throbber
Attorney Did. N0. 111971—8013.U801
`
`
`
`N THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT
`
`1N RE APPLICATEON OF: LEK HON
`Appucmow No:
`13/754,521
`FILED:
`JANUARY 30, 2013
`FOR: ELECTRONtC CIGARETTE
`
`
`EXAMENERZ MAYES, DIONNE
`WALLS
`ART UNIT:
`CON” “Oi
`
`1747
`6079
`
`AMENDMENT
`
`Commissioner for Patents
`PO. Box 1450
`
`Atexandria, VA 22313—1450
`
`Dear Commissioner:
`
`in response to the Office Action dated 09/25/2015, please amend the above-
`
`identified application as foltows:
`
`Amendments to the Claims are reftected in the Eisting of claims which begins on
`
`page 2 of this paper.
`
`Remarks begin on page 6 of this paper.
`
`Continued on Next Page.
`
`I hereby certify that this paper (along with any referred to as beéng attached or enclosed) is being electronically flied
`with the {1.8. Patent and Trademark Office on the date entered below.
`
`Certificate of Electronic Filing
`
`December 28, 2015
`Date of Electronic Submission
`
`lAmy Candelore.’
`Signature
`
`

`

`Appiication No. 13!?54,52‘l
`Response to Office Action dated 09/252015
`
`Attorney Dkt. No. 111971~8013.U80‘i
`
`Amendments to the Claims:
`
`This listing of claims will replace alt prior versions of claims in the application.
`
`1—15. (Cancelled)
`
`16. (New) A vaporizing device comprising:
`
`a battery assembly comprising a battery, a sensor, an LED and a micro-
`
`controller unit electrically connected to a circuit board within a tubular battery assembly
`
`housing;
`
`a first etectrode at an end of the battery assembly housing;
`
`an atomizer assembly comprising an atomizer and a iiquid supply in a tubular
`
`atomizer assembiy housing;
`
`with the atomizer including a heater wire coil wound around a porous body, with
`
`the heater wire coil and the porous body positioned perpendicuiar to a longitudinai axis
`
`of the tubular atomizer assembly housing;
`
`the heater wire coil and the porous body in an airflow path through the tubular
`
`atomizer assembly housing leading to a suction nozzle wherein the air passes across
`
`the heater wire coil and the porous body;
`
`a second electrode at an end of the atomizer assembty housing; and
`
`ilif'
`
`the battery assembiy and the atomizer assembiy eiectricaily connected by
`
`engagement of
`
`the first electrode with the second electrode, and with electricity
`
`conducted from the battery to the heater wire coil
`
`through the first and second
`
`electrodes for the heater wire coit.
`
`17. (New) The device of ciaim 16 with the atomizer further inctuding a through
`
`hole aligned with the heater wire coil.
`
`

`

`Application No. 13/754,521
`Response to Office Action dated 09/252015
`
`Attorney Dkt. No. 1tt971—8013U801
`
`18. (New) The device of ciaim 17 with the through hoie centered between spaced
`
`apart wire leads of the heater wire coli.
`
`19.
`
`(New) The device of ciairn 18 with the sensor'in between a pressure
`
`balancing hole in the battery assembly housing and the first electrode.
`
`20. (New) The device of claim 16 with the first eiectrode contacting the second
`
`electrode regardiess of an anguiar orientation of the battery assembiy relative to the
`
`atomizer assembly.
`
`21. (New) The device of claim 18 with the airflow path further inctuding an air
`
`
`
`inlet in a side wail of the tubular atomizer assembiy housing at the second electrode.
`
`22. (New) The device of ciaim 18 further including fiber containing cigarette liquid
`
`in contact with the porous body.
`
`23. (New) A vaporizing device comprising:
`
`a battery assembly comprising a battery, a sensor, an LED and a micro-
`
`controller unit within a battery assembly housing having a pressure balancing hole on a
`
`first side of the sensor, and a first cavity in the tubular battery assembty housing on a
`
`second side of the sensor opposite from the first side of the sensor;
`
`ari atomizer assembly comprising an atomizer and a second cavity in a
`
`tubular atomizer assembty housing, with the first cavity connecting into the second
`
`cavity, the atomizer including a heater wire coii wound on a porous body, and the heater
`
`wire coil and the porous body perpendicular to a longitudinal axis of the tubular atomizer
`
`
`
`'11$.'
`
`assembly housing, the heater wire coii arid porous body in an airflow path through the
`
`tubular atomizer assembly housing wherein air flows across the wire coil and the porous
`
`bodygand
`
`the battery assembly and the atomizer assem biy electrically connected via
`
`a first electrode at a first end of the battery assembiy contacting a second eiectrode at a
`
`

