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 .
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 1, 3-9, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Biel (US 2019/0208811) in view of Murison (US 20180184722).
Regarding claim 1, Biel discloses a liquid injection device (see case 200, Fig. 2; abstract), comprising:
an accommodating cavity for detachable mounting of an electronic vaporization device (see primary receiving portion 101 for electronic smoking device 10);
a liquid storage tank (see liquid cartridge 300);
a liquid supply mechanism comprising a liquid injection connection assembly and a driving unit configured to drive the liquid injection connection assembly to move (see connection interface 180 on a sliding lever element 190 which drives the connection interface to move, [0072,0077]),
wherein, when the electronic vaporization device is mounted in the accommodating cavity, the liquid injection connection assembly is configured to move to a first position and is connected to the electronic vaporization device and in communication with the liquid storage tank, and the liquid supply mechanism supplies liquid to the electronic vaporization device (Fig. 8c shows the connection assembly in the protruded state allowing for refilling of the mounted electronic smoking device, [0080]),
wherein, when the electronic vaporization device is removed from the accommodating cavity, the liquid injection connection assembly is configured to move to a second position and is disconnected from the electronic vaporization device, and the liquid supply mechanism stops supplying liquid to the electronic vaporization device (Fig. 8b shows the connection assembly in the retracted position which allows for the removal of the electronic vaporization device and liquid flow is inhibited ([0080]), and
wherein, in the first position, the liquid injection connection assembly is at least partially located within the accommodating cavity, and in the second position, the liquid injection connection assembly is outside the accommodating cavity (as illustrated in Figs. 8b and 8c, the needle elements 181,182 of the connection assembly are configured to move inside/outside the accommodating cavity 101).
Biel's device is manually operated and Biel does not disclose a control assembly connected to the liquid supply mechanism and configured to detect whether the electronic vaporization device is mounted in the accommodating cavity. It would have been obvious, however, to a person having ordinary skill in the art prior to the effective filing date of the application to have configured the liquid injection device with a control assembly that detects whether the device is mounted since (1) it has been held that broadly providing a mechanical or automatic means to replace manual activity which accomplishes the same result involves only routine skill in the art (see MPEP 2144.04 (III)); and (2) Murison, similarly directed towards a liquid injection device, discloses providing a control assembly that is configured to detect when a vaporization device is mounted and to actuate refilling operation (see electronics module with assembly board 11, [0141]; see [0023,0103,0149]). One would have been motivated to automate the device to facilitate refilling of the electronic vaporization device and reduce work performed by user.
As to the driving unit, the connection interface 180 is connected to lever element 190 which is configured the move the interface forward and backward. The lever element is construed as a driving unit. In the alternative, if the driving unit is construed as requiring an actuator or connected to the control assembly, Examiner notes that it has been held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art (see MPEP 2144.04, III). Here, the claim broadly recites an automatic means (driving unit) to replace a manually actuated lever to accomplish the same result (sliding movement of the connection interface).
Regarding claim 3, Biel does not disclose a power assembly configured to drive the liquid storage tank. Murison, similarly directed towards a liquid injection device, discloses a piezo pump 6 controlled by electronics to automate and determine the appropriate amount of liquid to deliver to the electronic vaporization device (Fig. 8; [0012-0013]). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to substitute the rotatable pump wheel of Biel with a power assembly for driving the liquid supply assembly and that is connected to a control assembly as taught by Murison for the purpose of automating the delivery of liquid to the electronic vaporization device and to determine the appropriate amount of liquid to dispense ([0012-0013]).
Regarding claim 4, Biel discloses a liquid inject channel (see hollow needles in Fig. 8a).
Regarding claim 5, Biel teaches the connection interface 180 is connected to a liquid channel system and configured to move between a first and second position via slide frame component 174, wherein hollow needle elements 181,182 are inserted into or withdrawn from a corresponding refill interface of a smoking device ([0072,0078], see Fig. 8b, 8c; slide frame is a slider with moveable connection interface having needle elements being the channels formed in the injection member). Biel discloses the moveable interface is advantageous because it eases the connection between case and smoking device ([0072]).
Regarding claim 6, Biel discloses providing a squeezable cartridge to push liquid into a vaporizer thereby refilling it ([0060]). Biel discloses the pump system can easily be used to refill a liquid reservoir of an electronic smoking device wherein air that is ousted from the reservoir is recaptured by the pump system to allow for a refill without liquid being spilled ([0063]).
