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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "2" and "20" have both been used to designate cartridge assemblies. In paragraph 30, “2” should be corrected to “20” in order to match figure 4. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: paragraph 2 of specification, “doubt cartridges” should be corrected to “double cartridges”, and “another e-cigarettes” should be corrected to “other e-cigarettes”. In paragraph 4, “he is not smoking state” should be corrected to “he is not in a smoking state”. In paragraph 28, “it provides an dual flavor” should be corrected to “it provides a dual flavor”. In paragraph 39 both the first and second groove are referred to with “122”. The second groove should be relabeled to “123” to match figure 4
Appropriate correction is required.
Claim Interpretation
The term microphone switch is not commonly used in the art, but is used in the specification and in claim 5. Microphone switch will be interpreted as indicated in the specification as an air flow trigger switch.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over US 20230094447 A1 (Gawdiak-Smyth), and further in view of both US 20210401032 A1 (Liu 2021) and US 20230041459 A1 (Tucker), as evidence by US 20180206551 A1 (Liu 2018).
Regarding claim 1, Gawdiak-Smyth teaches a electronic cigarette (2) with a body (4) and the body (4) of the electronic cigarette (2) houses two consumable cartridges (8) in a cartridge cavity therein (paragraph 30; figures 1 & 8). Gawdiak-Smyth does not teach two pairs of bearing assemblies, each comprises a first bearing and a second bearing; and, two stress-reducing cylinders, arranged in said housing; where both stress-reducing cylinders respectively contain one of said two cartridge assemblies, two pairs of bearing assemblies respectively correspond with one of said two stress-reducing cylinders, and first bearing and said second bearing are respectively arranged at an upper part and a lower part of said stress-reducing cylinder and movably connected therewith; each of said two stress-reducing cylinders is rotated separately by applying force.
Tucker teaches an electronic cigarette (60) that includes a sleeve assembly (87) removably and/or rotatably positioned about a first section (70) of the electronic cigarette (70). The sleeve assembly is rotatable about the electronic cigarette (70) and includes spaced apart slots (88) arranged transversely about the sleeve assembly such that the slots (88) line up with air inlets (44, 44’) in the first section (70) to allow air to pass into the electronic cigarette (60) when a smoker draws a puff (paragraph 100; figure 18).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the dual cartridge electronic cigaretteof Gawdiak-Smyth to have rotatable sleeves around each cartridge as suggested by Tucker, with reasonable expectation of success, because Tucker indicates that rotating the sleeve assembly such that air inlets are at least partially blocked by the sleeve assembly allows the user to adjust the resistance to draw and/or ventilation of the electronic cigarette if desired (paragraph 100). Since the cartridges of Gawdiak-Smyth are within the housing and accessible by the user, it would be obvious to place the rotatable sleeves in the housing around the cartridges when modifying Gawdiak-Smyth to have rotatable sleeves around the cartridges. The sleeves can be interpreted as stress-reducing cylinders, inside the housing, that contain one of the two cartridge assemblies, and can be rotatable separately by applying force.
Gawdiak-Smyth modified by Tucker teaches a dual cartridge e-cigarette with separately rotatable sleeves. Gawdiak-Smyth modified by Tucker does not teach two pairs of bearing assemblies, each comprises a first bearing and a second bearing; and the two pairs of bearing assemblies respectively correspond with one of said two stress-reducing cylinders, said first bearing and said second bearing are respectively arranged at an upper part and a lower part of said stress-reducing cylinder and movably connected therewith. Liu 2021 teaches an upper and lower bearing for rotating a rotating shaft involved in filtering smoke generated in a hookah. The lower bearing (10) is disposed in the bottom end of the rotating shaft (7). The upper bearing (3) is disposed in the bearing cover (4) and the bearing cover (4) is disposed on the bottom end of the mouthpiece (2) (paragraph 23; figures 1 & 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the e-cigarette of Gawdiak-Smyth modified by Tucker, with the upper and lower bearings of Liu 2021 corresponding to the rotating sleeves, with reasonable expectation of success, because Liu 2018 indicates that bearings can reduce a friction coefficient between the rotating shaft and the fixed sleeve, it facilitates a rotation of the rotating shaft, and increases a service life of the rotating shaft (paragraph 93). It would be obvious to include bearings on both rotating cylinders (see MPEP 2144 (VI) (B) duplication of parts) in order to reduce friction and facilitate rotation.
Regarding claim 2, Gawdiak-Smyth modified by Liu 2021 and Tucker teaches an electronic cigarette as described in claim 1. Gawdiak-Smyth further teaches that the heating elements (46), contained in the cartridge (8), heat the consumable to provide a vapor. The heating elements are preferably a porous ceramic heating element (paragraph 34; figure 7). And that within the cartridge, the consumable is contained the chamber (40) (paragraph 34; figure 7).
