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
Applicant’s election without traverse of Group I (claims 1-15 and 20) in the reply filed on November 6, 2025 is acknowledged. Claims 16-19 are withdrawn from consideration as directed toward a non-elected invention.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. The following limitations are being interpreted as invoking 35 U.S.C. 112(f) because each limitation recites a function and a generic placeholder without reciting sufficient structure for performing the function: “an e-liquid filling assembly,” “a moving assembly,” “a control assembly,” and “a heating system.”
Claim Rejections - 35 USC § 102
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 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 1-6, 8, 10-12, 14-15 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 10,440,989 to Gardella et al. (Gardella).
Regarding claim 1, Gardella discloses an e-liquid filling apparatus (20) configured for providing e-liquid (abstract) to at least one device (cartridges) having a reservoir configured to hold e-liquid, and an e-liquid filling inlet (the inlet of the cartridges) in communication with the reservoir, comprising: a workbench (the surface on which positionable table 21 is mounted can be considered a workbench which holds the cartridges to be filled in the cartridge rack) configured to hold the at least one device; an e-liquid filling assembly (liquid injection mechanism 25) configured to provide e-liquid to the at least one device; a moving assembly (positionable table 21 and gantry 32) configured to adjust a position of a filling portion of the e-liquid filling assembly and the at least one device relative to each other (col. 5, lines 23-49); and a control assembly (the controller and user interface 30; see col. 3, lines 8-22 and col. 12, lines 24-36) configured to control operation of the e-liquid filling apparatus.
Regarding claims 2-4, Gardella discloses the control assembly includes a user interface having a display configured as an input device (the control assembly includes a user interface 30 which has an interactive display; see col. 13, lines 43-46).
Regarding claim 5, Gardella discloses the control assembly is configured to control the moving assembly (the control assembly controls all functions of the apparatus, including the moving assembly).
Regarding claim 6, Gardella discloses the control assembly is configured to monitor and control a heating system (heaters 27 and 29 which are monitored and controlled by the controller).
Regarding claim 8, Gardella discloses the e-liquid filling assembly includes an e-liquid storage container (26), an e-liquid filling head (39), and an e-liquid delivery pipeline (see Fig. 4; the fluid path between the container 26 and filling head 39) providing fluidic communication between the e-liquid storage container and the e-liquid filling head.
Regarding claim 10, Gardella discloses the e-liquid filling assembly includes an e-liquid filling head (39); and wherein the moving assembly includes a Z-axis movement module (gantry 32) configured to move the e-liquid filling head back and forth along a Z-axis to at least partially align the e-liquid filling head with the at least one device (the gantry 32 allows for adjustment in the Z-axis for aligning the filling head with cartridges having different heights).
Regarding claim 11, Gardella discloses the e-liquid filling device further comprises a heating system (heaters 27 and 29) configured to heat at least one portion of the e-liquid filling assembly (the heaters heat at least portions of the filling assembly).
Regarding claim 12, Gardella discloses the control assembly is configured to regulate temperature of at least one portion of the e-liquid filling assembly (the controller operates the heaters which regulate the temperature of at least one portion of the filling assembly).
Regarding claim 14, Gardella discloses the filling portion of the e-liquid filling assembly comprises an e-liquid filling head (39).
Regarding claim 15, Gardella discloses the workbench is configured to hold a rack assembly (tray 22), and the rack assembly is configured to hold the at least one device in position for providing a pre-determined amount of e-liquid to the at least one device (cartridges are held in tray 22 during filling).
Regarding claim 20, Gardella discloses a method for providing e-liquid to at least one device having a reservoir configured to hold e-liquid (the cartridges to be filled), and an e-liquid filling inlet (inlet opening of the cartridges) in communication with the reservoir, comprising: providing an e-liquid filling apparatus (20) comprising a workbench (the surface to which positionable table 21 is mounted); an e-liquid filling assembly (25) configured to provide e-liquid to the at least one device; a moving assembly (table 21 and gantry 32) configured to adjust a filling portion of the e-liquid filling assembly and the at least one device relative to each other; and a control assembly (the controller and user interface 30) configured to control operation of the e-liquid filling apparatus; configuring the control assembly to fill the at least one device with e- liquid, including setting a pre-determined amount of e-liquid the e-liquid filling assembly provides to the at least one device (the controller is configured to operate the apparatus to deliver a pre-determined amount of e-liquid); positioning the at least one device in a rack assembly configured to hold the at least one device (cartridges are positioned in tray 22 for filling); operationally engaging the rack assembly with the workbench (see Fig. 2); and filling the at least one device with the pre-determined amount of e- liquid (when the filling assembly is operated to fill the desired amount of liquid to the reservoir).
Claim Rejections - 35 USC § 103
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.
Claims 9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Gardella.
Regarding claim 9, Gardella discloses the e-liquid filling assembly includes an e-liquid filling head (39); and wherein the moving assembly includes a Y-axis movement module configured to move the cartridge rack back and forth along a Y-axis to at least partially align the e-liquid filling head with the at least one device. Gardella does not disclose the Y-axis movement module moves the filling head relative to the cartridges. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configured the Y-axis movement module to move the filling head relative to the cartridges rather than moving the cartridges relative to the filling head, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04(VI)(A).
Regarding claim 13, Gardella discloses the e-liquid filling assembly includes an e-liquid filling head (39); and wherein the moving assembly includes a Z-axis movement module (gantry 32) configured to move the e-liquid filling head back and forth along a Z-axis to at least partially align the e-liquid filling head with the at least one device (the gantry 32 allows for adjustment in the Z-axis for aligning the filling head with cartridges having different heights). Gardella does not disclose the Z-axis movement module configured to move the workbench along the Z-axis. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to configured the Z-axis movement module to move the workbench relative to the filling assembly rather than moving the filling assembly relative to the workbench, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04(VI)(A).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Gardella in view of US Patent 10,759,554 to Sebastian et al. (Sebastian).
Regarding claim 7, Gardella does not disclose the workbench includes a clamp assembly configured for holding the at least one device in position for providing a pre-determined amount of e-liquid to the at least one device. Sebastian teaches an apparatus for filling containers which includes a clamp assembly (suction cups 146) for holding the containers in position during filling. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included a clamp assembly as taught by Sebastian in the apparatus of Gardella to hold the cartridges in position during filling, to prevent undesired movement of the cartridge which could cause spillage of the product and/or damage to the filling apparatus.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and claimed invention.
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/NICOLAS A ARNETT/Primary Examiner, Art Unit 3753 November 17, 2025