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 .
Response to Arguments
Applicant’s amendments/arguments, see pages 2 and 7, filed 11/13/25, with respect to claim 1 have been fully considered and are persuasive. The 103 rejections of claim 1 and its dependents claims have been withdrawn.
Applicant's arguments filed 11/13/25 have been fully considered but they are not persuasive. Applicant has argued
(a)
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(b)
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(c)
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(d)
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(e)
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(f)
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(g)
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As for argument (a), the applicant has not claimed the transitional phrase “consisting of”, but has instead claimed “comprising”. As noted by MPEP 2111.03, comprising allows for more features than claimed. The applicant further has not claimed “only a single vaporizing device” is held in the holder, so the applicant’s arguments do not match their claims. It is further noted that both Liu and Leadley can certainly hold only one [i.e. single] vaporizing device, but they are capable of holding 2 or more. In light of these considerations, the applicant’s arguments are respectfully refuted.
As for argument (b), by further zooming in on the image of Fig. 5 for element 21, one of ordinary skill in the art can see that the element 21’s interior presents a series of incomplete circles (i.e. semicircles) through which the vaporizing device[s] would pass when placed inside the cigarette device. In light of this fact, the applicant’s arguments are respectfully refuted.
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The examiner notes that the applicant did not seem to make a similar argument over Leadley. 131 in Fig. 7 similarly presents an incomplete circle (i.e.semicircle)
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As for argument (c), the examiner will address argument (f) at the same time, as they are covering the same concept. Namely, why placing a device like a cylinder in something vertically (where the hole/holding-area only covers the smaller thick/flat portion) would be more difficult than placing something horizontally (where the hole/holding-area covers the longer curved portion/length). The applicant has argued that common sense of mounting something in a larger hole is easier than mounting something in a smaller hole. Examiner invites applicant to take a cylindrical battery (e.g. AA), and try to place it in flashlight where the battery drops in the small hole at the back (which are still widely in use, and have been for decades prior to the priority date of this application; analogous in shape to the Liu and Leadley placement of their battery containing e-cigs), compared to placing an AA battery in a charger like that of Huang. It is simply easier to do so, see MPEP 2144.03. One of ordinary skill in the art understands that maneuvering something of size A in a smaller hole is more difficult than maneuvering something of size A into a larger hole. Therefore, the applicant’s arguments are respectfully refuted.
If the applicant would like further support for the rationale, Drilldo provides evidence that horizontal placement of cylinders into a holding device is easier than vertical, where Aapossien’s picture shows analogous structure to both Liu/Leadley [right] and Huang/Schennum[hereinafter Sche] [left]. As the battery/vaporizing devices of the instant application & prior art references are cylindrical in shape, this support for commonly understood knowledge is analogous to the instant application. Drilldo’s citation is ( “Need ideas for cylinder holder on trailer,” Drilldo & Aapossien [posts 5 & 6], Weilding Design and Fabrication, Published online Aug 5 2016, Accessed Online Jan 31 2026, https://www.weldingweb.com/threads/need-ideas-for-cylinder-holder-on-trailer.628641/ )
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As for argument (d), the examiner will address arguments (e) and (g) at the same time, as they are covering the same concept. The issue being solved was not the charging operation for the vaporizing devices. Those concepts were met by the primary references in Liu and Leadley. The issue being solved was holding the single vaporizing device. Unlike Claim 1 which has clearly linked the holding operation to method of holding the device, Claims 18 and 25 do not. The modification being sought for Liu and Leadley is for holding devices of analogous shapes. Liu, Leadley, and the present application disclose holding substantially cylindrical e-cig/vaporizing devices with internal batteries. A holding device for a substantially cylindrical cigarette in Sche was presented. A holding device for a substantially cylindrical battery in Huang was presented. Both references are therefore analogous in solving the problems of Liu and Leadley in that they present easier methods to hold the substantially cylindrical devices. Therefore, the applicant’s arguments are respectfully refuted.
Examiner will circle back to applicant’s argument (e), where the applicant states the holder of Huang is not semicircular, but more rectangular. Figs. 1 and 5 demonstrate that this argument is not convincing, as is clear below, the shape is more trapezoidal than rectangular. As one of ordinary skill in the art understands, a trapezoidal shape is substantially semicircular in shape, and much closer to a semicircle than a rectangular shape.
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The rejections in view of Alarcon are withdrawn due to the applicant presenting the 102(b) exception in their arguments. Claim objections are withdrawn due to the amendments.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 18, 20-22, 24, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (USPGPN 20140007892) in view of Schennum et al (USPGPN 20160101909, hereinafter Sche).
