DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Claims 1, 24-33 and 37-39 are withdrawn. Claims 2-16, 18-23, 34-35 and 40-41 are cancelled. Claims 17 and 43-45 are amended. Claims 17, 36 and 42-45 are presently examined. Claim 43 is objected to.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 17, 36, 42 and 44-45 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (WO 2017/139963, English language equivalent EP 3417726 relied upon) in view of Liu (US 2017/0035109).
Regarding claim 17, Chen discloses an atomizing device including an atomizer ([0008], figure 1, reference numeral 10), having a body ([0009], figure 3, reference numeral 100), which is considered to meet the claim limitation of a shell, through which an air inhalation channel passes ([0009], figure 3, reference numeral 160), which is considered to meet the claim limitation of a smoke outlet communicating with the outside. The shell also contains a liquid storage chamber (figure 3, reference numeral 140) and an atomizing element ([0009], figure 3, reference numeral 200). The atomizing element is located between the liquid storage chamber and a first sub-channel [0009] below the atomizing element ([0014], figure 3, reference numeral 232), which is considered to define an atomizing chamber. The porous body itself is considered to meet the claim limitation of a cover. The airflow channel extends through the interior of the porous body [0010]. The sealing gasket has a first portion ([0019], figure 6, reference numeral 242). A heat generating structure is located on the atomizing surface of the porous body ([0009], figure 4, reference numeral 224) in the form of a heating circuit layer [0011], indicating that it is configured to heat the porous body. It is evident that the heat of the porous body would then heat the liquid. The smoke is generated at the atomizing surface [0010], indicating that the porous body must guide the liquid through it from the top to the bottom to reach the atomizing surface, which is considered to meet the claim limitation of a liquid tunnel. An airflow channel is formed through the porous body to interconnect the atomizing surface and the inhalation channel ([0009], figure 5). The airflow tunnel is formed by the smoke travelling in sequence through a first sub channel (figure 3, reference numeral 232), into the porous body through a second sub channel (figure 3, reference numeral 234), and then out of the porous body through a third sub channel ([0014], figure 3, reference numeral 236). There are multiple first and second sub channels [0015], indicating that the sub channels would be located at different surfaces of the porous body, since they would otherwise merge together. The first, second, and third subchannels together form a smoke tunnel that passes through multiple side surfaces and the top of the porous body, and also connects to the atomizing surface [0014], which is considered to meet the claim limitation of the smoke tunnel passing having first and second sub tunnels. Chen does not explicitly teach (a) a separate liquid guiding member and (b) the second liquid guide cloth being detachable.
Regarding (a), Liu teaches an atomizer having a second liquid guide cloth (figure 11, reference numeral 1201), which is considered to meet the claim limitation of a liquid guiding element, that fits on the opposite side of an electric heating element (figure 11, reference numeral 203) from a first liquid guide cloth ([0150], figure 11, reference numeral 204) so that both sides of the electric heating element are close to a liquid guide cloth so that the atomizer may atomize the cigarette liquid to generate an increased quantity of smoke [0152].
It would therefore have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the second liquid guide cloth of Liu on the opposite side of the plated heating circuit layer from the atomizing surface of Chen. One would have been motivated to do so since Liu teaches a second liquid guide cloth that allows the atomizer to generate an increased quantity of smoke.
Regarding (b), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the second liquid guide cloth be detachable. The Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art. See MPEP § 2144.04 V C.
Regarding claim 36, Chen discloses that the two sub tunnels are perpendicular to each other (figure 3).
Regarding claim 42, Chen discloses that a silicone gasket is located above the porous body ([0019], figure 5, reference numeral 240), which is considered to meet the claim limitation of a sealing component. The gasket is disposed in a gap (figure 3).
Regarding claims 44 and 45, modified Chen teaches all the claim limitations as set forth above. Chen additionally discloses that the heat generating structure is located on the atomizing surface [0009] and is plated to the atomizing surface [0011]. Modified Chen does not explicitly teach the atomizing surface located at the bottom of the porous body.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to move the heat generating surface of modified Chen to the bottom of the porous body of modified Chen. One would have been motivated to do so since there is no evidence that the specific location of the heat generating surface is critical. Rearrangement of parts where both arrangements are known equivalents is a design choice that gives predicable results. See MPEP § 2144.04 VI C.
