DETAILED ACTION
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.
Election/Restriction
Applicant’s election without traverse of invention I, claims 1-13, in the reply filed on 1/20/2026 is acknowledged.
Claims 14-2 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/20/2026.
Status of the Claims
Claims 1-20 are pending. Claims 14-20 are withdrawn.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9 and 11-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Hepworth et al. (US 2024/0206550 A1).
Regarding claim 1, Hepworth discloses a vaporizer device (“modular aerosol provision device 100”, Fig. 1, ¶ 0021) comprising:
a cigarette adapter (combination of “module of the second module type 400” and “mouthpiece 500”, Figs. 1, 3, and 5, ¶ 0024, 0035, 0049) configured to heat a cigarette (“The module of the second module type 400 further comprises a heating arrangement 414 for heating the material 408”, ¶ 0038, “material 408 . . . held within its own container, for example an open-ended tube”, ¶ 0037, “material 408 typically comprises tobacco”, ¶ 0039) to produce a nicotine-containing vapor (¶ 0004, 0058) and including a mouthpiece (“mouthpiece 500”, Figs. 1 and 5, ¶ 0049) having a top portion (“body 502”, Fig. 5, ¶ 0049) and an outlet (“mouthpiece outlet 508”, Fig. 5, ¶ 0049) extending from the top portion and configured for receiving a proximal end of the cigarette (“mouthpiece outlet 508” is capable of receiving a proximal end of a cigarette, Fig. 5);
wherein the cigarette adapter has:
an adapter housing (combination of “second connection interface 420” and “first connection interface 418”, Fig. 3, ¶ 0041) having a bottom piece (“first connection interface 418”, Fig. 3, ¶ 0041) and a housing side wall (side wall of “second connection interface 420”, Fig. 3, ¶ 0041);
a cup (combination of “housing 402” with “channel 403” and “inlet screen 410”, Fig. 3, ¶ 0035-0036) situated in the adapter housing (Fig. 3) and configured to receive a distal end of the cigarette (“channel 403 is for receiving a material 408”, ¶ 0036, so the cup formed from “housing 402” and “inlet screen 410” is capable of receiving a distal end of a cigarette, Fig. 3); and
an adapter heating element (“heating arrangement 414”, Fig. 3, ¶ 0038) situated adjacent the cup (Fig. 3) and configured to provide heat to the cigarette without burning or combusting the cigarette (¶ 0038, 0058); and
at least one cartridge (“module of the first module type 300”, Figs. 1 and 2, ¶ 0026) comprising a vaporizable material (“e-cig liquid 308”, Fig. 2, ¶ 0026) including a flavor (“flavours”, ¶ 0072), wherein the at least one cartridge is removably coupled (“releasably connecting”, ¶ 0033, 0042) to the cigarette adapter (Figs. 1 and 6C, ¶ 0061) such that the cigarette adapter is operable to receive a vapor formed from the vaporizable material and provide the vapor together with the nicotine-containing vapor to the mouthpiece (¶ 0063-0066, 0068).
Regarding claim 2, Hepworth discloses the vaporizer device of claim 1, as stated above. Hepworth also discloses the device further including a battery module (“control module 200”, Figs. 1 and 4, ¶ 0047) including:
a housing (housing of “control module 200””, which corresponds to “control module 200”, ¶ 0115, see Fig. 9D below, annotated by examiner) defining a pocket (pocket for receiving “Module 1””, which may be a “module of the first module type 300”, ¶ 0115-0116, see Fig. 9D below, annotated by examiner) therein; and
a first plurality of electrodes (“When a module is connected to the control module 200”, the first connector and the second connector each makes a separate electrical connection with the control circuitry 204” to enable power to be applied separately to the first electrical contact (P1”) and the second electrical contact (P2”) of that module”, ¶ 0120) configured to transmit energy to the at least one cartridge (“Module 1 is connected to the control module 200” and receives power via the connections P1” and P2”.”, ¶ 0121).
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Figure 9D, Annotated by Examiner
Regarding claim 3, Hepworth discloses the vaporizer device of claim 2, as stated above. Hepworth further discloses wherein the at least one cartridge includes:
a first portion (see Fig. 9B below, annotated by examiner) configured to be received into the pocket (Fig. 9D);
a remainder portion (see Fig. 9B below, annotated by examiner) separate from the first portion; and
a step (see Fig. 9B below, annotated by examiner) between the first portion and the remainder portion such that the first portion has a smaller diameter than the remainder portion.
