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 § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6 and 8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 6, the claim limitation “the at least the portion of a cartridge” is indefinite because it is unclear if the limitation refers back to the claimed “at least a portion of a cartridge” of claim 1 or a different cartridge. For examination purposes, the limitation will be interpreted as “the at least the portion of the cartridge” (i.e., refers back to the limitation in claim 1).
Regarding claim 8, the claim limitation “the at least the portion of vaporizer” is indefinite because it is unclear if the limitation refers back to the claimed “at least a portion of the vaporizer” in claim 6, or refers to a different vaporizer. For examination purposes, the limitation will be interpreted as “the at least the portion of the vaporizer” (i.e., refers back to the limitation in claim 6).
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.
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.
Claims 1-3, 6, and 14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu (US 2015/0313288; of record in parent application 16/875157).
Regarding claim 1, Liu discloses an electronic cigarette (abstract; Figs. 1-2, and 12; “e-vapor device”) comprising:
a battery rod assembly (11; see also Fig. 11; “dispensing body”) including a suction end (10; “first end…including a mouthpiece") and an opposing bottom end (Fig. 12; “second end”) including an atomizing core (40; “vaporizer”); and
an atomizing sleeve (122; “base structure”) threadedly connected to the battery rod assembly ([0109]; see Fig. 11; “removably coupled to the second end of the dispending body”) and detachably connected to a liquid container (13; [0074]; “at least a portion of a cartridge”) for containing cigarette liquid ([0073]; “configured to hold a pre-vapor formulation”) such that leakage of the cigarette liquid is prevented in the case that the liquid container is placed upside down (para. 49; “sealed container”).
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Regarding claim 2, Liu discloses the suction end (10) has a width, and the opposing bottom end having a width that is larger than the width of the suction end (see annotated Fig. 12).
Regarding claim 3, Liu discloses the atomizing sleeve (122) includes a connecting member (120) provided with a first connecting portion (401; Fig.11) configured to be threadedly connected (“removably coupled” and “threaded arrangement”) to a second connecting portion (402) of the battery rod assembly ([0109]).
Regarding claim 6, Liu discloses the atomizing sleeve (122) having a top end (“first end”) and an opposing bottom end (“second end”), the top end comprising the connecting member (120) with the first connecting portion (401) that that is threadedly connected to the battery rod assembly (11; [0109]; “removably coupled to the dispensing body”) and receives an atomizing electrode (42) of the atomizing core (40) therethrough (Fig. 12; “receive at least a portion of the vaporizer”), and the bottom end of the atomizing sleeve having a movable member (121) that is detachably connected to the liquid container (13; [0074]; “coupled to at least the portion of the cartridge”).
Regarding claim 14, Liu discloses a battery rod assembly (11; “battery”) disposed between the suction end (10) and the atomizing core (40) (Fig. 12).
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.
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Liu as applied to claim 1 above, and further in view of Luciani (US 2016/0128384; of record of record in parent application 16/875157).
Regarding claim 4, Liu discloses the e-vapor as discussed above with respect to claim 1.
However, modified Liu is silent as to the cartridge being sealed with a ball check valve arrangement that is configured to be pushed inward when the cartridge is received by the base structure.
Luciani teaches an electronic cigarette (abstract) comprising a disposable cartridge (40; Fig. 7; [0055]) wherein the pre-vapor formulation is a liquid ([0056]) and the cartridge is hermetically sealed ([0056]) using a ball check valve (closed valve 41; Fig. 7; [0056]) wherein a ball structure (one-way valve 33; Fig. 7; [0058]) and an opening device (31) suitable to open the normally closed valve when the disposable cartridge is connected to connection means (30) ([0060]; “pushed inward when the cartridge is received”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added a ball check valve as in Luciani to the cartridge of modified Liu in order to prevent the leakage of liquid substance when the cartridge is not inserted into the cigarette (Luciani; [0056]) thereby improving the safety of the device (Luciani; [0009]-[0010]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Liu as applied to claim 6 above, and further in view of Edwards et al. (US 2014/0224248).
Regarding claim 5, Liu discloses the e-vapor as discussed above with respect to claim 1.
