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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/03/2023, 06/07/2023, 08/02/2023, 10/25/2023, 12/21/2023, 05/29/2024, 02/10/2025, and 03/18/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-24 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 11641882.
Although the claims at issue are not identical, they are not patentably distinct from each other.
Present application 18295038
U.S. Patent No. 11641882
1. A battery section of an electronic vaping device, the battery section comprising: a power supply; a control circuit; and a conductive contact assembly at an end of the battery section, the conductive contact assembly electrically connecting the power supply and the control circuit, and the conductive contact assembly being configured to receive external power and to receive a touch input command, wherein the conductive contact assembly includes a first contact and a second contact, and the second contact is insulated from a conductive portion of the first contact.
2. The battery section of claim 1, wherein the first contact is arranged at the end of the battery section, the first contact includes the conductive portion and a non-conductive portion, the conductive portion extends transverse to a longitudinal axis of the battery section, the non-conductive portion extends about a perimeter of the conductive portion, the second contact extends about a perimeter of the first contact, and the second contact at least partially overlaps the non-conductive portion.
3. The battery section of claim 1, wherein the first contact is configured as a charge anode when the external power is received by the conductive contact assembly; the second contact is configured as a charge cathode when the external power is received by the conductive contact assembly; and the control circuit includes a switch configured to electrically separate the charge cathode from a common ground plane.
4. The battery section of claim 1, wherein the first contact includes the conductive portion and a non-conductive portion, and the second contact is insulated from the conductive portion by the non-conductive portion.
5. The battery section of claim 4, wherein the second contact extends about a perimeter of the non-conductive portion.
6. The battery section of claim 1, wherein the conductive contact assembly comprises: an end cap housing including at least one slot, the end cap housing configured to hold the first contact.
7. The battery section of claim 6, wherein the conductive contact assembly includes at least one tab extending along a longitudinal axis of the battery section, the at least one tab configured to engage with the at least one slot.
8. The battery section of claim 1, wherein at least a portion of the conductive contact assembly is magnetic.
9. The battery section of claim 1, wherein, based on an operating mode of the control circuit, the control circuit is configured to either (i) charge the power supply through the conductive contact assembly or (ii) monitor the conductive contact assembly for the touch input command.
10. The battery section of claim 1, wherein the control circuit is configured to one of (i) charge the power supply through the conductive contact assembly or (ii) monitor the conductive contact assembly for the touch input command.
11. The battery section of claim 10, wherein the control circuit is configured to disable charging of the power supply when monitoring the conductive contact assembly for the touch input command.
12. The battery section of claim 10, wherein the control circuit is configured to disable monitoring of the conductive contact assembly for the touch input command when charging of the power supply is enabled.
13. An electronic vaping device comprising: a power supply; a control circuit; a reservoir configured to hold a pre-vapor formulation; a heater configured to heat pre-vapor formulation drawn from the reservoir, the heater electrically connected to the power supply; and a conductive contact assembly at an end of the electronic vaping device, the conductive contact assembly electrically connecting the power supply and the control circuit, and the conductive contact assembly being configured to receive external power and to receive a touch input command, wherein the conductive contact assembly includes a first contact and a second contact, and the second contact is insulated from a conductive portion of the first contact.
14. The electronic vaping device of claim 13, wherein the first contact is at the end of the electronic vaping device, the first contact includes the conductive portion and a non-conductive portion, the conductive portion extends transverse to a longitudinal axis of the electronic vaping device, the non-conductive portion extends about a perimeter of the conductive portion, the second contact extends about a perimeter of the first contact, and the second contact at least partially overlaps the non-conductive portion.
15. The electronic vaping device of claim 13, wherein the first contact is configured as a charge anode when the external power is received by the conductive contact assembly; the second contact is configured as a charge cathode when the external power is received by the conductive contact assembly; and the control circuit includes a switch configured to electrically separate the charge cathode from a common ground plane.
16. The electronic vaping device of claim 13, wherein the first contact includes the conductive portion and a non-conductive portion, and the second contact is insulated from the conductive portion by the non-conductive portion.
17. The electronic vaping device of claim 16, wherein the second contact extends about a perimeter of the non-conductive portion.
18. The electronic vaping device of claim 13, wherein the conductive contact assembly comprises: an end cap housing including at least one slot, the end cap housing configured to hold the first contact.
19. The electronic vaping device of claim 18, wherein the conductive contact assembly includes at least one tab extending along a longitudinal axis of the electronic vaping device, the at least one tab configured to engage with the at least one slot.
20. The electronic vaping device of claim 13, wherein at least a portion of the conductive contact assembly is magnetic.
21. The electronic vaping device of claim 13, wherein, based on an operating mode of the control circuit, the control circuit is configured to either (i) charge the power supply through the conductive contact assembly or (ii) monitor the conductive contact assembly for the touch input command.
22. The electronic vaping device of claim 13, wherein the control circuit is configured to one of (i) charge the power supply through the conductive contact assembly or (ii) monitor the conductive contact assembly for the touch input command.
23. The electronic vaping device of claim 22, wherein the control circuit is configured to disable charging of the power supply when monitoring the conductive contact assembly for the touch input command.
24. The electronic vaping device of claim 22, wherein the control circuit is configured to disable monitoring of the conductive contact assembly for the touch input command when charging of the power supply is enabled.
1. A battery section of an electronic vaping device, the battery section comprising: a power supply; a control circuit; and a conductive contact assembly at an end of the battery section, the conductive contact assembly electrically connecting the power supply and the control circuit, the conductive contact assembly configured to receive external power and a touch input command, and the conductive contact assembly including a first contact forming an end wall of the battery section, the first contact having a first conductive portion and a first non-conductive portion, the end wall extending transverse to a longitudinal axis of the battery section, and the first non-conductive portion extending about a perimeter of the first conductive portion, and a second contact extending about a perimeter of the end wall of the battery section, the second contact at least partially overlapping the first non-conductive portion.
