EXHIBIT 2005
`
`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.
`
`
`
`1
`
`Fontem Ex. 2005
`R.J. Reynolds Vapor Co. v. Fontem Holdings 1 B.V. IPR2016-01532
`Page 1 of 14
`
`
`
`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.
`
`
`
`1
`
`Fontem Ex. 2005
`R.J. Reynolds Vapor Co. v. Fontem Holdings 1 B.V. IPR2016-01532
`Page 1 of 14
`
`
`
`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).
`
`
`
`2
`
`Fontem Ex. 2005
`R.J. Reynolds Vapor Co. v. Fontem Holdings 1 B.V. IPR2016-01532
`Page 2 of 14
`
`
`
`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).
`
`
`
`
`
`
`
`3
`
`Fontem Ex. 2005
`R.J. Reynolds Vapor Co. v. Fontem Holdings 1 B.V. IPR2016-01532
`Page 3 of 14
`
`
`
`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
`
`
`
`4
`
`Fontem Ex. 2005
`R.J. Reynolds Vapor Co. v. Fontem Holdings 1 B.V. IPR2016-01532
`Page 4 of 14
`
`
`
`(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)
`
`
`
`5
`
`Fontem Ex. 2005
`R.J. Reynolds Vapor Co. v. Fontem Holdings 1 B.V. IPR2016-01532
`Page 5 of 14
`
`
`
`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).
`
`
`
`6
`
`Fontem Ex. 2005
`R.J. Reynolds Vapor Co. v. Fontem Holdings 1 B.V. IPR2016-01532
`Page 6 of 14
`
`
`
`
`
`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
`
`
`
`7
`
`Fontem Ex. 2005
`R.J. Reynolds Vapor Co. v. Fontem Holdings 1 B.V. IPR2016-01532
`Page 7 of 14
`
`
`
`2); and p. 31 (Figure 19).
`
`
`
`
`
`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
`
`Fontem Ex. 2005
`R.J. Reynolds Vapor Co. v. Fontem Holdings 1 B.V. IPR2016-01532
`Page 8 of 14
`
`
`
`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).
`
`
`
`9
`
`Fontem Ex. 2005
`R.J. Reynolds Vapor Co. v. Fontem Holdings 1 B.V. IPR2016-01532
`Page 9 of 14
`
`
`
`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).
`
`
`
`10
`
`Fontem Ex. 2005
`R.J. Reynolds Vapor Co. v. Fontem Holdings 1 B.V. IPR2016-01532
`Page 10 of 14
`
`
`
`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).
`
`
`
`11
`
`Fontem Ex. 2005
`R.J. Reynolds Vapor Co. v. Fontem Holdings 1 B.V. IPR2016-01532
`Page 11 of 14
`
`
`
`
`
`
`
`
`
`
`
`
`
`12
`
`Fontem Ex. 2005
`R.J. Reynolds Vapor Co. v. Fontem Holdings 1 B.V. IPR2016-01532
`Page 12 of 14
`
`
`
`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).
`
`
`
`
`
`
`
`13
`
`Fontem Ex. 2005
`R.J. Reynolds Vapor Co. v. Fontem Holdings 1 B.V. IPR2016-01532
`Page 13 of 14
`
`
`
`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).
`
`
`
`
`
`
`
`
`
`14
`
`Fontem Ex. 2005
`R.J. Reynolds Vapor Co. v. Fontem Holdings 1 B.V. IPR2016-01532
`Page 14 of 14
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
