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 .
Status of the Claims
Claims 1, 3, 6, 10-17, and 21-22 are pending and are subject to this Office Action. Claims 1 and 3 are amended. Claims 2, 4-5, 7-9, and 18-20 are cancelled. Claims 21-22 are new.
Response to Amendments
The amendments to the claims filed on August 19, 2025 are acknowledged.
Response to Arguments
Applicant's arguments, see pgs 6-10, filed August 19, 2025 have been fully considered and are persuasive. Applicant has amended claim 1 to require a limitation that the previously applied prior art does not disclose: “wherein the second extension length of the air inlet is greater than the first extension length of the heating body.” Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art references in combination with previously applied prior art. The following is a modified rejection based on amendments made to the claims.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites the limitation “the parallel-arrangement direction of the air inlets” on ln 20. There is insufficient antecedent basis for this limitation in the claim because Claim 1 does not include multiple air inlets in a parallel-arrangement direction. For examination purposes, examiner has interpreted the limitation to refer to “wherein the heating body is arranged on the atomizing surface extending along width direction” because the air inlet may extend along the width direction as recited in Claim 1.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 6, 10-11, and 17, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2020/0085108 A1) in view of Qiu-044 (US 2021/0401044 A1) and Lomas (WO 2020/200654 A1).
Regarding Claim 1, Li, directed to atomizers ([0002]) and aerosol delivery devices ([0002]-[0004]), teaches an atomizer for an electronic cigarette ([0027], Figs. 1-2; Electronic atomization device 1 of Fig. 1 comprises an atomizer as shown in Fig. 2. [0003], The electronic atomization device is an electronic cigarette), comprising
an outer shell having an opening end ([0027]-[0029], Figs. 1-2; The atomizer as shown in Fig. 2 comprises a shell 11 which defines the outer shell of the atomizer. Shell 11 has an opening at its lower end which is covered by base 14), and
an end cover arranged on the opening end ([0027]-[0029], Figs. 1-2; Base 14 defines an end cover arranged on the opening end of shell 11 (outer shell)),
wherein the atomizer comprises a proximal end and a distal end opposite to each other ([0027]-[0036], Fig. 2-4; The atomizer of Figs. 2-4 comprises a proximal end at the top and a distal end at the bottom, positioned opposite to each other);
the outer shell comprises a length direction extending from the proximal end to the distal end ([0027]-[0036], Fig. 2-4; Shell 11 (outer shell) comprises a length direction (top to bottom) extending from the proximal end to the distal end),
a width direction perpendicular to the length direction ([0027]-[0036], Fig. 2-4; Shell 11 (outer shell) comprises a width direction (left to right) perpendicular to the length direction (top to bottom)), and
a thickness direction perpendicular to both the length direction and the width direction ([0027]-[0036], Fig. 2-4; Shell 11 (outer shell) comprises a thickness direction (front to back) perpendicular to both the length direction (top to bottom) and the width direction (left to right));
the outer shell has a greater size along the length direction than the width direction ([0027]-[0036], Fig. 2-4; Shell 11 (outer shell) has a greater size along the length direction (top to bottom) than the width direction (left to right)), and
has a greater size along the width direction than the thickness direction ([0027]-[0036], Fig. 2-4; Shell 11 (outer shell) has a greater size along width direction (left to right) than the thickness direction (front to back));
wherein the outer shell is internally provided with a liquid storage cavity configured for storing liquid ([0027]-[0029], Figs. 1-2; Shell 11 (outer shell) is internally provided with liquid cavity 111 configured to store a liquid) and
an atomizing assembly configured for atomizing the liquid ([0027]-[0029], Figs. 1-2; Shell 11 (outer shell) is internally provided with heating assembly 12 (atomizing assembly) configured for heating and atomizing the liquid);
the atomizing assembly comprises a porous body configured for absorbing the liquid from the liquid storage cavity ([0034]-[0036], Figs. 2-4; Heating assembly 12 (atomizing assembly) may include a porous ceramic liquid guiding member 121 (porous body) configured for absorbing the liquid from liquid cavity 111 (liquid storage cavity)), and
a heating body configured for heating and atomizing the liquid absorbed by the porous body to generate an aerosol ([0034]-[0036], Figs. 2-4; Heating assembly 12 (atomizing assembly) comprises a heating member 122 (heating body), mounted on a bottom face 121b of the porous ceramic liquid guiding member 121. Heating member 122 (heating body) is configured for heating and atomizing the liquid absorbed by porous ceramic liquid guiding member 121 (porous body) to generate an aerosol);
the porous body comprises a first side part and a second side part arranged opposite to each other ([0034]-[0036], Figs. 2-4; Porous ceramic liquid guiding member 121 (porous body) comprises a first side part at its left side as shown in Fig. 3, and a second side part at its right side as shown in Fig. 3) and
an atomizing surface extending from the first side part to the second side part ([0034]-[0036], Figs. 2-4; Porous ceramic liquid guiding member 121 (porous body) comprises a bottom face 121b upon which heating member 122 (heating body) is mounted. Bottom face 121b extends from the first side part the second side part of porous ceramic liquid guiding member 121 (porous body). If the component which atomizes the liquid is located on bottom face 121b, the bottom face 121b is an atomizing surface), and
