Case 1:20-cv-00393-LO-TCB Document 729-5 Filed 06/16/21 Page 1 of 11 PageID# 18872
`Case 1:20-cv-00393-LO-TCB Document 729-5 Filed 06/16/21 Page 1 of 11 Page|D# 18872
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`EXHIBIT 12
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`EXHIBIT 12
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`Case 1:20-cv-00393-LO-TCB Document 729-5 Filed 06/16/21 Page 2 of 11 PageID# 18873
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`IW 8061387
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`11111111111111111111111i1111i11111111111111111
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`1111111111111111=11111111110MIIMIIIIIIMMIll
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`I
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`Itg1111111111IUM ow IMEWIIMMIMINarimmm3o
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`giiiKOSTO
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`IMAYilliWWILQW1 TUE SE PRE WNW MUM EOM
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`
`October 16 2020
`
`THIS IS TO CERTIFY THAT ANNEXED IS A TRUE COPY FROM THE
`RECORDS OF THIS OFFICE OF THE FILE WRAPPER AND CONTENTS
`OF
`
`APPLICATION NUMBER 13990067
`FILING DATE August 09 2013
`PATENT NUMBER 10104911
`ISSUE DATE October 23 2018
`
`By Authority of the
`Under Secretary of Commerce for Intellectual Property
`and Director of the United States Patent and Trademark Office
`
`CURTIS GOFFE
`Certifying Officer
`
`DEFPUBEDVA000015567
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`

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`Case 1:20-cv-00393-LO-TCB Document 729-5 Filed 06/16/21 Page 3 of 11 PageID# 18874
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`UNITED STA lES PA FENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
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`22850
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`06152018
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`OBLON MCCLELLAND MAIER
`1940 DUKE STREET
`ALEXANDRIA VA 22314
`
`NEUSTADT LLP
`
`EXAMINER
`
`RUDDIE ELLIOT S
`
`ART UNIT
`
`3778
`
`PAPER NUMBER
`
`DATE MAILED 06152018
`
`APPLICATION NO
`
`I
`
`FILING DATE
`
`13990067
`
`08092013
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO
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`CONFIRMATION NO
`
`Michel Thorens
`
`417389US118PCT
`
`5463
`
`TITLE OF INVENTION AEROSOL GENERATING SYSTEM WITH PREVENTION OF CONDENSATE LEAKAGE
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`APPLN TYPE
`
`ENTITY STATUS
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`ISSUE FEE DUE
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`PUBLICATION FEE DUE
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`PREY PAID ISSUE FEE
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`I
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`TOTAL FEES DUE
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`nonprovisional
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`UNDISCOUNTED
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`09172018
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`Case 1:20-cv-00393-LO-TCB Document 729-5 Filed 06/16/21 Page 4 of 11 PageID# 18875
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`13990067
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`08092013
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO
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`CONFIRMATION NO
`
`Michel Thorens
`
`417389US118PCT
`
`5463
`
`TITLE OF INVENTION AEROSOL GENERATING SYSTEM WITH PREVENTION OF CONDENSATE LEAKAGE
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`APPLN TYPE
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`ENTITY STATUS
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`EXAMINER
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`RUDDIE ELLIOT S
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`ART UNIT
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`3778
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`Case 1:20-cv-00393-LO-TCB Document 729-5 Filed 06/16/21 Page 5 of 11 PageID# 18876
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`UNITED STA 1ES PA FENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address COMMISSIONER FOR PATENTS
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`APPLICATION NO
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`13990067
`
`FILING DATE
`
`08092013
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO
`
`CONFIRMATION NO
`
`Michel Thorens
`
`417389US118PCT
`
`5463
`
`22850
`
`7590
`
`06152018
`
`OBLON MCCLELLAND MAIER
`1940 DUKE STREET
`ALEXANDRIA VA 22314
`
`NEUSTADT LLP
`
`EXAMINER
`
`RUDDIE ELLIOT S
`
`ART UNIT
`
`3778
`
`PAPER NUMBER
`
`DATE MAILED 06152018
`
`Determination of Patent Term Adjustment under 35 USC 154 b
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`Case 1:20-cv-00393-LO-TCB Document 729-5 Filed 06/16/21 Page 6 of 11 PageID# 18877
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`Case 1:20-cv-00393-LO-TCB Document 729-5 Filed 06/16/21 Page 7 of 11 PageID# 18878
`
`Notice of Allowability
`
`Application No
`13990067
`Examiner
`ELLIOT S RUD DIE
`
`Applicants
`THOR ENS ET AL
`Art Unit
`AIA First Inventor
`Status
`3778
`
`No
`
`to File
`
`The MAILING DATE of this communication appears on the cover sheet with the correspondence address
`All claims being allowable PROSECUTION ON THE MERITS IS OR REMAINS CLOSED in this application
`herewith or previously mailed a Notice of Allowance PTOL85 or other appropriate communication will be mailed in due course THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS This application is subject
