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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 22 October, 2025 has been entered.
Response to Amendment
The amendment filed 22 October, 2025 have been entered. Claims 1-20 remain pending in the application. In response to the applicant’s arguments and amendments, a more detailed action is provided
Response to Arguments
Applicant’s arguments file 22 October, 2025 have been fully considered, but they are not fully persuasive. Regarding the applicant’s arguments that:
The Amendments to the claims overcome the originally set forth rejections on the basis that the “input passage, the atomizing chamber, and the output passage are communicated in that order”
The examiner agrees that the particular claimed order is not shown in the originally set forth art. As a result of the amendment, a revised rejection is provided in this action.
The Amendments overcome previously set forth rejections as “the space of Dai is formed…in a longitudinal rather than a traverse direction”
The examiner respectfully disagrees with this assertion. From the annotated figure provided in the previous correspondence, the space is shown to extend in a longitudinal as well as a traverse direction and exist in the configuration claimed.
“The alleged input passage cannot introduce air outside the atomizer into the aerosol transfer passage”
The examiner respectfully disagrees. The input passage introduced air into the aerosol transfer passage according to the purpose of the invention shown in Dai which further teaches that the air outside the Atomizer is capable of entering the atomizing chamber via the input passage and the mixture of aerosol and air is capable of exiting via the output passage in order to be inhaled by the user.
“It is improper to allege the air pipe 104 of Dai as both the aerosol transfer passage and the airflow sensing passage”
The examiner would agree with this assertion were it the case. However, the annotated figure 1 of Dai set forth in previous correspondence shows distinctly labeled Aerosol transfer passage and Airflow Sensing Passage.
Liu fails to disclose all of the limitations of the Amended Claim 16:
In the previous correspondence, Liu is used as a modifying reference with Dai in order to teach all of the limitations of the claim. Together, they teach the limitations of the claim which is appropriate for an obviousness type rejection.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure. A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
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.
Claims 1-11 and 15 are rejected under 35 U.S.C. 102(a)(1) as being obvious over by Dai (US Patent Application Publication No. US 10,021,917 B2):
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Regarding Claim 1: Dai teaches an atomizer (Figure 1 Element 200), comprising an atomizing assembly ( Figure 1 Element A) configured to generate aerosol (The prior art further teaches that the invention is configured to “form aerosol” Col 2 Line 14), a liquid storage cavity (Figure 1 “liquid storage cavity”)communicated with the atomizing assembly (Figure 1 further shows that the liquid storage cavity communicated with the atomizing assembly), and an aerosol transfer passage (Figure 1 “Aerosol Transfer Passage”) communicated with the atomizing assembly (Figure 1 further shows that the aerosol transfer passage is communicated with the atomizing assembly; the aerosol transfer passage comprising an input passage (Figure 1 “input passage”) for introducing air outside the atomizer into the aerosol transfer passage (Figure 1 further shows that the “input passage” works to introduce air from the atomizer into the aerosol transfer passage), an atomizing chamber (Figure 1 “atomizing chamber”) communicated with the input passage (Figure 1 further shows that the “atomizing chamber” is communicated with the input passage), and an output passage (Figure 1 “Output passage”) communicated with the atomizing chamber for outputting mixture of the aerosol and the air (Figure 1 further shows that the “Output passage” is communicated with the atomizing chamber for outputting mixture of the aerosol and the air); the atomizing chamber being disposed corresponding to the atomizing assembly (Figure 1 further shows that atomizing chamber being disposed corresponding to the atomizing assembly); wherein the input passage, the atomizing chamber and the output passage are communicated such that the air outside the atomizer is capable of entering into the atomizing chamber via the input passage and the mixture of the aerosol and the air is capable of exiting the atomizing chamber via the output passage (the prior art further teaches that the air outside the Atomizer is capable of entering the atomizing chamber and the mixture of aerosol and air is capable of exiting via the output passage in order to be inhaled by the user); and the atomizer further comprises an airflow sensing passage (Figure 1 “airflow sensing passage”) allowing an airflow sensor to sense an airflow change of the electronic atomizing device (the prior art teaches an air flow sensing passage shown in figure 1 that would allow an airflow sensor to sense an airflow change of the device), the airflow sensing passage comprising an outlet end, the output passage has a cross area greater than that of the outlet end (Figure 1 “Outlet End”), and the outlet end of the airflow sensing passage (Figure 1 “First Airflow Sensing Passage”) extends into the output passage in a longitudinal direction with a space (Figure 1 “Space between outlet end and output passage” shows the space in a traverse and longitudinal directions) formed between an inner surface of the output passage and an outer surface of the outlet end of the airflow sensing passage in a transverse direction which is perpendicular to the longitudinal direction (Figure 1 further shows the transverse direction is perpendicular to the longitudinal direction), the space allowing the mixture of the aerosol and the air to pass therethrough (Figure 1 further shows that the space allows the mixture of aerosol and the air to pass therethrough in order to be inhaled by the user.).