the heating body is arranged on the atomizing surface and has a first extension length along the width direction ([0034]-[0036], Figs. 2-4; Heating member 122 (heating body) is arranged on bottom face 121b (atomizing surface). Heating member 122 has a first extension length along the width direction (left to right)),
wherein the atomizing surface and the end cover are spaced apart a certain distance to form an atomizing cavity configured for accommodating the generated aerosol ([0027]-[0036], Figs. 2-4; Bottom face 121b (atomizing surface) and base 14 (end cover) are spaced apart a certain distance to form a cavity. If liquid is atomized at bottom face 121b, it is reasonably understood that the cavity is an atomizing cavity configured for accommodating the generated aerosol),
the outer shell further defines therein a smoke outlet channel configured for outputting the aerosol in the atomizing cavity to the outside of the outer shell ([0027]-[0033], Fig. 2; Shell 11 (outer shell) defines therein a smoke outlet 112 having a tubular shape configured for outputting the atomized liquid (aerosol) in the atomizing cavity (defined between bottom face 121b and base 14) to the outside of shell 11 for inhalation by a user),
the atomizing cavity is in fluid communication with the smoke outlet channel by means of a communication opening ([0029]-[0031], [0040], Figs. 2-4; Air is configured to enter the atomizer through air entering hole 14a defined in base 14, flow into the atomizing cavity (defined between bottom face 121b and base 14), flow into air guiding channel 16 (communication opening), out of air outlet 131b, and through smoke outlet 112 (smoke outlet channel)), and
an air inlet in fluid communication with the atomizing cavity is defined on the end cover ([0029]-[0031], [0040]-[0042], Figs. 2-4; Air is configured to enter the atomizer through air vent 14b (air inlet) defined on base 14 (end cover) and flow into the atomizing cavity (defined between bottom face 121b and base 14));
wherein the air inlet presents one waist-shaped hole extending along the width direction, and has a second extension length ([0042], Figs. 2-4; Air vent 14b (air inlet) presents one waist-shaped hole extending along the width direction, and has a second extension length), and
the communication opening is arranged adjacent to the second side part along the direction of extension of the atomizing surface ([0030], [0032], [0034], Figs. 2-3; Air guiding channel 16 comprises two channels, wherein one of the channels is arranged adjacent to the second side part of porous ceramic liquid guiding member 121 (at its right side as shown in Figs. 2-3), along the direction of extension of the bottom face 121b (atomizing surface). The other of the channels is located adjacent to the first side part of porous ceramic liquid guiding member 121 (at its left side as shown in Figs. 2-3)),
but does not teach the atomizer i) wherein the air inlet is arranged adjacent to the second side part along the direction of extension of the atomizing surface, wherein the air inlet is staggered with the atomizing surface such that an airflow entering the atomizing cavity from the air inlet flows towards the communication opening along the direction of extension of the atomizing surface, and ii) wherein the second extension length of the air inlet is greater than the first extension length of the heating body.
With respect to i), Qiu-044, directed to atomizers ([0002]-[0004], [0156]-[0157], Figs. 4, 7-8; Cartridge 10 houses an atomizing device, and is therefore an atomizer), teaches an atomizer for an electronic cigarette ([0156]-[0157], Figs. 1-2, 4, 7-8; Cartridge 10 (atomizer). Cartridge 10 and battery device 20 form an electronic cigarette), comprising
an atomizing assembly comprising a porous body and a heating body ([0157]-[0162], Figs. 7-8, 11; Liquid suction member 17 (porous body) and heating member 21 (heating body) for an assembly for atomizing the liquid in liquid storage cavity 19. Liquid suction member 17 may comprises porous ceramic or porous graphite);
the porous body comprises a first side part and a second side part arranged opposite to each other ([0157]-[0158], Figs. 4, 7-8; Liquid suction member 17 has a first side part at its front surface, and a second side part at its back surface, where in the first and second side part are arranged opposite to each other. See Fig 4., which shows liquid suction member 17 having the shape of a rectangular prism having a front and a back surface) and
an atomizing surface extending from the first side part to the second side part ([0157]-[0158], [0162], Figs. 7-8, 11; Heating member 21 contacts the lower surface of liquid suction member 17, which extends from the first side part (front surface) to the second side part (back surface). The lower surface of liquid suction member 17 is the atomizing surface), and
the heating body is arranged on the atomizing surface ([0157]-[0158], [0162], Figs. 7-8, 11; Heating member 21 contacts the lower surface of liquid suction member 17);
an atomizing cavity in fluid communication with a smoke outlet channel by means of a communication opening ([0157]-[0165], Figs. 7-8; Atomizing cavity 151 is in fluid communication with airflow channel 157 (smoke outlet channel) by means of air guiding groove 157 (communication opening)), and
an air inlet in fluid communication with the atomizing cavity is defined on the end cover or the outer shell ([0157]-[0158], [0165], Figs. 7-8; Air inlet opening 152, partition plate 156, and communication groove 155 form the air inlet. The air inlet is in fluid communication with atomizing cavity 151 is defined on bottom base 15 (end cover));
the air inlet is arranged adjacent to the second side part along the direction of extension of the atomizing surface ([0157]-[0158], [0165], Figs. 7-8; Air inlet opening 152, partition plate 156, and communication groove 155 are arranged adjacent to the back surface of liquid suction member 17 (second side part) along the direction of extension of the lower surface of liquid suction member 17 (atomizing surface)), and