Regarding claim 3, Gawdiak-Smyth modified by Liu 2021 and Tucker teaches an electronic cigarette as described in claim 2. Liu 2021 further teaches that the upper bearing (3) is disposed in the bearing cover (4) (paragraphs 22 – 23; figures 1 & 3). The bearing cover is annular and the top side abuts the bottom of the upper bearing so the bearing cover can be interpreted as the first limiting ring. The rotating shaft (7) is also somewhat annular, and according to figures 1 & 5, its bottom wall abuts the top of the lower bearing (10). As both the bearing cover and rotating shaft are annular and limit movement of the upper and lower bearings, they can be considered the first and second limiting rings. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the e-cigarette of Gawdiak-Smyth modified by Tucker and Liu 2021, with the first and second limiting rings of Liu 2021 because the limiting rings help to maintain the bearings in place and ensure the bearings improve movement between parts.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over US 20230094447 A1 (Gawdiak-Smyth), US 20210401032 A1 (Liu 2021) and US 20230041459 A1 (Tucker) as applied to claim 1 above, and further in view of CN 113786007 A (Guo 2021).
Gawdiak-Smyth modified by Liu 2021 and Tucker teaches an e-cigarette as described in claim 1. Gawdiak-Smyth does not teach that an outer side wall of the housing is provided with two notches corresponding to the two stress-reducing cylinders. Guo teaches an aerosol generating device with rotatable cartridges and two notches or grooves on the side of the housing to provide access to the cartridge rotation cylinder (paragraphs 40 – 41 of translation; figures 1, 2 & 3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the dual cartridge electronic cigarette of Gawdiak-Smyth modified by Liu 2021 and Tucker, with the notches in the housing of Guo, with reasonable expectation of success, because Guo indicates that when the rotating wheel is exposed within the rotation groove (121) on the side wall of the housing, this allows the user to operate the rotating wheel while holding the housing, thus improving the ease of use of the product (paragraph 73 of translation).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over US 20230094447 A1 (Gawdiak-Smyth), US 20210401032 A1 (Liu 2021) and US 20230041459 A1 (Tucker) as applied to claim 2 above, and further in view of both US 20210251286 A1 (Taurino) and US 20220354168 A1 (Stuart).
Gawdiak-Smyth modified by Liu 2021 and Tucker teaches an e-cigarette as described by claim 2. Gawdiak-Smyth modified by Liu 2021 and Tucker does not teach that the bottom of the housing is provided with two ventilation holes, and bottoms of the two cigarette assemblies are respectively provided with a ventilation pipe; a bottom of said ventilation pipe is communicated with said ventilation hole, a top of said ventilation pipe is inserted into said bottom of said atomizing core, and a microphone switch is provided between the ventilation pipe and ventilation hole. Taurino teaches a cartridge (100) comprising a first compartment (102) having a first air inlet (104) and a first outlet (106). The cartridge further comprises a second compartment (110) having a second air inlet (112) and a second air outlet (114) (paragraph 92; figure 1). Figure 1 further shows a pipe structure connecting the cap apertures (132/136) with the cartridge atomization core inlets (104/112).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the dual cartridge electronic cigarette of Gawdiak-Smyth modified by Liu 2021 and Tucker with the dual air inlets and pipes of Taurino, with reasonable expectation of success, because dual air inlets allow the user the option of separately operable cartridges.
Gawdiak-Smyth modified by Liu 2021 Tucker and Taurino teaches a dual cartridge electronic cigarette with one air inlet per cartridge. Gawdiak-Smyth modified by Liu 2021, Tucker and Taurino does not teach that a microphone switch is provided between the ventilation pipe and the ventilation hole. Stuart teaches an aerosol generator selector (80) as a physical means for allowing the air to pass through either the first air passage (70a) or the second air passage (70b). The aerosol generator selector (80) may comprise a valve that is controllable via a mechanical switch (82) to physically move a valve (paragraph 227; figures 8a – 10b). Figure 7 shows the “microphone switch” between the ventilation pipe and the ventilation hole.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the dual cartridge electronic cigarette of Gawdiak-Smyth modified by Liu 2021, Tucker and Taurino with the microphone switch of Stuart, with reasonable expectation of success, because Stuart indicates that the aerosol delivery system comprising an aerosol generator selector configures the aerosol delivery system to selectively operate the first aerosol generator alone, and/or the second aerosol generator alone (paragraph 23). The rotatable sleeve and air inlets of Tucker allow for a second level of control of activation of aerosol generators and draw resistance.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over US 20230094447 A1 (Gawdiak-Smyth), US 20210401032 A1 (Liu 2021) and US 20230041459 A1 (Tucker), US 20210251286 A1 (Taurino) and US 20220354168 A1 (Stuart) as applied to claim 5 above, and further in view of US 20200229492 A1 (Wilson).
