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 .
Response to Amendment
The amendment filed on June 11, 2026 is acknowledged. Claims 1-23 and 25 reman pending. Applicant amended independent claims 1 and 14.
Response to Arguments
Despite the amendment, the claims remain rejected based on the disclosure of Liu. Consequently, Applicant’s arguments regarding the patentability of the claims remain pertinent. That said, the arguments have been fully considered but they are not persuasive.
Applicant argues that Liu does not disclose a shell comprising a first air inlet and a second air inlet, wherein a first chamber defines a first portion of an airflow path from the first air inlet and the second chamber defines a second portion of the airflow path from the second air inlet. Remarks 7. Applicant cites to Figure 3 of Applicant’s disclosure and Figure 2 of Liu as the basis for the argument. Remarks 8-9.
The argument is not persuasive. Notwithstanding the indefiniteness of the amended claim language (see 35 U.S.C. 112(b) rejection below) and the fact that the argument is not commensurate with the language of claim 14 (claim 14 recites two different flow paths that converge), the alleged distinction between Figure 3 of Applicant’s disclosure and Figure 2 of Liu is unclear. Like Applicant’s invention, Liu teaches a pair of parallel chambers situated inside a shell, each chamber comprising an inlet defining an airflow path. Furthermore, in Liu’s device, like Applicant’s invention, the parallel airflow paths converge within the shell, downstream of the chambers, to form a common airflow path that exits the shell via a mouthpiece.
According to Applicant (Remarks 9), the pending claims recite a shell that, itself, is internally divided into two chambers, whereas Liu teaches atomizers 20 inside shell 10 that define the chambers (i.e. the shell 10 of Liu is not itself divided into chambers). Remarks 9. This argument is not persuasive because Applicant’s argument is not commensurate with the scope of the claims. Contrary to the implication of Applicant’s remarks, the claims merely require the two chambers to be situated within the shell. The claim language does not preclude the chambers being defined by additional structures (e.g. atomizers 20) inside the shell. This is evidenced by Applicant’s own claim language (e.g. see claim 20). Consequently, the fact that the chambers of Liu’s device are defined by atomizers 20 cannot be the basis for patentably distinguishing the claimed invention from the disclosure of Liu.
Claim Rejections - 35 USC § 112
In the event the determination of the status of the application as subject to AIA (or as subject to pre-AIA ) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the rationale supporting the rejection would be the same under either status.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-13, 16 and 20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Independent claim 1 is indefinite because it recites two parallel airflow paths originating from different locations and through different structures as a common “airflow path”, which renders the scope of “airflow path” indefinite. The claim initially introduces “an airflow path from the first air inlet”, and later recite “the airflow path from the second air inlet”. If the airflow path has two origins and two separate conduits through which air travels, it is unclear how they constitute a common airflow path. While the limitation “path” is inherently abstract, in this case claim 1 specifies structures that define the metes and bounds of a path (e.g. chambers with an inlet). Consequently, it is unclear how paths of two different origins and through two different chambers can constitute a common airflow path.
Based on Applicant’s remarks accompanying the amendment (Remarks 7-8), the amended claim language intends to recite two parallel paths 26a and 26b that subsequently converge in chamber 64 to form a single path 1 (i.e. there are three paths, 26a, 26b and 1). However, that is not what is conveyed in claim 1.
Claims 2 and 16 are indefinite in light of Applicant’s remarks. According to Applicant’s remarks (see Remarks 9), the claimed shell itself defines the compartments, and the shell is the only element recited in the claims (al other features are part of the shell). That said, it is unclear how the compartments are removable from the apparatus. By removing the compartments, the shell must be removed. From what is the shell removed?
Likewise, claims 13 and 20 are indefinite. The subject matter of claims 13 and 20 contradicts Applicant’s remarks regarding the nature of the compartments.
Claims not explicitly rejected are rejected due to dependency.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 6, 12, 14-16, 19-21 and 25 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu (US 2014/0060527 A1).