Independent Claim 18, Liu teaches a vaporizing system (Figs. 1-6), comprising:
a substantially rectangular charging case (100 with body 10) and a single vaporizing device having a curved first longitudinal side surface (cigarette 50, extra vapor cartridges 51, and 50’s battery rod 52; examiner notes applicant used comprising, which is open ended, and did not specify that only one vaporizing device can be held, and while Liu shows only one vaporizing device [including battery], it shows it can [but not must] hold extra vaporizing portions [excluding battery]);
a semicircular holder at a front side of the charging case (21, shown as a semicircular holder which does not complete the circle, i.e. a semicircle, but also part 22/23 represents a full circle, which one of ordinary skill in the art understands, meets the requirements of a semicircle under comprising transitional phrase as it includes a full circle, and the examiner further notes to the applicant that they did not claim the holder covers the entire length of the curved longitudinal side), the semicircular holder configured to receive the curved first longitudinal side surface of the single vaporizing device, to hold the vaporizing device on the charging case (compare Figs. 1-5, esp. 1, 4, & 5);
the charging case containing a rechargeable case battery (30/31, see ¶’s [24, 27]);
the vaporizing device having a rechargeable device battery (¶[27] describes 31 being connected to 40 showing two terminals/contacts in Fig. 5, which then connects the output power to battery 52);
a plurality of case charging contacts on the charging case configured to make electrical contact with device charging contacts on the vaporizing device, when the curved first longitudinal side of the vaporizing device is held in the semicircular holder, for charging the device battery (see Fig. 5 & ¶[27] which describes electrical contacts 33 connecting directly with atomizer/ vaporizer device electrical contacts of 50, as a person having ordinary skill in the art would understand);
a second side surface of the vaporizing device, opposite the curved first longitudinal side surface, not covered by the charging case when the vaporizing device is in the holder (when the lid is open, at least a portion of this side is uncovered and exposed, as one of ordinary skill in the art would understand); and
a first end of the vaporizing device (51 has tubular body, ¶[27] describes 51 including an atomizer, i.e. a vaporizer for the smoke media, i.e. vapor material/media) configured to receive a replaceable source of vapor material (see Figs. 3-5, 51 being the replaceable source of vapor medium/material);
a connector at a bottom end of the charging case electrically connected with the charging case battery to electrically connect the charging case with an external circuit (¶[28], 41); and
an LED indicator in the charging case configured to provide a visual indication of an operating parameter (14, ¶’s [25, 31]).
Liu fails to explicitly teach the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device (to advance prosecution, it is arguable that 21 has an open edge between areas for holding the e-cigs, but it is not shown in the same was as the applicant shows in their Figs. [7A-8D, esp. 7A-7D]). Liu is further silent to the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device and for holding an entire length of the curved first longitudinal side surface of the single device.
Sche teaches the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single vaporizing device and the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device and for holding an entire length of the curved first longitudinal side surface of the single device (Figs. [1a-10, esp. 1b, 4, 8a], ¶’s [39, 42, 59, 80]).
One of ordinary skill in the art understands that by having the horizontal opening, rather than a vertical opening of Liu, it serves to improve the ease by which the e-cig can be extracted.
It would have been obvious to one of ordinary skill in the art to modify Liu with Sche to provide improved ease.
Independent Claim 25, Liu teaches a charging case system (Figs. 1-6), comprising:
a charging case (100 with body 10) and a single vaporizing device (cigarette 50, extra vapor cartridges 51, and 50’s battery rod 52; examiner notes applicant used comprising, which is open ended, and did not specify that only one vaporizing device can be held, and while Liu shows only one vaporizing device [including battery], it shows it can [but not must] hold extra vaporizing portions [excluding battery]) having a curved first longitudinal side surface (see Figs. 4 & 5 for the shape);
a semicircular holder on the charging case (21, shown as a semicircular holder which does not complete the circle, i.e. a semicircle, but also part 22/23 represents a full circle, which one of ordinary skill in the art understands, meets the requirements of a semicircle under comprising transitional phrase as it includes a full circle, and the examiner further notes to the applicant that they did not claim the holder covers the entire length of the curved longitudinal side), the semicircular holder configured to receive and hold the curved first longitudinal side surface of the single vaporizing device(compare Figs. 1-5, esp. 1, 4, & 5);
the charging case containing a rechargeable case battery (30/31, see ¶’s [24, 27]);
the single vaporizing device having a rechargeable device battery (¶[27] describes 31 being connected to 40 showing two terminals/contacts in Fig. 5, which then connects the output power to battery 52);
a plurality of case charging contacts in the charging case configured to make electrical contact with device charging contacts in the single vaporizing device, when the single vaporizing device is in the semicircular holder, for charging the device battery (see Fig. 5 & ¶[27] which describes electrical contacts 33 connecting directly with atomizer/ vaporizer device electrical contacts of 50, as a person having ordinary skill in the art would understand);
a second side surface of the vaporizing device, opposite the curved first longitudinal side surface, not covered by the charging case when the vaporizing device is in the holder (when the lid is open, at least a portion of this side is uncovered and exposed, as one of ordinary skill in the art would understand);
the single vaporizing device comprising a substantially tubular body (51 has tubular body, ¶[27] describes 51 including an atomizer, i.e. a vaporizer for the smoke media, i.e. vapor material/media) having a first end configured to receive a replaceable source of vapor material (see Figs. 3-5, 51 being the replaceable source of vapor medium/material);
wherein a length of the charging case is substantially the same as a length of the curved first longitudinal side surface (see Figs. 1-5);
a connector at a bottom end of the charging case electrically connected with the charging case battery to electrically connect the charging case with an external circuit (¶[28], 41); and
an LED indicator in the charging case configured to provide a visual indication of an operating parameter (14, ¶’s [25, 31]).
Liu fails to explicitly teach the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device by moving the single device onto the semicircular holder in a direction perpendicular to a longitudinal axis of the single device, the semicircular holder configured to receive and hold the curved first longitudinal side surface of the single device.
Sche teaches the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device by moving the single device onto the semicircular holder in a direction perpendicular to a longitudinal axis of the single device, the semicircular holder configured to receive and hold the curved first longitudinal side surface of the single device (Figs. [1a-10, esp. 1b, 4, 8a], ¶’s [39, 42, 59, 80]).