the communication opening is arranged adjacent to the second side part along the direction of extension of the atomizing surface ([0165], Figs. 7-8; Air guiding groove 157 (communication opening) is arranged adjacent to the back surface of liquid suction member 17 (second side part) along the direction of extension of the lower surface of liquid suction member 17 (atomizing surface)),
wherein the air inlet is staggered with the atomizing surface such that an airflow entering the atomizing cavity from the air inlet flows towards the communication opening along the direction of extension of the atomizing surface ([0038], [0165], Figs. 7-8; air inlet opening 152 is staggered with the lower surface of liquid suction member 17 (atomizing surface). Airflow entering atomizing cavity 151 from air inlet opening 152 flows towards air guiding groove 157 along the direction of extension of the lower surface of liquid suction member 17 (atomizing surface)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the air inlet of Li is arranged adjacent to the second side part along the direction of extension of the atomizing surface, wherein the air inlet is staggered with the atomizing surface such that an airflow entering the atomizing cavity from the air inlet flows towards the communication opening along the direction of extension of the atomizing surface as taught by Qiu-144 because Li and Qiu-144 are directed to atomizers, Qiu demonstrates that staggering an air inlet with an atomizing surface prevents condensate or e-liquid from leaking via the air inlet (Qiu-144, [0038], [0157]-[0165], Figs. 7-8), and this involves combining prior art elements according to known methods to yield predictable results.
Li in view of Qiu-144 does not teach the atomizer ii) wherein the second extension length of the air inlet is greater than the first extension length of the heating body.
With respect to ii), Lomas, directed to aerosol generating devices (pg. 1, ln 1-3), teaches an atomizer for an electronic cigarette (pg 19, ln 5-10, Fig. 1A-1C; Smoking substitute system 100 (electronic cigarette) comprises a main body 102 and a consumable or cartomizer 104 (atomizer)) comprising:
a heating body having a first extension length along a width direction of the atomizer (pg. 13, ln 1-5; Fig. 3 shows that cartomizer 104 has a length direction (top to bottom) and a width direction (left to right); and pg 14, ln 11 - pg 15, ln 12, Fig. 4A-4C; Heater filament 164 has a first extension length along a width direction of the atomizer),
an air inlet defined on an end cover of the atomizer, wherein the air inlet has a second extension length along the width direction (pg. 15, ln 21-28, Figs. 3, 4A-4C; Inlet channels 220 are defined on base insert 170 (end cover of the atomizer); and pg 5, ln 17The air inlet(s) can be embodied as a single air inlet which is elongated along the transverse direction. The single air inlet must have a second extension length along the width direction),
wherein the second extension length of the air inlet is greater than the first extension length of the heating body (pg. 15, ln 21-28, Figs. 3, 4A-4C; The second extension length of the inlet channels 220 is greater than the first extension length of the heater filament 164 as shown in Fig. 4A. As the inlet channels 220 may be embodied as a single elongate air inlet having a similar second extension length, it is reasonably understood that the second extension length of the air inlet is greater than the first extension length of the heating body).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the atomizer of Li in view of Qiu-144 wherein the second extension length of the air inlet is greater than the first extension length of the heating body as taught by Lomas because Li and Lomas are directed to aerosol generating devices, Lomas discloses a prior art configuration wherein an air inlet can be longer than a heating body (Lomas, pg. 13, ln 1-5; pg. 15, ln 21-28, Figs. 3-4), and changing the relative lengths of the air inlet and the heating body constitutes change in size to another known size in the art. The change in size, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV A.
Regarding Claim 3, Li in view of Qiu-144 and Lomas teaches the atomizer for electronic cigarette according to claim 1. Qiu-144 further teaches the atomizer wherein the air inlet is defined deviating from a center of the end cover ([0027]-[0036], [0041], Fig. 2-4; Base 14 (end cover) may include a bottom wall 141 and two side walls 142 connecting with the bottom wall 141, and arranged oppositely and spaced apart from each other. Air entering hole 14a (air inlet) may be defined on at least one of the two side walls 142 of base 14 (end cover). If air entering hole 14a (air inlet) is provided on at least one of the two side walls 142, air entering hole 14a is defined deviating from a center of base 14 (end cover)).
Regarding Claim 6, Li in view of Qiu-144 and Lomas teaches the atomizer for electronic cigarette according to claim 5. Li further teaches the atomizer wherein the heating body is arranged on the atomizing surface extending along the parallel-arrangement direction of the air inlets (([0034]-[0036], Figs. 2-4; Heating member 122 has a first extension length along the width direction (left to right)). [0042], Figs. 2-4; Air vent 14b (air inlet) presents one elongated slit extending along the width direction).
Regarding Claims 10-11, Li in view of Qiu-144 and Lomas does not teach the atomizer wherein a side wall of the atomizing cavity close to the air inlet is provided with a shielding part, a projection of the shielding part on a section perpendicular to the direction of extension of the air inlet at least covers part of the air inlet, so as to prevent a condensed liquid in the atomizing cavity flowing into the air inlet, wherein the atomizing cavity further defines therein a collection cavity configured for collecting a condensed liquid formed by aerosol condensation.
