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 § 102
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)(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.
Claim(s) 1-9,12-13 and 15-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Alarcon et al. (US. Pub. No. 20110265806).
Regarding claim 1, Alarcon discloses a power supply section for an e-vaping device, comprising: a sensor (132, fig. 1A); control circuitry directly electrically connected to the sensor [0056]; a housing configured to form a seal cooperatively with the sensor and the control circuitry (fig. 1A and [0060]); and a power source (by reference sign 130, fig. 1A).
Regarding claim 2, Alarcon discloses the housing holds the sensor such that the sensor is configured to sense a pressure drop across an opening in the housing [0010].
Regarding claim 3, Alarcon discloses the sensor can be a pressure sensor and an air flow sensor [0010]; therefore the sensor of Alarcon is capable of sensing puff (corresponding to the claimed a puff sensor).
Regarding claim 4, Alarcon discloses the power source comprises a battery [0013[0020][0050].
Regarding claim 5, Alarcon discloses at least one air inlet in fluid communication with an opening in the housing [0046].
Regarding claim 6, Alarcon discloses the housing has a hollow geometry with a first cross-section portion and a second cross-section portion; the first cross-section portion includes a first cavity having at least a first radial dimension, the first cavity corresponding to a shape of the sensor and the control circuitry (by reference sign 132, fig. 1A [0056]); and the second cross-section portion includes an opening having a least a second radial dimension by reference sign 120, fig. 1A).
Regarding claim 7, Alarcon discloses the housing has a substantially cylindrical shape; and the first and second radial dimensions are first and second diameters, respectively (see fig. 1A).
Regarding claim 8, Alarcon discloses the housing has an annular flange at a transition between the first cross-section portion and the second cross-section portion, the sensor being seated on the annular flange. (1012, figs. 10-11 and 1402/1406, figs. 14-15).
Regarding claim 9, Alarcon discloses the first radial dimension is larger than the second radial dimension (figs. 1A and 14-15).
Regarding claim 12, Alarcon discloses the control circuitry is coupled to the sensor and configured to control supply of power from the power source [0050][0060].
Regarding claim 13, Alarcon discloses an LED cap at a distal end from the second cross-section portion of the housing (by reference sign 134, fig. 1A).
Regarding claim 15, Alarcon discloses an e-vaping device, comprising: a cartridge including a liquid reservoir holding a liquid (by reference signs 140 A,B, fig. 1A), a mouthpiece (by reference signs 104, 126, fig. 1A and [0053]) and a heater configured to heat the liquid (reference sign 146, fig. 1A); and a power supply section (by reference sign 100A, fig. 1A and 130, fig. 2A-B) removably connected to the cartridge via a connector and including, a sensor, control circuitry directly electrically connected to the sensor (132, fig. 1A), a housing configured to form a seal cooperatively with the sensor and the control circuitry (fig. 1A and [0060]), and a power source configured to supply power to the heater (by reference sign 130, fig. 1A).
Regarding claim 16, Alarcon discloses the sensor can be a pressure sensor and an air flow sensor [0010]; therefore the sensor of Alarcon is capable of sensing puff (corresponding to the claimed a puff sensor).
Regarding claim 17, Alarcon discloses the power source comprises a battery [0013[0020][0050].
Regarding claim 18, Alarcon discloses at least one air inlet in fluid communication with an opening in the housing [0046].
Regarding claim 19, Alarcon discloses the housing has a hollow geometry with a first cross-section portion and a second cross-section portion; the first cross-section portion includes a first cavity having at least a first radial dimension, the first cavity corresponding to a shape of the sensor and the control circuitry (by reference sign 132, fig. 1A [0056]); and the second cross-section portion includes an opening having a least a second radial dimension by reference sign 120, fig. 1A).
Regarding claim 20, Alarcon discloses the first radial dimension is larger than the second radial dimension (figs. 1A and 14-15).
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.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon et al. (US. Pub. No. 20110265806) in view of Novak, III e al. (U.S Pub. No. 20140261495). Alarcon does not disclose the housing includes projections. Novak discloses projections (a first projection by reference sign 28 and second projection at the other end of reference sign 28) wherein the projections are between the housing and the power source [0061]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to include projections as taught by Novak in the device of Alarcon.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alarcon et al. (US. Pub. No. 20110265806) in view of Liu (U.S Pub. No. 20140020696). Alarcon does not expressly disclose a vent to allow outgassing from power supply section to be released. Liu discloses a need to vent for the battery [0015]. Therefore, it would have been obvious to one of ordinary skill in the art the invention was made to have the LED cap includes a vent configured to allow outgassing from the power supply section to be released; so that the power supply section does not over heat.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 10492528. Although the claims at issue are not identical, they are not patentably distinct from each other because they have the same scope of invention. They are both toward an e-vaping device including a cartridge and a power supply section wherein a power source in the second portion is configured to supply power to the heater and a sensor, a sensor holder holding the sensor and configured such that air flow is substantially prevented between the first and the second portion.
Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 11400243. Although the claims at issue are not identical, they are not patentably distinct from each other because they have the same scope of invention. They are both toward an e-vaping device including a cartridge and a power supply section wherein a power source in the second portion is configured to supply power to the heater and a sensor, a sensor holder holding the sensor and configured such that air flow is substantially prevented between the first and the second portion.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12048807. Although the claims at issue are not identical, they are not patentably distinct from each other because they have the same scope of invention. They are both toward an e-vaping device including a cartridge and a power supply section wherein a power source in the second portion is configured to supply power to the heater and a sensor, a sensor holder holding the sensor and configured such that air flow is substantially prevented between the first and the second portion.
Conclusion
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/PHU H NGUYEN/Examiner, Art Unit 1747