Allowable Subject Matter
Claim 43 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter:
Chen (WO 2017/139963, English language equivalent EP 3417726 relied upon) teaches an atomizing device including an atomizer ([0008], figure 1, reference numeral 10), having a body ([0009], figure 3, reference numeral 100), which is considered to meet the claim limitation of a shell, through which an air inhalation channel passes ([0009], figure 3, reference numeral 160), which is considered to meet the claim limitation of a smoke outlet communicating with the outside. The shell also contains a liquid storage chamber (figure 3, reference numeral 140) and an atomizing element ([0009], figure 3, reference numeral 200). The atomizing element is located between the liquid storage chamber and a first sub-channel [0009] below the atomizing element ([0014], figure 3, reference numeral 232), which is considered to define an atomizing chamber. The porous body itself is considered to meet the claim limitation of a cover. The airflow channel extends through the interior of the porous body [0010]. The sealing gasket has a first portion ([0019], figure 6, reference numeral 242). A heat generating structure is located on the atomizing surface of the porous body ([0009], figure 4, reference numeral 224) in the form of a heating circuit layer [0011], indicating that it is configured to heat the porous body. It is evident that the heat of the porous body would then heat the liquid. The porous body itself forms a liquid guiding portion that transfers liquid to the atomizing portion ([0014], figure 4, reference numeral 229), which is considered to define a liquid tunnel since the liquid passes through it. An airflow channel is formed through the porous body to interconnect the atomizing surface and the inhalation channel ([0009], figure 5). The airflow tunnel is formed by the smoke travelling in sequence through a first sub channel (figure 3, reference numeral 232), into the porous body through a second sub channel (figure 3, reference numeral 234), and then out of the porous body through a third sub channel ([0014], figure 3, reference numeral 236). There are multiple first and second sub channels [0015], indicating that the sub channels would be located at different surfaces of the porous body, since they would otherwise merge together. The first, second, and third subchannels together form a smoke tunnel that passes through multiple side surfaces and the top of the porous body, and also connects to the atomizing surface [0014], which is considered to meet the claim limitation of the smoke tunnel passing having first and second sub tunnels. However, Chen does not teach or suggest a liquid guiding member.
Liu (US 2017/0035109) teaches an atomizer having a second liquid guide cloth (figure 11, reference numeral 1201), which is considered to meet the claim limitation of a liquid guiding element, that fits on the opposite side of an electric heating element (figure 11, reference numeral 203) from a first liquid guide cloth ([0150], figure 11, reference numeral 204) so that both sides of the electric heating element are close to a liquid guide cloth so that the atomizer may atomize the cigarette liquid to generate an increased quantity of smoke [0152]. However, Liu does not teach or suggest only a portion of the side of the liquid guide cloth being covered.
The prior art does not each or suggest an electronic cigarette having wherein a side wall of a cover covered only a portion of a side surface of a liquid guiding member in combination with the limitations of claim 17.
Response to Arguments
Regarding the rejections under 35 USC 103, applicant’s arguments have been fully considered but they are not persuasive. Applicant argues (a) that Chen does not disclose a liquid tunnel, (b) that Davis does not teach the claimed liquid tunnel, (c) that modified Chen does not teach the subject matter of claim 43 and (d) that the dependent claims are allowable due to dependence on an allowable claim.
Regarding (a), Chen must have a liquid tunnel of some kind since the porous body itself forms a liquid guiding portion that transfers liquid to the atomizing portion ([0014], figure 4, reference numeral 229).
Regarding (b), applicant’s arguments are moot since Davis is not relied upon in the instant Office action.
Regarding (c), applicant’s arguments are moot since claim 43 is not rejected in the instant Office action.
Regarding (d), the examined independent claim is rejected as set forth above, rendering this argument meritless.
Conclusion
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/RUSSELL E SPARKS/ Primary Examiner, Art Unit 1755
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