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
This office action is in response to Applicant’s amendment filed 12/16/2025.
Claims 1, 4, 11, and 16 are amended.
Claims 3 and 21-23 are cancelled.
Claims 1-2, 4-20, and 24-30 are pending.
Response to Arguments
Applicant' s arguments, see pages 7-8, filed 12/16/2025, with respect to the rejection(s) of claim(s) 1 and 16 under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Worm have been fully considered and are persuasive. Applicant has amended claim 1 and to include the limitation “a gasket formed on a bottom surface of the cartridge receptacle, where in the gasket at least partially seals the sealed air flow path form the device air path.” Applicant has also amended claim 16 to include a similar limitation. Worm fails to disclose such a limitation. Therefore, the rejection has been withdrawn.
Applicant’s arguments, see pages 8-11, filed 12/16/2025, with respect to the rejection(s) of claim 28 under 35 U.S.C 102(a)(1) and 102(a)(2) as being anticipated by Worm 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 Therefore, the rejection has been withdrawn.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 Pan (previously cited), Gavrielov (previously cited), and Robinson (US 2017/0347713).
Applicant's arguments filed 12/16/2025 regarding Pan, Gavrielov, and Liu have been fully considered but they are not persuasive.
Applicant argues that Pan, Gavrielov and Liu are silent with respect to “a gasket formed on a bottom surface of the cartridge receptacle” and “wherein the device air path is sealed from the sealed airflow path” as required by claim 1 (p. 11, 13). Specifically, Applicant argues that nothing in Pan, Gavrielov, or the Office Action provide any rationale as to why a POSITA would first modify Pan’s seal piece, which would then require further modification of Pan’s device in order to operate, which would render the initial modification undesirable (p. 12)
The Examiner respectfully disagrees because Gavrielov supplies the motivation for performing such a modification. As noted, Pan’s the cigarette cap 13 includes the air inlet ([0033]). In operation, air travels through the air inlet in the cigarette cap, is detected by the pressure sensor, and is drawn through the mouth of the user ([0012]). In other words, the air passes the electric power source (5) such as a battery ([0032]) in Pan. Gavrielov suggests that this is a problem because batteries may exhibit outgassing during operation resulting in harmful gases being released from the battery cell and inhaled by a user ([0003]). Gavrielov fixes this problem by using a puff sensor holder with a puff sensor, the combination of which forms a hermetic seal that isolates the power section from the sensing portion ([0036]), and positioning an air inlet upstream of the pressure sensor on a connector (50) that can be a female connector ([0029]; Fig. 4; equivalent to a “cartridge receptacle”). As such, one of skill in the art would be motivated to at least add another air inlet to Pan’s cartridge receptacle to prevent such inhalation of outgassing from the battery.
Furthermore, Applicant notes that Gavrielov teaches vaping device having screw-type male and female connectors, but argues that Gavrielov is completely silent as to “a cartridge receptacle…configured to insertably receive the cartridge” as required by claim 1. Applicant further argues that Gavrielov gives no indication that the screw type connector could or would be modified to accommodate a receptacle for insertably receiving the cartridge while maintaining proper sensing capabilities (p. 12).
The Examiner finds Applicant’s argument unpersuasive.
First, Gavrielov is not relied upon to teach the cartridge receptacle. “One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references.” MPEP 2145(IV). Rather, Pan teaches such a cartridge receptacle (see annotated Fig. 5 below).
Second, even if Gavrielov was considered to be relied upon to teach such a cartridge receptacle, the Examiner contends that Gavrielov teaches such a cartridge receptacle. Specifically, while Gavrielov teaches that the connector power section includes a male connector (50a; Fig. 1B), Gavrielov further teaches that the connector 50a may instead be a female connector ([0029]). As a consequence of such a suggestion, the Gavrielov’s female connector 50a would receive the male connector 50b of the a cartridge.
Lastly, Applicant argues that the modification of Pan with the teachings of Gavrielov would lead to a substantial redesign (p. 12-13).
The Examiner respectfully disagrees. The Examiner notes that the addition of the air vent to the cartridge receptacle would add a new air flow from the added air vent to the cartridge receptacle (see Gavrielov [0031]). However, this is a minor and predictable modification based on fluid dynamics. Moreover, air from the pressure sensor to air outlet in the mouthpiece of the device ([0012]) as originally intended by Pan.
Applicant's arguments filed 12/16/2025 with respect to the double patenting rejections have been fully considered but they are not persuasive.
Applicant argues that the claims of the present application are established to be both novel and non-obvious over Liu and Worm, and that the claims are patentably distinct from the claims of copending Application 16/077731 (p. 13-14).
The Examiner finds Applicant’s argument unpersuasive. First, the Examiner notes that Applicant has not established that the present applications are novel or non-obvious over Liu. Second, the Examiner notes that Worm is merely relied upon to teach a resistive heating element for the double patenting rejections. Applicant has failed to establish why the copending application would not be modified to incorporate the resistive heating element of Worm. Moreover, the claims in copending Application 16/077731 when modified with the teachings of Pan and Worm render the current claims obvious. The Examiner notes that Applicant has presented no specific arguments as to why the such a combination is non-obvious.
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.
Claims 1-2 and 4-15 are rejected under 35 U.S.C. 103 as being unpatentable over Pan (US 2010/0242974; of record) in view of Gavrielov et al. (US 2017/0042227; of record) and Liu (US 2017/0162979; of record).
