DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant's election with traverse of Group 1 (claims 1-12) in the reply filed on 08/27/2026 is acknowledged. Applicant’s traversal is found persuasive in light of amended claims 13 and 18. All claims are pending and were examined on the merits as detailed below.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Objections
Claims 3, and 19-20 are objected to because of the following informalities:
Regarding claim 3, the limitation, ‘…further including controller…’, recited in line 1, should read, ‘…further including a controller…’.
Regarding claims 19 and 20, the limitation, ‘The reservoir of claim 18…’, recited in line 1 of each claim, should read, ‘The reservoir casing of claim 18…’.
Appropriate correction is required.
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, 7-8, and 12 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by BORKOVEC (US20190029321A1).
Regarding claim 1, BORKOVEC teaches; A vaporizer (Fig. 1, reference character 10—‘electronic vaping device’) comprising: a reservoir to contain a liquid to be vaporized (Fig. 1, reference character 48 —‘liquid reservoir’, containing reference character 30 —‘liquid’); a first heating element in the reservoir (Fig. 1, reference character 36a —‘heating element’ located in 48), the first heating element to, when activated, vaporize a first volume of the liquid in the reservoir (Fig. 1 and [0023]—"…the control electronics 20 activate the heating wires 36, which causes liquid present around the heating wires 36 to be vaporized creating an aerosol…”. The examiner notes that the ‘liquid present around’ 36a corresponds to applicant’s limitation of ‘a first volume of the liquid’); and a second heating element in the reservoir (Fig. 1, reference character 36b —‘heating element’ located in 48), the second heating element to, when activated, vaporize a second volume of the liquid in the reservoir (see Fig. 1 and [0023]; The examiner notes that the ‘liquid present around’ 36b corresponds to applicant’s limitation of ‘a second volume of the liquid’), wherein the first and second heating elements are independently activatable (Fig. 1 and [0024]—“…the control electronics 20 are configured to selectively operate one or more individual heating elements of the plurality of heating elements 36a, 36b, 36c, 36d, 36e…configured to operate separately.”).
Regarding claim 2, BORKOVEC teaches all the limitations of claim 1 as shown above.
BORKOVEC further teaches; the first and second heating elements are axially aligned with each other in the reservoir (see Fig. 1; 36a and 36b are axially stacked within 48).
Regarding claim 3, BORKOVEC teaches all the limitations of claim 1 as shown above.
BORKOVEC further teaches; a controller to independently activate the first and second heating elements (Fig. 1, reference character 20 —‘control electronics’, and [0024]—“…the control electronics 20 are configured to selectively operate one or more individual heating elements of the plurality of heating elements 36a, 36b, 36c, 36d, 36e…configured to operate separately.”).
Regarding claim 4, BORKOVEC teaches all the limitations of claim 3 as shown above.
BORKOVEC further teaches; the first and second heating elements are separately electrically coupled to the controller (see Fig. 1, 36a and 36b are separately electrically coupled to 20. Additionally, the examiner notes that by virtue of being independently activatable, 36a and 36b must necessarily be separately electrically coupled to 20.).
Regarding claim 7, BORKOVEC teaches all the limitations of claim 3 as shown above.
BORKOVEC further teaches; a button, wherein the controller is to activate one of the first or second heating elements when the button is activated (see [0031] —“The airflow sensor 24 may be replaced with a switch or push button which enables a user to activate the electronic vaping device manually).
Regarding claim 8, BORKOVEC teaches all the limitations of claim 3 as shown above.
BORKOVEC further teaches; an airflow sensor (Fig. 1, reference character 24 —‘airflow sensor’), wherein the controller is to activate one of the first or second heating element based on the airflow sensor detecting airflow ([0015]—“…the control electronics 20, which are electrically connected to the airflow sensor 24…”, and [0017]—“..the control electronics 20 are also connected to an atomizer 28…which is wickless (and) includes a plurality of heating elements 36a, 36b, 36c, 36d, 36e.”. The examiner notes that 24 is connected to 20 which sends a signal to heat one of 36a-36e).
Regarding claim 12, BORKOVEC teaches all the limitations of claim 1 as shown above.
