DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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.
Information Disclosure Statements
2. The information disclosure statements (IDS) submitted on 05/12/25 and 07/11/25 have been considered by the examiner.
Specification
3. The disclosure is objected to because of the following informalities: in paragraph [0001], reference to parent case 18/757,881 should be updated so as to reflect the fact that this application has now issued as U.S. Patent No. 12,302,951 On line 5 of paragraph [0003], "systems. Due to" should be changed to --systems, which is due to--. On the second line of paragraph [0004], "Dispensing Device" should be changed to
--dispensing device--, and on line 3 of this paragraph, the comma after the word "system" should be deleted. On line 12 of paragraph [0004], the word --which-- should be inserted after "abilities", and on line 13 of this paragraph, the word "of" should be deleted. On the penultimate line of paragraph [0006], the word --on-- should be inserted after "MOSFET". On the second line of paragraph [0008], the word "resister" should be changed to --resistor--. On the second line of paragraph [0010], the comma after the first occurrence of the word "stage" should be changed to --and--. On the first line of paragraph [0012], the word --register-- should be inserted after "flip-flop", and on the second line of this paragraph, the word --is-- should be inserted after "output". On lines 5 and 7 of paragraph [0012], the word --register-- should be inserted after "flip-flop", and on the last line of this paragraph, the word "and" should be changed to --, thereby--. On the first line of paragraph [0017], "Safety Controller" should be changed to --safety controller--. On the first line of paragraph [0019], the word "Circuitry" should be changed to --circuitry--, and note that the same change should also be made on the first line of paragraph [0022]. On the first line of paragraph [0019], the word "Signal" should be changed to --signal--. On the penultimate line of paragraph [0031], the word --situation-- should be inserted after "dangerous". On line 5 of paragraph [0032], "the" should be changed to -- The--. On lines 2 and 3 of paragraph [0033], the word --devices-- should be inserted after "cigarette". On line 3 of paragraph [0034], the word --device-- should be inserted after "cigarette", and on the last line of this paragraph, the first occurrence of "a" should be changed to --an--. On line 4 of paragraph [0035], "a EoCPI detection" should be changed to --an EoCPI detection device--. On the second line of paragraph [0036], the word --which-- should be inserted after "abilities". On the second line of paragraph [0037], the word --device-- should be inserted after "detection", and also on this line, "Safety Controller" should be changed to --safety controller device--. On the second line of paragraph [0039], the word --to-- should be inserted after "correspond", and also on this line, "Short Detection" should be changed to --short detection device--. On the first line of paragraph [0043], the word "Safety" should be changed to
--safety--. On the first line of paragraph [0050], the word "Circuitry" should be changed to --circuitry--. On the second line of paragraph [0054], --a-- should be inserted after the word "without". Of paragraph [0056], "Circuitry of the Safety" should be changed to
--circuitry of the safety--. On the first line of paragraph [0057], "the" should be changed to --a--, and on the second line of this paragraph, --a-- should be inserted at the beginning of the line before the word "second". On the first line of paragraph [0063], the word --register-- should be inserted after "flip-flop", and on the second line of this paragraph, the word "output" should be changed to --is output at--. On the second line of paragraph [0065], the word --register-- should be inserted after "flip-flop", and note that the same insertion should also be made on the second line of paragraph [0066]. On the first line of paragraph [0068], the word "Signal" should be changed to --signal--. On the last line of paragraph [0077], the word "table" should be changed to --Table--. On line 3 of paragraph [0082], the word "Safety" should be changed to --safety--. On the second line of paragraph [0084], the word "safe" should be changed to --safety--. On line 4 of paragraph [0087], the comma after the word "as" should be deleted.
Appropriate correction is required.
Claim Objections
4. Claims 1, 3, 6, 8, 9, 12-14 and 17-20 are objected to because of the following informalities:
On the first line of claim 1, "Dispensing Device" should be changed to
--dispensing device--.
On the second line of claim 1, the second occurrence of "a" should be changed to --an--, and also on this line, the word "the" at the end of the line should be changed to --a--.
On line 3 of claim 1, the word --device-- should be inserted after "protection".
On line 4 of claim 1, the word --to-- should be inserted after "coupled".
On line 11 of claim 1, the word --which-- should be inserted after "abilities".
On line 14 of claim 1, the word "of" should be deleted.
On the last line of claim 3, the word --dispensing-- should be inserted before "device", and also on this line, "of the dispensing device" should be deleted.
On line 3 of claim 6, the word --on-- should be inserted after "MOSFET".
On the second line of claim 8, the word "resister" should be changed to
--resistor--.
On the second line of claim 9, the word "is" should be changed to --has--, and on the last line of this claim, the word "product" should be changed to
--dispensing device--.
On the second line of claim 12, the word "Power" should be changed to
--power--, and on line 4 of this claim, the word "Atomizer" should be changed to
--atomizer--.
On the second line of claim 13, --a-- should be inserted after the word "without".
On the penultimate line of claim 14, the word --signal-- should be inserted at the end of the line before "delay".
On line 3 of claim 17, "a" should be changed to --the--.
On line 3 of claim 18, the word --inserted-- should be inserted after "cartridge". On line 3 of claim 19, the word --dispensing-- should be inserted before "device".
On the first line of claim 20, the word --resister-- should be inserted after "flip-flop", and note that the same insertion should also be made on line 5 of this claim.
On the second line of claim 20, the word "output" should be changed to
--outputs--, and note that the same change should also be made on line 4 of this claim.
On line 7 of claim 20, the word --dispensing-- should be inserted before "device".
On the penultimate line of claim 20, the word --register-- should be inserted after "flip-flop".
On the last line of claim 20, the word --dispensing-- should be inserted before "device".
Appropriate correction is required.
Double Patenting
5. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,302,951. Although the claims at issue are not identical, they are not patentably distinct from each other because all of the limitations of claims 1-20 of the present application are fully anticipated by what is recited in claims 1-20 of the '951 patent. Specifically, the limitations recited on lines 1-7 of independent claim 1 of the present application are fully anticipated by what is recited on lines 1-12 of claim 1 of the '951 patent; the limitations recited on lines 8-9 of independent claim 1 of the present application are fully anticipated by what is recited on lines 13-15 of claim 1 of the '951 patent; the limitations recited on lines 10-12 of independent claim 1 of the present application are fully anticipated by what is recited on lines 16-19 of claim 1 of the '951 patent; and the limitations recited on the last four lines of independent claim 1 of the present application are fully anticipated by what is recited on lines 20-26 of claim 1 of the '951 patent. Note also that all of the limitations of dependent claims 2-20 of the present application are also fully anticipated by what is recited in dependent claims 2-20, respectively, of the '951 patent.
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.
Allowable Subject Matter
6. Claims 1-20 would be allowable upon the filing of the above-noted terminal disclaimer
The following is a statement of reasons for the indication of allowable subject matter: none of the prior art of record discloses or suggests a dispensing device which comprises a battery, a switch, an electromechanical feedback UI, an atomizer, an atomizer controller, a safety controller, an EoCPI detection device and a short detection device configured as recited in independent claim 1.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KENNETH B WELLS whose telephone number is (571)272-1757. The examiner can normally be reached Monday-Friday, 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, REGIS J BETSCH, can be reached at (571)270-7101. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KENNETH B WELLS/Primary Examiner, Art Unit 2836 July 10, 2026
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