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Figure 9B, Annotated by Examiner
Regarding claim 4, Hepworth discloses the vaporizer device of claim 3, as stated above. Hepworth further discloses wherein the at least one cartridge includes a cartridge housing (see Fig. 9B above, annotated by examiner) defining a second pocket (see Fig. 9B above, annotated by examiner) therein.
Regarding claim 5, Hepworth discloses the vaporizer device of claim 4, as stated above. Hepworth further discloses wherein the vaporizer device has a longitudinal axis (Fig. 9A, where each of “Module 1”” and “Module 2”” may be either a “module of the first module type 300” or a “module of the second module type 400”, ¶ 0115);
wherein the at least one cartridge further includes a first set of electrodes (“When a module is connected to the control module 200”, the first connector and the second connector each makes a separate electrical connection with the control circuitry 204” to enable power to be applied separately to the first electrical contact (P1”) and the second electrical contact (P2”) of that module”, ¶ 0120) configured to interact with the first plurality of electrodes of the battery module to transmit heat energy from the battery module to the vaporizable material (“Module 1 is connected to the control module 200” and receives power via the connections P1” and P2”.”, ¶ 0121);
wherein the cigarette adapter further comprises a tube (“channel 403”, Fig. 3, ¶ 0035) that is a conduit for the vapor to flow from the at least one cartridge to the mouthpiece to mix and provide the nicotine-containing vapor and the vapor at the mouthpiece (¶ 0065-0066, 0068);
wherein the at least one cartridge is a first cartridge (“first module of the first module
type 300a”, Fig. 6D, ¶ 0071) and the flavor is a first flavor (¶ 0072); and
wherein the vaporizer device further comprises a second cartridge (“second module of the first module type 300b”, Fig. 6D, ¶ 0071, where the device may include “at least two modules selected from modules of the first and second module types connected together in a stacked arrangement”, ¶ 0007) removably coupled (“releasably connecting”, ¶ 0031, 0033) to the first cartridge such that the tube is operable to receive a second vapor from the second cartridge (¶ 0065, 0076);
wherein the first cartridge receives the second cartridge within the second pocket so that the first cartridge and the second cartridge are disposed in series along the longitudinal axis (Fig. 9A); and
wherein the first cartridge further comprises a second set of electrodes configured to transmit heat energy received in the first cartridge at the first set of electrodes to the second cartridge (Figs. 9B-9C, ¶ 0120-0121) so that the first cartridge and the second cartridge are connected in series to the battery module (Fig. 9A).
Regarding claim 6, Hepworth discloses the vaporizer device of claim 5, as stated above. Hepworth further discloses wherein the second cartridge comprises a second vaporizable material (e-liquid, ¶ 0072) including a second flavor that is different from the first flavor (“the e-liquids may comprise different flavours”, ¶ 0072).
Regarding claim 7, Hepworth discloses the vaporizer device of claim 6, as stated above. Hepworth further discloses wherein the battery module is removably coupled (“releasably connecting”, ¶ 0031, 0048) to the second cartridge and operable to power the first and second cartridges (¶ 0047).
Regarding claim 8, Hepworth discloses the vaporizer device of claim 1, as stated above. Hepworth further discloses wherein the at least one cartridge further includes a heating element (“heater 314”, Fig. 2, ¶ 0028) arranged adjacent to and configured for heating the vaporizable material (Fig. 2, ¶ 0028); and
wherein the vaporizable material is dispersed in a liquid (“liquid 308”, ¶ 0029) absorbed into a wick (“wick 316”, ¶ 0029) that defines an opening configured to receive the heating element (Fig. 2).
Regarding claim 9, Hepworth discloses the vaporizer device of claim 1, as stated above. Hepworth further discloses wherein the at least one cartridge is removably coupled (“releasably connecting”, ¶ 0033, 0042) to the cigarette adapter (Fig. 9A, where “Module 1”” may be a “module of the first module type 300” and “Module 2”” may be a “module of the second module type 400”, ¶ 0115) along a longitudinal axis (Fig. 9A);
wherein the at least one cartridge has a cross-section along a plane that intersects and is perpendicular to the longitudinal axis (Fig. 9A); and
wherein the cross-section has an oblong shape (Fig. 9A, ¶ 0116).