Qiu-044, directed to atomizers ([0002]-[0004], [0156]-[0157], Figs. 4, 7-8; Cartridge 10 houses an atomizing device, and is therefore an atomizer), teaches an atomizer for an electronic cigarette ([0156]-[0157], Figs. 1-2, 4, 7-8; Cartridge 10 (atomizer). Cartridge 10 and battery device 20 form an electronic cigarette), comprising
an outer shell having an opening end ([0157], Figs. 4, 7-8; Cartridge housing 16 and suction nozzle 13 form the outer shell of cartridge 10. Cartridge housing 16 which has an opening end on its lower surface), and
an end cover arranged on the opening end ([0157], Figs. 4, 7-8; Bottom base 15 is arranged to cover the lower surface of cartridge housing 16),
wherein the outer shell is internally provided with a liquid storage cavity configured for storing liquid ([0158], Figs. 7-8; The inner cavity of the cartridge casing 16 (outer shell) forms a liquid storage cavity 19 for storing an e-liquid) and
an atomizing assembly configured for atomizing the liquid ([0157]-[0158], [0162], Figs. 7-8, 11; Liquid suction member 17 and heating member 21 for an assembly for atomizing the liquid in liquid storage cavity 19. Heating member 21 is a component of battery device 20, however heating member 21 is provided in the internal cavity of cartridge casing 16 (outer shell) to directly contact liquid suction member 17);
the atomizing assembly comprises a porous body configured for absorbing the liquid from the liquid storage cavity ([0157]-[0159], [0161]-[0162], Figs. 4, 7-8, 11; Liquid suction member 17 may comprises porous ceramic or porous graphite, and absorbs the liquid from liquid storage cavity 19), and
a heating body configured for heating and atomizing the liquid absorbed by the porous body to generate an aerosol ([0162], Figs. 7-8, 11; Heating member 21 heats an atomizes the liquid absorbed by liquid suction member 17 to generate smoke, which is an aerosol);
the porous body comprises a first side part and a second side part arranged opposite to each other ([0157]-[0158], Figs. 4, 7-8; Liquid suction member 17 has a first side part at its front surface, and a second side part at its back surface, where in the first and second side part are arranged opposite to each other. See Fig 4., which shows liquid suction member 17 having the shape of a rectangular prism having a front and a back surface) and
an atomizing surface extending from the first side part to the second side part ([0157]-[0158], [0162], Figs. 7-8, 11; Heating member 21 contacts the lower surface of liquid suction member 17, which extends from the first side part (front surface) to the second side part (back surface). The lower surface of liquid suction member 17 is the atomizing surface), and
the heating body is arranged on the atomizing surface ([0157]-[0158], [0162], Figs. 7-8, 11; Heating member 21 contacts the lower surface of liquid suction member 17),
wherein the atomizing surface and the end cover are spaced apart a certain distance to form an atomizing cavity configured for accommodating the generated aerosol ([0157]-[0162], Figs. 4, 7-8; The lower surface of liquid suction member 17 (atomizing surface) and bottom base 15 are spaced apart a certain distance to form atomizing cavity 151 configured for accommodating the generated aerosol),
the outer shell further defines therein a smoke outlet channel configured for outputting the aerosol in the atomizing cavity to the outside of the outer shell ([0158], [0162], [0165], Figs. 7-8; Cartridge casing 16 defines therein airflow channel 165. Smoke (aerosol) is output from atomizing cavity 151 through air guiding groove 165, through airflow channel 157, to smoke outlet 131 positioned outside of cartridge casing 16),
the atomizing cavity is in fluid communication with the smoke outlet channel by means of a communication opening ([0158], [0162], [0165], Figs. 7-8; Atomizing cavity 151 is in fluid communication with airflow channel 157 by means of air guiding groove 157 (communication opening)), and
an air inlet in fluid communication with the atomizing cavity is defined on the end cover or the outer shell ([0157]-[0158], [0165], Figs. 7-8; Air inlet opening 152, partition plate 156, and communication groove 155 form the air inlet. The air inlet is in fluid communication with atomizing cavity 151 is defined on bottom base 15 (end cover));
the air inlet is arranged adjacent to the second side part along the direction of extension of the atomizing surface ([0157]-[0158], [0165], Figs. 7-8; Air inlet opening 152, partition plate 156, and communication groove 155 are arranged adjacent to the back surface of liquid suction member 17 (second side part) along the direction of extension of the lower surface of liquid suction member 17 (atomizing surface)), and
the communication opening is arranged adjacent to the second side part along the direction of extension of the atomizing surface ([0165], Figs. 7-8; Air guiding groove 157 (communication opening) is arranged adjacent to the back surface of liquid suction member 17 (second side part) along the direction of extension of the lower surface of liquid suction member 17 (atomizing surface)),
such that an airflow entering the atomizing cavity from the air inlet flows towards the communication opening along the direction of extension of the atomizing surface ([0165], Figs. 7-8; Airflow entering atomizing cavity 151 from air inlet opening 152 flows towards air guiding groove 157 along the direction of extension of the lower surface of liquid suction member 17 (atomizing surface)),
wherein the atomizer comprises a proximal end and a distal end opposite to each other ([0157]-[0165], Figs. 4, 7-8; Cartridge 10 (atomizer) has a proximal end at the top and a distal end at the bottom, positioned opposite to each other);
the outer shell comprises a length direction extending from the proximal end to the distal end ([0157]-[0165], Figs. 4, 7-8; Cartridge housing 16 and suction nozzle 13 form the outer shell of cartridge 10. The outer shell comprises a length direction (top to bottom) extending from the proximal end to the distal end),
a width direction perpendicular to the length direction ([0157]-[0165], Figs. 4, 7-8; Cartridge housing 16 (outer shell) comprises width direction (left to right) perpendicular to the length direction (top to bottom)) and