BORKOVEC further teaches; a third heating element in the reservoir (Fig. 1, reference character 36c —‘heating element’), the first, second, and third heating elements being independently activatable ([0024]—“…the control electronics 20 are configured to selectively operate one or more individual heating elements of the plurality of heating elements 36a, 36b, 36c, 36d, 36e…configured to operate separately.”).
Claims 18 and 20 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by BOWEN (US20230389604A1).
Regarding claim 18, BOWEN teaches; A cartridge for a vaporizer (FIG. 1, reference character 14 —‘detachable cartridge’), the cartridge comprising: a reservoir casing (FIG. 1, reference character 2 —‘shell or outer housing’) defining a cavity to contain a liquid (FIG. 1, reference character 114 —‘first stacked compartment’, which is, “…surrounded by a liquid…” —[0084] and defined by 2); a center post extending through a center of the cavity (see FIG. 1, reference characters 1 —‘central airpath’ and 13 —‘liquid barrier’. The examiner notes that interfacial structure defined by 1 and 13 corresponds to applicant’s limitation of ‘a central post’, which extends through the center of 114); a first heating element in the center post (see FIG. 1, reference character 3 —‘resistive heater element’ located in 1), the first heating element to, when activated, vaporize a first volume of the liquid in the reservoir (see FIG. 1. Additionally the examiner notes that, ‘the liquid vaporizable material wicked by the wicking material 9’ —[0084], which is in contact with 3, corresponds to applicant’s limitation of ‘a first volume of liquid’); and a second heating element in the center post (see FIG. 1, reference character 4 —‘resistive heater element’ located in 1), the second heating element to, when activated, vaporize a second volume of the liquid in the reservoir (see FIG. 1. Additionally the examiner notes that, ‘the liquid vaporizable material wicked by the wicking material 9’ —[0084], which is in contact with 4, corresponds to applicant’s limitation of ‘a second volume of liquid’), the first and second heating elements being independently activatable (see [0096]—“…the circuitry controls the selection of the electronic heaters to be activated…”. The examiner notes that ‘the selection of electronic heaters to be activated’ corresponds to applicant’s limitation of ‘independently activatable’).
Regarding claim 20, BOWEN teaches all the limitations of claim 18.
BOWEN further teaches the first and second heating elements are axially stacked in the center post (see FIG. 1; both 3 and 4 are axially stacked in 1. Also see [0084] —“…centered within the central airpath is a first and second resistive heater element 3, 4, respectively…”)
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 5-6 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over BORKOVEC (US20190029321A1).
Regarding claim 5, BORKOVEC teaches all the limitations of claim 3 as shown above.
BORKOVEC further teaches; the controller is to activate the first heating element but not the second heating element ([0024] —“…the control electronics 20 are configured to selectively operate one or more individual heating elements…”).
BORKOVEC does not explicitly recite applicant’s limitation of activating the first or second heating element based on ‘a threshold level’ but, teaches a system of independently activating the heating elements based on the liquid’s height in the reservoir (see Fig. 1, reference character h —'current liquid level’), for the motivation of using less energy while producing sufficient vapor (see [0029]).
In reference to Fig. 1, BORKOVEC teaches that; “Once the current liquid level h is determined, the control electronics 20 can operate one or more individual heating elements 36a, 36b, 36c, 36d, 36e based on their location with respect to the current liquid level h of the liquid 30 stored in the liquid reservoir.”—[0028]; and “…in order to generate enough vapor, it is generally sufficient to only operate a heating element 36c that is, on the one hand, still surrounded by liquid 30, and, on the other hand, close to the surface 52 of the liquid 30…In the example shown in FIG. 1, the heating element 36c is both surrounded by liquid 30 and close to a vaping chamber 50 above the liquid surface 52. Therefore, aerosol generated by operating the heating element 36c does not get cooled so fast compared (to) aerosol that is generated by a heating element 36a, 36b that is arranged deep under the liquid surface 52. As a consequence, in case only the heating element 36c is operated…” —[0029]. The examiner notes that BORKOVEC’s teaching of the heating element being ‘surrounded by liquid and close to a vaping chamber above the liquid surface’ reasonably corresponds to applicant’s limitation of ‘a threshold level’ since it is a liquid level at which the heating element will be activated by the controller.
