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 office action is in response to Applicant’s amendment filed on 05/08/2026.
Claims 1-4, 6-11, 13-17, and 19-23 are pending and are subject to this Office Action.
Claims 1, 3-4, 8, 10-11, 14, and 16-17 are amended.
Claims 5, 12, and 18 are cancelled.
Claims 21-23 are new.
The objection to claims 3, 10, and 16 are withdrawn due to amendments made to the claims.
Response to Arguments
Applicant' s arguments, see pages 6-9, filed 05/08/2026, with respect to the rejection(s) of independent claims 1 and 8 under 35 U.S.C. 102 and 103, respectively, have been fully considered and are not persuasive.
On pages 6-7, the Applicant argues that the body of Ricketts does not teach a continuous structure because there is a window in the embodiment of Ricketts.
The Examiner respectfully does not find the arguments persuasive. The claim does not require the continuous structure to be one material or a body without a window, and instead recites the continuous structure can comprise a portion of transparent or translucent material which is taught by Ricketts. Ricketts teaches the transparent region may be a unitary piece formed integral with the sidewall and further teaches the transparent region may be bounded by non-transparent portions of the housing sidewall (i.e., continuous structure) ([0061]-[0062]). Ricketts also teaches an embodiment wherein “the transparent peripheral window 48 and the base peripheral frame 46 may be formed as a singular integrated component” ([0120]). A singular integrated component would clearly be a continuous structure and not have gaps or a structure that would equate to it not be continuous. Therefore, Ricketts does indeed teach a continuous structure of a monolithic body and the arguments are unpersuasive.
In order to advance prosecution an additional reference has been provided below.
The Applicant introduced new limitations to claim 14, specifically regarding the body including a continuous unitary structure without seams or joints, which overcame the previously cited prior art. However, upon further consideration, a new ground of rejection is made in view of newly found prior art.
The following is a modified rejection based on amendments made to the claims.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 7-11 and 13 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Ricketts (US-20190231997-A1, as cited in the IDS dated 09/05/2024).
In regards to claim 1, Ricketts directed to a lighting unit for aerosol-generating systems, discloses the aerosol-generating system (i.e., apparatus) comprising a cartridge ([0006]-[0007] and [0107]) for vaporizing e-liquid (i.e., dispensing vapor) ([0095]-[0096]) comprising:
An atomizer 16 configured to atomize the e-liquid (i.e., fluid) ([0107] and [0111]);
Housing 36 (i.e., monolithic body) with a sidewall 44 (Figure 4 and [0133]), including a mouthpiece facing end portion 32 (i.e., leading end portion) ([0110]), and a battery facing end portion 30 (i.e., trailing end portion) in fluid communication with the atomizer (since the battery is connected to power the atomizer) (Figure 1 and [0110] -[0111]),
Wherein the body comprises at least a portion of a transparent material ([0062]); and
A mouthpiece 18 (i.e., mouth cap) coupled to the cartridge ([0053]) and in communication with the leading end portion of the body (Figure 1).
Ricketts further teaches the transparent region may be a unitary piece formed integral with the sidewall and further teaches the transparent region may be bounded by non-transparent portions of the housing sidewall ([0061]-[0062]) and “the transparent peripheral window 48 and the base peripheral frame 46 may be formed as a singular integrated component” (i.e., continuous structure) ([0120]).
In regards to claim 2, Ricketts discloses a light source fixed to a sidewall of the cartridge for providing a backlight on the cartridge to efficiently illuminate the contents of the cartridge (i.e., backlight for the fluid) ([0046]).
In regards to claim 3, Ricketts discloses a power unit 12 (i.e., power terminal) comprising a battery for providing energy to the atomizer ([0083] and [0110]) comprising a cartridge engagement portion 28 configured to mate with the battery facing end portion 30 (i.e., the trailing end portion of the body) (Figure 1 and [0110]).
In regards to claim 4, Ricketts discloses a vapor outlet end 34 (i.e., outlet port) of the atomizer that engages with the mouthpiece which transports the aerosolized e-liquid to exit the mouthpiece (i.e., enable release of fluid from the body) ([0112]).
Ricketts further discloses the e-liquid is extracted from the cartridge to the heating unit to be vaporized and the atomizer extracts the liquid in small amounts in response to actuation (i.e., inlet port configured to enable an ingress of fluid into the body) ([0095]-[0096] and [0111]).
In regards to claim 7, Ricketts discloses the housing/body comprising at least one of a polymer, a glass, and a metal ([0058]).