Dai does not teach that the input passage, the atomizing chamber and the output passage are communicated in that order
However, it would be obvious to one of ordinary skill in the art at the time of invention of Dai such that the input passage, the atomizing chamber and the output passage are communicated in that order as it has been held that rearrangement of parts requires only routine skill in the art In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) MPEP 2144.04 VI C
Regarding Claim 2: Dai further teaches that the outlet end (Figure 1 “Outlet End”) of the airflow sensing passage (Figure 1 “First Airflow Sensing Passage”) is suspended in the output passage (Figure 1 “Output Passage”) along the longitudinal direction and the space (Figure 1 “Space between outlet end and output passage”) is overlapped with the outlet end of the airflow sensing passage in the longitudinal direction (The prior art shows that space is suspended in the output passage along the longitudinal direction. Suspended is interpreted as positioned in the aforementioned location and direction Col 2 Lines 10-24 Figure 1” Outlet End”)
Regarding Claim 3: Dai further teaches that output passage (Figure 1 “Output Passage”) is longitudinally disposed above the atomizing chamber (Figure 1 “Atomizing Chamber” shows that the output passage is longitudinally disposed above the Atomizing Chamber), and the first airflow sensing passage (Figure 1 “First Airflow Sensing Passage” Col 2 Lines 10-24) extends into the output passage by extending through the atomizing chamber upwardly (Figure 1 further shows that the first airflow passage by extending through the atomizing chamber upwardly).
Regarding Claim 4: Dai further teaches that the atomizing assembly ( Figure 1 Element A) comprises a liquid absorbing member (The prior art further teaches that device has a Figure 1 “Liquid Absorbing Member” that is configured for absorbing the…liquid” Col 3) located between the atomizing chamber and the output passage (Figure 1 further shows that the liquid absorbing member is located between the atomizing chamber and the output passage), and the first airflow sensing passage (Figure 1 “ Airflow sensing passage”) further extends through the liquid absorbing member upwardly (Figure 1 further shows that the airflow sensing passage extends upwardly through the liquid absorbing member).
Regarding Claim 5: Dai further teaches that the first airflow sensing passage comprises a sensing pipe (Figure 1 “sensing pipe”), and the sensing pipe extends into the output passage (Figure 1 “Output Passage”) by extending through the atomizing chamber and the liquid absorbing member upwardly in sequence (This relationship is shown in Figure 1; and the space (Figure 1 “Space”) is formed between an outer circumferential surface of the sensing pipe and an inner circumferential surface of the output passage (Figure 1 further shows that formed between an outer circumferential surface of the sensing pipe and an inner circumferential surface of the output passage).
Regarding Claims 6: Dai further teaches that the atomizer further comprises a base (Figure 1 Element 205), and the base comprises a tubular first electrode post disposed longitudinally (Col 3 Lines 1-10 Figure 1) and the sensing pipe (Figure 1 “Sensing Pipe”) is disposed at an upper end of the first electrode post and is communicated with the first electrode post so as to define the first airflow sensing passage (Col 3 Lines 1-10 Figure 1 All Elements).
