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 .
Election/Restrictions
In the response filed 12/4/25, Applicant traverses the Restriction Requirement and argues that Inventions I and II represent a generic invention and specific embodiment (genus/species) and thus overlap in scope and are not mutually exclusive. Examiner agrees, and the restriction requirement is withdrawn.
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.
The terms “thick” and “thin” in claim 1 are relative terms which renders the claim indefinite. The terms “thick” and “thin” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For purposes of examination, the “thick first wall” will be interpreted as having a thickness greater than the “thin second wall”.
Claims 2-9 are rejected by dependence.
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.
Claim 10 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (US 2014/0060556).
Claim 10. Liu discloses a multi-flavored electronic cigarette 100 comprising an electronic cigarette sucking rod 90 and a power rod 91 ([0025]; Figure 1). The electronic cigarette sucking rod 90 comprises a sucking cylinder 1 with a hollow inner chamber, a heating device 2, a liquid smoke cup 3 (strain container) configured with multiple atomizing chambers, a sucking nozzle 4 having a venthole and the first connector 5 for connecting with the power rod 9 ([0026]; Figure 1). The liquid smoke cup 3 (strain container) comprises cup holders 31, a cup tube 32, a lid 33, conduits 35 and liquid storage components 37 (isolated strain chamber), the liquid smoke cup 3 is provided with the atomizing chambers 34 therein used for atomizing the liquid smoke. Wherein, the cup holders 31 and the lid 33 are disposed at opposite ends of the cup tube 32, the conduits 35 are secured between the cup holder 31 and the lid 33; the liquid storage components 37 are fixed onto an exterior of the conduit 35 and disposed between the cup holder 31 and the lid 33 ([0029]; Figures 1-3). The electronic cigarette can have three or more atomizing chambers 34 ([0039]). Each atomizing chamber 34 is provided with a liquid storage component 37 therein adapted for reserving a flavored liquid smoke, and each atomizing chamber 34 is correspondingly provided with a heater 21 (heating agent) therein, each heater 21 is connected to the heater control circuit board 22 (first system including an electrical assembly), and is controlled by a control switch, the control switch is disposed on an outer wall of the electronic cigarette, for starting work of the heater 21 in the atomizing chamber 34 corresponded to the required flavor of liquid smoke ([0038]; Figures 1-3). The cigarette 100 comprises an airflow assembly comprising conduits 35 located between cup holders 31 and lid 33, and a sucking nozzle 4 which consolidates vapors into a single airflow to be vaped ([0033]; Figures 1-3). The heater control circuit board 22 controls the heater 21 in the corresponding atomizing chamber 34 to work, the heating wire 211 is conducted and heated, to heat and atomize the liquid smoke in the liquid guiding component 212 to smoke, the smoke passes through the conduits 5 and the lid 33 to an exterior of the liquid smoke cup 3 and gets into the inner chamber of the sucking cylinder 1, and then passes through the venthole of the sucking nozzle 4 to be inhaled by smoker. Since each atomizing chamber is provided with a heater 21 to atomize the liquid smoke reserved therein, the atomized smoke in each atomizing chamber 34 gets into the inner chamber of the sucking cylinder 1, smokers can correspondingly start the heater 21 in single atomizing chamber 34 through the control switch as they like to atomize the required flavor of liquid smoke, to satisfy the requirement of optionally choosing single, multiple or any combination of several flavor(s) of smoke liquid, if multiple flavors are needed, the required flavors of liquid smoke are atomized by the heaters 21 in their own atomizing chamber 34, and then the smoke with multiple flavors are mixed in the sucking cylinder 1 and inhaled by smokers ([0038]; Figures 1-3). The electronic cigarette sucking rod 90 and the power rod 91 are screwed together by a first connector 5 disposed on the sucking rod 90 and a second connector 6 disposed on the power rod 91 ([0025]; Figure 2 where the first and second connectors 5, 6 are a conductive housing for components in the first and second systems). First connector 5 is made of conductive material, such as iron material. The first connector 5 is provided with a first electrode 57 of the heater and a first insulating sleeve 59 therein; the first electrode 57 of the heater forms a venthole (part of the airflow assembly/second system) at a central portion thereof. The first connector 5 on its inner wall forms inner threads used for engaging with the second connector 6, and is further provided with a locking ring at its inner wall. In the embodiment, the first connector 5 serves as a second electrode (such as positive electrode) of the heater 21 (part of first system/electrical assembly) ([0035]). The second connector 6 and the first connector 5 are matched, the second connector 6 is disposed at a top end of the sheath 910, used for connecting the sucking cylinder 90 with the power rod 91, and is made of conductive materials, such as iron material. The second connector further is provided with a first electrode 67 of the battery therein used for being electrically connected to an electrode (such as negative electrode) of the battery 913 and a second insulating sleeve 69, the first electrode 67 of the battery forms a venthole (part of the airflow assembly/second system) in a central portion thereof, and the first electrode 67 of the battery is mounted to the locking ring of the second connector by means of the second insulating sleeve 69 and insulated from the second connector 6 ([0037]).
Allowable Subject Matter
Claims 1-9 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 11-20 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 an examiner’s statement of reasons for indicating allowable subject matter:
The closest prior art is Liu (US 2014/0060556).
Regarding claims 1-9, Liu discloses a multi-flavored electronic cigarette 100 comprising a sucking cylinder 1 with a hollow inner chamber, a heating device 2, a liquid smoke cup 3 (strain container) configured with multiple atomizing chambers ([0025]-[0026]; Figure 1). The liquid smoke cup 3 (strain container) comprises cup holders 31, a cup tube 32, a lid 33, conduits 35 and liquid storage components 37 (isolated strain chamber), the liquid smoke cup 3 is provided with the atomizing chambers 34 therein used for atomizing the liquid smoke ([0029]; Figures 1-3). The electronic cigarette can have three or more atomizing chambers 34 ([0039]). Each atomizing chamber 34 is provided with a liquid storage component 37 therein adapted for reserving a flavored liquid smoke, and each atomizing chamber 34 is correspondingly provided with a heater 21 (heating agent) therein, each heater 21 is connected to the heater control circuit board 22 (first system including an electrical assembly), and is controlled by a control switch, the control switch is disposed on an outer wall of the electronic cigarette, for starting work of the heater 21 in the atomizing chamber 34 corresponded to the required flavor of liquid smoke ([0038]; Figures 1-3). Liu does not disclose or suggest the liquid smoke cups 3 (strain containers) are positioned between an inner and outer cylinder, that the electrical assembly comprises a prime conductor and at least three tertiary conductors, that the airflow assembly comprises a melted wax holder, a supportive housing comprising a thick first wall, thin first wall, an interior floor, and an internal port, the thick wall having at least three openings running through it, wherein substance activators are installed through the supportive housing openings.
Regarding claims 11-20, Liu discloses the vaping device of claim 10 but does not disclose or suggest that the strain container further comprises an outer cylinder and an inner cylinder, the strain chambers positioned between the cylinders, wherein the electrical assembly further comprises a prime conductor, at least three substance activators, and at least three tertiary conductors, and wherein the airflow assembly further comprises a liquid substance holder and an airflow consolidator.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
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).
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 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.
/KATHERINE A WILL/Primary Examiner, Art Unit 1747