In regards to claim 8, Ricketts directed to a lighting unit for aerosol-generating systems, discloses the aerosol-generating system (i.e., apparatus) comprising a cartridge ([0006]-[0007] and [0107]) for vaporizing e-liquid (i.e., dispensing vapor) ([0095]-[0096]) comprising:
An atomizer 16 configured to atomize the e-liquid (i.e., fluid) ([0107] and [0111]);
Housing 36 with a sidewall 44 (i.e., monolithic body) (Figure 4 and [0133]), wherein the sidewall extends from a mouthpiece end to a power supply end ([0032]), including a mouthpiece facing end portion 32 (i.e., leading end portion) ([0110]), and a battery facing end portion 30 (i.e., trailing end portion) in fluid communication with the atomizer (since the battery is connected to power the atomizer) (Figure 1 and [0110] -[0111]),
Wherein the sidewall body comprises a transparent region that may form the entire cartridge sidewall, or 100% of the surface area of the housing sidewall (i.e., body is entirely comprised of at least one of a translucent or transparent material) ([0062]); and
A mouthpiece 18 (i.e., mouth cap) coupled to the cartridge ([0053]) and in communication with the leading end portion of the body (Figure 1).
In regards to claim 9, Ricketts discloses a light source fixed to a sidewall of the cartridge for providing a backlight on the cartridge to efficiently illuminate the contents of the cartridge (i.e., backlight for the fluid) ([0046]).
In regards to claim 10, Ricketts discloses a power unit 12 (i.e., power terminal) comprising a battery for providing energy to the atomizer ([0083] and [0110]) comprising a cartridge engagement portion 28 configured to mate with the battery facing end portion 30 (i.e., the trailing end portion of the body) (Figure 1 and [0110]).
In regards to claim 11, Ricketts discloses a vapor outlet end 34 (i.e., outlet port) of the atomizer that engages with the mouthpiece which transports the aerosolized e-liquid to exit the mouthpiece (i.e., enable release of fluid from the body) ([0112]).
In regards to claim 12, Ricketts discloses the e-liquid is extracted from the cartridge to the heating unit to be vaporized and the atomizer extracts the liquid in small amounts in response to actuation (i.e., inlet port configured to enable an ingress of fluid into the body) ([0095]-[0096] and [0111]).
In regards to claim 13, Ricketts discloses the housing/body comprising at least one of a polymer, a glass, and a metal ([0058]).
Claims 1, 3-4, 7-8, 10-11, 13, and 21-22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Deng (US-20240041109-A1).
In regards to claim 1, Deng, directed to a vaping cartridge, discloses a cartridge for vaporizing a liquid (i.e., apparatus for dispensing vapor) (abstract; [0005]), the apparatus comprising:
An atomizer portion for housing a heating element such as an atomizer 50 for atomizing fluid ([0007];[0027]);
A reservoir (i.e., container) for storing fluid and in fluid communication with the atomizer ([0026]);
A tank body 15 including a proximal end (i.e., leading end portion) and a distal end (i.e., a trailing end portion ([0019];[0025]-[0026]),
Wherein the atomizer 50 and container 18 are enclosed within the body (Figures 2 and 5),
The body being formed from a transparent material such that a level or liquid within the tank body can be viewed, and the thickness of the tank body is continuous, wherein the body is depicted as a continuous, monolithic body (Figure 1; [0020]); and
a mouthpiece connectable to a leading end portion of the body ([0019]).
In regards to claim 8, Deng, directed to a vaping cartridge, discloses a cartridge for vaporizing a liquid (i.e., apparatus for dispensing vapor) (abstract; [0005]), the apparatus comprising:
An atomizer portion for housing a heating element such as an atomizer 50 for atomizing fluid ([0007];[0027]);
A reservoir (i.e., container) for storing fluid and in fluid communication with the atomizer ([0026]);
A tank body 15 including a proximal end (i.e., leading end portion) and a distal end (i.e., a trailing end portion ([0019];[0025]-[0026]),
Wherein the atomizer 50 and container 18 are enclosed within the body (Figures 2 and 5),
The body being formed from a transparent material such that a level or liquid within the tank body can be viewed, and the thickness of the tank body is continuous, wherein the body is depicted as a continuous, monolithic body (Figure 1; [0020]); and
a mouthpiece connectable to a leading end portion of the body ([0019]).
In regards to claims 3 and 10, Deng discloses a base comprising a power source for supplying power to an atomizer and connectable to the trailing end portion of the body ([0008]).
In regards to claims 4 and 11, Deng discloses voids 25 (i.e., inlet port) that place the cavity in fluid communication with the reservoir and defined by body and allow the oil to flow through the voids into the cavity (i.e., enable the ingress of fluid into the body) ([0026]).