However, Liu is silent as to the base structure defines one or more air inlets adjacent to the vaporizer.
Edwards teaches an aerosol delivery apparatus (title) comprising a mouthpiece (112; “dispensing body”) and an end cap (114; “base structure”), wherein the mouthpiece includes a fluid flow passage extending form an inlet (124; “one or more air inlets”) to an outlet (122), and the end cap (114) has air passageways (126) extending from one face of the end cap to an opposite face of the end cap such that when the end cap is attached to the mouthpiece on the inlet end (“second end”) of the mouthpiece, the mouthpiece and the cap together define a flow path through housing (110) such that air flows through the end cap, into the inlet of the mouthpiece, through the mouthpiece, and to the outlet of the mouthpiece ([0086]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bottom end of Liu’s battery rod assembly to be an air inlet at the inlet end as in Edwards in order to obtain the predictable result of allowing air to flow through the atomizing sleeve into the air inlet and through the suction end (Edwards; [0086]) thereby allowing the user to inhale the smoke generated by the apparatus as suggested by Liu ([0004]).
Claims 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over Liu as applied to claim 6 above, and further in view of Liu (US 2016/0366936; hereby Liu ‘936).
Regarding claim 7, Liu discloses the e-vapor as discussed above with respect to claim 1.
However, Liu is silent as to the second end of the dispensing body further defines one or more air inlets.
Liu ‘936 teaches an electronic cigarette (abstract) comprising a connector (205; “base structure”) including at least one air inlet (215; Fig. 1 “one or more air inlets”) positioned adjacent to an atomizing assembly (203; “vaporizer”) which communicates with a suction end (201) and is isolated form liquid container (202) ([0104]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added an air inlet as in Liu ‘936 to the atomizing sleeve of Liu in order to obtain the predictable result of forming an airflow passage in which aerosol flow is isolated from the liquid container in order to prevent inhalation of cigarette liquid that is not atomized (Liu; [0107]) thereby improving the user’s experience.
Regarding claim 8, Liu discloses the e-vapor device as discussed above with respect to claim 1, wherein the atomizing core (40) passes through the hollow structure of the connecting member (120) inside of the atomizing sleeve (see Fig. 2);
However, Liu does not explicitly teach that the at least the portion of the vaporizer is removably coupled to the base structure.
Liu ‘936 further teaches wherein the atomizing assembly (203) and the second connecting part (205) are detachably connected via a screw thread or rotatable snap ([0038]).
It would have been obvious to one of ordinary skill in the art to have modified the atomizing core and the atomizing sleeve of Liu to be detachably connected, such as by a screw thread, as in Liu ‘936 in order to allow the user to detach the atomizing core from the atomizing sleeve at any time based on the needs of the user (Liu ‘936; [0073]), for example replacing the atomizing core when needed. Moreover, it has been held that making the apparatus parts separable when the operation of the apparatus is not otherwise changed is within the level of ordinary skill in the art. See MPEP 2144.04(V).
Regarding claim 9, modified Liu discloses the atomizing core (40) is threadedly coupled to the atomizing sleeve (122, as modified by Liu ‘936 in [0038]), and the atomizing sleeve (122) comprising the connecting member (120) with the first connecting portion (401) that that is threadedly connected to the battery rod assembly (11; [0109]; i.e., “the vaporizer is removably coupled to the dispensing body via a thread arrangement;” see also Instant Specification at [0074], describing that the base structure 212 may be attached to the dispensing body 204 via a threaded arrangement, and at Figs. 14-15, illustrating that vaporizer 206 is threadedly attached to the threads of the base structure 212, and the threads of the base structure 212 coupling to threads of the dispensing body).
Regarding claim 10, modified Liu discloses the top end of the atomizing sleeve (122) comprises the connecting member (120) having an edge (see annotated Fig. 2) that abuts against a flange portion of the atomizing core (40) (see annotated Fig. 2).
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Regarding claim 11, modified Liu dislcoses the connecting member (120; “at least a portion of the first end of the base structure”) is threadedly connected to the battery rod assembly (11; [0109]; “received by the dispensing body”).
