`
`WRITTEN DESCRIPTION IN PRIORITY APPLICATION
`FOR U.S. PATENT NO. 8,365,742 CLAIMS 2 AND 3
`
`
`CLAIM 2
`An electronic
`cigarette,
`comprising:
`
`a battery
`assembly and
`an atomizer
`assembly
`within a
`housing
`
`PRIORITY APPLICATION
`The priority application discloses “an electronic cigarette” at least
`at:
`
`• ᾽818 application (PCT/CN2007/001575), Ex. 1009 at p. 13
`(“The present invention relates to an electronic
`cigarette . . . .”).
`
`The priority application discloses “a battery assembly and an
`atomizer assembly within a housing” at least at:
`• ᾽818 application (PCT/CN2007/001575), Ex. 1009 at p. 20
`(“Of this embodiment, the battery assembly and atomizer
`assembly are mutually connected and then installed inside
`the integrally formed shell (a) to form a one-piece part.”),
`(“As shown in 3 and 4, the cigarette bottle assembly
`includes a hollow cigarette holder shell (b), and a
`perforated component for liquid storage (9) inside the shell
`(b). . . . One end of the cigarette holder shell (b) plugs into
`the shell (a) . . . .”); p. 27 (Figure 1, reproduced and
`annotated below,1 and Figure 2); and p. 31 (Figure 19).
`
`
`
`
`1
`The figures of the ᾿742 patent and ᾿818 application are the same, except that
`
`the figures of the ᾿742 patent are of higher quality than those of the ᾿818 application.
`
`Compare Ex. 1001 at 4-11 (Figures 1-24) with Ex. 1009 at 27-34 (Figures 1-24).
`
`For this reason, the figures reproduced and annotated throughout Exhibit 2005 are
`
`figures from the ᾿742 patent.
`
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`with the
`battery
`assembly
`electrically
`connected to
`the atomizer
`assembly;
`
`
`
`The priority application discloses “the battery assembly
`electrically connected to the atomizer assembly” at least at:
`• ᾽818 application (PCT/CN2007/001575), Ex. 1009 at p. 18
`(“Figure 20 is the electric circuit diagram of the electronic
`cigarette of this invention, with the airflow sensor adopting
`a reed relay structure.”); p. 19 (“In this specific
`embodiment, the battery assembly includes the battery, and
`the operating indicator (1), electronic circuit board (4), and
`airflow sensor (5), which are connected with the battery.”),
`(“As shown in Figure 5-8, the atomizer assembly is an
`atomizer (8), which includes a porous component (81) and
`a heating rod (82).”); p. 20 (“Of this embodiment, the
`battery assembly and atomizer assembly are mutually
`connected and then installed inside the integrally formed
`shell (a) to form a one-piece part.”), (“As shown in Figure
`20, the electric circuit is electrified, and the electronic
`switch circuit on the electronic circuit board (4) is
`electrified. Thus, the rechargeable battery (3) starts to
`electrify the electric heating rod (82) inside the atomizer
`(8), and at the same time, the LEDs, which are electrified
`by the rechargeable battery (3), emit light.”); p. 22 (“Figure
`21 shows the electric circuit of the electronic cigarette of
`this solution.”); p. 32 (Figure 20, reproduced below); and p.
`33 (Figure 21).
`
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`a liquid
`storage
`component in
`the housing;
`
`
`
`
`The priority application discloses “a liquid storage component in
`the housing” at least at:
`• ᾽818 application (PCT/CN2007/001575), Ex. 1009 at p. 20
`(“As shown in 3 and 4, the cigarette bottle assembly
`includes a hollow cigarette holder shell (b), and a
`perforated component for liquid storage (9) inside the shell
`(b). . . . One end of the cigarette holder shell (b) plugs into
`the shell (a) . . . .”); p. 27 (Figure 1, reproduced and
`annotated below, and Figure 2); and p. 31 (Figure 19).
`
`
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`with the
`housing
`having one or
`more through-
`air-inlets;
`
`The priority application discloses “the housing having one or more
`through-air-inlets” at least at:
`• ᾽818 application (PCT/CN2007/001575), Ex. 1009 at pp.