Deng further discloses a vapor portion outlet (i.e., outlet port) defined within the body, wherein the outlet port comprises a lumen 24 for transporting vapor out of the body (i.e., enable the release of fluid from the body) ([0023]-[0024]).
In regards to claims 7 and 13, Deng discloses the body comprises glass ([0022]).
In regards to claim 21-22, Deng discloses a cylinder body comprising a transparent material for viewing the liquid levels in the container ([0027]) which reads on “wherein the fluid is visible through the body from a plurality of circumferential viewing angles around the body.”
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.
Claims 6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Ricketts (US-20190231997-A1, as cited in the IDS dated 09/05/2024) as applied to claims 1 and 14 above, and further in view of Aller et al. (US-20220304378-A1, as cited in the IDS dated 09/05/2024).
In regards to claims 6 and 19, Ricketts discloses the transparent region may be transparent to visible light and may be surrounded or bounded by non-transparent portions (i.e., opaque) of the housing sidewall ([0061]), but does not explicitly disclose the body fades from the translucent material or transparent material to an opaque material at a predetermined location.
Aller directed to an aerosol delivery device, discloses a cartridge for use in the aerosol delivery device, the cartridge comprising an outer housing (i.e., body) which defines a front face portion and a rear portion interconnected with sidewalls ([0006]).
Aller further discloses the housing can at least be partially transparent or translucent so that the tank comprising the e-liquid can be visible externally ([0075]).
Aller further discloses the sidewalls of the body can be treated to be darker, opaque, and/or less transparent/translucent than at least a portion of the front face portion 360 (i.e., fades from the transparent/translucent material to an opaque material at a predetermined location) ([0077]).
Aller further discloses that while the entire outer housing can be translucent or transparent, it is better that the viewing window is configured such that the viewing window is distinguishable from the rest of the outer housing either in the fact that it is more transparent/translucent that the rest of the outer housing, or in the fact that it is frosted a different shade than the remaining outer housing portions (i.e., fades). As such, the viewing window is distinct from the remaining portions of the outer housing of the cartridge ([0077]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Ricketts by making the non-transparent parts of Ricketts fade from transparent to opaque, as taught by Ricketts because both are directed to aerosol delivery devices comprising transparent portions for viewing e-liquid, Ricketts teaches the transition in shading makes the viewing window distinct from the remaining portions of the outer housing of the cartridge ([0077]), and this merely involves applying a known technique of fading from a transparent/translucent material to an opaque material of a similar device to yield predictable results.
Claims 14, 16-17, 20 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Deng (US-20240041109-A1).
In regards to claim 14, Deng, directed to a vaping cartridge, discloses a cartridge for vaporizing a liquid (i.e., apparatus for dispensing vapor) (abstract; [0005]), the apparatus comprising:
An atomizer portion for housing a heating element such as an atomizer 50 for atomizing fluid ([0007];[0027]);
A reservoir (i.e., container) for storing fluid and in fluid communication with the atomizer ([0026]);
A tank body 15 including a proximal end (i.e., leading end portion) and a distal end (i.e., a trailing end portion ([0019];[0025]-[0026]),
Wherein the atomizer 50 and container 18 are enclosed within the body (Figures 2 and 5),
The body being formed from a transparent material such that a level or liquid within the tank body can be viewed, and the thickness of the tank body is continuous, wherein the body is depicted as a continuous, unitary structure without seams or joints (Figure 1; [0020]); and
a mouthpiece connectable to a leading end portion of the body ([0019]).
Deng does not explicitly disclose the body is a unitary structure without seams or joints, however Deng does teach the tank has a continuous thickness and does not disclose a window or any portion of the body that would create seams/joints, and therefore it would be obvious to one of ordinary skill in the art that Deng teaches a unitary structure without seams or joints.
In regards to claim 16, Deng discloses a base comprising a power source for supplying power to an atomizer and connectable to the trailing end portion of the body ([0008]).
In regards to claim 17, Deng discloses voids 25 (i.e., inlet port) that place the cavity in fluid communication with the reservoir and defined by body and allow the oil to flow through the voids into the cavity (i.e., enable the ingress of fluid into the body) ([0026]).
Deng further discloses a vapor portion outlet (i.e., outlet port) defined within the body, wherein the outlet port comprises a lumen 24 for transporting vapor out of the body (i.e., enable the release of fluid from the body) ([0023]-[0024]).
In regards to claim 20, Deng discloses the body comprises glass ([0022]).
