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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/10/2025 has been entered.
Response to Amendments
The Amendment filed 12/10/2025 has been entered. Claims 1-2, 7-8, 11, and 13 were amended, and claims 3-5 were canceled. Thus, claims 1-2 and 6-13 are pending in the application.
Claim Objections
Claim 8 is objected to because of the following informalities: claim 8 recites “the peripheral opening” in lines 2-3, and is suggested to read --the at least one peripheral inlet opening-- in order to more clearly reference how the limitation was originally claimed. Appropriate correction is required.
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 2 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.
Regarding claim 2, the limitation “at least a second outlet airflow opening” in line 2 is confusing, as it is unclear whether this is meant to be a part of or separate from the limitation of “at least one outlet airflow opening” recited in claim 1.
Claim Rejections - 35 USC § 102/103
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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 1-2, 9-10, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. (US 2019/0166905 A1).
Regarding claim 1, Liu discloses an ultrasonic mist inhaler (ultrasonic electronic cigarette) (abstract), the ultrasonic mist inhaler comprising:
a liquid reservoir structure comprising a liquid chamber adapted to receive liquid to be atomized (atomizer outer pipe 11 optionally combined with any combination of the atomizing core inner sleeve 4, atomizing core outer sleeve 5, vent pipe 12, first connecting seat 13, airflow baffle 14, suction nozzle 15, upper end cover 18, air adjusting ring 21, first sealing ring 22, lower sealing ring 24, and/or upper end connecting seat 25; atomizer outer pipe 11 holds the tobacco tar bin 30 with tobacco tar fluid) (Figs. 6-7; para. [0005]; paras. [0051-0052]);
and a sonication chamber in fluid communication with the liquid chamber (chamber of space formed by the first through hole 3, atomizing core inner sleeve 4, and vent pipe 12 in which the tar is atomized; first through hole 3 above atomizing piece 2 gets tobacco tar from the guide cotton 1) (Figs. 6-7; para. [0010]; paras. [0042-0043]; para. [0051]), at least part of the liquid reservoir structure comprising an airflow member for providing air flow from a surrounding area to the sonication chamber upon inhalation (airflow from the surroundings, represented by arrows, enters through the bottom half of suction nozzle 15/air adjusting ring 21/first sealing ring 22 and travels to the atomizing core inner sleeve 4, first though hole 3, and vent pipe 12; as a user inhales to use the device, this can happen during or be caused by user inhalation) (Figs. 6-7; para. [0014]; para. [0051]),
the airflow member comprising an airflow duct (atomizing core outer sleeve 5 and second connecting seat 25 through which air flows) (Figs. 6-7; para. [0043]; paras. [0051-0052]) and an airflow bridge connected to the airflow duct (first connecting seat 13, airflow baffle 14, and suction nozzle 15, optionally excluding the top portion of suction nozzle 15 above the airflow baffle 14, form a structure connected to the atomizing core outer sleeve 5 and second connecting seat 25) (Figs. 6-7; paras. [0051-0052]), the airflow bridge comprising at least one peripheral inlet opening passing therethrough and into the airflow duct (bottom portion of the suction nozzle 15 has an air inlet on its periphery which opens up into the second connecting seat 25) (Figs. 6-7; paras. [0051-0052]), the airflow bridge having at least one outlet airflow opening passing therethrough and positioned outside of the airflow duct (top opening of the suction nozzle 15 or alternatively at least one third through hole 17 from which air flows out, both of which are positioned outside of the atomizing core outer sleeve 5 and second connecting seat 25) (Figs. 6-7; paras. [0051-0052]),
and the airflow duct arranged between the airflow bridge and the sonication chamber (atomizing core outer sleeve 5 and second connecting seat 25 are arranged between the combined first connecting seat 13, airflow baffle 14, and of the suction nozzle 15 structure and the chamber of space formed by the first through hole 3, atomizing core inner sleeve 4, and vent pipe 12) (Figs. 6-7) for providing the airflow from the at least one peripheral inlet opening, through the airflow duct to the sonication chamber and out from the sonication chamber through the at least one outlet airflow opening (air flow is represented by arrows; air flows from the opening in the bottom periphery of the suction nozzle 15, to the atomizing core outer sleeve 5/second connecting seat 25, to the chamber of space formed by the first through hole 3/atomizing core inner sleeve 4/vent pipe 12, to the top opening of the suction nozzle 15/third through hole 17) (Fig. 6; para. [0051]).
Regarding claim 2, as best understood, Liu discloses wherein the airflow bridge comprises at least a second outlet airflow opening forming a portion of an inhalation channel (top opening of the suction nozzle 15 or alternatively another third through hole 17 from which air flows out for inhalation) (Figs. 6-7; para. [0014]; paras. [0051-0052]).
Regarding claim 9, Liu discloses wherein a capillary element is arranged between the liquid chamber and the sonication chamber (tobacco tar guide cotton 1 is arranged between the tobacco tar bin 30 and the chamber formed by the first through hole 3/atomizing core inner sleeve 4/vent pipe 12) (Figs. 1, 6-7; para. [0045]).
Regarding claim 10, Liu discloses wherein an end of the airflow duct extends towards the sonication chamber and is close to or at the capillary element (atomizing core outer sleeve 5 has an end that extends toward the chamber formed by the first through hole 3/atomizing core inner sleeve 4/vent pipe 12, and is at the guide cotton 1) (Figs. 6-7; para. [0051]).
