DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
The information disclosure statement filed 6/15/2025 fails to comply with the provisions of 37 CFR 1.98(a)(4) because it lacks the appropriate size fee assertion. It has been placed in the application file, but the information referred to therein has not been considered as to the merits.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 38 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The claim states “generating a consistent smoke plume” but it would be unclear to one of ordinary skill in the art what would qualify as sufficiently “consistent” and the specification has no mention of what “consistent” means either.
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 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 1-47 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-48 of U.S. Patent No. 12,191,675. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same subject matter.
The claim correspondence is as follows:
Claim
Application
12,191,675
1
1. A method comprising: vaporizing, by a heater that comprises a wire, a liquid mixture; producing, by a sensor, an output signal that is responsive to a physical phenomenon; visually displaying, by a display, data that comprises, or is responsive to, the output signal; connecting, by a connector, to a power source for charging, by a battery charger from the power source, a rechargeable battery; and powering, by the rechargeable battery, the heater and the display, wherein the heater, the sensor, the liquid mixture, the connector, the display, and the rechargeable battery are in a housing that is cylinder or cone shaped.
1. A device comprising: a liquid mixture and a heater for vaporizing the liquid mixture; a counter for producing a value that represents a count value; a display for visually displaying the value; a connector for connecting to a power source; a rechargeable battery for powering the display and the heater; a battery charger connected to the connector for being powered from the power source; and a housing that is dimensioned and shaped as a hand-held housing for enclosing the liquid mixture, the heater, the counter, the display, the connector, the battery, and the battery charger. & 47. The device according to claim 1, wherein the heater comprises a wire. & 34. The device according to claim 1, further comprising a sensor that produces an output signal that is responsive to a physical phenomenon, that is in the housing, and that is coupled to a processor. & 35. The device according to claim 34, further configured to display in response to the sensor output signal. & 2. The device according to claim 1, wherein the housing is cylinder or cone shaped.
2
2. The method according to claim 1, wherein the housing is dimensioned and shaped as a hand-held housing.
1. A device comprising: a liquid mixture and a heater for vaporizing the liquid mixture; a counter for producing a value that represents a count value; a display for visually displaying the value; a connector for connecting to a power source; a rechargeable battery for powering the display and the heater; a battery charger connected to the connector for being powered from the power source; and a housing that is dimensioned and shaped as a hand-held housing for enclosing the liquid mixture, the heater, the counter, the display, the connector, the battery, and the battery charger.
3
3. The method according to claim 1, wherein the housing is substantially shaped in horizontal or vertical cross-section that is elongated or oval.
3. The device according to claim 1, wherein the housing is substantially shaped in horizontal or vertical cross-section that is elongated or oval.
4
4. The method according to claim 1, further for use with a container in the housing that contains the liquid mixture.
4. The device according to claim 1, further for use with a container in the housing that contains a liquid mixture.
5
5. The method according to claim 1, wherein the charging comprises contactless charging, by the battery charger, the rechargeable battery.
5. The device according to claim 1, further comprising contactless charging, by a battery charger in the housing, the rechargeable battery.
6
6. The method according to claim 5, wherein the contactless charging is induction-based, wherein the battery charger comprises, or consists of, an induction coil for inductively receiving AC power when in an electromagnetic field, and wherein the charging comprises charging the rechargeable battery from the received AC power.
6. The device according to claim 5, wherein the contactless charging is induction-based, wherein the battery charger comprises, or consists of, an induction coil for inductively receiving AC power when in an electromagnetic field, and wherein the charging comprises charging the rechargeable battery from the received AC power.
7
7. The method according to claim 1, further comprising communicating over a wireless network, wherein the displaying further comprises displaying in response to data received over the wireless network.
7. The device according to claim 1, further comprising communicating over a wireless network, wherein the display is further configured to display in response to data received over the wireless network.
8
8. The method according to claim 7, wherein the wireless network is a Wireless Personal Area Network (WPAN).
8. The device according to claim 7, wherein the wireless network is a Wireless Personal Area Network (WPAN).
9
9. The method according to claim 8, wherein the wireless network uses Bluetooth protocol according to IEEE 802.15.1 standard.