In regards to claim 23, Deng discloses a cylinder body comprising a transparent material for viewing the liquid levels in the container ([0027]) which reads on “wherein the fluid is visible through the body from a plurality of circumferential viewing angles around the body.”
Claims 2, 9, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Deng (US-20240041109-A1) as applied to claims 1, 8, and 14 above and further in view of Ricketts (US-20190231997-A1, as cited in the IDS dated 09/05/2024).
In regards to claims 2, 9, and 15, Deng discloses a transparent body to view the liquid in the container ([0022];[0027]), but does not explicitly disclose a light source configured to provide backlight for the fluid.
Ricketts directed to a lighting unit for aerosol-generating systems, discloses the aerosol-generating system (i.e., apparatus) comprising a cartridge ([0006]-[0007] and [0107]) for vaporizing e-liquid (i.e., dispensing vapor) ([0095]-[0096]) comprising an atomizer 16 configured to atomize the e-liquid (i.e., fluid) ([0107] and [0111]), housing 36 (i.e., monolithic body) with a sidewall 44 (Figure 4 and [0133]), wherein the body comprises at least a portion of a transparent material ([0062]).
Ricketts further discloses a light source fixed to a sidewall of the cartridge for providing a backlight on the cartridge to efficiently illuminate the contents of the cartridge (i.e., backlight for the fluid) ([0046]).
Ricketts further discloses the positioning of the light transmits light into the liquid containing volume ([0007]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Deng by modifying the vaporizing apparatus to include a light source configured to provide backlight for the fluid, as taught by Ricketts because both are directed to vaporizing apparatus comprising transparent bodies, Ricketts teaches the light source efficiently illuminates the contents of the cartridge ([0046]), and this merely involves applying a known technique of using a light source to further light up the liquid contents of a similar device to yield predictable results.
Claims 6 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Deng (US-20240041109-A1) as applied to claims 1 and 14 above, and further in view of Aller et al. (US-20220304378-A1, as cited in the IDS dated 09/05/2024).
In regards to claims 6 and 19, Deng discloses the entire body is made from a clear or substantially transparent material, such that a level of a liquid or oil to be vaporized contained within the tank body 15 can be viewed. For example, the tank body 15 may be constructed from an acrylic, plastic, glass, or other appropriate material or formed of non-transparent materials ([0022]), but does not explicitly disclose the body fades from the translucent material or transparent material to an opaque material at a predetermined location.
Aller directed to an aerosol delivery device, discloses a cartridge for use in the aerosol delivery device, the cartridge comprising an outer housing (i.e., body) which defines a front face portion and a rear portion interconnected with sidewalls ([0006]).
Aller further discloses the housing can at least be partially transparent or translucent so that the tank comprising the e-liquid can be visible externally ([0075]).
Aller further discloses the sidewalls of the body can be treated to be darker, opaque, and/or less transparent/translucent than at least a portion of the front face portion 360 (i.e., fades from the transparent/translucent material to an opaque material at a predetermined location) ([0077]).
Aller further discloses that while the entire outer housing can be translucent or transparent, it is better that the viewing window is configured such that the viewing window is distinguishable from the rest of the outer housing either in the fact that it is more transparent/translucent that the rest of the outer housing, or in the fact that it is frosted a different shade than the remaining outer housing portions (i.e., fades). As such, the viewing window is distinct from the remaining portions of the outer housing of the cartridge ([0077]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Deng by making the body portion over the reservoir fade from transparent to opaque, as taught by Aller, because both are directed to aerosol delivery devices comprising transparent portions for viewing e-liquid, Aller teaches the transition in shading makes the viewing window distinct from the remaining portions of the outer housing of the cartridge ([0077]), and this merely involves applying a known technique of fading from a transparent/translucent material to an opaque material of a similar device to yield predictable results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liu (US-20160192709-A1) directed to an electronic cigarette for atomizing liquid (i.e., apparatus for dispensing vapor), the apparatus comprising:
At least one atomizer ([0027]);
A liquid storage assembly configured to store liquid and in communication with the atomizer ([0008]-[0011]);
A second housing (i.e., body) including a leading end portion and a trailing end portion ([0027]),
Wherein the body is formed from a transparent housing with a light transmittable material allowing the amount of fluid within the container to be visible through the body ([0027];[0050]-[0052]), and wherein the body is clearly a continuous, unitary structure without seams or joints (Figure 2).
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 MADELEINE PAULINA DELACRUZ whose telephone number is (703)756-4544. The examiner can normally be reached Monday - Friday 8-5.
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, Philip Louie can be reached at (571)270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MADELEINE P DELACRUZ/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
Prosecution Insights