Regarding claim 1, Pan discloses an electronic cigarette (abstract; “vaporizer device”) comprising:
an atomizer tube (263; see Fig. 3 and 7; “cartridge”) including a liquid container (261; “reservoir”), the inside of which is filled with a liquid-storing media (264) filled with a liquid (para. 29; “vaporizable material”), an electric heating wire (265; “a resistive heating element configured to heat the vaporizable material”), and an air-puffing hole at the center of one end of the atomizer tube and placed atop the atomizer tube (para. 29; “mouthpiece”), in fluid communication with the electric heating wire (see Fig. 3 and 7); and
an inhaler tube (10; Fig. 5; “device body”) comprising:
a cartridge receptacle configured to receive the atomizer tube (see annotated Fig. 5; see also Fig. 7); and
an electric airflow sensor (6; “one or more sensors”) configured to generate a signal when airflow is detected from a user’s puffing action ([0025]; “output sensor readings”), wherein the electric airflow sensor is exposed to a sealed/first air flow path (i.e. from the airflow sensor 6 to the air puffing hole) and a device/second air path (i.e. from the cigarette cap 13 to the airflow sensor 6), a portion of the first air flow path passing between an interior surface of the cartridge receptacle and an exterior surface of the cartridge (see Fig. 7); and
a seal piece (25; “gasket”) that is formed on a bottom surface of the cartridge receptacle (see annotated Fig. 5);
wherein the first air flow path is separated (i.e., partitioned) from the device/second air path by the seal piece (see Fig. 5) by forming a seal around the circumference of an interior wall of the device body (see Fig. 5; “at least partially seals the sealed air flow path from the device air path”).
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However, Pan is silent as to wherein the device air path is sealed from the sealed air flow path. The Examiner notes that Pan’s seal piece 25 forms a seal around the circumference of an interior wall of the device body, but it appears that air flows through the seal piece 25 and is therefore not air-tight.
Gavrielov teaches a power supply section for an e-vaping device (abstract) comprising:
a connector (50a) in the form of a female connector (para. 29) physically coupled to a male connector (50b; para. 29, 45) of a cartomizer (25; Fig. 4; “cartridge”), and air vents (55; “air inlet”) located in the connector (50a; para. 29; “between an outer wall of the cartridge and an inner wall of the cartridge receptacle”), wherein the puff sensor may sense receipt of air through the air vents and the chamber (para. 31; “air inlet positioned upstream of the pressure sensor”); and
a puff sensor holder (35; “gasket”) and a puff sensor (40) held in the power source section (75; para. 34), wherein the puff sensor is configured to sense a pressure drop (para. 35), and the combination of the puff sensor holder and the puff sensor form a seal configured to hermetically isolate (“an air-tight seal”) the power source portion (70) from the sensing portion (68) such that when airflow is created air flows via air vents (55) to create a pressure drop at the puff sensor so that little or no airflow enters the power source portion (para. 36).
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 seal piece and airflow sensor of Pan to form a hermetic seal as in Gavrielov, and adding connectors with an air vent as in Gavrielov upstream of the modified seal piece in order to create an inhalable airflow that is sensed by the sensor (Gavrielov; para. 36) with the benefit of preventing outgassing from the power source (Gavrielov; para. 36) thereby preventing potentially harmful gasses being released from the battery cell from being inhaled (Gavrielov; see para. 3).
Moreover, modified Pan is silent as to the cartridge receptacle is configured to insertably receive the cartridge by non-rotational movement via a snap-fit coupling or a magnetic coupling.
Liu teaches that in the prior art, electronic cigarettes with threaded connections have defects that provide loose connections ([0003]). Liu further teaches an electronic cigarette comprising an atomizer (10) comprising a fastener (104) arranged on the first connector ([0031]) and a second magnetic member being an external atomizer electrode (101; [0032]), and a battery rod (20) comprising a rod-shaped inner battery rod (204) and a first magnetic member (202) arranged on the second connector, wherein the first and second magnetic members attract each other to prevent the fastener from being rotated back into the guiding groove (230; [0031]; “non-rotational movement via…a magnetic coupling”).
It would have been obvious to said skilled artisan to have the added connectors in modified Pan to have first and second magnetic members as in Liu in order to obtain the predictable result of preventing the connectors from being rotated (Liu; [0031]) with the benefit of preventing loose connections using the magnetic members to provide a firm connection that simple to use and thus improves the users’ experience (Liu; [0004], [0019]).
Regarding claim 2, modified Pan discloses the portion of the first sealed air flow path passes from air vents (Gavrielov; 55) to electric heating wire (265) and to the small hole in the cigarette cap ([0010]).
Regarding claim 4, modified Pan discloses the seal piece (25) is formed around the electric airflow sensor (6; Fig. 5).
Regarding claim 5, modified Pan discloses the air vents (Gavrielov; 55; “air inlet”) located in the connector (Gavrielov; 50a; [0029]; “between an exterior surface of the cartridge and an interior surface of the cartridge receptacle”).
Regarding claim 6, modified Pan discloses the air vents are located in the connector (Gavrielov; 50a; [0029]; “the air inlet is at least partially received within the cartridge receptacle”).
