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ELECTRONIC CIGARETTE WITH LIQUID RESERVOIR

Docket 16/359,938, U.S. Patent Application (Mar. 20, 2019)
Art Group3991
Case TypeRe-Issue - 131/273000
Class131
Patent
RE49114
Kyle D. Newton
Applicant Juul Labs, Inc.
Assignee ALTER DOMUS (US) LLC
...
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Statutory disclaimers per Manual of Patent Examining Procedure(MPEP) 1490.

Document ELECTRONIC CIGARETTE WITH LIQUID RESERVOIR, 16/359,938, No. LXWA52XEXBLUEX6 (U.S. Pat. App. Jun. 26, 2024)
The extent of patentee’s ownership interest in the above-identified patent is: 100% The fee for this disclaimer is set forth in 37 CFR 1.20(d) and is being paid in the following manner: | payment by the USPTO patentelectronic filing system.
Practitioner registration number Carolina Save June 26, 2024 A Federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with an information collection subject to the requirements of the Paperwork Reduction Act of 1995, unless the information collection has a currently valid OMB Control Number.
The United States Patent and Trademark Office (USPTO) collects the information in this record under authority of 35 U.S.C. 2.
httes://www.govinfo.gov/content/pke/FR-2013-03- 29/pdt/2013-07344pe Routine uses of the information in this record may include disclosure to: 1) law enforcement, in the event that the system of records indicates a violation or potential violation of law; 2) a federal, state, local, or international agency, in responseto its request; 3) a contractor of the USPTO having need for the information in order to perform a contract; 4) the Departmentof Justice for determination of whether the Freedom of Information Act (FOIA) requires disclosure of the record; 5) a Member of Congress submitting a request involving an individual to whom the recordpertains, when the individual has requested the Member’s assistance with respect to the subject matter of the record; 6) a court, magistrate, or administrative tribunal, in the course of presenting evidence, including disclosures to opposing counsel in the course of settlement negotiations; 7) the Administrator, General Services Administration (GSA), or their designee, during an inspection of records conducted by GSA under authority of 44 U.S.C. 2904 and 2906, in accordance with the GSA regulations and any other relevant(i.e., GSA or Commerce) directive, where such disclosure shall not be used to make determinations about individuals; 8) another federal agency for purposes of National Security review (35 U.S.C. 181) and for review pursuant to the Atomic Energy Act (42 U.S.C. 218(c)); 9) the Office of Personnel Management (OPM) for personnel research purposes; and 10) the Office of Management and Budget (OMB) for legislative coordination and clearance.
If you do not furnish the information requested on this form, the USPTO maynotbe able to process and/or examine your submission, which may result in termination of proceedings, abandonmentof the application, and/or expiration of the patent.
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Request for Trial Denied

Document ELECTRONIC CIGARETTE WITH LIQUID RESERVOIR, 16/359,938, No. M0B1OMPAWFYGX61 (U.S. Pat. App. Aug. 26, 2024)
RelatedProceedings The parties identify Certain Vaporizer Devices, Cartridges Used Therewith, and Components Thereof, 337-TA-1368 (ITC) and JUUL Labs, Inc. v. NJOY, LLC etal.
Based on ourreview of the ’114 patent andthe prior art ofrecord, we determine that the definition offered by Petitioner comports with the qualifications a person would have needed to understand the ’114 patentand the priorart.
Patent Ownerarguesthat Cho doesnotdisclose a “liquid reservoir [that] 1s partially defined by the exterior of an atomizing chamber”(Prelim. Resp.8 (citing Ex. 2001 4 47)), that the Petitioner’s “integrated embodiment” mixes and matches embodimentsin a ground presented as anticipatory (id. at 9), and that the “integrated embodiment”is not enabled (id.).
Because we agree with Patent Ownerthat Petitioner hasfailed to establish that Cho describesa “liquid reservoir[that] is partially defined by the exterior of an atomizing chamber”—andthisissue is dispositive—we address only this issue below.
Patent Ownerarguesthat Petitioner’s edited Figure 11 nonetheless does not showthatthe liquid reservoir 1503 is defined by an exterior ofthe atomizing chamberas required by theclaim.
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Electronic Filing System Acknowledgment Receipt