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`from issue at
`the Office or upon petition by the applicant See 37 CFR 1313 and MPEP 1308
`of
`
`If not
`
`included
`
`the initiative
`
`1
`
`This communication is responsive to AFCP filed May 10 2018
`under 37 CFR 1130b waswere filed on
`A declarationsaffidavits
`2 0 An election was made by the applicant
`in response to a restriction requirement set forth during the interview on
`requirement and election have been incorporated into this action
`3 Z The allowed claims isare 13 and 1526 As a result of the allowed claims you may be eligible to benefit from the Patent
`Prosecution Highway program at a participating intellectual property office for the corresponding application For more information
`or send an inquiry to PPHfeedbackusptogov
`please see httpwwwusptogovpatentsiniteventspphindexjsp
`is made of a claim for foreign priority under 35 USC § 119a d or f
`4 E Acknowledgment
`Certified copies
`b OSome c LI None of the
`a E All
`1 0 Certified copies of the priority documents have been received
`2 0 Certified copies of the priority documents have been received
`in Application No
`3 CI Copies of the certified copies of the priority documents have been received in this national stage application from the
`International Bureau PCT Rule 172a
`Certified copies not received
`
`the restriction
`
`Applicant has THREE MONTHS FROM THE MAILING DATE of this communication to file a reply complying with the requirements
`noted below Failure to timely comply will result in ABANDONMENT of this application
`THIS THREEMONTH PERIOD IS NOT EXTENDABLE
`5 0 CORRECTED DRAWINGS as replacement sheets must be submitted
`0 including changes required by the attached Examiners Amendment Comment or in the Office action of
`Paper NoMail Date
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`each sheet Replacement sheets should be labeled as such in the header according to 37 CFR 1121d
`6 0 DEPOSIT OF andor INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted Note the
`regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL
`attached Examiners comment
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`Attachments
`1 0 Notice of References Cited PTO 892
`2 z Information Disclosure Statements PTOSB08
`Paper NoMail Date
`3 0 Examiners Comment Regarding Requirement
`of Biological Material
`4 El Interview Summary PTO 413
`Paper NoMail Date PTO232320180605
`GREGORY ANDERSON
`Primary Examiner Art Unit 3731
`
`for Deposit
`
`5 0 Examiners AmendmentComment
`6
`Examiners Statement of Reasons for Allowance
`7 E Other PTO 232320180605
`
`ELLIOT S RUDDIE
`Examiner Art Unit 3778
`
`US Patent and Trademark Office
`PTOL37 Rev 0813
`20180605
`
`Notice of Allowability
`
`Part of Paper NoMail Date
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`Case 1:20-cv-00393-LO-TCB Document 729-5 Filed 06/16/21 Page 8 of 11 PageID# 18879
`
`ApplicationControl Number 13990067
`
`Art Unit 3778
`
`Page 2
`
`DETAILED ACTION
`
`Notice of PreAIA or AIA Status
`
`The present application is being examined under the preAIA first
`
`to invent provisions
`
`Acknowledgment
`
`is made of applicants claim for foreign priority under 35 USC 119 ad The
`
`Priority
`
`1
`
`2
`
`certified copy has been filed in parent Application No 102520483
`
`filed on December 3 2010 Furthermore
`
`acknowledgment
`
`is made of applicants
`
`claim for priority to 371 Application No PCTEP2011006055
`
`on
`
`December 2 2011
`
`3
`
`This Office Action is responsive to the amendment
`
`filed on October 6 2016 As directed by the
`
`amendment claim 13 has been amended Thus claims 13 and 1524 are presently pending in this application
`
`Status of Claims
`
`The drawings are objection is hereby withdrawn
`
`Drawings
`
`Allowable Subject Matter
`The following is an examiners statement of reasons for allowance Prior art Rose US Patent No
`
`4
`
`5
`
`4846199 discloses a smoking apparatus comprising a leakage prevention means comprises at least one cavity in a
`
`wall 62 of the aerosol forming chamber 64 col 13 ln 3147
`
`6
`
`However Rose fails to teach or suggest wherein the at least one cavity is a blind bole recessed in the wall
`
`of the aerosol forming chamber and has an open end a closed end and a longitudinal direction extenchn
`
`between
`
`the open end and the closed end and wherein the at
`
`least one cavity has a largest crosssectional
`
`dimension x taken
`
`along a crosssection of the cavity in a direction perpendicular
`
`Eo the longitudinal direction of the cavity where xis
`
`05 min or 1 nun or between 05 mm and 1 mum
`
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`Case 1:20-cv-00393-LO-TCB Document 729-5 Filed 06/16/21 Page 9 of 11 PageID# 18880
`
`ApplicationControl Number 13990067
`
`Art Unit 3778
`
`Page 3
`
`Prior art of record Taieb US Publicaiion No 20100200008 Thorens et al US Publication No
`7
`20090272379 Miller US Patent No 4275747 and Robert et al FR2128256 alone or in combination fail
`
`to
`
`remedy the deficiencies of Rose
`
`8
`
`Therefore claims 1526 are allowable by virtue of the dependence
`
`from claim 13
`
`Any comments considered necessary by applicant must be submitted no later than the payment of the issue
`
`fee and to avoid processing delays should preferably accompany the issue fee Such submissions should be clearly
`
`labeled Comments on Statement of Reasons
`
`for Allowance
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications
`
`from the examiner should be
`
`directed to ELLIOT S RUDDIE whose telephone number is 5712727634 The examiner can normally be
`
`reached on 7301700 Alternate Friday EST
`