Regarding claim 7, modified Pan discloses the connector (Gavrielov; 50a) has a proximal edge (Gavrielov; see Fig. 2; interpreted as the cylindrical edge of the connector 50a within the power source section 75), wherein the air vents (Gavrielov; 55) extend through the proximal edge at an acute angle with respect to the longitudinal direction ([0031]) and into the chamber (Gavrielov; 58; in the case the connector 50a is a female connector, as described in [0029], the connector 50b is a male connector that extend into the chamber 58 of the female connector 50a and thus the angled air vents would extend “towards a distal end of the cartridge when the cartridge receptacle insertably receives the cartridge”).
Regarding claim 8, modified Pan discloses when the cartridge receptacle insertably receives the cartridge (Fig. 7), the electric heating wire (265) is received in the cartridge receptacle (compare Fig. 5 and 7 above).
Regarding claim 9, modified Pan discloses that the electric sensor (6) detects airflow generated from a user’s puffing action ([0025]; “puff sensor”).
Regarding claim 10¸ modified Pan further discloses an integrated circuit board with a CPU processor (14), which connects to the electric airflow sensor ([0031]).
Regarding claim 11, modified Pan discloses the modified seal piece (25) hermetically isolates (Gavrielov; [0036]; “air-tight seal”) around an interior perimeter of the inhaler tube (10; Fig. 5).
Regarding claim 12, modified Pan further discloses the inhaler tube comprises:
a first electric connector (17; “device heater contact”) connected to a second electric connector (21; “cartridge heater contact”);
an electric power source (5) supplying electric current to the electronic atomizer (para. 25);
and an integrated circuit board with the CPU processor (14; para. 33), the electric power source connects to the circuit board, which connects to the first electric connector ([0034]).
Regarding the claim limitation “contacts,” one of ordinary skill in the art would appreciate that the first electric connector 17 includes two contacts (see also Fig. 1, showing two line between the first electrical connector and the second electrical connector). This is necessary in order for the electricity to flow between the first and second connectors.
Regarding claim 13, modified Pan discloses the first electric connector is located at a bottom surface of the cartridge receptacle (Fig. 5).
Regarding claim 14, modified Pan discloses the atomizer tube (263) has a proximal end (Fig. 7; interpreted as the top end) and a distal end (Fig. 7, interpreted as the bottom end), wherein the air-puffing hole at the center of one end of the atomizer tube and placed atop the atomizer tube (para. 29; “mouthpiece”) is located at the proximal end (see Fig. 7).
Regarding claim 15, modified Pan discloses the electric heating wire (265) is located proximate (i.e., near) the distal end (see Fig. 7).
Claims 16-20, 24, and 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Pan (US 2010/0242974; of record) in view of Gavrielov et al. (US 2017/0042227; of record).
Regarding claim 16, Pan discloses an electronic cigarette (abstract; “vaporizer device”) comprising:
an atomizer tube (263; see Fig. 3 and 7; “cartridge”) including a liquid container (261; “reservoir”), the inside of which is filled with a liquid-storing media (264) filled with a liquid (para. 29; “vaporizable material”), an electric heating wire (265; “heating element configured to heat the vaporizable material”), and an air-puffing hole at the center of one end of the atomizer tube and placed atop the atomizer tube (para. 29; “mouthpiece”), in fluid communication with the electric heating wire (see Fig. 3 and 7); and
an inhaler tube (10; Fig. 5; “device body”) comprising:
a cartridge receptacle configured to receive the atomizer tube (see annotated Fig. 5; see also Fig. 7); and
an electric airflow sensor (6; “differential pressure sensor”) configured to generate a signal when airflow is detected from a user’s puffing action ([0025]; “output sensor readings”), wherein a top side of the electric airflow sensor (“first side”) is exposed to a first air flow path (i.e. from the airflow sensor 6 to the air puffing hole) and a bottom side of the electric airflow sensor (“second side”) is exposed to a device/second air path (i.e. from the cigarette cap 13 to the airflow sensor 6; “exits through the mouthpiece”), a portion of the first air flow path passing between an interior surface of the cartridge receptacle and an exterior surface of the cartridge (see Fig. 7);
wherein the first air flow path is separated (i.e., partitioned) from the device/second air path by a seal piece (25; “gasket”) that is formed on a bottom surface of the cartridge receptacle (see annotated Fig. 5 above).
However, Pan is silent as to the gasket seals the second air path from the first air flow path. The Examiner notes that Pan’s seal piece 25 forms a seal around the circumference of an interior wall of the device body, but it appears that air flows through the seal piece 25 and is therefore not air-tight.
Gavrielov teaches a power supply section for an e-vaping device (abstract) comprising:
a connector (50a) in the form of a female connector (para. 29) physically coupled to a male connector (50b; para. 29, 45) of a cartomizer (25; Fig. 4; “cartridge”), and air vents (55; “air inlet”) located in the connector (50a; para. 29; “between an outer wall of the cartridge and an inner wall of the cartridge receptacle”), wherein the puff sensor may sense receipt of air through the air vents and the chamber (para. 31; “air inlet positioned upstream of the pressure sensor”); and
a puff sensor holder (35; “gasket”) and a puff sensor (40) held in the power source section (75; para. 34), wherein the puff sensor is configured to sense a pressure drop (para. 35), and the combination of the puff sensor holder and the puff sensor form a seal configured to hermetically isolate (“an air-tight seal”) the power source portion (70) from the sensing portion (68) such that when airflow is created air flows via air vents (55) to create a pressure drop at the puff sensor so that little or no airflow enters the power source portion (para. 36).