2. The battery section of claim 1, wherein the first contact is configured as a charge anode when the external power is received by the conductive contact assembly; the second contact is configured as a charge cathode when the external power is received by the conductive contact assembly; and the control circuit includes a switch configured to electrically separate the charge cathode from a common ground plane.
3. The battery section of claim 1, wherein the second contact is insulated from the first conductive portion by the first non-conductive portion.
4. The battery section of claim 1, wherein the first contact and the second contact are ring-shaped.
5. The battery section of claim 1, wherein the conductive contact assembly comprises: an end cap housing including at least one slot, the end cap housing configured to hold the first contact.
6. The battery section of claim 5, wherein the second contact includes at least one tab extending along the longitudinal axis of the battery section, the at least one tab configured to engage with the at least one slot.
7. The battery section of claim 1, wherein the first contact, the second contact, or both the first contact and the second contact, are magnetic.
8. The battery section of claim 1, wherein the second contact extends about the perimeter of the first non-conductive portion of the first contact.
9. The battery section of claim 1, wherein, based on an operating mode of the control circuit, the control circuit is configured to either (i) charge the power supply through the first contact or (ii) monitor the first contact and the second contact for the touch input command.
10. The battery section of claim 1, wherein the control circuit is configured to one of (i) charge the power supply through the first contact or (ii) monitor the first contact and the second contact for the touch input command.
11. The battery section of claim 10, wherein the control circuit is configured to disable charging of the power supply when monitoring the first contact and the second contact for the touch input command.
12. The battery section of claim 10, wherein the control circuit is configured to disable monitoring of the first contact and the second contact for the touch input command when charging of the power supply is enabled.
13. An electronic vaping device comprising: a power supply; a control circuit; a conductive contact assembly at an end of the electronic vaping device, the conductive contact assembly electrically connecting the power supply and the control circuit, the conductive contact assembly configured to receive external power and a touch input command, and the conductive contact assembly including a first contact forming an end wall of the electronic vaping device, the first contact having a first conductive portion and a first non-conductive portion, the end wall extending transverse to a longitudinal axis of the electronic vaping device, and the first non-conductive portion extending about a perimeter of the first conductive portion, and a second contact extending about a perimeter of the end wall of the electronic vaping device, the second contact at least partially overlapping the first non-conductive portion; a reservoir configured to contain a pre-vapor formulation; and a heater configured to heat pre-vapor formulation drawn from the reservoir, the heater electrically connected to the power supply.
14. The electronic vaping device of claim 13, wherein the first contact is configured as a charge anode when the external power is received by the conductive contact assembly; the second contact is configured as a charge cathode when the external power is received by the conductive contact assembly; and the control circuit includes a switch configured to electrically separate the charge cathode from a common ground plane.
15. The electronic vaping device of claim 13, wherein the second contact is insulated from the first conductive portion by the first non-conductive portion.
16. The electronic vaping device of claim 13, wherein the first contact and the second contact are ring-shaped.
17. The electronic vaping device of claim 13, wherein the conductive contact assembly comprises: an end cap housing including at least one slot, the end cap housing configured to hold the first contact.
18. The electronic vaping device of claim 17, wherein the second contact includes at least one tab extending along the longitudinal axis of the electronic vaping device, the at least one tab configured to engage with the at least one slot.
19. The electronic vaping device of claim 13, wherein the first contact, the second contact, or both the first contact and the second contact, are magnetic.
20. The electronic vaping device of claim 13, wherein the second contact extends about the perimeter of the first non-conductive portion.
21. The electronic vaping device of claim 13, wherein, based on an operating mode of the control circuit, the control circuit is configured to either (i) charge the power supply through the first contact or (ii) monitor the first contact and the second contact for the touch input command.
22. The electronic vaping device of claim 13, wherein the control circuit is configured to one of (i) charge the power supply through the first contact or (ii) monitor the first contact and the second contact for the touch input command.
23. The electronic vaping device of claim 22, wherein the control circuit is configured to disable charging of the power supply when monitoring the first contact and the second contact for the touch input command.
24. The electronic vaping device of claim 22, wherein the control circuit is configured to disable monitoring of the first contact and the second contact for the touch input command when charging of the power supply is enabled.
Allowable Subject Matter
Allowance of claims 1-24 is indicated if: the Terminal Disclaimer is filed that overcomes the Double Patenting Rejection above.
The following is a statement of reasons for allowance:
The independent claims 1 and 13 contain the allowable subject matter, that is similar the allowable subject matter in the Parent Cases.
Regarding claim 1, the prior art in the record does not anticipate or render fairly obvious in combination to teach the limitation as cited in the claim, such as a conductive contact assembly at an end of the battery section, the conductive contact assembly electrically connecting the power supply and the control circuit, and the conductive contact assembly being configured to receive external power and to receive a touch input command.
Regarding claim 13, the prior art in the record does not anticipate or render fairly obvious in combination to teach the limitation as cited in the claim, such as a conductive contact assembly at an end of the electronic vaping device, the conductive contact assembly electrically connecting the power supply and the control circuit, and the conductive contact assembly being configured to receive external power and to receive a touch input command.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Takahashi et al. (US 2014/0184165 A1) discloses “Power storage device and power storage system”.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG T NGUYEN whose telephone number is (571)270-1834. The examiner can normally be reached 9.00am-5.00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached on 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHUONG T NGUYEN/Primary Examiner, Art Unit 3761
01/25/2026