One of ordinary skill in the art understands that by having the horizontal opening, rather than a vertical opening of Liu, it serves to improve the ease by which the e-cig can be extracted.
It would have been obvious to one of ordinary skill in the art to modify Liu with Sche to provide improved ease.
Dependent Claim 20, Liu teaches the vaporizing device and the charging case have substantially the same length (see Figs. 1-5).
Dependent Claim 21, Liu teaches the charging case having two parallel flat main sides extending between a front and a back of the charging case (compare Figs. 1-5, esp.1,4, & 5)
Dependent Claim 22, Liu teaches the case charging contacts touch the curved first longitudinal side surface of the device (see Figs. 4 & 5 which shows the contacts 33 touching the curved longitudinal side of the device).
Dependent Claim 24, Liu teaches the replaceable source of vapor material is push fit into the first end of the vaporizing device (a push fit is described as not requiring something to be hammered in [as defined by Collins English Dictionary, official notice taken], where hammering in would require the device to essentially be single use since the act of hammering in would ruin the integrity of the case, it would be understood by one of ordinary skill in the art that Liu’s accommodation described in ¶’s [02, 24, 26, 27] would be push-fit, as would further have been obvious to a person having ordinary skill in the art since a single use device is less convenient and more expensive over time than a multiuse device).
Claims 18, 20-22, 24, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (USPGPN 20140007892) in view of Huang (USPGPN 20060214630).
Independent Claim 18, Liu teaches a vaporizing system (Figs. 1-6), comprising:
a substantially rectangular charging case (100 with body 10) and a single vaporizing device having a curved first longitudinal side surface (cigarette 50, extra vapor cartridges 51, and 50’s battery rod 52; examiner notes applicant used comprising, which is open ended, and did not specify that only one vaporizing device can be held, and while Liu shows only one vaporizing device [including battery], it shows it can [but not must] hold extra vaporizing portions [excluding battery]);
a semicircular holder at a front side of the charging case (21, shown as a semicircular holder which does not complete the circle, i.e. a semicircle, but also part 22/23 represents a full circle, which one of ordinary skill in the art understands, meets the requirements of a semicircle under comprising transitional phrase as it includes a full circle, and the examiner further notes to the applicant that they did not claim the holder covers the entire length of the curved longitudinal side), the semicircular holder configured to receive the curved first longitudinal side surface of the single vaporizing device, to hold the vaporizing device on the charging case (compare Figs. 1-5, esp. 1, 4, & 5);
the charging case containing a rechargeable case battery (30/31, see ¶’s [24, 27]);
the vaporizing device having a rechargeable device battery (¶[27] describes 31 being connected to 40 showing two terminals/contacts in Fig. 5, which then connects the output power to battery 52);
a plurality of case charging contacts on the charging case configured to make electrical contact with device charging contacts on the vaporizing device, when the curved first longitudinal side of the vaporizing device is held in the semicircular holder, for charging the device battery (see Fig. 5 & ¶[27] which describes electrical contacts 33 connecting directly with atomizer/ vaporizer device electrical contacts of 50, as a person having ordinary skill in the art would understand);
a second side surface of the vaporizing device, opposite the curved first longitudinal side surface, not covered by the charging case when the vaporizing device is in the holder (when the lid is open, at least a portion of this side is uncovered and exposed, as one of ordinary skill in the art would understand); and
a first end of the vaporizing device (51 has tubular body, ¶[27] describes 51 including an atomizer, i.e. a vaporizer for the smoke media, i.e. vapor material/media) configured to receive a replaceable source of vapor material (see Figs. 3-5, 51 being the replaceable source of vapor medium/material);
a connector at a bottom end of the charging case electrically connected with the charging case battery to electrically connect the charging case with an external circuit (¶[28], 41); and
an LED indicator in the charging case configured to provide a visual indication of an operating parameter (14, ¶’s [25, 31]).
Liu fails to explicitly teach the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device (to advance prosecution, it is arguable that 21 has an open edge between areas for holding the e-cigs, but it is not shown in the same was as the applicant shows in their Figs. [7A-8D, esp. 7A-7D]). Liu is further silent to the substantially semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device and for holding an entire length of the curved first longitudinal side surface of the single device.
Huang teaches the substantially semicircular holder having an open top for receiving the curved first longitudinal side surface of the single vaporizing device and the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device and for holding an entire length of the curved first longitudinal side surface of the single device (Figs. [1, 2, 5], ¶’s [15, 17, 29, 31] demonstrates the curved first longitudinal side being placed in the open top, with the ¶’s cited demonstrate a substantially curved, i.e. semi-circular, holder;
while Huang does not explicitly show an e-cig, the battery devices are shaped substantially the same as Liu’s and the present application’s e-cig, and are therefore analogous to the claimed invention).
One of ordinary skill in the art understands that by having the horizontal opening, rather than a vertical opening of Liu, it serves to improve the ease by which the e-cig can be extracted.
It would have been obvious to one of ordinary skill in the art to modify Liu with Huang to provide improved ease.