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 seal piece and airflow sensor of Pan to form a hermetic seal as in Gavrielov, and adding connectors with an air vent as in Gavrielov upstream of the modified seal piece in order to create an inhalable airflow that is sensed by the sensor (Gavrielov; para. 36) with the benefit of preventing outgassing from the power source (Gavrielov; para. 36) thereby preventing potentially harmful gasses being released from the battery cell from being inhaled (Gavrielov; see para. 3).
Regarding claim 17, modified Pan discloses an cigarette cap (13) with small holes for air inflow ([0033]; “air inlet defined through an outer wall of the device body”).
Regarding claim 18, modified Pan discloses the small holes for air inflow ([0033]) is located at an end opposite the air-puffing hole at the center of one end of the atomizer tube and placed atop the atomizer tube ([0029]; Fig. 7; “mouthpiece”).
Regarding claim 19, modified Pan discloses the small holes for air inflow are defined through the cigarette cap ([0033]).
Regarding claim 20, modified Pan discloses when the cartridge receptacle insertably receives the cartridge (Fig. 7), the electric heating wire (265) is received in the cartridge receptacle (compare Fig. 5 and 7 above).
Regarding claim 24, modified Pan discloses the electric heating wire (265; “resistive heating element”).
Regarding claim 26, modified Pan discloses the electric airflow sensor (6; “one or more sensor”).
Regarding claim 27, modified Pan further discloses the inhaler tube comprises:
a first electric connector (17; “device heater contact”) connected to a second electric connector (21; “cartridge heater contact”);
an electric power source (5) supplying electric current to the electronic atomizer (para. 25);
and an integrated circuit board with the CPU processor (14; para. 33), the electric power source connects to the circuit board, which connects to the first electric connector ([0034]).
Regarding the claim limitation “contacts,” one of ordinary skill in the art would appreciate that the first electric connector 17 includes two contacts (see also Fig. 1, showing two line between the first electrical connector and the second electrical connector). This is necessary in order for the electricity to flow between the first and second connectors.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Pan in view of Gavrielov et al. as applied to claim 16 above, and further in view of Powers et al. (US 2015/0068523; of record).
Regarding claim 25, modified Pan discloses the vaporizer device as discussed above with respect to claim 16 above comprising the electric airflow sensor (6; “pressure sensor”).
However, modified Pan is silent as to the pressure sensor comprises at least one of a capacitive membrane and a MEMS pressure sensor.
Powers discloses an electronic inhalation device (Fig. 3; paragraph 6) comprising:
a distal end portion (104) and a proximal end portion (102) that is removable by a threaded connection, bayonet connection, or snap-on connection (Paragraph 39; interpreted as a cartridge receptacle; see below), wherein the proximal end portion comprises a container (121) containing a vaporizable liquid (Paragraph 37; equivalent to a vaporizable material), a heating element (117) for vaporizing the liquid (Paragraph 37-38), and wherein a user draws air from the proximal end portion (Paragraph 36; interpreted as a mouthpiece);
a pressure sensitive device (10; see Fig. 1-3; equivalent to a pressure sensor) including a first conductive membrane (14; equivalent to a diaphragm), which deflects or distorts to cause an electrical change such as a capacitive change between two surfaces such that capacitance may be monitored to determine a threshold distance between the membranes (paragraph 22, 34; interpreted as both “a capacitive membrane sensor” and “a MEMS sensor”);
detents (28) including an o-ring seal or gasket seal (Paragraph 31; equivalent to a gasket) around the pressure sensitive device (see Fig. 1-2) separating chamber (12) which includes a fluid inlet to maintain an ambient pressure (paragraph 30; equivalent to a second air path open to ambient pressure) and region (32) wherein air is replenished through openings (24) when air is drawn through openings (22) (Paragraph 33; equivalent to a first air path), wherein a side of the pressure sensitive device is exposed to the first air path (see Fig. 1-2; the right side is exposed to the first air path) and in fluid communication with the heating element (see arrow A in Fig. 3);
and a microcontroller (112) to measure pressure differential (Paragraph 38; equivalent to a microcontroller in communication with the pressure sensor).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted modified Pan’s electric airflow sensor for the pressure sensitive device of Powers in order to obtain the predictable result of measuring pressure with the benefit of reducing the cost of manufacture and lowering the power dissipation of the device (Powers; Paragraphs 4, 53).
Claims 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Pan (US 2010/0242974; of record) in view of Gavrielov et al. (US 2017/0042227; of record) and Robinson et al. (US 2017/0347713).