`

`
`
`
`
`Appiication No. 13/754,521
`Response to Office Action dated 09/25/2015
`
`Attorney Did. No. 111971—801313801
`
`first end of the atomizer assembly with the battery assembty at any angular orientation
`
`relative to the atomizer assembly.
`
`24. (New) The vaporizing device of claim 23 with the airfiow path passing through
`
`a through hole in the atomizer.
`
`25. (New) The device of claim 24 wherein the heater wire coil
`
`is on a central
`
`section of the porous body.
`
`26. (New) The device of claim 25 with the through hole between spaced apart
`
`wire ieads of the heater wire coil.
`
`27. (New) The device of claim 26 with the airflow path further including an air
`
`inlet in a side wall of the tubular atomizer assembly housing adjacent to the second
`
`electrode.
`
`28. (New) The device of claim 26 further including fiber containing a cigarette
`
`liquid in contact with the atomizer.
`
`29. (New) The device of claim 26 wherein the porous body provides capiliary
`
`action.
`
`30.
`
`(New) A vaporizing device comprising:
`
`a battery assembly comprising battery, 3 sensor, and a micro-controiier unit
`
`electricaliy connected to a circuit board within the battery assembiy housing, and a first
`
`electrode at a first end of the battery assembly housing;
`
`an atomizer assembly comprising an atomizer and
`
`tiquid absorbed in fiber
`
`material in a tubuiar atomizer assembty housing, and a second electrode at a first end
`
`of the atomizer assembly, the atomizer including a porous body in physical contact with
`
`the fiber material, and the atomizer inciuding a heater wire wound in a coil on a part of
`
`the porous body which is perpendicular to a iongitudinat axis of the tubular atomizer
`
`assembiy housing;
`
`

`

`Appiication No. 13/754,521
`Response to Office Action dated 09/25/2015
`
`Attorney Dkt. No. 1119?1—8013.USO1
`
`an airflow path through a through hoie of the atomizer located between spaced
`
`apart wire leads of the heater wire coii, and the heater wire coil and the porous body in
`
`the airflow path, wherein air flows across the wire and porous body; and
`
`the battery assembly electrically connected to the atomizer assembly via the first
`
`electrode contacting the second electrode.
`
`31. (New) The device of ciaim 30 with the airflow path further including an air
`
`inlet in a side wait of tubuiar atomizer assembiy housing adiacent to the first end of the
`
`tubular atomizer assembly housing.
`
`32. (New) The device of claim 30 with the sensor in between a pressure
`
`balancing hole in the tubular battery assembly housing and the first electrode.
`
`33. (New) The device of claim 30 with a central axis of the through hole bi—
`
`secting the heater wire coil.
`
`34. (New) The device of claim 33 further including a first cavity in the battery
`
`assembty connecting into a second cavity in the atomizer assembly.
`
`35. (New) The device of claim 30 with the first electrode contacting the second
`
`eiectrode with the battery assembly at any angular orientation retative to the atomizer
`
`assembly.
`
`36. (New) The device of claim 35 wherein the porous body provides capillary
`
`action.
`
`3?. (New) The device of claim 16 with the first eiectrode contacting the second
`
`eiectrode with the battery assembiy at any anguiar orientation relative to the atomizer
`
`assembiy.
`
`
`
`