`18-19 (“As shown in Figure 1-10, this utility model
`provides an aerosol electronic cigarette, which includes a
`battery assembly, an atomizer assembly and a cigarette
`bottle assembly, and also includes a shell (a), which is
`hollow and integrally formed. The battery assembly
`connects with the atomizer assembly and both are located in
`the shell. The cigarette bottle assembly is located in one end
`of the shell, which is detachable. The cigarette bottle
`assembly fits with the atomizer assembly. The shell has
`through-air-inlets (al).”); p. 27 (Figure 1, reproduced and
`annotated below, and Figure 2); and p. 31 (Figure 19).
`
`
`
`the atomizer
`assembly
`including a
`porous
`component
`supported by a
`frame having
`a run-through
`hole;
`
`
`
`The priority application discloses “the atomizer assembly
`including a porous component supported by a frame having a run-
`through hole” at least at:
`• ᾽818 application (PCT/CN2007/001575), Ex. 1009 at p. 18
`(“Figure 17 is the diagram of the axial structure of the
`atomizer in the fifth preferred embodiment of this
`invention. Figure 18 is the side section view of the
`atomizer in the fifth preferred embodiment of this
`invention.”); p. 22 (“In the fifth preferred embodiment of
`this utility model, as shown in Figure 17 and 18, the
`atomizer assembly is an atomizer (8), which includes a
`frame (82), the porous component (81) set on the frame
`
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`(82), and the heating wire (83) wound on the porous
`component (81). The frame (82) has a run-through hole
`(821) on it.”); and p. 31 (Figures 17 and 18, reproduced and
`annotated below).
`
`
`
`
`
`a heating wire
`wound on a
`part of the
`porous
`component in
`the path of air
`flowing
`through the
`run-through
`hole;
`
`
`The priority application discloses “a heating wire wound on a part
`of the porous component in the path of air flowing through the
`run-through hole” at least at:
`• ᾽818 application (PCT/CN2007/001575), Ex. 1009 at p. 18
`(“Figure 17 is the diagram of the axial structure of the
`atomizer in the fifth preferred embodiment of this
`invention. Figure 18 is the side section view of the
`atomizer in the fifth preferred embodiment of this
`invention.”); pp. 20-21 (“The air enters the normal pressure
`cavity through the air inlet (a1), passes the check valve (7)
`
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`via the airflow passage in the airflow sensor (5), and flows
`to the negative pressure cavity (83)2 in the atomizer (8).
`Since the negative pressure cavity (83) provides the
`negative pressure compared with the outside, the air flow
`sprays into it, bringing the cigarette liquid from the porous
`component (81) to spray into the negative pressure cavity
`(83) in the form of fine drips. In the meantime, the electric
`heating rod (82) is electrified by the rechargeable battery
`(3) under the control of electronic circuit board (4), to heat
`the fine drips for atomization. After atomization, the big-
`diameter fine drips are re-absorbed by the porous
`component (81) under the action of vortex, while the small-
`diameter fine drips are suspended in the airflow to form
`gasoloid, which is discharged through the negative pressure
`cavity (83) and run-through hole (813), flows into the
`cigarette holder shell (b) of the cigarette bottle assembly,
`and is absorbed by the air channel (bl).”); p. 22 (“In the
`fifth preferred embodiment of this utility model, as shown
`in Figure 17 and 18, the atomizer assembly is an atomizer
`(8), which includes a frame (82), the porous component
`(81) set on the frame (82), and the heating wire (83) wound
`on the porous component (81). The frame (82) has a run-
`through hole (821) on it.”); and p. 31 (Figures 17 and 18,
`reproduced and annotated below).
`
`
`2
`Note that item number (83) is used to denote the heating wire in Figures 17
`
`and 18 (Ex. 1009 at p. 31) while item number (83) is used to denote the negative
`
`pressure cavity in Figures 7, 8, and 16 (Id. at pp. 28-30).
`
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`and the porous
`component
`substantially
`surrounded by
`the liquid
`storage
`component.