Independent Claim 25, Liu teaches a charging case system (Figs. 1-6), comprising:
a charging case (100 with body 10) and a single vaporizing device (cigarette 50, extra vapor cartridges 51, and 50’s battery rod 52; examiner notes applicant used comprising, which is open ended, and did not specify that only one vaporizing device can be held, and while Liu shows only one vaporizing device [including battery], it shows it can [but not must] hold extra vaporizing portions [excluding battery]) having a curved first longitudinal side surface (see Figs. 4 & 5 for the shape);
a semicircular holder on the charging case (21, shown as a semicircular holder which does not complete the circle, i.e. a semicircle, but also part 22/23 represents a full circle, which one of ordinary skill in the art understands, meets the requirements of a semicircle under comprising transitional phrase as it includes a full circle, and the examiner further notes to the applicant that they did not claim the holder covers the entire length of the curved longitudinal side), the semicircular holder configured to receive and hold the curved first longitudinal side surface of the single vaporizing device(compare Figs. 1-5, esp. 1, 4, & 5);
the charging case containing a rechargeable case battery (30/31, see ¶’s [24, 27]);
the single vaporizing device having a rechargeable device battery (¶[27] describes 31 being connected to 40 showing two terminals/contacts in Fig. 5, which then connects the output power to battery 52);
a plurality of case charging contacts in the charging case configured to make electrical contact with device charging contacts in the single vaporizing device, when the single vaporizing device is in the semicircular holder, for charging the device battery (see Fig. 5 & ¶[27] which describes electrical contacts 33 connecting directly with atomizer/ vaporizer device electrical contacts of 50, as a person having ordinary skill in the art would understand);
a second side surface of the vaporizing device, opposite the curved first longitudinal side surface, not covered by the charging case when the vaporizing device is in the holder (when the lid is open, at least a portion of this side is uncovered and exposed, as one of ordinary skill in the art would understand);
the single vaporizing device comprising a substantially tubular body (51 has tubular body, ¶[27] describes 51 including an atomizer, i.e. a vaporizer for the smoke media, i.e. vapor material/media) having a first end configured to receive a replaceable source of vapor material (see Figs. 3-5, 51 being the replaceable source of vapor medium/material);
wherein a length of the charging case is substantially the same as a length of the curved first longitudinal side surface (see Figs. 1-5);
a connector at a bottom end of the charging case electrically connected with the charging case battery to electrically connect the charging case with an external circuit (¶[28], 41); and
an LED indicator in the charging case configured to provide a visual indication of an operating parameter (14, ¶’s [25, 31]).
Liu fails to explicitly teach the substantially semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device by moving the single device onto the substantially semicircular holder in a direction perpendicular to a longitudinal axis of the single device, the substantially semicircular holder configured to receive and hold the curved first longitudinal side surface of the single device.
Huang teaches he substantially semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device by moving the single device onto the substantially semicircular holder in a direction perpendicular to a longitudinal axis of the single device, the substantially semicircular holder configured to receive and hold the curved first longitudinal side surface of the single device (Figs. [1, 2, 5], ¶’s [15, 17, 29, 31] demonstrates the curved first longitudinal side being placed in the open top, with the ¶’s cited demonstrate a substantially curved, i.e. semi-circular, holder;
while Huang does not explicitly show an e-cig, the battery devices are shaped substantially the same as Liu’s and the present application’s e-cig, and are therefore analogous to the claimed invention).
One of ordinary skill in the art understands that by having the horizontal opening, rather than a vertical opening of Liu, it serves to improve the ease by which the e-cig can be extracted.
It would have been obvious to one of ordinary skill in the art to modify Liu with Huang to provide improved ease.
Dependent Claim 20, Liu teaches the vaporizing device and the charging case have substantially the same length (see Figs. 1-5).
Dependent Claim 21, Liu teaches the charging case having two parallel flat main sides extending between a front and a back of the charging case (compare Figs. 1-5, esp.1,4, & 5)
Dependent Claim 22, Liu teaches the case charging contacts touch the curved first longitudinal side surface of the device (see Figs. 4 & 5 which shows the contacts 33 touching the curved longitudinal side of the device).
Dependent Claim 24, Liu teaches the replaceable source of vapor material is push fit into the first end of the vaporizing device (a push fit is described as not requiring something to be hammered in [as defined by Collins English Dictionary, official notice taken], where hammering in would require the device to essentially be single use since the act of hammering in would ruin the integrity of the case, it would be understood by one of ordinary skill in the art that Liu’s accommodation described in ¶’s [02, 24, 26, 27] would be push-fit, as would further have been obvious to a person having ordinary skill in the art since a single use device is less convenient and more expensive over time than a multiuse device).
Claims 2 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (USPGPN 20140007892) in view of Schennum et al (USPGPN 20160101909, hereinafter Sche), further in view of Leadley (USPGPN 20170207499).
Dependent Claims 2 and 19, Liu is silent to the vaporizing device further includes an air flow sensor electrically connected to control electronics to power up the vaporizing device upon detection of inhalation on a second end of the vaporizing device by a user.
Leadley teaches the vaporizing device further includes an air flow sensor electrically connected to control electronics to power up the vaporizing device upon detection of inhalation on a second end of the vaporizing device by a user (pressure sensor of 215 described by ¶’s [27, 31, 40, 67]).
One of ordinary skill in the art (official notice taken) that by having the electronics power up upon detection of inhalation by a user, it serves to improve the user ease, convenience, and satisfaction, since the user does not have to do any extra steps such as pressing a button and waiting for it to power up before being able to do more natural steps like inhaling.
It would have been obvious to one of ordinary skill in the art to modify Liu in view of Sche with Leadley to provide improved user ease, user convenience, and user satisfaction
Claims 2 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (USPGPN 20140007892) in view of Huang (USPGPN 20060214630), further in view of Leadley (USPGPN 20170207499).