a thickness direction perpendicular to both the length direction and the width direction ([0157]-[0165], Figs. 4, 7-8; Cartridge housing 16 (outer shell) comprises a thickness direction (front to back) perpendicular to both the length direction (top to bottom) and the width direction (left to right));
the outer shell has a greater size along the length direction than the width direction ([0157]-[0165], Figs. 4, 7-8; Cartridge housing 16 (outer shell) has a greater size along length direction (top to bottom) than the width direction (left to right)), and
has a greater size along the width direction than the thickness direction ([0157]-[0165], Figs. 4, 7-8; Cartridge housing 16 (outer shell) has a greater size along the width direction (left to right) than the thickness direction (front to back)),
wherein the atomizing surface is arranged extending along one of the thickness direction or the width direction of the outer shell ([0157]-[0165], Figs. 4, 7-8; The lower surface of liquid suction member 17 (atomizing surface) is arranged extending along the width direction (left to right) of cartridge housing 16),
wherein the first side part and the second part are configured to allow the airflow through the atomizing surface along the thickness direction ([0157]-[0165], Figs. 4, 7-8, 11; Liquid suction member 17 (porous body) comprising the first side part, the second side part, and the atomizing surface is formed from porous ceramic or porous graphite. Porous materials allow for air to flow through them. Because Qiu-144 teaches a porous body having the shape and material as claimed, liquid suction member 17 (porous body) taught by would be necessarily capable of allowing the airflow through the atomizing surface along the atomizing surface along the thickness direction),
wherein a side wall of the atomizing cavity close to the air inlet is provided with a shielding part ([0157]-[0165], Figs. 7-8; The portion of bottom base 15 which is directly above communication groove 155, along with the portion of the left wall of atomizing cavity 151 which comprises air passage hole 1561 form the shielding part. The shielding part defines the left wall of atomizing cavity 151),
a projection of the shielding part on a section perpendicular to the direction of extension of the air inlet at least covers part of the air inlet, so as to prevent a condensed liquid in the atomizing cavity flowing into the air inlet ([0157]-[0165], Figs. 7-8; The portion of bottom base 15 which is directly above communication groove 155 includes a lower surface perpendicular to the direction of extension of the air inlet (vertical). The portion of the left wall of atomizing cavity 151 which comprises air passage hole 1561 projects downward from said lower surface. The projection covers the right side of the communication groove 155 (air inlet) so as to prevent a condensed liquid in atomizing cavity 151 flowing into communication groove 155 (air inlet)),
wherein the atomizing cavity further defines therein a collection cavity configured for collecting a condensed liquid formed by aerosol condensation ([0004], [0006], [0186], Fig. 11; Protrusion 226 includes liquid collecting groove 2211 configured for collecting a condensed liquid formed by aerosol condensation. Protrusion 226 is inserted into the atomizing cavity 151 such that liquid collecting groove 2211 forms the lower surface of atomizing cavity 151).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the atomizer taught by Li in view of Qiu-144 and Lomas wherein a side wall of the atomizing cavity close to the air inlet is provided with a shielding part, a projection of the shielding part on a section perpendicular to the direction of extension of the air inlet at least covers part of the air inlet, so as to prevent a condensed liquid in the atomizing cavity flowing into the air inlet as taught by Qiu-044 because Li and Qiu-044 are directed to atomizers, Qiu-044 demonstrates that the shielding part and the projection cooperate to prevent condensed liquid in the atomizing cavity from flowing into the air inlet (Qiu-044, [0157]-[0165], Figs. 7-8), and this involves combining prior art elements according to known methods to yield predictable results.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the atomizer taught by Li wherein the atomizing cavity further defines therein a collection cavity configured for collecting a condensed liquid formed by aerosol condensation as taught by Qiu-044 because Li and Qiu-044 are directed to atomizers, Qiu-044 demonstrates that the collection cavity collects a condensed liquid formed by aerosol condensation to prevent the condensate from entering the inside of the battery device located below the atomizer (Qiu-044, [0004], [0006], [0186], Fig. 11), Li states that a power device is located below the atomizer (Li, [0065], Fig. 11; Electronic atomization device 1 comprises a power assembly 21 (power device) located below atomizer 22), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 17, Li teaches an electronic cigarette ([0027], [0065], Figs. 1-2, 11; Electronic atomization device 1 of Figs. 1 and 11 comprises an atomizer 22 as shown in Figs. 2 and 11. [0003], The electronic atomization device is an electronic cigarette), comprising
an atomizing device configured for atomizing liquid to generate an aerosol for inhalation ([0027]-[0029], [0065], Figs. 1-2; Electronic atomization device 1 of Figs. 1 and 11 comprises an atomizer 22 (atomizing device) as shown in Figs. 2 and 11. [0003], The electronic atomization device is an electronic cigarette. The atomizer 22 is internally provided with heating assembly 12 (atomizing assembly) configured for heating and atomizing a liquid to generate an aerosol for inhalation), and
a power device configured for supplying power to the atomizing device ([0065], Fig. 11; Electronic atomization device 1 of Figs. 1 and 11 comprises a power assembly 21 (power device) configured for supplying power to the atomizer 22 (atomizing device)),
wherein the atomizing device is the atomizer according to claim 1 ([0027]-[0029], [0065], Figs. 1-2; Electronic atomization device 1 of Figs. 1 and 11 comprises an atomizer 22 (atomizing device) as shown in Figs. 2 and 11. Atomizer 22 is the atomizer according to claim 1).