`
`The priority application discloses “the porous component
`substantially surrounded by the liquid storage component” at least
`at:
`
`
`
`• ᾽818 application (PCT/CN2007/001575), Ex. 1009 at p. 20
`(“As shown in Figure 1-9, one end of the porous component
`(81) lies against one end surface of the said perforated
`component for liquid storage (9), and contacts the
`perforated component for liquid storage (9). It absorbs the
`cigarette liquid from the perforated component for liquid
`storage (9).”); p. 21 (“The perforated component for liquid
`storage (9) of the cigarette bottle assembly and the porous
`component (81) of the atomizer (8) contact each other to
`achieve the capillary impregnation for liquid supply.”); p.
`27 (Figure 1, reproduced and annotated below, and Figure
`
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`2); and p. 31 (Figure 19).
`
`
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`
`
`PRIORITY APPLICATION
`The priority application discloses “an electronic cigarette” at least
`at:
`
`• ᾽818 application (PCT/CN2007/001575), Ex. 1009 at p. 13
`(“The present invention relates to an electronic
`cigarette . . . .”).
`The priority application discloses “a battery assembly and an
`atomizer assembly within a housing” at least at:
`• ᾽818 application (PCT/CN2007/001575), Ex. 1009 at p. 20
`(“Of this embodiment, the battery assembly and atomizer
`assembly are mutually connected and then installed inside
`the integrally formed shell (a) to form a one-piece part.”),
`(“As shown in 3 and 4, the cigarette bottle assembly
`includes a hollow cigarette holder shell (b), and a
`perforated component for liquid storage (9) inside the shell
`(b). . . . One end of the cigarette holder shell (b) plugs into
`the shell (a) . . . .”); p. 27 (Figure 1, reproduced and
`annotated below, and Figure 2); and p. 31 (Figure 19).
`
`CLAIM 3
`An electronic
`cigarette,
`comprising:
`
`a battery
`assembly and
`an atomizer
`assembly
`within a
`housing
`
`
`
`8
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`
`with the
`battery
`assembly
`electrically
`connected to
`the atomizer
`assembly;
`
`
`
`The priority application discloses “the battery assembly
`electrically connected to the atomizer assembly” at least at:
`• ᾽818 application (PCT/CN2007/001575), Ex. 1009 at p. 18
`(“Figure 20 is the electric circuit diagram of the electronic
`cigarette of this invention, with the airflow sensor adopting
`a reed relay structure.”); p. 19 (“In this specific
`embodiment, the battery assembly includes the battery, and
`the operating indicator (1), electronic circuit board (4), and
`airflow sensor (5), which are connected with the battery.”),
`(“As shown in Figure 5-8, the atomizer assembly is an
`atomizer (8), which includes a porous component (81) and
`a heating rod (82).”); p. 20 (“Of this embodiment, the
`battery assembly and atomizer assembly are mutually
`connected and then installed inside the integrally formed
`shell (a) to form a one-piece part.”), (“As shown in Figure
`20, the electric circuit is electrified, and the electronic
`switch circuit on the electronic circuit board (4) is
`electrified. Thus, the rechargeable battery (3) starts to
`electrify the electric heating rod (82) inside the atomizer
`(8), and at the same time, the LEDs, which are electrified
`by the rechargeable battery (3), emit light.”); p. 22 (“Figure
`21 shows the electric circuit of the electronic cigarette of
`this solution.”); p. 32 (Figure 20, reproduced below); and p.
`33 (Figure 21).
`
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`
`with the
`housing
`having one or
`more through-
`air-inlets and
`an outlet;
`
`
`The priority application discloses “with the housing having one or
`more through-air-inlets and an outlet” at least at:
`• ᾽818 application (PCT/CN2007/001575), Ex. 1009 at pp.
