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 .
The information disclosure statement filed on 12/3/2026 has been entered. Claim 1 has been cancelled. Claims 2-21 are presented for examination.
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 2-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims of U.S. Patent No. 12,193,480. Although the claims at issue are not identical, they are not patentably distinct from each other because they essentially recite the same limitations.
Claim 2 of the application
Claim 1 of the ‘480 patent
2. (New) A device comprising:
a body defining at least one slot configured to receive at least one electronic vaping device, the at least one electronic vaping device including a cartridge and a battery section;
a device battery configured to charge the battery section of the at least one electronic vaping device;
a charger input communicatively coupled to the device battery; and
a controller configured to detect insertion of the at least one electronic vaping device into the at least one slot, determine a charge level of the battery section, in response to the charge level of the battery section being above a first threshold value, unlock the battery section to enable supply of power to the cartridge, in response to the charge level of the battery section being below the first threshold value, determine whether a charge level of the device battery is above a second threshold, in response to the charge level of the device battery being above the second threshold, enable charging of the battery section, in response to the charge level of the device battery being below the second threshold, enable charging of the device battery and the battery section by an external power source via the charger input, determine whether the device battery is connected to the external power source, and
in response to determining that the device battery is not connected to the external power source, communicate an absence of a connection of the device battery to the external power source and recheck for a connection of the device batter to the external power source after a threshold period of time.
1. A device comprising:
a body defining at least one slot configured to receive at least one electronic vaping device, the at least one electronic vaping device including a cartridge and a battery section;
a device battery configured to charge the battery section of the at least one electronic vaping device;
a charger input communicatively coupled to the device battery;
a controller configured to detect insertion of the at least one electronic vaping device into the at least one slot, determine a charge level of the battery section, in response to the charge level of the battery section being above a first threshold value, unlock the battery section to enable supply of power to the cartridge, in response to the charge level of the battery section being below the first threshold value, determine whether a charge level of the device battery is above a second threshold, in response to the charge level of the device battery being above the second threshold, enable charging of the battery section,
in response to the charge level of the device battery being below the second threshold, enable charging of the device battery and the battery section by an external power source via the charger input, determine whether the device battery is connected to the external power source,
in response to determining that the device battery is not connected to the external power source, communicate an absence of a connection of the device battery to the external power source and,
in response to the device battery not being connected to the external power source, recheck for a connection of the device battery to the external power source after a threshold period of time; and a first switch configured to connect the external power source to the device battery via the charger input; and a second switch configured to selectively connect the device battery to the battery section or the external power source to the battery section via the charger input.
Claim 3 is rejected in view of claim 2 of the ‘480 patent.
Claim 4 is rejected in view of claim 3 of the ‘480 patent.
Claim 5 is rejected in view of claim 4 of the ‘480 patent.
Claim 6 is rejected in view of claim 5 of the ‘480 patent.
Claim 7 is rejected in view of claim 68 of the ‘480 patent.
Claim 8 is rejected in view of claim 7 of the ‘480 patent.
Claim 9 is rejected in view of claim 8 of the ‘480 patent.
Claim 10 is rejected in view of claim 9 of the ‘480 patent.
Claim 11 is rejected in view of claim 10 of the ‘480 patent.
Claim 12 is rejected in view of claim 11 of the ‘480 patent.
Claim 13 is rejected in view of claim 12 of the ‘480 patent.
Claim 14 is rejected in view of claim 13 of the ‘480 patent.
Claim 15 is rejected in view of claim 14 of the ‘480 patent.
Claim 16 is rejected in view of claim 15 of the ‘480 patent.
Claim 17 is rejected in view of claim 15 of the ‘480 patent.
Claim 18 is rejected in view of claim 16 of the ‘480 patent.
Claim 19 is rejected in view of claim 17 of the ‘480 patent.
Claim 20 is rejected in view of claim 18 of the ‘480 patent.
Claim 21 is rejected in view of claim 19 and 20 of the ‘480 patent.
The entire claims set of the ‘480 patent is herein provided for further review:
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN MINH LE whose telephone number is (571)272-2396. The examiner can normally be reached 6:30-5:00 PM M-Th..
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Paik can be reached at 571-272-2404. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THIEN M LE/Primary Examiner, Art Unit 2876
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