and, as such, there is no combustion, but only evaporation of the liquid in the “cartridge” (corresponding to the claimed “wherein the apparatus is arranged to heat the smokable material to volatilize the at least one component of the smokable material without combusting the smokable material when the cartridge is received in the recess”).
Regarding claims 25-26, Lin et al includes a control assembly (5) (corresponding to the claimed “wherein the casing contains a controller for controlling the supply of electrical power to the heating element form an electrical power source when the cartridge is received in the recess” recitation of claim 25; and the “wherein the casing contains a controller arranged to control heating of the heating element so as to cause heating of the smokable material to volatilize the at least one component of the smokable material without combusting the smokable material when the cartridge is received in the recess” recitation of claim 26).
Allowable Subject Matter
Claims 10-11, 13 and 22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record fails to teach and/or reasonably suggest the claimed apparatus which further includes that the cartridge (of independent claim 1) further comprises a heating element with smokeable material arranged thereon, or that the cartridge (of independent claim 14) is movable through the opening, and the mouthpiece is locatable relative to the casing at a position at which the cartridge is movable through the opening.
Response to Arguments
Applicant's arguments filed November 20, 2025 have been fully considered but they are not persuasive.
-Regarding the rejection of the claims over Li et al, Applicant argues that neither reference discloses a “replaceable cartridge comprising a heating element and smokable material” as required; however, as stated above, Applicant does not positively recite such a cartridge. On the contrary, Applicant recites a recess for receiving a replaceable cartridge. disclose takes issue with the Examiner’s equating of the interior space that is defined by the atomizer body that accommodates the distal end of an airpipe and a mouthpiece as being “a recess for receiving a cartridge”. The Examiner wishes to point out that this claimed language reflects “intended use”. Applicant has not required that “a cartridge” be a part of the structure of the claimed invention. All that need be provided to “read on” the claimed recitation is a “recess” that is capable of receiving a cartridge.
-Regarding the rejection of the claims over Lin et al, Applicant appears to submit the same arguments expressed above, that the components of the Lin et al do not reflect the structure of the electronic cigarette of the claimed invention. Applicant, in particular, argues that the Examiner equates the inner housing (2) to the claimed “cartridge”. As stated above, Applicant has not even required that “a cartridge” be a part of the structure of the claimed invention of independent 14. All that need be provided to “read on” the claimed recitation is an interior space that is capable of receiving a cartridge, and that is what the inner housing (2) provides. And even in claim 19, which depends from claim 14, Applicant gives no structural specifics of the claimed “cartridge”. For the reasons stated in the above rejection, the rejection is considered to be proper.
Note: In order to obviate the above concern noted by Examiner, the following claim amendment is suggested for independent claims 1 and 14, followed by the cancelation of claims 10 and 23:
“a first casing portion comprising a first connector and a recess for receiving a replaceable cartridge inserted by a user;[,]
a [the] cartridge comprising a heating element and smokable material; and
a second casing portion…”.
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).
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/DIONNE W. MAYES/Primary Examiner, Art Unit 1747