Regarding claim 7, Biel discloses a housing (casing body where cartridge is inserted) and a spacing between the housing and liquid storage member (see reception cavity 340, Fig. 6b). Biel discloses a pump system 120 wherein rod 162 protrudes into cavity 340 and pushes against the slider portion 320 to squeeze the liquid storage member. While Biel's power assembly (pump system) is not connected to a control assembly and power source, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the pump system with control system and power source since (1) it has been held that broadly providing a mechanical or automatic means to replace manual activity which accomplishes the same result involves only routine skill in the art (see MPEP 2144.04 (III)); and (2) Murison, similarly directed towards a liquid injection device, discloses providing a control assembly that is configured to detect when a vaporization device is mounted and to actuate refilling operation (see electronics module with assembly board 11, [0141]; see [0023,0103,0149,0312]). One would have been motivated to automate the device to facilitate refilling of the electronic vaporization device and reduce work performed by user.
Regarding claim 8, Biel discloses a holder formed with an accommodating cavity (see walls of casing for receiving portion 101 in Fig. 3) and a partition wall separating the accommodating cavity from cavities defining the pump and liquid storage tank (see internal wall defining accommodating cavity). The partition wall has a through hole for the liquid supply mechanism to run through (see flow arrows in Fig. 11). As to a receiving cavity for accommodating the control assembly, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the device with a receiving cavity as claimed since (1) Murison discloses providing a receiving cavity that accommodates the control assembly and a holder (see Fig. 4 wherein electronics and holder are depicted); and (2) Biel discloses providing the pump mechanism and additional device components within a cavity of the device (see Fig. 3, 11). One would have been motivated to provide a receiving cavity within the device in order to allow for the control assembly to be mounted/contained within the device structure.
Regarding claim 9, Biel discloses a vaporization system comprising an electronic vaporization device (see 10 in Fig. 2) and a liquid injection device (see the case 200). The vaporization device is detachably mounted in the liquid injection device and is supplied with liquid ([0041], abstract).
Regarding claim 17, Biel discloses a pressure relief member that slides along with the liquid injection needle when extending to/withdrawing from the electronic vaporization device (see [0088-0089], needle 182 delivers liquid, needle 181 receives air, Fig. 11).
Regarding claim 19, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have connected the driving unit to the control assembly since (1) replacing a manual driving unit with automated means would necessitate a control assembly and (2) Murison discloses employing a control assembly to control the delivery of liquid (see electronics module with assembly board 11, [0141]; see [0023,0103,0149]). One would have been motivated to automate the device to facilitate refilling of the electronic vaporization device and reduce work performed by user.
Claim 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Biel (US 2019/0208811) in view of Murison (US 20180184722) as applied to claims above, and further in view of Jackson (US 20250127235).
Regarding claim 10, Biel discloses the electronic vaporization device has a liquid storage cavity (reservoir 14,[0027]) and Murison discloses the control assembly is configured to stop pumping when the required amount of e-liquid has been transferred ([0103]), but Biel and Murison do not disclose a liquid level detection assembly arranged in the liquid storage cavity. In the same field of endeavor of electronic smoking devices, Jackson discloses a liquid level detection assembly (see capacitive sensors 70,72 arranged within the liquid storage cavity to detect the liquid fill level of the cavity; [0072-0074, Fig. 4-5). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have provided a liquid level detection assembly in the liquid storage cavity of the vaporization device since (1) Murison discloses the refilling is configured to stop pumping when the required amount of e-liquid has been transferred ([0103]) and (2) Jackson discloses providing sensors within the liquid storage cavity to determine the amount of liquid and whether the cavity is full ([0073-0075,0065]). One would have been motivated to refill safely without spilling or pressure build-up regardless of the amount of fluid present at the start of the refilling process ([0065]).
Regarding claim 11, Jackson discloses spacing apart two detection units on opposite sides of the storage cavity ([0072]).
Regarding claim 12, the cavity comprises first and second ends wherein the first detection unit and second detection unit comprise detection portions that extend into the liquid storage cavity (see Fig. 4 of Jackson). The detection units are arranged to close to first or second ends (ends can be construed as left/right sides or top/bottom; note that sensor 70 is arranged close to both the top and bottom ends).
