United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.goV
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` hf .<.
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`APPLICATION NO.
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`F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONF {MATION NO.
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`13/079,937
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`04/05/2011
`
`Li HAN
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`RUYAN—001—DOA
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`1784
`
`62008
`7590
`MA1ER&MAIER,PLLC
`1000 DUKE STREET
`ALEXANDRIA, VA 22314
`
`07/19/2012
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`MAYES, DIONNE WALLS
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`ART UNIT
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`1747
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`MAIL DATE
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`07/19/2012
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`PAPER NUMBER
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`
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`VMR-Ex. 1017-001
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`

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`Office Action Summary
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`13/079,937
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`Examiner
`DIONNE WALLS MAYES
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`HAN, LI
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`A“ Unit
`1747
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`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE § MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR1.136(a).
`In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`—
`— Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
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`Status
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`1)IXl Responsive to communication(s) filed on 05 Agri/2011.
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`2a)I:I This action is FINAL.
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`2b)IXl This action is non—final.
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`3)I:l An election was made by the applicant in response to a restriction requirement set forth during the interview on
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`; the restriction requirement and election have been incorporated into this action.
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`4)I:l Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
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`Disposition of Claims
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`5)IZl Claim(s) Q) is/are pending in the application.
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`5a) Of the above claim(s) j is/are withdrawn from consideration.
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`6 I:l Claim s) j is/are allowed.
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`0 is/are rejected.
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`is/are objected to.
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`are subject to restriction and/or election requirement.
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`Application Papers
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`10)I:I The specification is objected to by the Examiner.
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`11)|X| The drawing(s) filed on 19 May 2011 is/are: a)IZl accepted or b)I:| objected to by the Examiner.
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`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`12)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`13)|Z| Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
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`a)lXI All
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`b)I:l Some * c)I:I None of:
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`1.|:I Certified copies of the priority documents have been received.
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`2.lXI Certified copies of the priority documents have been received in Application No. 12/226 818.
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`3.|:I Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) El Notice of References Cited (PTO-892)
`2) D Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) IX] Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date
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`U.S. Patent and Trademark Office
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`4) El Interview Summary (PTO-413)
`Paper N°(5)/IVIaII DaTe- L -
`5) I:I Notice of informal Patent Application
`6) D Other:
`.
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`PTOL-326 (Rev. 03-11)
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`Office Action Summary
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`Part of Paper No./Mail Date 20120717
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`VMR-Ex. 1017-002
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`

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`Application/Control Number: 13/079,937
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`Page 2
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`Art Unit: 1747
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 1 12
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`1.
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`The following is a quotation of the first paragraph of 35 U.S.C. 112:
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`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.
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`2.
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`The following is a quotation of the second paragraph of 35 U.S.C. 112:
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`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
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`3.
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`Claim 30 is rejected under 35 U.S.C. 112, second paragraph, as being indefinite
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`for failing to particularly point out and distinctly claim the subject matter which Applicant
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`regards as the invention.
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`In claim 30, lines 16-17, Applicant has recited “the said porous component is
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`wound with heating wire in the part that is on the side in the axial direction of the run-
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`through hole”; however, it is unclear which “part” and “side” Applicant is referring to,
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`particularly because the phrases “the part” and “the side” lack antecedent bases.
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`Clarification is requested.
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`Allowable Subject Matter
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`4.
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`Claim 30 would be allowable if rewritten or amended to overcome the rejection(s)
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`under 35 U.S.C. 112, 2nd paragraph, set forth in this Office action.
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`The following is an Examiner's statement of reasons for allowance: The
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`Examiner believes that the closest prior art of record, namely the CN 2719043
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`reference, neither teaches nor reasonably suggests an aerosol electronic cigarette
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`having the claimed combination of structural features, including "an atomizer, which
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`VMR-Ex. 1017-003
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`

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`Application/Control Number: 13/079,937
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`Page 3
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`Art Unit: 1747
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`includes a porous component and a heating body; the said heating body is heating
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`wire...the heating wire is wound on the said porous component”. Hence, the claim is
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`allowable over the prior art of record.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to DIONNE WALLS MAYES whose telephone number is
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`(571)272-5836. The examiner can normally be reached on Monday thru Friday, 8:3OA -
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`5:00P EST.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Richard Crispino can be reached on 571-272-1226. The fax phone number
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`for the organization where this application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of an application may be obtained from the
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`Patent Application Information Retrieval (PAIR) system. Status information for
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`published applications may be obtained from either Private PAIR or Public PAIR.
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`Status information for unpublished applications is available through Private PAIR only.
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`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
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`you have questions on access to the Private PAIR system, contact the Electronic
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`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`USPTO Customer Service Representative or access to the automated information
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`system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
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`/DIONNE WALLS MAYES/
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`Examiner, Art Unit 1747
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`
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`VMR-Ex. 1017-004