9. The device according to claim 8, wherein the wireless network uses Bluetooth protocol according to IEEE 802.15.1 standard.
10
10. The method according to claim 7, wherein the wireless network is a Wireless Local Area Network (WLAN).
10. The device according to claim 7, wherein the wireless network is a Wireless Local Area Network (WLAN).
11
11. The method according to claim 10, wherein the wireless network uses WLAN protocol according to IEEE 802.11 standard.
11. The device according to claim 10, wherein the wireless network uses WLAN protocol according to IEEE 802.11 standard.
12
12. The method according to claim 1, further comprising producing, by an accelerometer enclosed in the housing, an output value that is responsive to an acceleration or position of the housing.
12. The device according to claim 1, further comprising an accelerometer enclosed in the housing that is responsive to an acceleration or position of the housing.
13
13. The method according to claim 12, wherein the displaying comprises displaying in response to the output value.
13. The device according to claim 12, wherein the display is configured to display in response to the acceleration or position of the housing.
14
14. The method according to claim 12, wherein the accelerometer comprises, consists of, uses, or is based on, a piezoelectric, piezoresistive, capacitive, Micro-mechanical Electrical Systems (MEMS), or electromechanical accelerometer.
14. The device according to claim 12, wherein the accelerometer comprises, consists of, uses, or is based on, a piezoelectric, piezoresistive, capacitive, Micro-mechanical Electrical Systems (MEMS), or electromechanical accelerometer.
15
15. The method according to claim 12, wherein the output value is responsive to a magnitude or a direction of a housing acceleration or position, and the accelerometer is a single-axis, two-axis, or a three-axis accelerometer.
15. The device according to claim 12, wherein the output signal is responsive to a magnitude or a direction of the housing acceleration or position, and the accelerometer is a single-axis, two-axis, or a three-axis accelerometer.
16
16. The method according to claim 1, wherein the housing further comprising a compartment mechanically secured to the housing for enclosing at least the rechargeable battery and a securely removable cover for covering the compartment, so that when the cover is removed the compartment is accessible at least for replacing the rechargeable battery.
16. The device according to claim 1, wherein the housing further comprising a compartment mechanically secured to the housing for enclosing at least the rechargeable battery and a securely removable cover for covering the compartment, so that when the cover is removed the compartment is accessible at least for replacing the rechargeable battery.
17
17. The method according to claim 1, wherein the displaying further comprises indicating a first status.
17. The device according to claim 1, wherein the display is configured to further indicate a first status.
18
18. The method according to claim 1, wherein the display comprises, consists of, or is based on, a semiconductor component, an incandescent lamp, or a fluorescent lamp.
18. The device according to claim 1, wherein the display comprises, consists of, or is based on, a semiconductor component, an incandescent lamp, or a fluorescent lamp.
19
19. The method according to claim 1, wherein the display comprises, consists of, or is based on, a Light Emitting Diode (LED).
19. The device according to claim 1, wherein the display comprises, consists of, or is based on, a Light Emitting Diode (LED).
20
20. The method according to claim 19, wherein the LED is a multi-color LED operative to illuminate in multiple colors.
20. The device according to claim 19, wherein the LED is a multi-color LED operative to illuminate in multiple colors.
21
21. The method according to claim 1, wherein the display consists of, or comprises, a numerical display for displaying one or more digits representing a number.
21. The device according to claim 1, wherein the display consists of, or comprises, a numerical display for displaying one or more digits representing a number.
22
22. The method according to claim 21, wherein the numerical display comprises, consists of, or uses, seven-segments display.
22. The device according to claim 21, wherein the numerical display comprises, consists of, or uses, seven-segments display.
23
23. The method according to claim 1, wherein the display consists of, or comprises, an alphanumeric display for displaying characters, numbers, letters, or symbols.
23. The device according to claim 1, wherein the display consists of, or comprises, an alphanumeric display for displaying characters, numbers, letters, or symbols.
