DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This office action is in response to Applicants’ arguments/remarks filed 12/10/2025.
Claims 1-17 are currently examined.
Claim 1 is amended, Claim 17 is new, no claims are canceled.
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.
Claim(s) 1-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pifa (WO2020030792A1) submitted by Applicant in IDS filed 9/9/2022 in view of Liu (US20170042229A1).
Regarding Claim 1, Pifa teaches a capsule for an electronic cigarette, the capsule having
a first end (connection portion 21, see page 7 lines 15-16) configured to engage with an electronic cigarette device (magnetically connect is engagement, page 7 line 17) and
a second end arranged as a mouthpiece portion having a vapour outlet (see mouthpiece 20, and FIG 3a/3b, page 7 lines 11-15),
the first end comprising an air inlet (e.g., connection portion 21 includes an air inlet 35, see also FIG 2a)
the capsule further comprising:
a capsule housing (18, see FIG 3) defining a liquid store (liquid store 32) configured to contain a liquid to be vaporized (the liquid store 32 is configured to contain a liquid to be vaporized, page 8 line 11);
a vaporizer housing (40) arranged to house a heating element (see FIG 3a) and
a fluid transfer element (fluid transfer element 38, see FIG 4 and abstract), wherein
the fluid transfer element is arranged to deliver liquid from the liquid store to the heating element (the fluid transfer element 38 has a liquid uptake portion 39a located inside the liquid store 32 and delivers liquid from the liquid store to the heating element, see page 9 lines 1-3, and also abstract),
the heating element being configured to vaporize the received liquid and generate a vapor (page 11 lines 14-18);
the vaporizer housing is surrounded by the capsule housing (the vaporizer housing is surrounded by the capsule housing, see FIG 3a),
wherein
the vaporizer housing (40) comprises an upper rim (42a, see FIG 4), a lower rim (42b see FIG 4) and a sidewall (sidewall of 40) extending between the upper rim and the lower rim (see FIG 4)
a main vapor flow channel (main vapor channel 24, page 8 lines 1-9, and FIG 3a) extending between the vaporizer housing and the mouthpiece portion to allow the generated vapor to flow from the vaporizer housing to the mouthpiece portion (the vapor can flow from the vaporization chamber 30 to the vapor outlet, the outlet would be the mouthpiece portion, see page 5 line 7);
an airflow passageway (air inlet 35, the tubular pathway is the airflow passageway) extending between the air inlet of the first end and the vaporizer housing, (air that comes in through the air inlet passes through the first end of the vaporizer housing); wherein
Pifa fails to teach the vaporizer housing comprises at least one aperture and the at least one aperture forming part of the airflow passageway within a sidewall of the vaporizer housing.
However, Liu teaches a similar vaporizer with a storage of liquid to be vaporized and teaches the vaporizer housing comprises at least one aperture (36, see [0070]) forming part of the airflow passageway within the sidewall of the vaporizer housing. Liu teaches this liquid vaporizer configuration with a sidewall aperture allows airflow to enter the vaporization chamber and bring generated smoke through the airflow passageway and to the suction nozzle which allows the smoke which is atomized to not go through the oil storage which effectively prevents the smoke passage from being blocked by cigarette oil condensation [0070].
Therefore, it would be obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify the vaporization chamber sidewall of Pifa with the aperture configuration of Liu in order to allow airflow to enter the vaporization chamber and bring generated smoke through the airflow passageway and to the suction nozzle which allows the smoke which is atomized to not go through the oil storage which effectively prevents the smoke passage from being blocked by cigarette oil condensation.
Regarding Claim 2, modified Pifa teaches the claim limitations as set forth above. Additionally, Pifa teaches a first seal (first seal 50) comprising a pair of shoulder portions (e.g., tabs 52), page 9 lines 16-19, see FIG 4).
Regarding Claim 3, modified Pifa teaches the claim limitations as set forth above. Additionally, Pifa teaches the vaporizer housing comprises a pair of cutouts (see FIG 4, pair of cutouts 48, see also page 9 line 11).
Regarding Claim 4, modified Pifa teaches the claim limitations as set forth above. Additionally, Pifa teaches the pair of shoulder portions (e.g., tabs 52, see also claim 2, page 9 lines 16-19) and the pair of cutouts (cutouts 48) are configured to cooperate with each other such that the fluid transfer element is held between the pair of shoulder portions and the pair of cutouts (the fluid transfer element 38 is compressed between the radially extending tabs 52 and cutouts 48 as disclosed in Pifa page 9 lines 16-19).
Regarding Claim 5, Modified Pifa teaches the claim limitations as set forth above. Additionally, Pifa teaches the fluid transfer element 38 is arranged to be compressed between the pair of shoulder portions 52 and the pair of cutouts (48, see page 9 lines 19-22).
Regarding Claim 6, modified Pifa teaches the claim limitations as set forth above. Additionally, Pifa teaches the fluid transfer element is arranged to be compressed in a radial direction of the fluid transfer element between the pair of shoulder portions 52 and the pair of cutouts (see page 9 lines 19-22, compress the fluid transfer element 38 in the radial direction of the fluid transfer element, when the capsule is assembled the shoulder portions are received in the cutouts 48 and would be compressed in the radial direction page 9 lines 17-21).