Regarding claim 28, Pan discloses an electronic cigarette (abstract; “vaporizer device”) comprising:
an atomizer tube (263; see Fig. 3 and 7; “cartridge”) including a liquid container (261; “reservoir”), the inside of which is filled with a liquid-storing media (264) filled with a liquid (para. 29; “vaporizable material”), an electric heating wire (265; “heating element configured to heat the vaporizable material”), and an air-puffing hole at the center of one end of the atomizer tube and placed atop the atomizer tube (para. 29; “mouthpiece”), in fluid communication with the electric heating wire (see Fig. 3 and 7); and
an inhaler tube (10; Fig. 5; “device body”) comprising:
a cartridge receptacle (see annotated Fig. 5; see also Fig. 7) configured to receive an atomizer tube (263; see Fig. 3 and 7; “cartridge”);
an electric airflow sensor (6; “differential pressure sensor”) configured to generate a signal when airflow is detected from a user’s puffing action ([0025]; “output sensor readings”), wherein a top side of the electric airflow sensor is exposed to a first air flow path (i.e. from the airflow sensor 6 to the air puffing hole) and a bottom side of the electric airflow sensor is exposed to a second air path (i.e. from the cigarette cap 13 to the airflow sensor 6; “exits through the mouthpiece”); and
a seal piece (25; para. 33; “gasket”) disposed to form a seal around the pressure sensor (see Fig. 5) separating (i.e. partitioning) the first air path from the second air path.
The Examiner notes that the first airflow path (i.e. from the airflow sensor 6 to the air puffing hole) appears to be in fluid communication with the second airflow path (i.e. from the cigarette cap 13 to the airflow sensor 6) through holes present in the electronic connector 17 and the sensor supporter 61 (see Fig. 5). This is further supported by Pan’s disclosure of no other air inlets.
However, Pan is silent as to wherein the gasket seals the first air path from the second air path The Examiner notes that Pan’s seal piece 25 forms a seal around the circumference of an interior wall of the device body, but it appears that air flows through the seal piece 25 and is therefore not air-tight.
Gavrielov teaches a power supply section for an e-vaping device (abstract) comprising:
a connector (50a) in the form of a female connector (para. 29) physically coupled to a male connector (50b; para. 29, 45) of a cartomizer (25; Fig. 4; “cartridge”), and air vents (55; “air inlet”) located in the connector (50a; para. 29; “between an outer wall of the cartridge and an inner wall of the cartridge receptacle”), wherein the puff sensor may sense receipt of air through the air vents and the chamber (para. 31; “air inlet positioned upstream of the pressure sensor”); and
a puff sensor holder (35; “gasket”) and a puff sensor (40) held in the power source section (75; para. 34), wherein the puff sensor is configured to sense a pressure drop (para. 35), and the combination of the puff sensor holder and the puff sensor form a seal configured to hermetically isolate (“an air-tight seal”) the power source portion (70) from the sensing portion (68) such that when airflow is created air flows via air vents (55) to create a pressure drop at the puff sensor so that little or no airflow enters the power source portion (para. 36).
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 seal piece and airflow sensor of Pan to form a hermetic seal as in Gavrielov, and adding male/female screw connectors with an air vent as in Gavrielov upstream of the modified seal piece in order to create an inhalable airflow that is sensed by the sensor (Gavrielov; para. 36) with the benefit of preventing outgassing from the power source (Gavrielov; para. 36) thereby preventing potentially harmful gasses being released from the battery cell from being inhaled (Gavrielov; see para. 3). Such a modification would result in a first air flow path that passes from the air vents in the screw connector, to the electric heating wire, and through the air-puffing hole.
Moreover, modified Pan is silent as to the first air flow path comprising a channel formed between an interior surface of the cartridge receptacle and an exterior surface of the cartridge, the first air flow path passing from an air inlet, through the channel and to the heating element and an outlet in the mouthpiece of the cartridge. Rather, modified Pan’s air vents are pre-formed in the screw connector (see Gavrielov) rather than being formed between an interior surface of the cartridge receptacle and an exterior surface of the cartridge.
Robinson teaches an apparatus for heating smokable material (abstract) comprising a first casing portion (10; Fig. 1) including a first connector (15) in the form of a first screw thread (15a; Fig. 5-6; equivalent to Gavrielov’s female connector) and a second casing portion (20) including a second connector (25) in the form of a second screw thread (25a; Fig. 7; equivalent to Gavrielov’s male connector) such that the first and second connectors cooperate to define four inlets (60; “channel”) defined via an outer wall of the first connector (see annotated Fig. 11) and an inner wall of the second connector (see annotated Fig. 11) (i.e., “formed between an interior surface of a cartridge receptacle and an exterior surface of the cartridge”) for admitting air into a recess (13) which fluidly communicate with the exterior of the apparatus via an annular gap (62; “air inlet”) that remains between the first and second connectors at an exterior surface of the apparatus (Fig. 11-12; [0089]), wherein the first and second connectors are relatively movable to alter a cross-sectional area of each of the inlets while maintaining engagement of the first and second connectors to control the air through the inlets ([0089]).
It would have been obvious to said skilled artisan to have modified Pan’s upstream air vent to have Robinson’s air channel structure including four inlets and an annular gap by modifying the in order to obtain the predictable result of moving the connectors relative to each other to alter the cross-sectional area of the air inlets and thus allow a user to beneficially control the amount of air flow through the air inlet (Robinson; [0089]).
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Regarding claim 29, modified Pan discloses the modified seal piece (25) hermetically isolates (Gavrielov; [0036]; “air-tight seal”) around an interior perimeter of the inhaler tube (10; Fig. 5).
Regarding claim 30, modified Pan discloses the electric airflow sensor (6) configured to generate a signal when airflow is detected from a user’s puffing action ([0025]; “pressure sensor and/or puff sensor”).