BORKOVEC is analogous to the claimed invention because it is in the same field of electronic smoking devices with specific structural heating means.
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the controller supplied with measurements of the vaporizable liquid’s height within the reservoir, as taught by BORKOVEC according to claim 3, such that it is to activate the first heating element but not the second heating element when the liquid in the reservoir is above a threshold level, and wherein the controller is to activate the second heating element but not the first heating element when the liquid in the reservoir is below the threshold level, for the explicit motivations and teachings BORKOVEC recites; “…vapor can be generated with less energy required…” —[0029].
Regarding claim 6, BORKOVEC teaches all the limitations of claim 5 as shown above.
BORKOVEC further teaches; a liquid level sensor in the reservoir, wherein the controller is to determine whether the liquid is above or below the threshold level based on data from the liquid level sensor ([0025] —"The electronic vaping device 10 may further comprise a liquid level sensing element connected to the control electronics 20. The control electronics 20 are then configured to determine a current liquid level h of the liquid 30 stored in the liquid reservoir 48…”).
Regarding claim 13, BORKOVEC teaches; A vaporizer (Fig. 1, reference character 10 —‘electronic vaping device’) comprising: a reservoir to contain a liquid to be vaporized (Fig.1 reference character 48 —‘liquid reservoir’ contains 30 —‘liquid’); a liquid level sensor ([0025] —"The electronic vaping device 10 may further comprise a liquid level sensing element…”); a first heating element in the reservoir (Fig. 1, reference character 36a —‘heating element’ located in 48), the first heating element to, when activated, vaporize a first volume of the liquid in the reservoir (Fig. 1 and [0023]—"…the control electronics 20 activate the heating wires 36, which causes liquid present around the heating wires 36 to be vaporized creating an aerosol…”. The examiner notes that the ‘liquid present around’ 36a corresponds to applicant’s limitation of ‘a first volume of the liquid’); a second heating element in the reservoir (Fig. 1, reference character 36b —‘heating element’ located in 48), the second heating element to, when activated, vaporize a second volume of the liquid in the reservoir (see Fig. 1 and [0023]; The examiner notes that the ‘liquid present around’ 36b corresponds to applicant’s limitation of ‘a second volume of the liquid’); and a controller (Fig. 1, reference character 20 —‘control electronics’) to activate only the first or second heating element ([0024]—“…the control electronics 20 are configured to selectively operate one or more individual heating elements of the plurality of heating elements 36a, 36b, 36c, 36d, 36e…configured to operate separately.”).
BORKOVEC does not explicitly teach that; the controller activates only the first heating element when the amount of liquid is above the liquid level sensor and activates only the second heating element when the amount of liquid is below the liquid level sensor.
BORKOVEC does however teach; the controller is to activate the first heating element but not the second heating element ([0024] —“…the control electronics 20 are configured to selectively operate one or more individual heating elements…”); and in reference to Fig. 1, BORKOVEC teaches that; “Once the current liquid level h is determined, the control electronics 20 can operate one or more individual heating elements 36a, 36b, 36c, 36d, 36e based on their location with respect to the current liquid level h of the liquid 30 stored in the liquid reservoir.”—[0028]; and “…in order to generate enough vapor, it is generally sufficient to only operate a heating element 36c that is, on the one hand, still surrounded by liquid 30, and, on the other hand, close to the surface 52 of the liquid 30…In the example shown in FIG. 1, the heating element 36c is both surrounded by liquid 30 and close to a vaping chamber 50 above the liquid surface 52. Therefore, aerosol generated by operating the heating element 36c does not get cooled so fast compared (to) aerosol that is generated by a heating element 36a, 36b that is arranged deep under the liquid surface 52. As a consequence, in case only the heating element 36c is operated…” —[0029].
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the controller supplied with measurements of the vaporizable liquid’s height within the reservoir, as taught by BORKOVEC, such that it activates only the first heating element when the amount of liquid is above the liquid level sensor and activates only the second heating element when the amount of liquid is below the liquid level sensor, for the explicit motivation BORKOVEC recites; “…vapor can be generated with less energy required…” —[0029].
Claims 9-11, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over BORKOVEC (US20190029321A1) in view of BOWEN (US20230389604A1).