Regarding Claims 21-22, Li in view of Qiu-144 and Lomas teaches the atomizer for electronic cigarette according to claim 1. Li further teaches the atomizer wherein the outer shell is further internally provided with a sealing assembly configured for sealing the liquid storage cavity, accommodating and holding the atomizing assembly ([0027]-[0040], Figs. 2-4; Shell 11 (outer shell) is further internally provided with lid 13, first sealing member 15, and second sealing member 17 which cooperate to define a sealing assembly for sealing the liquid cavity 111 (liquid storage cavity). The sealing assembly, specifically lid 13 and first sealing member 15, accommodates and holds heating assembly 12 (atomizing assembly)),
wherein the communication opening is defined on the sealing assembly ([0030], Figs. 2-4; Air guiding channel 16 (communication opening) is defined on the sealing assembly between first sealing member 15 and heating assembly 12).
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2020/0085108 A1) in view of Qiu-044 (US 2021/0401044 A1) and Lomas (WO 2020/200654 A1) as applied to Claim 11, and further in view of Qiu-172 (US 2018/0064172 A1)
Regarding Claim 12, Li in view of Qiu-144 and Lomas does not teach the atomizer wherein the shielding part comprises a liquid blocking slope, which is arranged on the side wall of the atomizing cavity obliquely, and the atomizing cavity further defines therein a liquid conveying channel configured for connecting the liquid blocking slope and the collection cavity.
Qiu-172 directed to atomizers ([0005]), teaches an atomizer for electronic cigarette (abstract, [0051]-[0053], [0084], Figs. 2-3; Atomizer 200 is used in an aerosol generating device, such as an electronic cigarette), comprising
an outer shell ([0051]-[0052], Fig. 3; Atomizer 200 comprises bottom cover 110),
wherein the outer shell is internally provided with a cavity ([0051]-[0053], [0056], [0074], Figs. 3-4, 10-11; A cavity is formed in the space between bottom cover 110 and base 137. The cavity houses collecting device 210),
wherein a side wall of the cavity is provided with a shielding part ([0051]-[0053], [0056], [0074], Figs. 3, 10-11; The cavity is formed in the space between bottom cover 110 and base 137. The cavity houses collecting device 210, which extends from a side wall of the cavity. Collecting device 210 reads on the shielding part because collecting device 210 acts as a shield to prevent condensed aerosol from leaking from atomizer 200),
wherein the cavity further defines therein a collection cavity configured for collecting a condensed liquid formed by aerosol condensation ([0051]-[0053], [0056], [0074], Figs. 3, 10-11; The cavity is formed in the space between bottom cover 110 and base 137. The cavity houses collecting device 210, which includes collecting slot 217 (collection cavity) configured for collecting a condensed liquid formed by aerosol condensation),
wherein the shielding part comprises a liquid blocking slope ([0074]-[0075], Figs. 3, 10-11; Collecting device 210 (shielding part) includes stagnating portion 213 which is a sloped structure which blocks and directs the flow of condensed liquid),
which is arranged on the side wall of the cavity obliquely ([0051]-[0053], [0056], [0074]-[0075], Figs. 3, 10-11; The cavity is formed in the space between bottom cover 110 and base 137. Stagnating portion 213 is arranged on the side wall of the cavity obliquely), and
the cavity further defines therein a liquid conveying channel configured for connecting the liquid blocking slope and the collection cavity ([0051]-[0053], [0056], [0074]-[0075], Figs. 3, 10-11; The cavity is formed in the space between bottom cover 110 and base 137. Collecting device 210 (shielding part) is retained in the cavity. Collecting device 210 further comprises engaging hole 211, which forms a liquid conveying channel connecting stagnating portion 213 (liquid blocking slope) and collecting slot 217 (collection cavity).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the shielding part of the atomizer taught by Li in view of Qiu-144 and Lomas with a liquid blocking slope arranged on the side wall of the atomizing cavity extending obliquely in a direction away from the air inlet (i.e. into the atomizing cavity), such that the space in the atomizing cavity between the liquid blocking slope and the collection cavity defines therein a liquid conveying channel configured for connecting the liquid blocking slope and the collection cavity similar to the configuration taught by Qiu-172 because Li, Qiu-044, and Qiu-172 are directed to atomizers, Qiu-172 demonstrates that the liquid blocking slope, liquid conveying channel, and collection cavity cooperate to prevent the leakage of condensed aerosol or other liquid from the atomizer (Qiu-172, [0074]-[0075]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 13, Li in view of Qiu-044 and Qiu-172 teaches the atomizer for electronic cigarette according to claim 12. Qiu-172 wherein the liquid blocking slope is arranged on the side wall of the atomizing cavity obliquely in a direction away from the air inlet (Qiu-172, [0074]-[0075], Figs. 3, 10-11; The atomizing cavity taught by Li has been modified in Claim 12 to include stagnating portion 213 (liquid blocking slope) extending obliquely in a direction away from the air inlet (i.e. into the atomizing cavity)).