24
24. The method according to claim 23, wherein the alphanumeric display is operative to display scrolling, static, or flashing words or characters.
24. The device according to claim 23, wherein the alphanumeric display is operative to display scrolling, static, or flashing words or characters.
25
25. The method according to claim 1, wherein the display consists of, or comprises, a flat-panel digital display for displaying graphical or text information.
25. The device according to claim 1, wherein the display consists of, or comprises, a flat-panel digital display for displaying graphical or text information.
26
26. The method according to claim 25, wherein the digital display is based on, comprises, or uses, a Liquid Crystal Display (LCD), a Thin-Film Transistor (TFT), or a Field Emission Display (FED) display.
26. The device according to claim 25, wherein the digital display is based on, comprises, or uses, a Liquid Crystal Display (LCD), a Thin-Film Transistor (TFT), or a Field Emission Display (FED) display.
27
27. The method according to claim 1, further comprising indicating by emitting, by an audible signaling component in the housing, a first status.
27. The device according to claim 1, further an audible signaling component in the housing that indicates a first status.
28
28. The method according to claim 27, wherein the audible signaling component comprises, or uses, an electro-mechanical transducer, an electro-acoustical transducer, or a piezoelectric sounder.
28. The device according to claim 27, wherein the audible signaling component comprises, or uses, an electro-mechanical transducer, an electro-acoustical transducer, or a piezoelectric sounder.
29
29. The method according to claim 28, wherein the audible signaling component comprises, or uses, a loudspeaker, and the housing further comprises a memory storing an audible sound in a digital form, and a digital to analog converter coupled between the memory and the loudspeaker for reproducing, by the loudspeaker, the stored audible sound.
29. The device according to claim 28, wherein the audible signaling component comprises, or uses, a loudspeaker, and the housing further comprises a memory storing an audible sound in a digital form, and a digital to analog converter coupled between the memory and the loudspeaker for reproducing, by the loudspeaker, the stored audible sound.
30
30. The method according to claim 27, wherein the audible signaling component consists of, comprises, or uses, a buzzer, a chime, a whistler, or a ringer, and wherein the emitting comprises emitting audible sound comprises a single tone, multiple tones, a melody, or music.
30. The device according to claim 27, wherein the audible signaling component consists of, comprises, or uses, a buzzer, a chime, a whistler, or a ringer, and wherein the emitted audible sound comprises a single tone, multiple tones, a melody, or music.
31
31. The method according to claim 1, further comprising communicating with, and for being controlled by, a portable electronic method that is external to the housing, using a modem in the housing.
31. The device according to claim 1, further comprising communicating with, and for being controlled by, a portable electronic device that is external to the housing, using a modem in the housing.
32
32. The method according to claim 31, wherein the modem is coupled to a processor.
32. The device according to claim 31, wherein the modem is coupled to a processor.
33
33. The method according to claim 31, wherein the portable electronic method comprises a notebook computer, a laptop computer, a media player, a cellular telephone, a Personal Digital Assistant (PDA), a digital camera, a video recorder, or any combination thereof.
33. The device according to claim 31, wherein the portable electronic device comprises a notebook computer, a laptop computer, a media player, a cellular telephone, a Personal Digital Assistant (PDA), a digital camera, a video recorder, or any combination thereof.
34
34. The method according to claim 1, further comprising producing, by a counter in the housing, a value that represents a counted value.
1. A device comprising: a liquid mixture and a heater for vaporizing the liquid mixture; a counter for producing a value that represents a count value; a display for visually displaying the value; a connector for connecting to a power source; a rechargeable battery for powering the display and the heater; a battery charger connected to the connector for being powered from the power source; and a housing that is dimensioned and shaped as a hand-held housing for enclosing the liquid mixture, the heater, the counter, the display, the connector, the battery, and the battery charger.
35
35. The method according to claim 34, wherein the displaying further comprising displaying the counted value or any function thereof.