Regarding claim 11, Hepworth discloses a vaporizer device (“modular aerosol provision device 100”, Fig. 1, ¶ 0021) comprising:
a cigarette adapter (combination of “module of the second module type 400” and “mouthpiece 500”, Figs. 1, 3, and 5, ¶ 0024, 0035, 0049) configured to heat a cigarette (“The module of the second module type 400 further comprises a heating arrangement 414 for heating the material 408”, ¶ 0038, “material 408 . . . held within its own container, for example an open-ended tube”, ¶ 0037, “material 408 typically comprises tobacco”, ¶ 0039) to produce a nicotine-containing vapor (¶ 0004, 0058) and including a mouthpiece (“mouthpiece 500”, Figs. 1 and 5, ¶ 0049) having a top portion (“body 502”, Fig. 5, ¶ 0049) and an outlet (“mouthpiece outlet 508”, Fig. 5, ¶ 0049) extending from the top portion and configured for receiving a proximal end of the cigarette (“mouthpiece outlet 508” is capable of receiving a proximal end of a cigarette, Fig. 5);
wherein the cigarette adapter has:
an adapter housing (combination of “second connection interface 420” and “first connection interface 418”, Fig. 3, ¶ 0041) having a bottom piece (“first connection interface 418”, Fig. 3, ¶ 0041) and a housing side wall (side wall of “second connection interface 420”, Fig. 3, ¶ 0041);
a cup (combination of “housing 402” with “channel 403” and “inlet screen 410”, Fig. 3, ¶ 0035-0036) situated in the adapter housing (Fig. 3) and configured to receive a distal end of the cigarette (“channel 403 is for receiving a material 408”, ¶ 0036, so the cup formed from “housing 402” and “inlet screen 410” is capable of receiving a distal end of a cigarette, Fig. 3); and
an adapter heating element (“heating arrangement 414”, Fig. 3, ¶ 0038) situated adjacent the cup (Fig. 3) and configured to provide heat to the cigarette without burning or combusting the cigarette (¶ 0038, 0058);
a first cartridge (“module of the first module type 300”, Figs. 1 and 2, ¶ 0026) including a first vaporizable material (“e-cig liquid 308”, Fig. 2, ¶ 0026); and
a battery module (“control module 200”, Figs. 1 and 4, ¶ 0047) removably snappable (“releasably connecting”, ¶ 0031, 0042, 0048) onto at least one of the first cartridge and the cigarette adapter (see Figs. 9A-9D, where “Module 1”” may be either a “module of the first module type 300” or a “module of the second module type 400”, ¶ 0115-0116) and configured to provide heat energy to the first cartridge to vaporize the first vaporizable material to produce a vapor (¶ 0047, 0063).
Regarding claim 12, Hepworth discloses the vaporizer device of claim 11, as stated above. Hepworth further discloses wherein the first cartridge has a non-threaded connector (see Figs. 9A-9D, where each of “Module 1”” and “Module 2”” may be either a “module of the first module type 300” or a “module of the second module type 400”, ¶ 0115-0116) that is configured to removably connect (“releasably connecting”, ¶ 0031) to at least one of the battery module and the cigarette adapter.
Regarding claim 13, Hepworth discloses the vaporizer device of claim 11, as stated above. Hepworth further discloses wherein the vaporizer device has a longitudinal axis (Fig. 9A);
wherein the cigarette adapter, the first cartridge, and the battery module are removably snappable (“releasably connecting”, ¶ 0031, 0033, 0042, 0048) together in series along the longitudinal axis (Figs. 9A-9D, ¶ 0115-0116);
wherein the cigarette adapter is removably connectable (“releasably connecting”, ¶ 0033, 0042) to the first cartridge without twisting the cigarette adapter about the longitudinal axis with respect to the first cartridge (Figs. 9A-9D, ¶ 0115-0116);
wherein the first cartridge is removably connectable (“releasably connecting”, ¶ 0031, 0033, 0042, 0048) to the cigarette adapter and the battery module without twisting the first cartridge about the longitudinal axis with respect to the cigarette adapter and the battery module (Figs. 9A-9D, ¶ 0115-0116); and
wherein the battery module is removably connectable to the first cartridge (“releasably connecting”, ¶ 0031, 0048) without twisting the battery module about the longitudinal axis with respect to the first cartridge (Figs. 9A-9D, ¶ 0115-0116).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Hepworth et al. (US 2024/0206550 A1) as applied to claim 9 above.
Regarding claim 10, Hepworth discloses the vaporizer device of claim 9, as stated above. Hepworth further discloses wherein the cross-section has a “generally rectangular” shape. With regard to the cross-section having an “oval shape” instead of “generally rectangular”, absent persuasive evidence that the particular configuration of the claimed cross-section is significant, it is deemed to be an obvious matter of design choice (see MPEP § 2144.04(IV)(B)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY G CULBERT whose telephone number is (571)270-0874. The examiner can normally be reached Monday-Friday 9am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at (571)270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.G.C./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747