Regarding Claims 7: Dai further teaches that the output passage comprises an outlet passage ( Figure 1 “Outlet Passage); the atomizer further comprises an inner tube disposed above the atomizing chamber (Figure 1 “Atomizing Chamber”), the outlet passage is defined by an inner wall surface of the inner tube (Figure 2 Elements 2031 & 2032 Col 3 Lines 1-10), and an upper end of the sensing pipe extends into the outlet passage (Figure 2 Elements 2031 & 2032 Col 3 Lines 1-10); and a lower end of the outlet passage is communicated with an outlet of the atomizing chamber (Figure 2 Elements 2031 & 2032 Col 3 Lines 1-10).
Regarding Claim 8: Dai further teaches that the input passage comprises an air inlet passage (Figure 1 “Air input passage”); the atomizer further comprises an outer tube (Figure 2 Element 2031), the outer tube is sleeved on an outer periphery of the inner tube (Col 3 Figure 2 Element 2031), and the air inlet passage is defined between an inner wall surface of the outer tube and an outer wall surface of the inner tube (Col 3 Figure 2 Element 2031); and a lower end of the air inlet passage is communicated with an inlet of the atomizing chamber (Col 3 figure 2 Element 2031).
Regarding Claim 9: Dai further teaches that the atomizer further comprises a tubular housing (Figure 2 Element 2031), the housing is sleeved on an outer periphery of the outer tube (Col 3 Line figure 2 Element 2031), and the liquid storage cavity is defined between an inner wall surface of the housing and an outer wall surface of the outer tube (Figure 1 element 102).
Regarding Claim 10: Dai further teaches that the atomizer comprises a suction nozzle (Figure 1 Element 103) sealed on an upper end opening of the liquid storage cavity (Col 3-4 Lines 49-67,1-5 Figure 1 Element 103), and the suction nozzle comprises an air inlet hole (Figure 1 Element 103) communicated with the air inlet passage (Figure 1 Element 103) and an outlet hole communicated with the outlet passage (Col 3-4 Lines 49-67,1-5 Figure 1 Element 103).
Regarding Claim 11: Dai further teaches that the suction nozzle (Figure 1 “Suction Nozzle”) is detachably disposed in the upper end opening of the liquid storage cavity (The prior art teaches that the suction nozzle can be removed Col 3 Lines 65-67 Figure 1 Element 103).
Regarding Claim 15: Dai further teaches that the outer tube comprises a first tube portion sleeved on the atomizing assembly (Figure 2 Element 2031-), an outer diameter of the first tube portion is matched with an inner diameter of the housing (Col 3 Figure 2 Element 2031), and an opening for communicating the atomizing assembly with the liquid storage cavity is defined in a top wall of the first tube portion (Col 3 Figure 2 Element 2031).
Claims 12 -14 are rejected under 35 U.S.C. 103 as being obvious over Dai (US Patent Application Publication No. US 10,021,917 B2in view of Chen (US PG Pub No. 2017/0303596 A1)
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Regarding Claim 12: Dai does not teach an atomizing seat and a ventilation groove with the features and characteristics as claimed.
However, Chen teaches that the atomizer comprises an atomizing seat for carrying the atomizing assembly (“Housing…with an abutment portion” Col 2 [0027] Figure 3 Element 120), and the atomizing seat comprises a body portion and at least one extending portion connected to an upper end of the body portion; a top surface of the body portion is recessed downward to define the atomizing chamber (Figure 7 Element 300 & 320), at least one first ventilation groove is defined in inner wall surfaces of the at least one extending portion and the atomizing chamber, and the at least one first ventilation groove extends from an upper end surface of the at least one extending portion to a bottom surface of the atomizing chamber so as to communicate the air inlet passage with the atomizing chamber ([0034] Figure 6 Element 3242).
Therefore, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the invention as taught by Dai (See 102 Rejection) to include the limitations as taught by Chen “to prevent [the] airflow passage from blocking, thus ensuring smooth airflow and increasing stability “[0057].
Regarding Claim 13: Dai does not teach that the ventilation grooves are communicated with the air inlet passage and that the lower end of the inner tube is tightly inserted in the mounting hole.