With respect to claim 1, Liu discloses an apparatus for generating an inhalable aerosol, the apparatus comprising (see Fig. 2):
a shell 10/201 comprising:
a first air inlet and a second air inlet (inlet at the bottom of each of the two atomizers 20; see also Fig. 4 illustrating open end at the right side of atomizer 20)
a first compartment (space inside left atomizer 20) configured to store a first vaporizable material (see [0030]), the first compartment comprising a first atomization chamber that is in fluid communication with the first vaporizable material (see [0030]), wherein the first atomization chamber defines a first portion of an airflow path from the first air inlet (see Fig. 4 illustrating an opening that traverses the length of element 20);
a first heating element 221 configured to vaporize the first vaporizable material to form a first vapor (see Fig. 4 illustrating heating element 221 situated inside atomizer 20);
a second compartment (space inside right atomizer 20) positioned parallel to the first compartment (see Fig. 2) and configured to store a second vaporizable material (see [0030]), the second compartment comprising a second atomization chamber that is in fluid communication with the second vaporizable material (see [0030]), wherein the second atomization chamber defines a second portion of the airflow path from the second air inlet (see Fig. 4); and
a second heating element 221 configured to vaporize the second vaporizable material to form a second vapor that mixes with the first vapor (see Fig. 4 and [0030]).
With respect to claim 2, at least one of the first compartment and the second compartment are removable from the apparatus (see [0042] disclosing that the compartments are threadedly engaged to power unit 200, see also Fig. 1) .
With respect to claim 3, the vaporizable materials are not part of claimed invention. They are recited solely to provide context for the compartments. That said, the compartments 20 appear to be capable of storing gels therein.
With respect to claim 6, the apparatus converts the vaporizable materials into inhalable aerosol (see abstract). Naturally, the first heating element is configured to heat the first vaporizable material to a first target temperature at which the first vaporizable material converts to aerosol, and the second heating element is configured to heat the second vaporizable material to a second target temperature at which the second vaporizable material converts to aerosol.
With respect to claim 12, the apparatus further comprises a body 201/203 (see Figs. 1-2), the body comprising:
a battery 202, and circuitry 206 configured to selectively activate the first heating element to heat the first vaporizable material and to selectively activate the second heating element to heat the second vaporizable material (see [0042]).
With respect to claim 14, Liu teaches an apparatus for generating an inhalable aerosol, as discussed above. Specifically, the apparatus comprises (see Fig. 2 and rejection of claim 1 above):
a shell comprising:
a first air inlet and a second air inlet;
a first compartment (space inside left atomizer 20) configured to store a first vaporizable material, the first compartment comprising a first airflow path, the first compartment comprising a first chamber comprising the first airflow path from the first inlet;
a first heating element 221 configured to vaporize the first vaporizable material to form a first vapor;
a second compartment (space inside right atomizer 20) positioned in parallel to the first compartment and configured to store a second vaporizable material, the second compartment comprising a second airflow path, the second compartment comprising a second chamber comprising the second airflow path from the second air inlet; and
a second heating element 221 configured to vaporize the second vaporizable material to form a second vapor,
wherein the first airflow path and the second airflow path converge to a central airflow path (space inside nozzle 10).
With respect to claim 15, the vaporizable materials are not part of claimed invention. They are recited solely to provide context for the compartments. That said, the compartments 20 appear to be capable of storing gels therein.
With respect to claim 16, at least one of the first compartment and the second compartment are removable from the apparatus (see [0042] disclosing that the compartments are threadedly engaged to power unit 200, see also Fig. 1) .
With respect to claim 19, the apparatus converts the vaporizable materials into inhalable aerosol (see abstract). Naturally, the first heating element is configured to heat the first vaporizable material to a first target temperature at which the first vaporizable material converts to aerosol, and the second heating element is configured to heat the second vaporizable material to a second target temperature at which the second vaporizable material converts to aerosol.