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2020/0085108 A1) in view of Qiu-044 (US 2021/0401044 A1) and Lomas (WO 2020/200654 A1) as applied to Claim 10, in view of Buchberger (US 2021/0084983 A1).
Regarding Claim 14, Li in view of Qiu-144 and Lomas does not teach the atomizer wherein the shielding part further comprises an air guide slope, which is configured for guiding an airflow entering from the air inlet to flow towards the atomizing surface.
Buchberger, directed to atomizers ([0002]), teaches an atomizer for an electronic cigarette ([0002]-[0003], [0013]-[0015], [0052], Figs. 1-6; Atomizer 160 for electronic cigarette 10) comprising:
an atomizing surface ([0053], [0060], Figs. 3-6; Atomizer 160 includes heating element 103 having at least one surface at which a source liquid is vaporized. The formed vapor condenses to form aerosol droplets. The at least one surface is therefore an atomizing surface); and
a plenum chamber ([0078], Fig. 13; Atomizer 160 includes plenum chamber 122),
wherein the plenum chamber comprises an air inlet ([0078], Fig. 13; Plenum chamber 122 has an open end at its left side through which air enters atomizer 160)
and an air guide slope ([0078], Fig. 13; Plenum chamber 122 is partially defined by sloped wall 134, which guides air through aperture 134 toward heating element 103),
which is configured for guiding an airflow entering from an air inlet to flow towards the atomizing surface ([0078], Fig. 13; Sloped wall 134 is configured for guiding an airflow entering the air inlet (at the left side of plenum chamber 122) through aperture 134 toward heating element 103).
It would have been obvious to one of ordinary skill in the art to provide the shielding part taught by Li in view of Qiu-144 and Lomas with an air guide slope configured for guiding an airflow entering from the air inlet to flow towards the atomizing surface as taught by Buchberger because Li, Qiu-044, and Buchberger are directed to atomizers, Buchberger demonstrates that the sloping of the air guide slope provides some aerodynamicism and generates a smoother airflow to ensure that the air flows along a desired path (Buchberger, [0077]-[0078], Fig. 13), and this involves combining prior art elements according to known methods to yield predictable results. As Li has been modified in view of Qiu-144 to include the shielding part as taught by Qiu-044, the air guide slope can be configured to extend downward from the shielding part into the air inlet (Qiu-044, [0165], Figs. 7-8; The air guide slope can be configured to extend down from portion of bottom base 15 directly above communication groove 155 (shielding part) partially into communication groove 155 (air inlet)) to generate smoother airflow.
Regarding Claim 15, Li in view of Qiu-044, Lomas, and Buchberger teaches the atomizer for electronic cigarette according to claim 14. Li further teaches the atomizer wherein the air inlet faces the heating body ([0027]-[0036], [0041], Fig. 2-4; Base 14 may include a bottom wall 141 and two side walls 142 connecting with the bottom wall 141, and arranged oppositely and spaced apart from each other. Air entering hole 14a (air inlet) may be defined on at least one of the two side walls 142. If air entering hole 14a (air inlet) is defined on at least one of the two side walls 142, then the air entering hole 14a (air inlet) faces heating member 122 (heating body) on the bottom face 121b (atomizing surface)),
but does not teach the atomizer wherein the atomizing cavity is internally provided with a baffle, one end of the baffle close to the atomizing surface and the air guide slope are spaced apart to provide for air entering the air inlet to flow between the baffle and the shielding part.