However, Chen teaches an atomizer, wherein the atomizer comprises a mounting seat arranged disposed above the atomizing assembly, and the mounting seat comprises a base portion, a mounting portion disposed on a top portion of the base portion (Col 2 [0027] Figure 3 Element 120), and a mounting hole longitudinally extending through the base portion and the mounting portion (Figure 3 ); the base portion comprises at least one end portion (Col 2 [0027] Figure 3 Element 120), and the at least one end portion comprises at least one ventilation hole extending therethrough longitudinally (Col 2 [0027] Figure 3 Element 120), and the at least one ventilation hole is communicated with the at least one first ventilation groove (Col 2 [0027] Figure 3 Element 120); an outer wall surface of the mounting portion is provided with at least one second ventilation groove (Col 2 [0027] Figure 3 Element 120), and the at least one second ventilation groove extends from an upper end surface of the mounting portion to the base portion (Col 2 [0027] Figure 3 Element 120); a top surface of the at least one end portion is recessed downward to define at least one third ventilation groove (Col 2 [0027] Figure 3 Element 120), and the at least one second ventilation groove is communicated with the ventilation hole through the third ventilation groove, and an upper end of the at least two second ventilation grooves is communicated with the air inlet passage (Col 2 [0027] Figure 3 Element 120); and a lower end of the inner tube is tightly inserted in the mounting hole ([0034] Figure 6 Element 3242).
Given that the limitations of Claim 13 are disclosed in the prior art, it would have been obvious before the effective date of the claimed invention to one of ordinary skill in the art to modify the invention as taught by Dai (See 102 Rejection) to include the limitations as taught by Chen for the purpose of streamlining the ventilation and assembly of the invention.
Regarding Claim 14: Dai further teaches that the atomizer wherein the outer tube comprises a second tube portion sleeved on the mounting seat (Col 3 Figure 2 Element 2031), and an inner diameter of the second tube portion is matched with an outer diameter of the mounting portion of the mounting seat (Col 3 Figure 2 Element 2031). All of the limitations of claim 14 are taught by Dai.
Claims 16-20 are rejected under 35 U.S.C. 103 as being obvious over Dai (US Patent Application Publication No. US 10,021,917 B2) in view of Liu (US Patent Application Publication No. 2016/0044964 A1):
Regarding Claim 16: Dai further teaches an electronic atomizing device (“An atomizing device” (Figure 1 All Elements)), comprising an atomizer (Figure 1 Element 200); the atomizer comprising an atomizing assembly configured to generate aerosol (The prior art further teaches that the invention is configured to “form aerosol” Col 2 Line 14)), a liquid storage cavity (Figure 1 “liquid storage cavity”)communicated with the atomizing assembly (Figure 1 further shows that the aerosol transfer passage is communicated with the atomizing assembly); the aerosol transfer passage comprising an input passage (Figure 1 “input passage”), and an aerosol transfer passage communicated with the atomizing assembly (Figure 1 further shows that the aerosol transfer passage is communicated with the atomizing assembly); the aerosol transfer passage comprising an input passage (Figure 1 “input passage”) for introducing air outside the electronic atomizing device into the aerosol transfer passage (Figure 1 further shows that the “input passage” works to introduce air from the atomizer into the aerosol transfer passage),, an atomizing chamber (Figure 1 “atomizing chamber”) communicated with the input passage e (Figure 1 further shows that the “atomizing chamber” is communicated with the input passage), and an output passage (Figure 1 “Output passage”) communicated with the atomizing chamber such that mixture of the aerosol and the air is capable of exiting the atomizing chamber via the output passage (Figure 1 further shows that the “Output passage” is communicated with the atomizing chamber for outputting mixture of the aerosol and the air); the atomizing chamber being disposed corresponding to the atomizing assembly (Figure 1 further shows that atomizing chamber being disposed corresponding to the atomizing assembly); wherein the atomizer further comprises a first airflow sensing passage (Figure 1 “Airflow sensing passage”) comprising an outlet end (Figure 1 “Outlet end) and the outlet end extends into the output passage longitudinally (shown in Figure 1) an outer surface of the outlet end (Figure 1 “Outer Surface of the Outlet End”) being transversely spaced from an inner surface of the output passage to thereby form a space (Figure 1 “Space between outlet end and output passage”) therebetween, the space being overlapped with the outlet end longitudinally (Shown in Figure 1)
Dai does not teach that the electronic device further comprises an airflow sensor disposed in a receiving cavity or that the electronic atomizing device further comprises a second airflow sensing passage configured to supply air to the first airflow sensing passage via a path different from the input passage
However, Liu does teach a similar atomizing device with an airflow sensor [0159] disposed in a receiving cavity and that the electronic atomizing device further comprises a second airflow sensing passage ( the prior art teaches “through hole” [0027] which serves as a second airflow sensing passage) configured to supply air to the first airflow sensing passage via a path different from the input passage (the prior art further teaches that the through hole enables the supply air to go to the first airflow sensing passage via a path different from the input passage [0027])
Therefore, it would be obvious to one of ordinary skill in the art at the time of invention to modify the invention of Dai with the airflow sensor taught by Liu in order to “generate a trigger signal in a case that the user smoke through the suction nozzle [0159]” as well as add a second sensing passage in order to better “allow airflow …into the smoke passage” [0027].