Regarding claim 12, modified Liu discloses the movable member (121; “second end of the base structure”) is provided with an accommodating groove that detachably connects to the liquid container ([0074]; “at least a portion of the cartridge is received”).
Regarding claim 13, modified Liu discloses the movable member (121) comprises a guiding groove (102) and a limiting groove (103; Fig. 6; “edge”) configured to engage a boss (101; Fig. 5; “flange portion”), wherein the boss is snapped into the limiting groove ([0100]; “abut against”).
Claims 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2015/0313288; of record in parent application 16/875157) in view of Liu (US 2016/0366936; hereby Liu ‘936).
Regarding claim 15, Liu discloses an electronic cigarette (abstract; Figs. 1-2, and 12; “e-vapor device”) comprising:
an atomizing sleeve (122; “base structure”) comprising a connecting member (120; “first end”) and a movable member (121; “opposing second end”);
an atomizing core (40; “vaporizer”) passes through the hollow structure of the connecting member inside of the atomizing sleeve (see Fig. 2; “coupled to the first end of the base structure”); and
a liquid container (13; [0074]; “cartridge”) removably connected to the movable member ([0082]; “removably coupled”), the container containing cigarette liquid ([0073]; “configured to hold a pre-vapor formulation”) such that leakage of the cigarette liquid is prevented in the case that the liquid container is placed upside down (para. 49; “sealed container”).
However, Liu does not explicitly teach the vaporizer is removably coupled to the first end of the base structure.
Liu ‘936 teaches an electronic cigarette (abstract) comprising a connector (205; “base structure”) and an atomizing assembly (203; “vaporizer”) wherein the atomizing assembly and the second connecting part are detachably connected via a screw thread or rotatable snap ([0038]).
It would have been obvious to one of ordinary skill in the art to have modified the atomizing core and the atomizing sleeve of Liu to be detachably connected, such as by a screw thread, as in Liu ‘936 in order to allow the user to detach the atomizing core from the atomizing sleeve at any time based on the needs of the user (Liu ‘936; [0073]), for example replacing the atomizing core when needed. Moreover, it has been held that making the apparatus parts separable when the operation of the apparatus is not otherwise changed is within the level of ordinary skill in the art. See MPEP 2144.04(V).
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Regarding claim 16, modified Liu further discloses a battery rod assembly (11; see also Fig. 11; “dispensing body”) including a suction end (10; “second end…including a mouthpiece") and an opposing bottom end (Fig. 12; “first end”) including a second connection portion (402; Fig. 11) configured to threaded detach from a first connecting portion (401; “first end of the base structure”) of the connecting member ([0109]; “removably couple”).
Regarding claim 17, modified Liu discloses the second connection portion and the first connection portion are threadedly connected to each other ([0109]; “first thread arrangement”).
Regarding claim 18, modified Liu discloses the atomizing core (40) is threadedly coupled (“second thread arrangement;” see also Instant Specification at [0074], describing that the base structure 212 may be attached to the dispensing body 204 via a threaded arrangement, and at Figs. 14-15, illustrating that vaporizer 206 is threadedly attached to the threads of the base structure 212, and the threads of the base structure 212 coupling to threads of the dispensing body) to the atomizing sleeve (122, as modified by Liu ‘936 in [0038]), and the atomizing sleeve (122) comprising the connecting member (120) with the first connecting portion (401) that that is threadedly connected (“first thread arrangement”) to the battery rod assembly (11; [0109]).
Regarding claim 19, modified Liu discloses the comprises the connecting member (120) having an edge (see annotated Fig. 2) that abuts against a flange portion of the atomizing core (40) (see annotated Fig. 2).
Regarding claim 20, modified Liu discloses the movable member (121) comprises a guiding groove (102) and a limiting groove (103; Fig. 6; “edge”) configured to engage a boss (101; Fig. 5; “flange portion”), wherein the boss is snapped into the limiting groove ([0100]; “abut against”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONNY V NGUYEN whose telephone number is (571)272-8294. The examiner can normally be reached Monday - Friday; 7:00 AM - 3:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Y 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.
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/SONNY V NGUYEN/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