`

`
`
`Apptication No. 13/754,521
`Response to Office Action dated 09/259015
`
`Attorney Dirt. No. 111971-8013.U801
`
`REMARKS
`
`Reconsideration and withdrawal of the rejections is requested. Claims 1—15 are
`
`cancelled and new claims 16—37 have been added.
`
`Responsive to the double patenting rejection at page 2 of the Office Action, a
`
`Terminal Disclaimer and fee are filed with this paper disclaiming over US. Patent Nos
`
`8,375,957. Responsive to the section 112 rejections at paragraph 5 of the Office Action,
`
`the air-liquid separator has been deleted from the claims.
`
`New claim 16 includes an atomizer inciuding a heater wire coil wound around a
`
`porous body and perpendicular to the longitudinai axis of the atomizer assembiy
`
`housing, and with the battery assembiy and the atomizer assembty electrically
`
`connected by engagement of electrodes on the housings.
`
`New claim 23 describes a first cavity in the atomizer assembly connecting into a
`
`second cavity in the battery assembly; a heater wire coil wound around a porous body
`
`and perpendicular to the longitudinai axis of the housing, and etectrodes at the ends of
`
`the battery assembly and the atomizer assembly electrically connecting them.
`
`New claim 30 includes an atomizer including a heater wire wound in a coil on a
`
`part of the porous body which is perpendicular to a iongitudinal axis of the housing, an
`
`airflow path through a through hole located between spaced apart wire leads of the
`
`heater wire ccii, and the battery assembly electricaliy connected to the atomizer
`
`assembty via a first electrode contacting a second electrode.
`
`Turning to the section 103 rejections at pages 4~9 of the Office Action,
`
`the
`
`combination of Vegas and Giibert faits to disclose a wire or coil as in claims 16, 28 and
`
`

`

`Application No. 13/754,521
`Response to Office Action dated 09/25/2015
`
`Attorney Did. No. 11i971-80i3.USO1
`
`30. Voges uses a bubbie jet printer type of droplet ejection device 14. Col. 5, iines 61—
`
`65. The combination of Voges and Gilbert also does not disclose use of a heater or to
`
`create vapor. Indeed, Voges expressly teaches away from a heater, stating at Col. 3,
`
`lines 52~56z
`
`“In yet other devices a nicotine containing substance is heated to vapourise an
`amount of nicotine which is then available for inhalation. The amount of nicotine
`
`deiivered by such devices is difficult to control and is temperature dependant."
`
`Voges aisc teaches away from the porous
`disclosing at Col. 2, lines 3041:
`
`body of ciaims 16, 29 and 36,
`
`“Early cigarette substitutes employed a porous carrier impregnated with a liquid
`nicotine containing composition through which an air stream couid be drawn to volatilize
`nicotine. This approach yielded insufficient nicotine per puff, suffered from a tendency
`for the carrier to dry out and delivered a variable amount of nicotine per puff, depending
`on factors such as air temperature, humidity, iung capacity of the user and amount of
`liquid composition remaining in the carrier.”
`
`Gilbert does not disclose a wire or coil, or a porous body, and is applied in
`
`combination with Voges only as disciosing a screw thread eiectrode. As neither of
`
`Voges or Gilbert individuaiiy discioses these eiernents, the combination of Voges and
`
`Gilbert does not disclose these eiements.
`
`In View of the foregoing,
`
`it
`
`is submitted that the ciaims are in condition for
`
`ailowance. A Notice of Allowance is requested.
`
`
`Dated: December 28 2015
`
`Customer No. 34055
`Perkins Coie LLP
`Patent — LA
`PO. Box 1247
`
`Seattie, WA 981114247
`Phone:
`(310) 788-3267
`Fax:
`(206) 359~7198
`Emaii: KOhriner@perkinscoie.com
`
`Respectfuily submitted,
`
`PERKINS COlE LLP
`
`ByleennethHOhriner/
`Kenneth H. Ohriner
`Reg. No. 31 ,646
`
`..iii:
`
`

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