Qiu-044, directed to atomizers ([0002]-[0004], [0156]-[0157], Figs. 4, 7-8; Cartridge 10 houses an atomizing device, and is therefore an atomizer), teaches an atomizer for an electronic cigarette ([0156]-[0157], Figs. 1-2, 4, 7-8; Cartridge 10 (atomizer). Cartridge 10 and battery device 20 form an electronic cigarette), comprising
an outer shell having an opening end ([0157], Figs. 4, 7-8; Cartridge housing 16 and suction nozzle 13 form the outer shell of cartridge 10. Cartridge housing 16 which has an opening end on its lower surface), and
an end cover arranged on the opening end ([0157], Figs. 4, 7-8; Bottom base 15 is arranged to cover the lower surface of cartridge housing 16),
wherein the outer shell is internally provided with a liquid storage cavity configured for storing liquid ([0158], Figs. 7-8; The inner cavity of the cartridge casing 16 (outer shell) forms a liquid storage cavity 19 for storing an e-liquid) and
an atomizing assembly configured for atomizing the liquid ([0157]-[0158], [0162], Figs. 7-8, 11; Liquid suction member 17 and heating member 21 for an assembly for atomizing the liquid in liquid storage cavity 19. Heating member 21 is a component of battery device 20, however heating member 21 is provided in the internal cavity of cartridge casing 16 (outer shell) to directly contact liquid suction member 17);
the atomizing assembly comprises a porous body configured for absorbing the liquid from the liquid storage cavity ([0157]-[0159], [0161]-[0162], Figs. 4, 7-8, 11; Liquid suction member 17 may comprises porous ceramic or porous graphite, and absorbs the liquid from liquid storage cavity 19), and
a heating body configured for heating and atomizing the liquid absorbed by the porous body to generate an aerosol ([0162], Figs. 7-8, 11; Heating member 21 heats an atomizes the liquid absorbed by liquid suction member 17 to generate smoke, which is an aerosol);
the porous body comprises a first side part and a second side part arranged opposite to each other ([0157]-[0158], Figs. 4, 7-8; Liquid suction member 17 has a first side part at its front surface, and a second side part at its back surface, where in the first and second side part are arranged opposite to each other. See Fig 4., which shows liquid suction member 17 having the shape of a rectangular prism having a front and a back surface) and
an atomizing surface extending from the first side part to the second side part ([0157]-[0158], [0162], Figs. 7-8, 11; Heating member 21 contacts the lower surface of liquid suction member 17, which extends from the first side part (front surface) to the second side part (back surface). The lower surface of liquid suction member 17 is the atomizing surface), and
the heating body is arranged on the atomizing surface ([0157]-[0158], [0162], Figs. 7-8, 11; Heating member 21 contacts the lower surface of liquid suction member 17),
wherein the atomizing surface and the end cover are spaced apart a certain distance to form an atomizing cavity configured for accommodating the generated aerosol ([0157]-[0162], Figs. 4, 7-8; The lower surface of liquid suction member 17 (atomizing surface) and bottom base 15 are spaced apart a certain distance to form atomizing cavity 151 configured for accommodating the generated aerosol),
wherein a side wall of the atomizing cavity close to the air inlet is provided with a shielding part ([0157]-[0165], Figs. 7-8; The portion of bottom base 15 which is directly above communication groove 155, along with the portion of the left wall of atomizing cavity 151 which comprises air passage hole 1561 form the shielding part. The shielding part defines the left wall of atomizing cavity 151),
wherein the atomizing cavity is internally provided with a baffle ([0165], Figs. 7-8; The portion of bottom base 15 to the right of air inlet opening 152 and partition plate 156 behaves as a baffle because it forms a barrier to the flow of fluids between the air inlet opening 152 and atomizing cavity 151),
one end of the baffle close to the atomizing surface and the air guide slope are spaced apart to provide for air entering the air inlet to flow between the baffle and the shielding part ([0164]-[0165], Figs. 7-8; The top end of the baffle (as defined above) close to the lower surface of liquid suction member 17 and the air guide slope (located at the top of the communication groove 155 as described in Claim 14) are spaced apart to provide for air entering the air inlet to flow between the baffle (as defined above) and the communication groove 155 (shielding part)), and
the air inlet faces the heating body ([0157]-[0158], [0165], Figs. 7-8; Communication groove 155 (air inlet) faces heating member 21 (heating body)).
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It would have been obvious to one of ordinary skill in the art before the effective filing date to provide the atomizer taught by Li in view of Qiu-044, Lomas, and Buchberger wherein the atomizing cavity is internally provided with a baffle, one end of the baffle close to the atomizing surface and the air guide slope are spaced apart to provide for air entering the air inlet to flow between the baffle and the shielding part as taught by Qiu-044 because Li, Qiu-044, and Buchberger are directed to atomizers, Qiu-044 demonstrates that the baffle forms a barrier to the flow of fluids between the air inlet and the atomizing cavity while allowing air to flow between the air inlet and the atomizing cavity (Qiu, [0157]-[0165], Figs. 7-8), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 16, Li in view of Qiu-044, Lomas, and Buchberger teaches the atomizer for electronic cigarette according to claim 15. Li further teaches the atomizer wherein the direction of extension of the heating body on the atomizing surface is parallel to the length direction of the air inlet ([0027]-[0036], [0041], Fig. 2-4; Base 14 may include a bottom wall 141 and two side walls 142 connecting with the bottom wall 141, and arranged oppositely and spaced apart from each other. Air entering hole 14a (air inlet) may be defined on at least one of the two side walls 142. If air entering hole 14a (air inlet) is defined on at least one of the two side walls 142, then the length direction of air entering hole 14a (air inlet) is from left to right. [0034]-[0036], Figs. 2-4; Porous ceramic liquid guiding member 121 (porous body) comprises a bottom face 121b upon which heating member 122 (heating body) is mounted. The direction of extension of the heating member 122 (heating body) on the bottom face 121b (atomizing surface) is from left to right. Therefore, the direction of extension of the heating member 122 (heating body) on the bottom face 121b (atomizing surface) is parallel to the length direction of air entering hole 14a (air inlet)).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/J.M.M./
Examiner, Art Unit 1755/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755