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`UNITED STATES DEPARTMENT OF COMMERCE
`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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`APPLICATION NO.
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`FILING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONFIRMATION NO.
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`13/079,937
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`04/05/2011
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`LiHAN
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`RUYAN-001-DOA
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`1784
`
`62008
`7590
`MAIER & MAIER, PLLC
`1000 DUKE STREET
`ALEXANDRIA, VA 22314
`
`07119/2012
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`EXAMINER
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`MAYES, DIONNE WALLS
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`ART UNIT
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`PAPER NUMBER
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`1747
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`MAIL DATE
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`DELIVERY MODE
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`07/19/2012
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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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`Exhibit 1010, Page 0001
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`
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`Office Action Summary
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`Application No.
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`Applicant(s)
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`13/079,937
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`Examiner
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`HAN,LI
`
`Art Unit
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`1747
`DIONNE WALLS MAYES
`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address -(cid:173)
`Period for Reply
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`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE ;J 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 CFR 1.136(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 )IZ! Responsive to communication(s) filed on 05 Apri/2011.
`2a)0 This action is FINAL.
`2b)[8J This action is non-final.
`3)0 An election was made by the applicant in response to a restriction requirement set forth during the interview on
`__ ;the restriction requirement and election have been incorporated into this action.
`4)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C. D. 11, 453 O.G. 213.
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`Disposition of Claims
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`5)[8J Claim(s) 30 is/are pending in the application.
`5a) Of the above claim(s) __ is/are withdrawn from consideration.
`6)0 Claim(s) __ is/are allowed.
`7)[8J Claim(s) 30 is/are rejected.
`8)0 Claim(s) __ is/are objected to.
`9)0 Claim(s) __ are subject to restriction and/or election requirement.
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`Application Papers
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`1 0)0 The specification is objected to by the Examiner.
`11 )IZ! The drawing(s) filed on 19 Mav 2011 is/are: a)IZ! accepted or b)O objected to by the Examiner.
`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).
`12)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
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`Priority under 35 U.S.C. § 119
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`13)[8J Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)IZ! All b)O Some * c)O None of:
`1.0 Certified copies of the priority documents have been received.
`2.[8J Certified copies of the priority documents have been received in Application No. 12/226.818.
`3.0 Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment{s)
`1) 0 Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) [8Jinformation Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date __ .
`
`4) 0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`5) 0 Notice of Informal Patent Application
`6) 0 Other: __ .
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`U.S. Patent and Trademark Off1ce
`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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`Exhibit 1010, Page 0002
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`
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`Application/Control Number: 13/079,937
`Art Unit: 1747
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`Page 2
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`DETAILED ACTION
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`Claim Rejections - 35 USC § 112
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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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`Exhibit 1010, Page 0003
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`
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`Application/Control Number: 13/079,937
`Art Unit: 1747
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`Page 3
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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, 8:30A-
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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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`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/
`Examiner, Art Unit 17 4 7
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`Exhibit 1010, Page 0004