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 4-5, and 9-13 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 27-29, 31, and 33 of copending Application No. 16/077731 in view of Liu (US 2017/0162979; of record) and Worm et al. (US 2015/0245658; of record).
Regarding claim 1, the copending application recites a vaporizer device comprising:
a cartridge, wherein the cartridge comprises: a fluid storage compartment configured to hold a vaporizable material; a heater configured to heat the vaporizable material; and a mouthpiece; and
device body comprising:
a cartridge receptacle configured to receive [the] cartridge;
a pressure sensor (“one or more sensors configured to output sensor readings”), wherein a first side of the pressure sensor is exposed to the first air path (“sealed air flow path”) and a second side of the pressure sensor is exposed to the second air path (“device air path”), wherein the first air path is in fluid communication with the heater (“the sealed air flow path passing between an interior surface of the cartridge receptacle and an exterior surface of the cartridge”);
a gasket disposed to form a seal around the pressure sensor, wherein the seal separates and seals a first air path from a second air path (“the device air path is sealed from the sealed air flow path”) (see claims 27-28), wherein the gasket is positioned at and at least partially defines a bottom surface of the cartridge receptacle (claim 27).
However, the copending application does not recite wherein the cartridge receptacle is configured to insertably receive the cartridge by a non-rotational movement via a snap-fit coupling or a magnetic coupling. Liu teaches that in the prior art, electronic cigarettes with threaded connections have defects that provide loose connections ([0003]). Liu further teaches an electronic cigarette comprising an atomizer (10) comprising a fastener (104) arranged on the first connector ([0031]) and a second magnetic member being an external atomizer electrode (101; [0032]), and a battery rod (20) comprising a rod-shaped inner battery rod electrode (204), a first magnetic member (202) arranged on the second connector, and a battery rod insulator ring (203) arranged between the external battery electrode (201) and inner battery electrode (204), wherein the first and second magnetic members attract each other to prevent the fastener from being rotated back into the guiding groove (230; [0031]; “non-rotational movement via…a magnetic coupling”), and wherein the battery rod insulator ring extends from a bottom surface of a cartridge receptacle to an upper end of the cartridge receptacle (see annotated Fig. 1). Moreover, Liu teaches a
It would have been obvious to said skilled artisan to have the added connectors having to have first and second magnetic member as in Liu to the copending application in order to obtain the predictable result of preventing the connectors from being rotated (Liu; [0031]) with the benefit of preventing loose connections using the magnetic members to provide a firm connection that simple to use and thus improves the users’ experience (Liu; [0004], [0019]).
Moreover, the copending application does not recite a resistive heating element.
Worm teaches an electronic smoking article (abstract) wherein aerosol delivery devices use resistive heating to provide rapid aerosol formation ([0031], [0037]]).
It would have been obvious to said skilled artisan to have used applied the known prior art device of a resistive heating element as in Worm as the heating element in the copending application to obtain the predictable and beneficial result of providing rapid aerosol formation (Worm; [0031], [0037]).
Regarding claim 2, the copending application recites wherein the first air path is in fluid communication with the heater (claim 27; which would require “the flow path passes from an air inlet to the heater, and to an outlet of the mouthpiece of the cartridge”).
Regarding claim 4, the copending application recites a gasket disposed to form a seal around the pressure sensor (claim 27).
Regarding claim 5, the copending application recites an air inlet defined via an outer wall of the fluid storage compartment and an inner wall of the cartridge receptacle when the fluid storage compartment is at least partially received within the cartridge receptacle (claim 27).
Regarding claim 9, the copending application recites a pressure sensor (claim 27).
Regarding claim 10, the copending application recites a microcontroller in communication with the pressure sensor (claim 27).
Regarding claim 11, the copending application recites wherein the gasket forms an air-tight seal around a perimeter of an interior wall of the device body to form the seal separating the first air path from the second air path (claim 29).
Regarding claim 12, the copending application recites wherein the device body further comprises: device heater contacts configured to contact cartridge heater contacts on the cartridge, a power source configured to provide power to the device heater contacts, and a printed circuit board electrically connected to the power source and the device heater contacts (claim 31).
Regarding claim 13, the copending application recites wherein the device heater contacts are located at the bottom surface of the cartridge receptacle (claim 33).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 16 and 25-27 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 27-29, 31, and 41 of copending Application No. 16/077731.
Regarding claim 16, the copending application recites a vaporizer device comprising:
a cartridge, wherein the cartridge comprises: a fluid storage compartment configured to hold a vaporizable material; a heater configured to heat the vaporizable material; and a mouthpiece; and
device body comprising:
a cartridge receptacle configured to receive [the] cartridge;
a pressure sensor including a MEMS pressure sensor (“differential pressure sensor”), wherein a first side of the pressure sensor is exposed to the first air path and a second side of the pressure sensor is exposed to the second air path, wherein the first air path is in fluid communication with the heater (which necessarily exits through the mouthpiece);
a gasket disposed to form a seal around the pressure sensor, wherein the seal separates and seals a first air path from a second air path (see claims 27-28 and 41), wherein the gasket is positioned at and at least partially defines a bottom surface of the cartridge receptacle (claim 27).
Regarding claim 25, the copending application recites wherein the pressure sensor comprises at least one of a capacitive membrane and a MEMS pressure sensor (claim 41).