Regarding claim 9, BORKOVEC teaches all the limitations of claim 1 as shown above.
BORKOVEC further teaches a substrate (132) can form a dome or tube inside of the reservoir (see [0035]) but does not explicitly teach a center post in the reservoir, the center post defining an internal passageway, the first and second heating elements disposed in the center post.
BOWEN however, does teach; a center post in the reservoir, the center post defining an internal passageway, the first and second heating elements disposed in the center post (see FIG. 1, reference characters 1 —‘central airpath’ and 13 —‘liquid barrier’, 114 —‘compartment’, and 3 and 4 —‘first and second resistive heater elements respectively’. The examiner notes that interfacial structure defined by 1 and 13 corresponds to applicant’s limitation of ‘a central post’, is located in 114, and wherein 3 and 4 are disposed and axially stacked in that structure.).
BORKOVEC and BOWEN are analogous to the claimed invention because they are in the same field of smoking devices with specific structural heating means.
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tube-like substrate, as taught by BORKOVEC, such that it serves as a center post in the reservoir, wherein the center post defines an internal passageway, and the first and second heating elements disposed in the center post, as taught by BOWEN, for the explicit motivations BOWEN implies; to improve flow dynamics and have an overall more compact design.
Regarding claim 10, BORKOVEC in view of BOWEN, teaches all the limitations of claim 9 as shown above.
BOWEN further teaches; the first and second heating elements are stacked axially in the center post (see FIG.1, 3 and 4 are axially stacked in the center post).
Regarding claim 11, BORKOVEC in view of BOWEN, teaches all the limitations of claim 9 as shown above.
BOWEN further teaches; the center post has a first opening radially aligned with the first heating element to enable the liquid to pass through the first opening and contact the first heating element (see FIG. 3, reference character 26a —‘air inlet’, which is radially aligned with 3 and in contact with 6 —‘absorbent batting material’ that holds ‘a first vaporizable material’, also see [0087] —“…absorbent batting material 6, 7 that will absorb and hold a first and second vaporizable material…”), and wherein the center post has a second opening radially aligned with the second heating element to enable the liquid to pass through the second opening and contact the second heating element (see FIG. 3, reference character 26b —‘air inlet’, which is radially aligned with 4 and in contact with 7 —‘absorbent batting material’ that holds ‘a second vaporizable material’, also see [0087] —“…absorbent batting material 6, 7 that will absorb and hold a first and second vaporizable material…”).
Regarding claim 14, BORKOVEC teaches all the limitations of claim 13 as shown above.
BORKOVEC further teaches a substrate (132) can form a dome or tube inside of the reservoir (see [0035]) but does not explicitly teach; a center post in the reservoir, the first and second heating elements disposed in the center post, wherein the center post has a first opening radially aligned with the first heating element to enable the liquid to pass through the first opening and contact the first heating element, and wherein the center post has a second opening radially aligned with the second heating element to enable the liquid to pass through the second opening and contact the second heating element.
BOWEN however, does teach; a center post in the reservoir, the first and second heating elements disposed in the center post (see FIG. 1, reference characters 1 —‘central airpath’ and 13 —‘liquid barrier’, 114 —‘compartment’, and 3 and 4 —‘first and second resistive heater elements respectively’. The examiner notes that interfacial structure defined by 1 and 13 corresponds to applicant’s limitation of ‘a central post’, is located in 114, and wherein 3 and 4 are disposed and axially stacked in that structure.), wherein the center post has a first opening radially aligned with the first heating element to enable the liquid to pass through the first opening and contact the first heating element (see FIG. 3, reference character 26a —‘air inlet’, which is radially aligned with 3 and in contact with 6 —‘absorbent batting material’ that holds ‘a first vaporizable material’, also see [0087] —“…absorbent batting material 6, 7 that will absorb and hold a first and second vaporizable material…”), and wherein the center post has a second opening radially aligned with the second heating element to enable the liquid to pass through the second opening and contact the second heating element (see FIG. 3, reference character 26b —‘air inlet’, which is radially aligned with 4 and in contact with 7 —‘absorbent batting material’ that holds ‘a second vaporizable material’, also see [0087] —“…absorbent batting material 6, 7 that will absorb and hold a first and second vaporizable material…”).