Regarding Claim 7, modified Pifa teaches the claim limitations as set forth above. Additionally, Pifa teaches each shoulder portion of the pair of shoulder portions comprises a substantially curved surface, and wherein
each substantially curved surface has a curvature which substantially corresponds to a curvature of an external surface of the fluid transfer element (the fluid transfer elements nest into the shoulder portions, Pifa teaches the fluid transfer element has a curvature, see cylindrical fluid transfer portion in FIG 4, however Pifa fails to teach the shoulder portions, into which the fluid transfer portions nest, have a curvature which substantially corresponds to a curvature of an external surface of the fluid transfer element, however it would be obvious for a person of ordinary skill in the art to modify the form or shape of the shoulder portions to have a curved surface which corresponds to the external surface of the fluid transfer element with a reasonable expectation of success, because the change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
Regarding Claim 8, modified Pifa teaches the claim limitations as set forth above. Additionally, Pifa teaches a pair of posts arranged to provide an electrical connection between a main body of an electronic cigarette and the capsule (the capsule seating 12 further comprises a pair of electrical connectors 14 configured to engage with corresponding power terminals 45 on the main body of the capsule 16, see page 7 lines 7-9, and FIGs 2a, and 2b, see also annotated FIG 4 below).
Regarding Claim 9, modified Pifa teaches the claim limitations as set forth above. Additionally, Pifa teaches an interface is formed between the vaporizer housing and the pair of posts (e.g., electrical connection interface, see page 7 lines 7-9 and rejection of claim 8 above).
Regarding Claim 10, modified Pifa teaches the claim limitations as set forth above. Additionally, Pifa teaches the heating element comprises first and second ends, and wherein the first and second ends are located at the interface between the vaporizer housing and the pair of posts (see annotated FIG 4 below, see FIG 2a and 2b for how terminals 45, connectors 14, pair of posts, and heating element first and second end are lined up and connected).
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Regarding Claim 11, modified Pifa teaches the claim limitations as set forth above. Pifa does not explicitly disclose the first and second ends of the heating element form lead wires which are compressed between the vaporizer housing and the pair of posts at the interface.
However, Pifa teaches the winding of the heating element wire around the fluid transfer element is performed with a predetermined tension on the wire such that the fluid transfer element is compressed from its relaxed diameter by a predetermined amount, which increases flow of liquid towards the heating element (page 4 lines 17-21). If the fluid transfer element is compressed and the first and second ends of the heating element are wrapped around the heating element, it would be inherent that the first and second ends of the heating element form lead wires which are compressed between the vaporizer housing and the pair of posts at the interface.
Regarding Claim 12, modified Pifa teaches the claim limitations as set forth above. Pifa teaches a first holder arranged to retain the vaporizer housing (see annotated FIG 4 above, when assembled the first holder is arranged to retain the vaporizer housing).
Regarding Claim 13, modified Pifa teaches the claim limitations as set forth above. Pifa teaches a second holder configured to receive the first holder (see annotated FIG 4 above, when assembled the second holder is configured to receive the first holder).
Regarding Claim 14, modified Pifa teaches the claim limitations as set forth above. Pifa teaches second holder comprises at least one airflow inlet as part of the airflow passageway arranged to allow intake air to flow through the at least one aperture into the vaporizer housing. (inlet 35 delivers intake air into the vaporizer housing, see page 8 lines 11-15), see FIG 2a)
Regarding Claim 15, modified Pifa teaches the claim limitations as set forth above. Pifa teaches airflow passageway forms part of the main vapor channel, (see page 8 lines 11-15, Pifa teaches an airflow passageway (tube 24) that receives intake air from an air inlet 35 and delivers vapor through the main vapor channel).
Regarding Claim 16, modified Pifa teaches the claim limitations as set forth above. Pifa teaches the main body (main body 4) comprises a power supply unit (power supply unit 6), electrical circuitry (electrical circuitry 6), and a capsule seating configured to connect with the capsule (configured as a compact device, connected, for example may be grouped onto a main printed circuit board, a circuit board would inherently include a capsule seating to connect the circuit board with the capsule (See page 10 lines 19-28).
Regarding Claim 17, modified Pifa teaches the claim limitations as set forth above. Additionally, Pifa teaches the airflow passageway (24) extends between the seal (interpreted to be the first seal 50) and the vaporizer housing (40).
Response to Arguments
Applicant’s arguments, see Claim Amendments and Arguments/Remarks, filed 12-10-2025 with respect to the rejection(s) of claim(s) 1-16 under 35 USC 103 have been fully considered and are found persuasive. Therefore, the rejection is withdrawn. However, a new rejection is set forth in view of Pifa and Liu as set forth above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael T Fulton whose telephone number is (703)756-1998. The examiner can normally be reached Monday-Friday 7:00 - 4:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached on 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.T.F./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747