`18-19 (“As shown in Figure 1-10, this utility model
`provides an aerosol electronic cigarette, which includes a
`battery assembly, an atomizer assembly and a cigarette
`bottle assembly, and also includes a shell (a), which is
`hollow and integrally formed. The battery assembly
`connects with the atomizer assembly and both are located in
`the shell. The cigarette bottle assembly is located in one end
`of the shell, which is detachable. The cigarette bottle
`assembly fits with the atomizer assembly. The shell has
`through-air-inlets (al).”); p. 20 (“As shown in 3 and 4, the
`cigarette bottle assembly includes a hollow cigarette holder
`shell (b), and a perforated component for liquid storage (9)
`inside the shell (b). . . . One end surface of the cigarette
`holder shell (b) plugs into the shell (a) . . . . On one end
`surface of the cigarette holder shell (b), there is an air
`channel (bl) extending inward. The air channel (b1) is
`located in the center on the surface of one end of shell
`(b).”); p. 27 (Figure 1, reproduced and annotated below,
`and Figure 2); and p. 31 (Figure 19).
`
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`the atomizer
`assembly
`includes a
`frame having
`a run-through
`hole, and a
`porous
`component
`between the
`frame and the
`outlet;
`
`
`
`The priority application discloses “the atomizer assembly includes
`a frame having a run-through hole, and a porous component
`between the frame and the outlet” at least at:
`• ᾽818 application (PCT/CN2007/001575), Ex. 1009 at p. 18
`(“Figure 17 is the diagram of the axial structure of the
`atomizer in the fifth preferred embodiment of this
`invention. Figure 18 is the side section view of the
`atomizer in the fifth preferred embodiment of this
`invention.”); p. 22 (“In the fifth preferred embodiment of
`this utility model, as shown in Figure 17 and 18, the
`atomizer assembly is an atomizer (8), which includes a
`frame (82), the porous component (81) set on the frame
`(82), and the heating wire (83) wound on the porous
`component (81). The frame (82) has a run-through hole
`(821) on it. The porous component (81) is wound with
`heating wire (83) in the part that is on the side in the axial
`direction of the run-through hole (821).”); p. 27 (Figure 1,
`reproduced and annotated below, and Figure 2); and p. 31
`(Figures 17 and 18, reproduced and annotated below, and
`Figure 19).
`
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`a heating wire
`wound on a
`part of the
`porous
`component
`which is
`substantially
`aligned with
`the run-
`through hole;
`and
`
`The priority application discloses “a heating wire wound on a part
`of the porous component which is substantially aligned with the
`run-through hole” at least at:
`• ᾽818 application (PCT/CN2007/001575), Ex. 1009 at p. 18
`(“Figure 17 is the diagram of the axial structure of the
`atomizer in the fifth preferred embodiment of this
`invention. Figure 18 is the side section view of the
`atomizer in the fifth preferred embodiment of this
`invention.”); p. 22 (“In the fifth preferred embodiment of
`this utility model, as shown in Figure 17 and 18, the
`atomizer assembly is an atomizer (8), which includes a
`frame (82), the porous component (81) set on the frame
`(82), and the heating wire (83) wound on the porous
`component (81). The frame (82) has a run-through hole
`(821) on it. The porous component (81) is wound with
`heating wire (83) in the part that is on the side in the axial
`direction of the run-through hole (821).”); and p. 31
`(Figures 17 and 18, reproduced and annotated below).
`
`
`
`
`
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`with the
`porous
`component in
`contact with a
`liquid supply
`in the housing.
`
`The priority application discloses “the porous component in
`contact with a liquid supply in the housing” at least at:
`• ᾽818 application (PCT/CN2007/001575), Ex. 1009 at p. 20
`(“As shown in Figure 1-9, one end of the porous component
`(81) lies against one end surface of the said perforated
`component for liquid storage (9), and contacts the
`perforated component for liquid storage (9). It absorbs the
`cigarette liquid from the perforated component for liquid
`storage (9).”); p. 21 (“The perforated component for liquid
`storage (9) of the cigarette bottle assembly and the porous
`component (81) of the atomizer (8) contact each other to
`achieve the capillary impregnation for liquid supply.”); p.
`27 (Figure 1, reproduced and annotated below, and Figure
`2); and p. 31 (Figure 19).
`
`
`
`
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