Regarding Claim 17: Dai further teaches that the output passage is longitudinally disposed above the atomizing chamber (This relationship is shown in Figure 1) ; the atomizing assembly comprises a liquid absorbing member (Figure 1 element 102), located between the atomizing chamber and the output passage (“Liquid Conducting Body…configured for absorbing the…liquid” Col 3 Figure 1 element 102), the first airflow sensing passage comprises a sensing pipe (Figure 1 “sensing pipe), and the sensing pipe extends into the output passage by extending through the atomizing chamber and the liquid absorbing member upwardly in sequence (Figure 1 further shows that the sensing pipe extends into the output passages and the liquid absorbing member upwardly in sequence).
Regarding Claims 18: Dai further teaches that the atomizer further comprises a base (Figure 1 Element 205), and the base comprises a tubular first electrode post disposed longitudinally (Col 3 Lines 1-10 Figure 1) and the sensing pipe is disposed at an upper end of the first electrode post and is communicated with the first electrode post so as to define the first airflow sensing passage (Col 3 Lines 1-10 Figure 1 All Elements). All of the limitations of Claim 18 are taught by Dai.
Regarding Claim 19: Dai further teaches that the output passage comprises an outlet passage ( Col 2 Lines 10-24 Figure 1 “Outlet Passage”); the atomizer further comprises an inner tube disposed above the atomizing chamber (Figure 2 Elements 2031 & 2032 Col 3 Lines 1-10), the outlet passage is defined by an inner wall surface of the inner tube (Figure 2 Elements 2031 & 2032 Col 3 Lines 1-10), and an upper end of the sensing pipe extends into the outlet passage (Figure 2 Elements 2031 & 2032 Col 3 Lines 1-10); and a lower end of the outlet passage is communicated with an outlet of the atomizing chamber (Figure 2 Elements 2031 & 2032 Col 3 Lines 1-10). All of the limitations of Claim 19 are taught by Dai.
Regarding Claim 20: Dai further teaches that the input passage comprises an air inlet passage ( “air pipe” Col 2 Line 22 Figure 1 Element 104); the atomizer further comprises an outer tube (Figure 2 Element 2031) and a tubular housing (Figure 2 Element 2031), the outer tube is sleeved on an outer periphery of the inner tube (Figure 2 Element 2031), and the air inlet passage is defined between an inner wall surface of the outer tube and an outer wall surface of the inner tube (Col 3 Line figure 2 Element 2031); and a lower end of the air inlet passage is communicated with an inlet of the atomizing chamber (Col 3 Line figure 2 Element 2031); the housing is sleeved on an outer periphery of the outer tube (Col 3 Line figure 2 Element 2031), and the liquid storage cavity is defined between an inner wall surface of the housing and an outer wall surface of the outer tube (Figure 1 element 102). All of the limitations of Claim 20 are taught by Dai.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SOLAN OLIVA whose telephone number is (571-)272-2518. The examiner can normally be reached Monday-Thursday 7:00-3:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571) 270-8241. The fax phone number for the organization where this application or proceeding is assigned is 571-270-5569.
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/SOLAN OLIVA/Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761