Dependent Claims 2 and 19, Liu is silent to the vaporizing device further includes an air flow sensor electrically connected to control electronics to power up the vaporizing device upon detection of inhalation on a second end of the vaporizing device by a user.
Leadley teaches the vaporizing device further includes an air flow sensor electrically connected to control electronics to power up the vaporizing device upon detection of inhalation on a second end of the vaporizing device by a user (pressure sensor of 215 described by ¶’s [27, 31, 40, 67]).
One of ordinary skill in the art (official notice taken) that by having the electronics power up upon detection of inhalation by a user, it serves to improve the user ease, convenience, and satisfaction, since the user does not have to do any extra steps such as pressing a button and waiting for it to power up before being able to do more natural steps like inhaling.
It would have been obvious to one of ordinary skill in the art to modify Liu in view of Huang with Leadley to provide improved user ease, user convenience, and user satisfaction
Claims 18-20 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Leadley (USPGPN 20170207499) in view of Schennum et al (USPGPN 20160101909, hereinafter Sche).
Independent Claim 18, Leadley teaches a vaporizing system (Figs. 1-9), comprising:
a substantially rectangular charging case (see Figs. [7-11, esp. 7 & 8], which has a substantially [not flat, but close to flat, and not rectangular, but close to rectangular] rectangular shape) and a single vaporizing device (30 is described having a vaporizer, see Figs. 1-6; examiner notes applicant used comprising, which is open ended, and did not specify that only one vaporizing device can be held, and while Leadley say that it can hold up to two vaporizing devices, it does not require two) having a curved first longitudinal side surface (see Figs. 1-5, while Figs. 7-9B show it has a curved surface to its side);
a semicircular holder at a front side of the charging case (131 is front side [esp. as it is facing the front] and is a semicircle [since the circle is not closed] while 132/133 has a circular holder, but as the applicant claimed “comprising” a circular holder is inside the open-ending requirements of a semi-circular holder; it is further noted that the applicant did not require that the entire length of the device was “held” by the holder, where Leadley’s does not do so when the lid is open, but does do so when the lid is closed), the semicircular holder configured to receive the curved first longitudinal side surface of the single vaporizing device, to hold the vaporizing device on the charging case (¶’s [47-58]);
the charging case containing a rechargeable case battery (151);
the vaporizing device having a rechargeable device battery (210);
a plurality of case charging contacts on the charging case configured to make electrical contact with device charging contacts on the vaporizing device, when the curved first longitudinal side of the vaporizing device is held in the semicircular holder, for charging the device battery (see esp. Figs. 9A & 9B in view of ¶[55], which describes the electrical connection between case electrical contacts 704A & 704B making [direct] electrical connection with 900A, 900B of e-cigarette [i.e. vaporizer]);
a second side surface of the vaporizing device, opposite the curved first longitudinal side surface, not covered by the charging case when the vaporizing device is in the holder (as noted, since the applicant did not claim the entire surface is covered, this limitation is met); and
a first end of the vaporizing device (as seen in Figs. 1-6, ¶’s [24-28], 30 has a tubular shape) configured to receive a replaceable source of vapor material (as seen in Figs. 1-6, ¶’s [24-28], 30 has a tubular shape and has replaceable source of vapor material).
Leadley teaches the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single vaporizing device (see Fig. 7, this feature is taught by Leadley as the applicant did not claim the features suggested in the interview held 4-23-25)
a connector at a bottom end of the charging case electrically connected with the charging case battery to electrically connect the charging case with an external circuit (164 in Fig. 8, ¶[53] describes a mini/micro-usb connector for external power supply); and
an LED indicator in the charging case configured to provide a visual indication of an operating parameter (¶’s [53, 54], elements 128, 135, 133).
To advance prosecution, Leadley fails to explicitly teach the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single vaporizing device by moving the device onto the holder in a direction perpendicular to a longitudinal axis of the device (from the claim suggested in the interview held 4-23-25). Leadley is further silent to the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device and for holding an entire length of the curved first longitudinal side surface of the single device.
Sche teaches the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single vaporizing device and the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device and for holding an entire length of the curved first longitudinal side surface of the single device (Figs. [1a-10, esp. 1b, 4, 8a], ¶’s [39, 42, 59, 80]).
A person having ordinary skill in the art understands that by having the horizontal opening, rather than a vertical opening of Leadley, it serves to improve the ease by which the e-cig can be extracted.
It would have been obvious to one of ordinary skill in the art to modify Leadley with Sche to provide improved ease.