1. A device comprising: a liquid mixture and a heater for vaporizing the liquid mixture; a counter for producing a value that represents a count value; a display for visually displaying the value; a connector for connecting to a power source; a rechargeable battery for powering the display and the heater; a battery charger connected to the connector for being powered from the power source; and a housing that is dimensioned and shaped as a hand-held housing for enclosing the liquid mixture, the heater, the counter, the display, the connector, the battery, and the battery charger.
36
36. The method according to claim 1, wherein the sensor is a light sensor, force sensor, or pressure sensor.
36. The device according to claim 34, wherein the sensor is a light sensor, force sensor, or pressure sensor.
37
37. The method according to claim 1, wherein the sensor is a light sensor that comprises one or more photocells.
37. The device according to claim 34, wherein the sensor is a light sensor that comprises one or more photocells.
38
38. The method according to claim 1, further comprising generating a consistent smoke plume.
38. The device according to claim 1, further configured to generate a consistent smoke plume.
39
39. The method according to claim 1, further for use with a chimney in the housing, the method further comprising forcing the vaporized mixture to be expelled via the chimney.
39. The device according to claim 1, further for use with a chimney in the housing, further configured for forcing the vaporized mixture to be expelled via the chimney.
40
40. The method according to claim 1, further comprising measuring, by a timer in the housing, a time interval between two sensed events sensed, and activating, controlling, or displaying, in response to the measured time interval.
40. The device according to claim 1, further comprising in the housing a timer for measuring a time interval for measuring, by the timer, a time interval between two sensed events sensed, and activating, controlling, or displaying, in response to the measured time interval.
41
41. The method according to claim 1, further comprising affecting, by an electric motor in the housing, a physical movement.
41. The device according to claim 1, further comprising an electric motor for affecting a physical movement.
42
42. The method according to claim 1, further comprising switching, by a controlled switch, DC power from the rechargeable battery to a controlled component.
42. The device according to claim 1, further comprising a controlled switch for switching DC power from the rechargeable battery to a controlled component.
43
43. The method according to claim 42, wherein the controlled component comprises, or consists of, the display or the heater.
43. The device according to claim 42, wherein the controlled component comprises, or consists of, the display or the heater.
44
44. The method according to claim 43, wherein the controlled switch is based on, comprises, or using, an electro-mechanical relay, a solid-state relay, or an optocouplers.
44. The device according to claim 43, wherein the controlled switch is based on, comprises, or using, an electro-mechanical relay, a solid-state relay, or an optocouplers.
45
45. The method according to claim 44, further comprising affecting, by the controlled component, a physical movement.
45. The device according to claim 44, further configured for affecting, by the controlled component, a physical movement.
46
46. The method according to claim 45, wherein the controlled component is a motor or a fan.
46. The device according to claim 45, wherein the controlled component is a motor or a fan.
47
47. The method according to claim 1, wherein the wire comprises, or consists of, a nickel chromium wire.
48. The device according to claim 47, wherein the wire comprises, or consists of, a nickel chromium wire.
Allowable Subject Matter
Claims 1-47 would be allowed over the prior art once the double patenting and 112 rejections are overcome.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not disclose nor suggest a method that vaporizes a liquid mixture using a heated wire, producing an output signal from a sensor that is based on a physical value and displaying data based on that sensor output signal, powering the device through a rechargeable battery that is connected to a power source for charging through a connector all being contained within a housing that is cylinder or cone shaped.
The closest prior art to Aronie (US 20020071664) discloses a toy that vaporizes liquid to make smoke but fails to disclose anything about a sensor or display.
Conclusion
Related Art:
US 20170016612 A1 – a heater with display elements
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS R HUNNINGS whose telephone number is (571)272-3118. The examiner can normally be reached M: 6-7:30a, 9:30a-4:45p, 8:30-10p; T: 6-7:30a, 12-4p, 7:30p-12a; W: 6-7:30a, 9:30a-4:45p; H: 6-7:30a, 8:15a-4:45p; F: 12:00-4:45p.
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/TRAVIS R HUNNINGS/ Primary Examiner, Art Unit 2689