Regarding claim 13, the first detection unit comprises a main body portion with first detection portion arranged at an end of the first main body portion (electrical contact 35 construed as main body portion with sensor 70 a first detection portion arranged at end of the contact). As to the first detection portion being bent with the first main body portion it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the detection unit with a bend between the main body and detection portions since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in the art when the change in shape is not significant to the function of the combination. See MPEP 2144.04. One would have been motivated to adjust the shape of the detection unit to fit within the confined space of the electronic smoking device.
Regarding claim 14, Biel discloses a vaporization shell with assembly opening (see housing with hollow tube and end cap ([0027-0035])). As to the arrangement of the main body portions on the shell, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have arranged the main body portion (electrical contact) on the vaporization shell of the device since Jackson discloses forming the electrical contacts on the outer side of the liquid storage cavity (see Fig. 4). The specific arrangement of the sensor contacts and electrical lines would have been a matter of obvious engineering choice.
Regarding claim 15, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the main body portion and the shell as integral since it has been held that making one piece an article which has formerly been formed in multiple pieces involves only routine skill in the art. See MPEP 2144.04. One would have been motivated to secure the parts together as a single unit.
Claim 10-12 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Biel (US 2019/0208811) in view of Murison (US 20180184722) as applied to claims above, and further in view of Gretton (US 2021/0337878).
Regarding claim 10, Biel discloses the electronic vaporization device has a liquid storage cavity (reservoir 14,[0027]) and Murison discloses the control assembly is configured to stop pumping when the required amount of e-liquid has been transferred ([0103]), but Biel and Murison do not disclose a liquid level detection assembly arranged in the liquid storage cavity. In the same field of endeavor of electronic smoking devices, Gretton discloses a liquid level detection assembly (see capacitive sensors arranged in the liquid storage cavity to detect the liquid fill level of the cavity; [0479-0481,0540-0553, Fig. 31). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have provided a liquid level detection assembly in the liquid storage cavity of the vaporization device since (1) Murison discloses the refilling is configured to stop pumping when the required amount of e-liquid has been transferred ([0103]) and (2) Gretton discloses providing sensors within the liquid storage cavity to determine the amount of liquid and whether a threshold has been met ([0479-0481]). One would have been motivated to provide feedback to the refill pump based on the amount of liquid within the liquid storage cavity.
Regarding claim 11, Gretton discloses spacing apart two detection units on opposite sides of the storage cavity (Fig. 31, sensor plates on left/right sides).
Regarding claim 12, the cavity comprises first and second ends wherein the first detection unit and second detection unit comprise detection portions that extend into the liquid storage cavity (see Fig. 31 of Gretton). The detection units are arranged close to first or second ends (ends can be construed as left/right sides or top/bottom; note that sensors are arranged close to both the top and bottom ends).
Regarding claim 16, Murison discloses a main control board (PCB 58) and Gretton discloses a capacitance measurement in the vaporizer and part of the IC (Figs. 29, 31) which communicates with the pump controller of the case control assembly (Fig. 31).
Allowable Subject Matter
Claim 18 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art of record fails to further teach or suggest a position detection assembly connected to the control assembly and configured to detect whether the slider is at a first position or a second position.
Response to Arguments
Applicant's arguments filed 5/22/2026 have been fully considered but they are not persuasive. Applicant’s amendments and accompanying arguments with respect to the rejection(s) of claim 1 under 35 U.S.C 102(a)(1) over Murison (US 20180184722) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Biel (US 2019/0208811) in view of Murison (US 20180184722)
With regarding to Biel, Applicant argues that Biel's slide frame moves needle elements, but Biel does not disclose a connection assembly that changes position relative to the accommodating cavity. Biel also does not disclose a driving unit configured to drive the connection assembly to move.
Applicant's arguments are unpersuasive. Biel's slide frame with needle elements is construed as the connection assembly (see connection interface 180) and this assembly moves into and out of the accommodating cavity (see Fig. 8b vs 8c). As to the driving unit, the connection interface 180 is connected to lever element 190 which is configured the move the interface forward and backward. The lever element is construed as a driving unit. In the alternative, if the driving unit is construed as requiring an actuator or connected to the control assembly, Examiner notes that it has been held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art (see MPEP 2144.04, III). Here, the claim broadly recites an automatic means (driving unit) to replace a manually actuated lever to accomplish the same result (sliding movement of the connection interface).
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 ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619
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