`Examiner interviews are available via telephone in person and video conferencing using a USPTO
`
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`
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`
`is encouraged to use the USPTO
`
`Automated Interview Request AIR at httpwwwusptogovinterviewpractice
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`If attempts to reach the examiner by telephone are unsuccessful
`
`the examiners supervisor
`
`Jackie Ho can
`
`be reached on 5712724696
`
`The fax phone number for the organization where this application or proceeding is
`
`assigned is 5712738300
`
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`Case 1:20-cv-00393-LO-TCB Document 729-5 Filed 06/16/21 Page 10 of 11 PageID# 18881
`
`ApplicationControl Number 13990067
`
`Art Unit 3778
`
`Page 4
`
`Information regarding the status of an application may be obtained from the Patent Application Information
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`Retrieval PAIR system Status information for published applications may be obtained from either Private PAIR
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`or Public PAIR Status information for unpublished applications is available through Private PAIR only For more
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`information about the PAIR system see httppairdirectusptogoy Should you have questions on access to the
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`Private PAIR system contact
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`the Electronic Business Center EBC at 8662179197 toll free If you would like
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`assistance
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`7869199 IN USA OR CANADA or 5712721000
`
`ELLIOT S RUDDIE
`Examiner Art Unit 3778
`
`GREGORY ANDERSON
`Primary Examiner Art Unit 3731
`
`DEFPUBEDVA000016331
`
`

`

`Case 1:20-cv-00393-LO-TCB Document 729-5 Filed 06/16/21 Page 11 of 11 PageID# 18882
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`Applicants
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`THOR ENS ET AL
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`Art Unit
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`3778
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`Examiner Initiated Interview Summary
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`Application No
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`13990067
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`Examiner
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`ELLIOT S RUDDIE
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`34
`
`All participants applicant applicants representative PTO personnel
`1 ELLIOT S RUDDIE
`2 David Longo
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`Date of Interview 05 June 2018
`Z Telephonic
`IEI Video Conference
`IEI Personal copy given to El applicant
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`Type
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`applicants representative
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`Exhibit shown or demonstration conducted
`If Yes brief description
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`IEI Yes
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`E No
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`0112 0102 0103 ZOthers
`Issues Discussed
`1E1101
`For each of the checked boxes above please describe below the issue and detailed description of the discussion
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`Claims discussed 13
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`Identification
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`of prior art discussed na
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`Substance of
`Interview
`and indicate if agreement was reached Some topics may include identification or clarification of a
`For each issue discussed provide a detailed description
`arguments of any applied references etc
`reference or a portion thereof claim interpretation proposed amendments
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`Discussed Applicants amendments to the independent claim and how the amendment overcome the prior art placina
`the application in condition for allowance
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`Applicant recordation instructions
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`It
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`is not necessary for applicant
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`to provide a separate record of the substance of interview
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`Examiner recordation instructions Examiners must summarize the substance of any interview of record A complete and proper
`substance of an interview should include the items listed in MPEP 71304 for complete and proper
`recordation including the identification of the
`general thrust of each argument or issue discussed a general
`indication of any other pertinent matters discussed regarding patentability and the
`general results or outcome of the interview to include an indication as to whether or not agreement was reached on the issues raised
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`recordation of
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`the
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`IEI Attachment
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`ELLIOT S RUDDIEI
`Examiner Art Unit 3778
`
`US Patent and Trademark Office
`PTOL413B Rev 8112010
`
`Interview Summary
`
`Paper No 20180605
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`DEFPUBEDVA000016332
`
`