Regarding claim 13, Liu discloses wherein the airflow member is frustoconical (suction nozzle 15 has inner frustoconical shapes in its top portion above the airflow baffle 14) (Figs. 6-7).
Claims 6-8 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Liu as applied to claim 1 above or, in the alternative, under 35 U.S.C. 103 as obvious over Liu in view of Levin et al. (US 2013/0298905 A1).
Regarding claim 6, Liu discloses wherein the ultrasonic mist inhaler comprises a mouthpiece for inhaling a mist (top half of suction nozzle 15 above the airflow baffle 14, or alternatively the whole suction nozzle 15, could be at least partially placed in a user’s mouth when they inhale the atomized tobacco tar smoke, thus functioning as a mouthpiece) (Figs. 6-7; para. [0010]; para. [0014]).
Alternatively, if Liu is not seen as definitively disclosing a mouthpiece for inhaling a mist, Levin teaches a portable vaporization device (Levin; abstract) including a mouthpiece for inhaling a mist (mouthpiece portion 1 to be placed in a user’s mouth during vaporizing use) (Levin; Figs. 2A-3B; para. [0072]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Liu top half of the suction nozzle to include a mouthpiece for inhaling a mist, as taught by Levin, for the purpose of providing the device with a structure contoured for user comfort and which enables a user to use the device hands free (Levin; para. [0072]).
Regarding claim 7, the modified Liu teaches wherein an airflow chamber is arranged between the mouthpiece and the airflow bridge (space in the Liu top portion of the suction nozzle 15 would be between the Levin mouthpiece and the Liu first connecting seat 13, airflow baffle 14, and bottom portion of the suction nozzle 15, all of which allow air flow) (Liu, Figs. 6-7, para. [0051]; Levin, Figs. 2A-3B, para. [0072]).
Regarding claim 8, the modified Liu teaches wherein the mouthpiece comprises at least one peripheral opening aligned with the peripheral opening of the airflow bridge (the top portion of the Liu suction nozzle 15, with or without the mouthpiece modification by Levin, has a top peripheral opening through which air exits and which is aligned with the air inlet opening on the bottom periphery of the suction nozzle 15) (Liu, Figs. 6-7, paras. [0051-0052]; Levin, Figs. 2A-3B, para. [0072]).
Claims 11 rejected under 35 U.S.C. 102(a)(1) as anticipated by Liu as applied to claim 1 above or, in the alternative, under 35 U.S.C. 103 as obvious over Liu in view of the MPEP.
Regarding claim 11, Liu discloses wherein the airflow bridge and the airflow duct are one piece (first connecting seat 13, airflow baffle 14, suction nozzle 15, atomizing core outer sleeve 5, and second connecting seat 25 can be seen as one combined piece) (Figs. 6-7). Alternatively, if Liu is not seen as disclosing the airflow bridge and the airflow duct are one piece, the MPEP 2144.04(V)(B) explains that having a one piece construction instead of a multiple piece construction is merely a matter of obvious design choice.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Liu airflow bridge and airflow duct to be one piece, as taught by the MPEP, as a matter of obvious design choice (MPEP 2144.04(V)(B)).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Liu as applied to claim 1 above, and further in view of Bowen et al. (US 2014/0345631 A1).
Regarding claim 12, Liu discloses the invention as previously claimed, but does not disclose wherein said liquid to be received in the liquid chamber contains a liquid comprising 57-70 % (w/w) vegetable glycerin and 30- 43% (w/w) propylene glycol, the propylene glycol including nicotine and flavorings.
However, Bowen teaches an electronic cigarette (Bowen; abstract) wherein said liquid to be received in the liquid chamber contains a liquid comprising 57-70 % (w/w) vegetable glycerin and 30- 43% (w/w) propylene glycol, the propylene glycol including nicotine and flavorings (suitable solution can be 3:7 ratio by weight of propylene glycol to vegetable glycerin; nicotine, nicotine salt, and/or flavorants can be added to provide flavor) (Bowen; para. [0127]; paras. [0131-0132]; para. [0137]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Liu liquid to comprise 57-70 % (w/w) vegetable glycerin and 30- 43% (w/w) propylene glycol, the propylene glycol including nicotine and flavorings, as taught by Bowen, for the purpose of providing the device with a specific biologically acceptable carrier or liquid solvent for nicotine salts (Bowen; para. [0002]; para. [0121]).
Response to Arguments
Applicant's arguments filed 12/10/2025 have been fully considered but they are not persuasive.
On pages 5-6 in section I of the Applicant’s remarks, the Applicant argues that the current prior art does not teach the newly added limitations of independent claim 1. However, the Examiner respectfully disagrees. The Liu reference is still able to disclose the Applicant’s invention as currently claimed, including the newly added claim limitations, as explained in detail in the 35 U.S.C. 102(a)(1) rejection of claim 1 above. Thus, the current prior art of record is still able to teach the Applicant’s invention as currently claimed.
Conclusion
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/JACQUELINE M PINDERSKI/Examiner, Art Unit 3785
/RACHEL T SIPPEL/Primary Examiner, Art Unit 3785