Independent Claim 25, Leadley teaches a vaporizing system (Figs. 1-9), comprising:
a charging case (see Figs. [7-11, esp. 7 & 8], which has a substantially [not flat, but close to flat, and not rectangular, but close to rectangular] rectangular shape) and a single vaporizing device (30 is described having a vaporizer, see Figs. 1-6; examiner notes applicant used comprising, which is open ended, and did not specify that only one vaporizing device can be held, and while Leadley say that it can hold up to two vaporizing devices, it does not require two) having a curved first longitudinal side surface (see Figs. 1-5, while Figs. 7-9B show it has a curved surface to its side);
a semicircular holder at a front side of the charging case (131 is front side [esp. as it is facing the front] and is a semicircle [since the circle is not closed] while 132/133 has a circular holder, but as the applicant claimed “comprising” a circular holder is inside the open-ending requirements of a semi-circular holder; it is further noted that the applicant did not require that the entire length of the device was “held” by the holder, where Leadley’s does not do so when the lid is open, but does do so when the lid is closed), the semicircular holder configured to receive the curved first longitudinal side surface of the single vaporizing device, to hold the vaporizing device on the charging case (¶’s [47-58]);
the charging case containing a rechargeable case battery (151);
the vaporizing device having a rechargeable device battery (210);
a plurality of case charging contacts on the charging case configured to make electrical contact with device charging contacts on the vaporizing device, when the curved first longitudinal side of the vaporizing device is held in the semicircular holder, for charging the device battery (see esp. Figs. 9A & 9B in view of ¶[55], which describes the electrical connection between case electrical contacts 704A & 704B making [direct] electrical connection with 900A, 900B of e-cigarette [i.e. vaporizer]);
a second longitudinal side of the vaporizing device exposed and left uncovered by the charging case when the single vaporizing device is in the holder (as noted, since the applicant did not claim the entire surface is covered, this limitation is met); and
the single vaporizing device comprising a substantially tubular body having a first end (as seen in Figs. 1-6, ¶’s [24-28], 30 has a tubular shape) configured to receive a replaceable source of vapor material (as seen in Figs. 1-6, ¶’s [24-28], 30 has a tubular shape and has replaceable source of vapor material);
Leadley teaches the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single vaporizing device (see Fig. 7, this feature is taught by Leadley as the applicant did not claim the features suggested in the interview held 4-23-25)
wherein a length of the charging case is substantially the same as a length of the curved first longitudinal side surface (Leadley, compare Figs. 1-5 with 7-11)
a connector at a bottom end of the charging case electrically connected with the charging case battery to electrically connect the charging case with an external circuit (164 in Fig. 8, ¶[53] describes a mini/micro-usb connector for external power supply); and
an LED indicator in the charging case configured to provide a visual indication of an operating parameter (¶’s [53, 54], elements 128, 135, 133).
To advance prosecution, Leadley fails to explicitly teach the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single vaporizing device by moving the device onto the holder in a direction perpendicular to a longitudinal axis of the device (from the claim suggested in the interview held 4-23-25). Leadley further is silent to the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device by moving the single device onto the semicircular holder in a direction perpendicular to a longitudinal axis of the single device, the semicircular holder configured to receive and hold the curved first longitudinal side surface of the single device.
Sche teaches the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device by moving the single device onto the semicircular holder in a direction perpendicular to a longitudinal axis of the single device, the semicircular holder configured to receive and hold the curved first longitudinal side surface of the single device (Figs. [1a-10, esp. 1b, 4, 8a], ¶’s [39, 42, 59, 80]).
A person having ordinary skill in the art understands that by having the horizontal opening, rather than a vertical opening of Leadley, it serves to improve the ease by which the e-cig can be extracted.
It would have been obvious to one of ordinary skill in the art to modify Leadley with Sche to provide improved ease.
Dependent Claim 19, Leadley teaches the vaporizing device further includes an air flow sensor electrically connected to control electronics to power up the vaporizing device upon detection of inhalation on a second end of the vaporizing device by a user (pressure sensor of 215 described by ¶’s [27, 31, 40, 67]).
Dependent Claim 20, the combination of Leadley and Sche teaches the vaporizing device and the charging case have substantially the same length (Leadley, compare Figs. 1-5 with 7-11; Sche as cited above).
Claims 18-20 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Leadley (USPGPN 20170207499) in view of Huang (USPGPN 20060214630)
Independent Claim 18, Leadley teaches a vaporizing system (Figs. 1-9), comprising:
a substantially rectangular charging case (see Figs. [7-11, esp. 7 & 8], which has a substantially [not flat, but close to flat, and not rectangular, but close to rectangular] rectangular shape) and a single vaporizing device (30 is described having a vaporizer, see Figs. 1-6; examiner notes applicant used comprising, which is open ended, and did not specify that only one vaporizing device can be held, and while Leadley say that it can hold up to two vaporizing devices, it does not require two) having a curved first longitudinal side surface (see Figs. 1-5, while Figs. 7-9B show it has a curved surface to its side);
a semicircular holder at a front side of the charging case (131 is front side [esp. as it is facing the front] and is a semicircle [since the circle is not closed] while 132/133 has a circular holder, but as the applicant claimed “comprising” a circular holder is inside the open-ending requirements of a semi-circular holder; it is further noted that the applicant did not require that the entire length of the device was “held” by the holder, where Leadley’s does not do so when the lid is open, but does do so when the lid is closed), the semicircular holder configured to receive the curved first longitudinal side surface of the single vaporizing device, to hold the vaporizing device on the charging case (¶’s [47-58]);
the charging case containing a rechargeable case battery (151);
the vaporizing device having a rechargeable device battery (210);
a plurality of case charging contacts on the charging case configured to make electrical contact with device charging contacts on the vaporizing device, when the curved first longitudinal side of the vaporizing device is held in the semicircular holder, for charging the device battery (see esp. Figs. 9A & 9B in view of ¶[55], which describes the electrical connection between case electrical contacts 704A & 704B making [direct] electrical connection with 900A, 900B of e-cigarette [i.e. vaporizer]);
a second side surface of the vaporizing device, opposite the curved first longitudinal side surface, not covered by the charging case when the vaporizing device is in the holder (as noted, since the applicant did not claim the entire surface is covered, this limitation is met); and
a first end of the vaporizing device (as seen in Figs. 1-6, ¶’s [24-28], 30 has a tubular shape) configured to receive a replaceable source of vapor material (as seen in Figs. 1-6, ¶’s [24-28], 30 has a tubular shape and has replaceable source of vapor material).