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the tube-like substrate, as taught by BORKOVEC, such that it serves as a center post in the reservoir wherein the first and second heating elements are disposed in the center post, wherein the center post has a first opening radially aligned with the first heating element to enable the liquid to pass through the first opening and contact the first heating element, and wherein the center post has a second opening radially aligned with the second heating element to enable the liquid to pass through the second opening and contact the second heating element, as taught by BOWEN, for the explicit motivations BOWEN implies; to improve flow dynamics and have an overall more compact design.
Regarding claim 15, BORKOVEC in view of BOWEN, teaches all the limitations of claim 14 as shown above.
BOWEN further teaches; the first heating element (3) is closer to an outlet of the center post (FIG. 1, reference character 17 —'air outlet’) than the second heating element (4). See FIG. 1, 3 is closer to the outlet than 4. Additionally, the examiner notes that due to the stacked nature of the compartments and heating elements taught by BOWEN in [0084], one heating element must necessarily be closer to the outlet of the center post.
Regarding claim 16, BORKOVEC in view of BOWEN, teaches all the limitations of claim 15 as shown above.
BORKOVEC further teaches; the liquid level sensor is adjacent the first opening ([0025] —“…liquid level sensing can be done mechanically, via a floating switch which floats on top of the liquid reservoir.”; the examiner notes that ‘floats on top of the liquid reservoir’ corresponds to applicant’s limitation of ‘adjacent to the first opening’, wherein reference character 54—‘opening’, of Fig. 1, corresponds to ‘first opening’).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over BORKOVEC (US20190029321A1) in view of CONLEY (US12115303B1).
Regarding claim 17, BORKOVEC teaches all the limitations of claim 13 as shown above.
BORKOVEC does not explicitly teach that the controller is a microprocessor.
CONLEY however, does teach an electronic vaporizer that has a controller that is a microprocessor and is coupled to a heating element (Col. 11, lines 15-17 —“…electrical current may be directed via a controller 912 (e.g., a microprocessor and/or analog circuitry) included in the electronic vaporizer to power a heating element 914 sufficiently to vaporize a portion of a liquid solution 916…”).
BORKOVEC and CONLEY are analogous to the claimed invention because they are in the same field of electronic vaping devices.
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify that the controller, as taught by BORKOVEC according to claim 13, is a microprocessor, as taught by CONLEY, for the explicit motivation CONLEY implies; to direct electrical current in a controlled fashion. Additionally, the examiner notes that microprocessors are well known in the art to be substitutes for controllers, the limitation of claim 17 constitutes substituting equivalents known for the same purpose (see MPEP 2144.06(II)).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over BOWEN (US20230389604A1) in view of BORKOVEC (US20190029321A1).
Regarding claim 19, BOWEN teaches all the limitations of claim 18 as shown above.
BOWEN does not teach the first and second heating elements are ceramic heating elements.
BORKOVEC however, does teach that the heating elements can be ceramic ([0018] —“…may alternatively use other forms of heating elements 36, such as ceramic heaters…”).
BOWEN and BORKOVEC are analogous to the claimed invention because they are in the same field of smoking devices with specific structural heating means.
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to specify the the heating elements, as taught by BOWEN according to claim 18, are ceramic heating elements, as taught by BORKOVEC, for the explicit motivation BORKOVEC implies; to provide vaporizing consistency and heating elements with extended longevity.
PERTINENT PRIOR ART
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
FRASER (US20260157443A1); teaches an electronic vapour provision system with multiple heating elements, at least one cartridge, a control unit, and various controller operations.
RASMUSSEN (US20200068949A1); teaches a dual-tank electronic cigarette with multiple heating elements being independently activatable, a controller, button to operate, airflow sensor, and additional structural and operational details.
Both above cited references are analogous to the claimed invention because they are in the same field of aerosol-generating devices with multiple heaters and control systems.
CONCLUSION
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A CEFARATTI whose telephone number is (571)270-0482. The examiner can normally be reached Monday-Friday 7:30am-5pm.
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, Katelyn Smith can be reached at (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH ARTHUR CEFARATTI/Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