Document ELECTRONIC CIGARETTE WITH LIQUID RESERVOIR, 16/359,938, No. LXWA52XFXBLUEX6 (U.S. Pat. App. Jun. 26, 2024)
Page 2 of 2 This Acknowledgement Aeceint evidences receint an the noted datsty the USPTO of the indicated documents, characterized
igerves as evidence of receyol similar fo a Fost Card, as described in MPEP 503 NeweeeUnder 38 U.S.0.
71% Hg gq fled anc ihe application inciucdes ihe necessary caneee for fing date (see 37 CFR LSa(b}id 4 Resceipt (37 CFR 1.54) will be issued in due course and the date shown on this Acknowledgement Rec:aint vwil“estabiisa the filing dade af the agpiication National Stage of an international Application under 35 U.S.C. 374 Ha timely submissianfo enter the national stage of an international applcationis complfant with the conditions of 35 U.5.0.
addition fo the F 371 and other applicable requirernenis a Form POT/BOEO/908 indicat @ of Iie apolication as a national stage
Ha new internadionai apeHoahon bs being Hed anc the international anplication includes the ni international fing date (see PCT Articie 4Hand MPEP i810}, a Notification of the Infernatonal Awlicahon Number and of the International eee Date (Form POT/RO/105) will be issued in due course, subject io prescriptions concerning national securiy, and the dale shown on this Acknowledgement Aeceipi will esiablish the internationad filing date of ihe application.
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Electronic Fee Payment

Document ELECTRONIC CIGARETTE WITH LIQUID RESERVOIR, 16/359,938, No. LXWA52XHXBLUEX6 (U.S. Pat. App. Jun. 26, 2024)
PaymentInformation ohh v4 tects Lua “”) ve Lie 3Li.
Page 2 of 2 Reoelot wil estabtish the fling date of the application National Stage of an international Application uncer 35 U.S.C. 374 if a timely submission to enter the national stage of an international apohcation is campllant with the conditions of 05 LSC, 377 and other anplicable requiraments a Form POT/DO/EO/908indicating accentance of the agnlicatian as a national stage
submission uncier $5 ULS.0.
S77 will be issued in addition to the Filing Recelpl, in due cou New International Apolication Filed with the USPTO as a Recelying Office H a rrewinternational anplication is being Hec and ihe internadional aoplication includes the necessary components for an internadional ding cate (see PCT Ariicie Tf anc MF }, a Notiicatinn of the international Apshcation Number and of the international riting Daie (Form PCT/RO/105) will be issued in due course, subject lo prescrintions concerning national securly, and the date shown on this Acknowledgement Receiot will establish the international fling date of the apnlicaiion.
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Report on the filing or determination of an action regarding a patent

Document ELECTRONIC CIGARETTE WITH LIQUID RESERVOIR, 16/359,938, No. LL2PNZ15GREENX4 (U.S. Pat. App. Aug. 8, 2023)
Mail Stop 8 Director of the U.S. Patent and Trademark Office P.O.
In Compliance with 35 U.S.C, § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been filed in the U.S.District Court for the District of Arizona on the following [Trademarks or Patents.
NJOY, LLC, NJOY Holdings,Inc., Altria Group,Inc., Altria Group Distribution Company, and Altria Client Services
(] Other Pleading LD Cross Bill CJ Answer
CO] Amendment In the above—entitled case, the following decision has been rendered or judgement issued:
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KZCSUNYCLDFLYX7

Document ELECTRONIC CIGARETTE WITH LIQUID RESERVOIR, 16/359,938, No. KZCSUNYCLDFLYX7 (U.S. Pat. App. Feb. 9, 2022)

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KT4EUYL1LDFLYX4

Document ELECTRONIC CIGARETTE WITH LIQUID RESERVOIR, 16/359,938, No. KT4EUYL1LDFLYX4 (U.S. Pat. App. Sep. 8, 2021)

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