Leadley teaches the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single vaporizing device (see Fig. 7, this feature is taught by Leadley as the applicant did not claim the features suggested in the interview held 4-23-25)
a connector at a bottom end of the charging case electrically connected with the charging case battery to electrically connect the charging case with an external circuit (164 in Fig. 8, ¶[53] describes a mini/micro-usb connector for external power supply); and
an LED indicator in the charging case configured to provide a visual indication of an operating parameter (¶’s [53, 54], elements 128, 135, 133).
To advance prosecution, Leadley fails to explicitly teach the substantially semicircular holder having an open top for receiving the curved first longitudinal side surface of the single vaporizing device by moving the device onto the holder in a direction perpendicular to a longitudinal axis of the device (from the claim suggested in the interview held 4-23-25). Leadley is further silent to the substantially semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device and for holding an entire length of the curved first longitudinal side surface of the single device.
Huang teaches the substantially semicircular holder having an open top for receiving the curved first longitudinal side surface of the single vaporizing device and the substantially semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device and for holding an entire length of the curved first longitudinal side surface of the single device (Figs. [1, 2, 5], ¶’s [15, 17, 29, 31] demonstrates the curved first longitudinal side being placed in the open top, with the ¶’s cited demonstrates a substantially curved, i.e. semi-circular, holder;
while Huang does not explicitly show an e-cig, the battery devices are shaped substantially the same as Leadley’s and the present application’s e-cig, and are therefore analogous to the claimed invention).
One of ordinary skill in the art understands by having the horizontal opening, rather than a vertical opening of Leadley, it serves to improve the ease by which the e-cig can be extracted.
It would have been obvious to one of ordinary skill in the art to modify Leadley with Huang to provide improved ease.
Independent Claim 25, Leadley teaches a vaporizing system (Figs. 1-9), comprising:
a charging case (see Figs. [7-11, esp. 7 & 8], which has a substantially [not flat, but close to flat, and not rectangular, but close to rectangular] rectangular shape) and a single vaporizing device (30 is described having a vaporizer, see Figs. 1-6; examiner notes applicant used comprising, which is open ended, and did not specify that only one vaporizing device can be held, and while Leadley say that it can hold up to two vaporizing devices, it does not require two) having a curved first longitudinal side surface (see Figs. 1-5, while Figs. 7-9B show it has a curved surface to its side);
a semicircular holder at a front side of the charging case (131 is front side [esp. as it is facing the front] and is a semicircle [since the circle is not closed] while 132/133 has a circular holder, but as the applicant claimed “comprising” a circular holder is inside the open-ending requirements of a semi-circular holder; it is further noted that the applicant did not require that the entire length of the device was “held” by the holder, where Leadley’s does not do so when the lid is open, but does do so when the lid is closed), the semicircular holder configured to receive the curved first longitudinal side surface of the single vaporizing device, to hold the vaporizing device on the charging case (¶’s [47-58]);
the charging case containing a rechargeable case battery (151);
the vaporizing device having a rechargeable device battery (210);
a plurality of case charging contacts on the charging case configured to make electrical contact with device charging contacts on the vaporizing device, when the curved first longitudinal side of the vaporizing device is held in the semicircular holder, for charging the device battery (see esp. Figs. 9A & 9B in view of ¶[55], which describes the electrical connection between case electrical contacts 704A & 704B making [direct] electrical connection with 900A, 900B of e-cigarette [i.e. vaporizer]);
a second longitudinal side of the vaporizing device exposed and left uncovered by the charging case when the single vaporizing device is in the holder (as noted, since the applicant did not claim the entire surface is covered, this limitation is met); and
the single vaporizing device comprising a substantially tubular body having a first end (as seen in Figs. 1-6, ¶’s [24-28], 30 has a tubular shape) configured to receive a replaceable source of vapor material (as seen in Figs. 1-6, ¶’s [24-28], 30 has a tubular shape and has replaceable source of vapor material);
Leadley teaches the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single vaporizing device (see Fig. 7, this feature is taught by Leadley as the applicant did not claim the features suggested in the interview held 4-23-25)
wherein a length of the charging case is substantially the same as a length of the curved first longitudinal side surface (Leadley, compare Figs. 1-5 with 7-11)
a connector at a bottom end of the charging case electrically connected with the charging case battery to electrically connect the charging case with an external circuit (164 in Fig. 8, ¶[53] describes a mini/micro-usb connector for external power supply); and
an LED indicator in the charging case configured to provide a visual indication of an operating parameter (¶’s [53, 54], elements 128, 135, 133).
To advance prosecution, Leadley fails to explicitly teach the substantially semicircular holder having an open top for receiving the curved first longitudinal side surface of the single vaporizing device by moving the device onto the holder in a direction perpendicular to a longitudinal axis of the device (from the claim suggested in the interview held 4-23-25). Leadley further is silent to the substantially semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device by moving the single device onto the substantially semicircular holder in a direction perpendicular to a longitudinal axis of the single device, the substantially semicircular holder configured to receive and hold the curved first longitudinal side surface of the single device.
Huang teaches the substantially semicircular holder having an open top for receiving the curved first longitudinal side surface of the single device by moving the single device onto the substantially semicircular holder in a direction perpendicular to a longitudinal axis of the single device, the substantially semicircular holder configured to receive and hold the curved first longitudinal side surface of the single device (Figs. [1, 2, 5], ¶’s [15, 17, 29, 31] demonstrates the curved first longitudinal side being placed in the open top, with the ¶’s cited demonstrate a substantially curved, i.e. semi-circular, holder;
while Huang does not explicitly show an e-cig, the battery devices are shaped substantially the same as Leadley’s and the present application’s e-cig, and are therefore analogous to the claimed invention).