Regarding claim 26, the copending application recites wherein the pressure sensor comprises at least one of a capacitive membrane and a MEMS pressure sensor (claim 41).
Regarding claim 27, the copending application recites wherein the device body further comprises: device heater contacts configured to contact cartridge heater contacts on the cartridge, a power source configured to provide power to the device heater contacts, and a printed circuit board electrically connected to the power source and the device heater contacts (claim 31).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 24 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over copending Application No. 16/077731 as applied to claim 16 above, in further view of Worm et al. (US 2015/0245658; of record).
Regarding claim 24, the copending application does not recite a resistive heating element.
Worm teaches an electronic smoking article (abstract) wherein aerosol delivery devices use resistive heating to provide rapid aerosol formation ([0031], [0037]]).
It would have been obvious to said skilled artisan to have used applied the known prior art device of a resistive heating element as in Worm as the heating element in the copending application to obtain the predictable and beneficial result of providing rapid aerosol formation (Worm; [0031], [0037]).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 28-30 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 27 of U.S. Patent No. 10,130,123.
Regarding claims 28, the patent recites a vaporizer device comprising:
a cartridge comprising a reservoir configured to hold a vaporizable material, a heater configured to heat the vaporizable material, and a mouthpiece in fluid communication with the heater; and
a device body comprising:
a cartridge receptacle configured to insertably receive the cartridge;
a pressure sensor configured to output sensor readings, wherein a first side of the pressure sensor is exposed to a sealed air flow path and a second side of the pressure sensor is exposed to a device air path open to ambient pressure, the sealed air flow path comprising a channel formed between an interior surface of the cartridge receptacle and an exterior surface of the cartridge, the sealed air flow path passing from an air inlet, through the channel and to the heater and an outlet in the mouthpiece of the cartridge; and
a gasket around the pressure sensor, the gasket configured to seal the device air path from the sealed air flow path (claim 27).
Although the claims at issue are not identical, they are not patentably distinct from each other because the patent recites a narrower configuration of the device body (e.g., pressure sensor vs one or more sensors, and the arrangement of the gasket around the pressure sensor).
Regarding claim 29, the patent recites a gasket around the pressure sensor (claim 27).
Regarding claim 30, the patent recites the pressure sensor (claim 27).
Claims 1-2, 4-9, 16-20, and 25 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9, 16-20, and 25 of copending Application No. 19/028129 (reference application).
Regarding claim 1, the copending application recites a vaporizer device, comprising:
a cartridge comprising a reservoir configured to hold a vaporizable material, a resistive heating element configured to heat the vaporizable material, and a mouthpiece in fluid communication with the heater; and
a device body comprising:
a cartridge receptacle configured to insertably receive the cartridge; and
one or more sensors configured to output sensor readings, wherein the one or more sensors are exposed to a sealed air flow path and to a device air path, a portion of the sealed air flow path passing between an interior surface of the cartridge receptacle and an exterior surface of the cartridge;
a gasket that separates the sealed air flow path from the device air path (claim 3);
wherein the device air path is sealed from the air flow path, and
wherein the cartridge receptacle is configured to insertably receive the cartridge by a non- rotational movement via a snap-fit coupling or a magnetic coupling (claim 1); and
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims differ in the specificity of certain parts (e.g., resistive heating element vs heater).
Moreover, the copending application does not explicitly recite that the gasket is formed on a bottom surface of the cartridge receptacle. However, it would have been obvious to one of ordinary skill in the art to modify the position of the gasket because such a modification amounts to rearrangement of parts, which is an obvious matter of design choice absent persuasive arguments that it would have modified the operation of the device. See MPEP 2144.04(VI)(C).
Regarding claim 2, the copending application recites wherein the portion of the sealed air flow path passes from an air inlet to the heater, and to an outlet in the mouthpiece of the cartridge (claim 2).
Regarding claim 4, the copending application recites wherein the gasket is formed around the one or more sensors (claim 4).
Regarding claim 5, the copending application recites further comprising an air inlet formed between the exterior surface of the cartridge and the interior surface of the cartridge receptacle (claim 5).
Regarding claim 6, the copending application recites wherein the air inlet is at least partially received within the cartridge receptacle (claim 6).
Regarding claim 7 , the copending application recites wherein the cartridge receptacle terminates in a proximal edge, where the air inlet extends from the proximal edge of the receptacle towards the distal end of the cartridge when the cartridge receptacle insertably receives the cartridge (claim 7).
Regarding claim 8, the copending application recites wherein when the cartridge receptacle insertably receives the cartridge, the resistive heating element is at least partially received in the cartridge receptacle (claim 8).
Regarding claim 9, the copending application recites wherein at least one of the one or more sensors is a puff sensor or a pressure sensor (claim 9).
Regarding claim 16, the copending application recites vaporizer device, comprising:
a cartridge comprising a reservoir configured to hold a vaporizable material, a heating element configured to heat the vaporizable material, and a mouthpiece in fluid communication with the heating element; and
a device body comprising:
a cartridge receptacle configured to insertably receive the cartridge;
a differential pressure sensor configured to output sensor readings, wherein a first side of the pressure sensor is exposed to a first air flow path that exits through the mouthpiece and a second side of the pressure sensor is exposed to a second air path open to ambient pressure; and
a gasket sealing the second air path from the first air flow path (claim 16)
wherein the gasket is formed on a bottom surface of the cartridge receptacle (claim 23).