Gawdiak-Smyth modified by Liu 2021, Tucker, Taurino and Stuart teaches an e-cigarette as described in claim 5. Gawdiak-Smyth modified by Liu 2021, Tucker, Taurino, and Stuart does not teach that the bottom of the housing is provided with a connecting groove, and both ventilation holes are arranged in said connecting groove, a pick is accommodated in said connecting groove and slidable therein to close one of said ventilation holes. Wilson teaches a slider which is configured to move horizontally, or more specifically, along a first axis parallel to a bottom end (107) of the vaporizer (100). The first operating mode may be selected when the slider (106) is aligned with the first cartridge (102), the second operating mode may be selected when the slider (106) is aligned with the second cartridge (104) (paragraph 44; figure 2). Additionally, figure 2 displays a groove on the bottom of the vape where the pick is resting.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the dual cartridge electronic cigarette of Gawdiak-Smyth modified by Liu 2021, Tucker, Taurino and Stuart with the connecting groove and pick at the bottom of the device of Wilson, with reasonable expectation of success, because Wilson indicates that the selection device may be configured for switching or toggling between a first position corresponding to a selection of the first operating mode (activating one cartridge), a second position corresponding to a second operating mode (operating the second cartridge), and a third position corresponding to activation of a third operating mode (operating both cartridges) (paragraph 44).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US 20230094447 A1 (Gawdiak-Smyth), US 20210401032 A1 (Liu 2021) and US 20230041459 A1 (Tucker) as applied to claim 1 above, and further in view of US 20250248453 A1 (Xu).
Gawdiak-Smyth modified by Liu 2021 and Tucker teaches an e-cigarette as described in claim 1. Gawdiak-Smyth modified by Liu 2021 and Tucker does not teach that the bottom of the housing is provided with a connecting hole, a middle of said pick is provided with a connecting rod, arranged in said connecting hole to move therein. Xu teaches an aerosol generating device with a sliding switch for managing device airflow. A sliding slot (32b) is provided on the end surface of the bottom cover (81b), a strip-shaped opening (33b) is provided in the sliding slot (32b), and the sliding switch (75b) includes an operating member and a protruding sliding column (paragraph 144; figures 24 – 28).
[AltContent: textbox (Figure 1 – figure 25 from Xu 2025. The connecting rod of the pick is circled and the arrow points to the connecting hole.)]
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It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the dual cartridge electronic cigarette of Gawdiak-Smyth modified by Liu 2021, and Tucker with the pick, connecting rod and connecting hole of Xu, with reasonable expectation of success, because Xu indicates that moving the pick across the connecting hole allows the user to block the air inlets so that the airflow channel and the air hole of the electronic atomizing device are both in a closed state. Even if the user inhales hard, the external airflow cannot enter the electronic atomization device, so that the electronic atomization device is in a child lock state (paragraph 145).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over US 20230094447 A1 (Gawdiak-Smyth), US 20210401032 A1 (Liu 2021) and US 20230041459 A1 (Tucker) as applied to claim 1 above, and further in view of US 20220022546 A1 (Inagaki 2022).
Gawdiak-Smyth modified by Liu 2022 and Stuart teaches an e-cigarette as described in claim 1. Gawdiak-Smyth modified by Liu 2022 and Stuart does not teach that the top of the housing is provided with a cigarette holder, and said cigarette holder is provided with a hole, a first groove, and two second grooves, in sequence from a top surface to a bottom thereof, tops of said two second grooves are both connected to said first groove, and bottoms of said two second grooves are respectively connected to tops of said two atomizing cores so that smoke can flow through said atomizing cores, said second grooves, and said first groove in sequence and finally flow out of said housing from said cigarette holder. Inagaki teaches an e-cigarette with a mouthpiece (3) that has a passage (second passage) (7) through which to pass the aerosol (11) generated from the atomization unit (5). The two second passages (7) join into a single passage immediately before reaching the discharge port (3a) located at the top end of the mouthpiece (3) (paragraph 39; figure 2). The second passages (7) can be considered the second groove while the first groove would be where the second passages meet and combine and lead to the mouthpiece (3).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the dual cartridge electronic cigarette of Gawdiak-Smyth, Liu 2021 and Tucker with the cigarette holder and grooves/air passageway of Inagaki, with reasonable expectation of success, because Inagaki indicates that bringing aerosols into contact with wall surfaces with some curvature can cause particles in the aerosol to be deposited or reduced, and their particle size adjusted. This allows the user to smoothly inhale the aerosol without experiencing discomfort in the throat caused by components contained in the aerosol (paragraph 42).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brendon Juengst whose telephone number is (571)272-8750. The examiner can normally be reached Mon-Fri 8:30-5.
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/BRENDON THOMAS JUENGST/Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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