One of ordinary skill in the art understands by having the horizontal opening, rather than a vertical opening of Leadley, it serves to improve the ease by which the e-cig can be extracted.
It would have been obvious to one of ordinary skill in the art to modify Leadley with Huang to provide improved ease.
Dependent Claim 19, Leadley teaches the vaporizing device further includes an air flow sensor electrically connected to control electronics to power up the vaporizing device upon detection of inhalation on a second end of the vaporizing device by a user (pressure sensor of 215 described by ¶’s [27, 31, 40, 67]).
Dependent Claim 20, the combination of Leadley and Sche teaches the vaporizing device and the charging case have substantially the same length (Leadley, compare Figs. 1-5 with 7-11; Sche as cited above).
Claims 21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Leadley (USPGPN 20170207499) in view of Liu (USPGPN 20140007892) and Schennum et al (USPGPN 20160101909, hereinafter Sche)
Dependent Claim 21, Leadley fails to explicitly teach the charging case having two parallel flat main sides extending between a front and a back of the charging case.
Liu teaches the charging case having two parallel flat main sides extending between a front and a back of the charging case (compare Figs. 1-5, esp. 1, 4, & 5). One of ordinary skill in the art understands that a flat side, rather than a curved side [like in Leadley] is more stable [esp. when stacking itself, or with other flat items], while a curved side needs to have the exact curvature/angle to stack with other curved items [in addition to any other points], which means the convenience and versatility is improved. Furthermore, one of ordinary skill in the art understands that the convenience is improved for a flat item rather than a curved item as when having it in your pocket, the points at which it applies pressure to your body has more than one point rather than the flat sheet.
It would have been obvious to one of ordinary skill in the art to modify Leadley in view of Sche with Liu to provide improved convenience, stability, and versatility.
Dependent Claim 23, Leadley is silent to a LED charge indicator in the charging case
Liu teaches a LED charge indicator in the charging case (Liu: ¶[25] describes rate of remaining charge being displayed by LEDs).
One of ordinary skill in the art understands that such an indicator improves the convenience for the use to understand how the charging operation is going.
It would have been obvious to one ordinary skill in the art to modify Leadley in view of Sche with Liu to provide improved convenience.
Claims 21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Leadley (USPGPN 20170207499) in view of Liu and Huang (USPGPN 20060214630)
Dependent Claim 21, Leadley fails to explicitly teach the charging case having two parallel flat main sides extending between a front and a back of the charging case.
Liu teaches the charging case having two parallel flat main sides extending between a front and a back of the charging case (compare Figs. 1-5, esp. 1, 4, & 5). One of ordinary skill in the art understands that a flat side, rather than a curved side [like in Leadley] is more stable [esp. when stacking itself, or with other flat items], while a curved side needs to have the exact curvature/angle to stack with other curved items [in addition to any other points], which means the convenience and versatility is improved. Furthermore, one of ordinary skill in the art understands that the convenience is improved for a flat item rather than a curved item as when having it in your pocket, the points at which it applies pressure to your body has more than one point rather than the flat sheet.
It would have been obvious to one of ordinary skill in the art to modify Leadley in view of Huang with Liu to provide improved convenience, stability, and versatility.
Dependent Claim 23, Leadley is silent to a LED charge indicator in the charging case
Liu teaches a LED charge indicator in the charging case (Liu: ¶[25] describes rate of remaining charge being displayed by LEDs).
One of ordinary skill in the art understands that such an indicator improves the convenience for the use to understand how the charging operation is going.
It would have been obvious to one ordinary skill in the art to modify Leadley in view of Huang with Liu to provide improved convenience.
Allowable Subject Matter
Claims 1, 2, 4, 8, and 10 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding Independent Claim 1, the prior art discloses a charging case system, comprising: a charging case and a single vaporizing device having a curved first longitudinal side surface; a semicircular holder on the charging case, the semicircular holder configured to receive and hold the curved first longitudinal side surface of the single vaporizing device; the charging case containing a rechargeable case battery; the single vaporizing device having a rechargeable device battery; a plurality of case charging contacts in the charging case configured to make electrical contact with device charging contacts in the single vaporizing device, when the single vaporizing device is in the semicircular holder, for charging the device battery; a second longitudinal side of the vaporizing device exposed and left uncovered by the charging case when the single vaporizing device is in the holder; the single vaporizing device comprising a substantially tubular body having a first end configured to receive a replaceable source of vapor material; the prior art fails to disclose the further inclusion of and combination with the semicircular holder having an open top for receiving the curved first longitudinal side surface of the single vaporizing device by moving the single vaporizing device onto the semicircular holder in a direction perpendicular to a longitudinal axis of the single vaporizing device, wherein a length of the charging case is substantially the same as a length of the curved first longitudinal side surface; and the case charging contacts touch the curved first longitudinal side surface of the single vaporizing device.
Dependent Claims 2, 4, 8, and 10 are allowed for their dependence upon allowed independent Claim 1. 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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN T TRISCHLER whose telephone number is (571)270-0651. The examiner can normally be reached 9:30A-3:30P (often working later), M-F, ET, Flexible. 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.
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/JOHN T TRISCHLER/ Primary Examiner, Art Unit 2859