Although the claims at issue are not identical, they are not patentably distinct from each other because the claims differ in the scope of the independent claim.
Regarding claim 17, the copending application recites further comprising: an air inlet defined through an outer wall of the device body (claim 17).
Regarding claim 18, the copending application recites wherein the air inlet is formed on an end of the device opposite the mouthpiece (claim 18).
Regarding claim 20, the copending application recites wherein when the cartridge receptacle insertably receives the cartridge, the heating element is at least partially received in the cartridge receptacle (claim 20).
Regarding claim 25, the copending application recites wherein the differential pressure sensor comprises a microelectromechanical systems (MEMS) pressure sensor (claim 25).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claims 28-30 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 28-30 of copending Application No. 19/028129 (reference application).
Regarding claim 28, the copending application recites a vaporizer device, comprising:
a cartridge comprising a reservoir configured to hold a vaporizable material, a heating element configured to heat the vaporizable material, and a mouthpiece in fluid communication with the heater; and
a device body comprising:
a cartridge receptacle configured to insertably receive the cartridge;
one or more sensors configured to output sensor readings, wherein the sensors are exposed to a first air flow path and to a second air path, the first air flow path comprising a channel formed between an interior surface of the cartridge receptacle and an exterior surface of the cartridge, the first air flow path passing from an air inlet, through the channel and to the heating element and an outlet in the mouthpiece of the cartridge; and
a gasket sealing the first air path from the second air flow path (claim 28).
While the copending application recites “in fluid communication with the heater,” one of ordinary skill in the art would appreciate that “the heater” is synonymous with the claimed “heating element.”
Regarding claim 29, the copending application recites wherein the gasket is formed around a perimeter of each of the one or more sensors (claim 29).
Regarding claim 30, the copending application recites wherein the one or more sensors comprise a pressure sensor and/or a puff sensor (claim 30).
This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Claims 1-2, 4-7, and 9-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-8, 9-13, and 15 of copending Application No. 19/286951 (reference application).
Regarding claim 1-2, the copending application recites: a vaporizer device, comprising:
a cartridge comprising a reservoir configured to hold a vaporizable material, a resistive heating element configured to heat the vaporizable material, and an aerosol outlet in fluid communication with the heater; and
a device body comprising:
a cartridge receptacle configured to insertably receive the cartridge;
one or more sensors configured to output sensor readings, wherein the one or more sensors are exposed to a sealed air flow path and to a device air path; and
a gasket that separates the sealed air flow path from the device air path,
wherein at least a portion of the heating element is within the cartridge receptacle upon insertion of the cartridge,
wherein the device air path is sealed from the air flow path,
wherein the cartridge receptacle is configured to insertably receive the cartridge by a non-rotational movement via a snap-fit coupling or a magnetic coupling (claim 1),
wherein the portion of the sealed air flow path passes from an air inlet to the heater, and to the aerosol outlet of the cartridge (claim 2).
Although the claims at issue are not identical, they are not patentably distinct from each other because the claimed sealed air flow path in the copending application is narrower than the instant claimed sealed air flow path. Furthermore, one of skill in the art would appreciate that an aerosol outlet is synonymous with a mouthpiece, since it is the location of the cartridge in which a user would inhale the aerosol generated in the cartridge.
Moreover, the copending application does not explicitly recite that the gasket is formed on a bottom surface of the cartridge receptacle. However, it would have been obvious to one of ordinary skill in the art to modify the position of the gasket because such a modification amounts to rearrangement of parts, which is an obvious matter of design choice absent persuasive arguments that it would have modified the operation of the device. See MPEP 2144.04(VI)(C).
Regarding claim 4, the copending application recites wherein the gasket is formed around the one or more sensors (claim 5).
Regarding claim 5, the copending application recites further comprising an air inlet formed between the exterior surface of the cartridge and the interior surface of the cartridge receptacle (claim 6).
Regarding claim 6, the copending application recites wherein the air inlet is at least partially received within the cartridge receptacle (claim 7).
Regarding claim 7, the copending application recites wherein the cartridge receptacle terminates in a proximal edge, where the air inlet extends from the proximal edge of the receptacle towards the distal end of the cartridge when the cartridge receptacle insertably receives the cartridge (claim 8).
Regarding claim 9, the copending application recites wherein at least one of the one or more sensors is a puff sensor (claim 9) or a pressure sensor (claim 10).
Regarding claim 10, the copending application recites further comprising a microcontroller in communication with the sensor (claim 11).
Regarding claim 11, the copending application recites wherein the gasket forms an air-tight seal around a perimeter of an interior wall of the device body (claim 3).
Regarding claim 12, the copending application recites wherein the device body further comprises: device heater contacts configured to contact cartridge heater contacts on the cartridge; a power source configured to provide power to the device heater contacts; and a printed circuit board electrically connected to the power source and the device heater contacts (claim 12).
Regarding claim 13, the copending application recites wherein the device heater contacts are located at the bottom surface of the cartridge receptacle (claim 13).
Regarding claim 14, the copending application recites where the cartridge has a proximal end and a distal end opposite the proximal end, wherein the aerosol outlet is disposed at the proximal end (claim 15).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
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/SONNY V NGUYEN/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755