With respect to claim 20, the apparatus further comprises a cartridge (see abstract), wherein the first compartment and the second compartment are positioned within the cartridge (see abstract),
With respect to claim 21, the apparatus further comprises a body 201/203 (see Figs. 1-2), the body comprising:
a battery 202, and
circuitry 206 configured to selectively activate the first heating element to heat the first vaporizable material and to selectively activate the second heating element to heat the second vaporizable material (see [0042]).
With respect to claim 25, the first vapor mixes with the second vapor in the central airflow path (see abstract).
Claim Rejections - 35 USC § 103
Claims 4, 5, 13, 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Conley et al. (“Conley”) (US 2013/0220315 A1).
With respect to claims 4, 5, 17 and 18, Liu does not disclose a wicking material that is in fluid communication with each vaporizable material, wherein each first heater is in contact with a respective wicking material. The disclosure of Liu is broadly directed to an e-cigarette comprising parallel atomizers, and hence it does not provide detailed disclosure directed to the specific mechanics of how the e-cigarette converts a vaporizable material into aerosol.
However, in order to control the rate at which a vaporizable material is aerosolized, electronic cigarettes conventionally use a wick to draw the vaporizable material to a heating element (see [0028] of Conley). In light of the disclosure of Conley and given that Liu does not disclose the details of how the vaporizable materials are transported to their respective heaters, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided each heating element taught by Liu with a wicking material for transporting the respective vaporizable material to the heating element.
With respect to claim 13, the apparatus further comprises a cartridge that houses the first compartment and the second compartment (see abstract), wherein the cartridge comprises a mating end (threaded end, see Fig. 4) configured to detachably couple to a body 201 comprising a battery 202 housed therein (see [0015]). While Liu does not explicitly disclose a plurality of electrical contacts coupled to each heating element, it is evident that each heating element must form a circuit. Based on the lack of disclosure by Liu regarding how each heating element forms a circuit, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed said circuit by connecting each heating element to a pair of electrical contacts, as taught by Conley (see Fig. 2 of Conley illustrating leads 224 and 226 connected to heating element 222 for forming a circuit). If the modification is made, then the modified apparatus would comprise a plurality of contacts electrically coupled to the each heating element 221, as recited in claim 13.
Claims 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Fernando et al. (“Fernando”) (US 2010/0313901 A1).
With respect to claims 7-11, as discussed above, it is evident that the first and second heating elements are configured to heat to their respective target temperatures to aerosolize the vaporizable materials. However, Liu does not specify what the target temperatures are. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the heating elements to heat to temperatures suitable for aerosolizing conventional flavorants used in e-cigarettes, specifically temperatures falling within the ranges recited in claims 7-11 (see [0093] of Fernando disclosing an exemplary operating temperature range for the heating elements of its e-cigarette, wherein the temperature range overlaps the claimed ranges). Regarding the specific vaporizable materials recited in the claims, the vaporizable materials are not part of the claimed invention. Consequently, the vaporizable materials recited in the claims need not be taught by the prior art to reject the claims.
Claims 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Liu in view of Liu (“Liu 2”) (WO 2013/189050 A1).
With respect to claims 22 and 23, as discussed above, the disclosure of Liu is broadly directed to an e-cigarette comprising parallel atomizers, and hence it does not provide detailed disclosure directed to a user interface for operating the e-cigarette.
Liu 2 discloses an e-cigarette (see abstract) comprising a capacitive touch control unit 10 for operating the e-cigarette (see [0034]). The unit is configured to recognize finger swipes (i.e. it comprises a plurality of capacitive sensing zones) (see [0034]), and the swipes can be used to activate the e-cigarette and display information such as battery charge level (see [0034]). Given that the disclosure of Liu is silent regarding a user interface, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the e-cigarette taught by Liu with a conventional user interface for operating the e-cigarette, for example a capacitive touch control unit comprising a plurality of sensing zones for recognizing various swipe patterns for activating the e-cigarette and for displaying various information related to the e-cigarette such as battery charge level, as taught by Liu 2.
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 PAUL S HYUN whose telephone number is (571)272-8559. The examiner can normally be reached M-F 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan Van can be reached at 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL S HYUN/Primary Examiner, Art Unit 1796
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