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 Submission
The amendments and remarks filed on 2025 December 31 have been entered. Claims 1-2 and 5-17 are pending.
Claim Objections
Claim 16 is objected to because of the following informalities:
Claim 16: “each contract portion” should be “each contact portion”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 14 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 14: the claim recites that a sealing member’s outermost diameter is larger than a first matching portion’s outermost diameter. However, the instant specification does not disclose dimensions of the sealing member or the first matching portion. The instant drawings are not disclosed as drawn to scale and therefore do not show dimensions of the sealing member (applicant fig. 3, #125) and the first matching portion (applicant fig. 4, #132 disclosed as a second matching portion but claimed as a first matching portion). See MPEP 2125.
Moreover, the instant specification discloses [21, 45-46, and 65] that the first matching portion (132) is detachable from the second matching portion (131). If the sealing member’s (125) outermost diameter were larger than the first matching portion’s (132) outermost diameter, then the sealing member would inhibit the first matching portion from sliding along a longitudinal axis and detaching. The apparent contradiction between the claimed diameters and the disclosed detachability further weighs against applicant possession.
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.
Claims 1-2 and 5-17 are 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 1: under the subheading “wherein the first matching portion comprises”, the limitation "a protrusion protruding radially inward from a radially innermost periphery of the mounting ring” is unclear. The radially innermost periphery is the radially innermost boundary of the mounting ring, so confusion arises as to how a protrusion can protrude radially inward from the radially innermost periphery, i.e., protrude more radially inward than the radially innermost periphery. “Protruding radially inward from a radially innermost periphery” is interpreted as “protruding radially inward along a radially inner periphery” to make the claim examinable.
Claims 2 and 5-17 are rejected by dependence on claim 1.
Claim 15: the term "the sealing member" lacks proper antecedent basis and is interpreted as “a sealing member”.
Claims 16-17 are rejected by dependence on claim 15.
Claim Rejections - 35 USC § 103
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, 10-11, and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20150272221 A1) in view of Lin (US 20200096145 A1).
Claim 1: Liu teaches a vaporizer (fig. 2-3 and [57]), comprising:
a first housing (201) having a mounting end (topmost circular edge of 201) at an axially outermost end (topmost end of 201);
an electrode holder (fig. 2 and [60], #40) comprising: a first electrode (403), a second electrode (401), and a first insulating member (402) that electrically insulates the first electrode (403) from the second electrode (401);
and a matching structure comprising a first matching portion (fig. 2, portion of #201 which receives #4031) and a second matching portion (fig. 12, #4031), the first matching portion (fig. 2, portion of #201 which receives #4031) being arranged on the first housing (201), and the second matching portion (fig. 12, #4031) being arranged on the electrode holder (40),
wherein the first matching portion (portion of 201 which receives 4031) is matched with the second matching portion (4031) in an anti-rotation manner ([60], #201 and #4031 are interference fit together which hinders rotation) in a circumferential direction of the vaporizer,
wherein the second matching portion (fig. 12, #4031) is recessed in the electrode holder (40), and the first matching portion (portion of 201 which receives 4031) is embedded on the second matching portion (4031) in an anti-rotation manner ([60], #201 and #4031 are interference fit together which hinders rotation) in the circumferential direction of the vaporizer,
wherein a cross-sectional shape of the second matching portion (fig. 12, #4031) matches the cross-sectional shape of the first matching portion (fig. 2, portion of #201 which receives #4031) so as to limit mutual rotation ([60], #201 and #4031 are interference fit together which hinders rotation) between the electrode holder (40) and the first housing (201) in the circumferential direction of the vaporizer.
Liu does not explicitly teach that the mounting end is a mounting ring protruding radially inward toward a central axis of the first housing, the first matching portion comprises a protrusion protruding radially inward along a radially innermost periphery of the mounting ring, the second matching portion comprises a groove, and the protrusion is embedded in the groove, and a cross-sectional shape of the protrusion comprises a zigzag shape arranged in the circumferential direction of the vaporizer.
Lin, working in a field of cylindrical joints pertinent to applicant, teaches a mounting ring (fig. 15-16 and [67], #21 which is not shown) protruding radially inward toward a central axis of the mounting ring (21), a first matching portion comprising a protrusion (210) protruding radially inward along a radially innermost periphery of the mounting ring (21), a second matching portion comprising a groove (230), wherein the protrusion (210) is embedded in the groove (230), and a cross-sectional shape of the protrusion (210) comprises a zigzag shape (#210 is wavy tines; fig. 6 and [51] show an example of wavy tines in #111) arranged in a circumferential direction of the protrusion, such that the protrusion can latch into an interference fit with grooves [67].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add Lin’s zigzag elements to Liu’s protrusion, because doing so would enable latching between the protrusion and the groove.
Claim 2: modified Liu teaches the vaporizer of claim 1, wherein the first matching portion (fig. 12, #4031) is matched with the second matching portion (fig. 2, portion of #201 which receives #4031) in an axial direction of the vaporizer.
Modified Liu does not explicitly teach that the first matching portion and the second are not restricted from being detached.
Making the first matching portion and second matching portion manually detachable would be desirable to enable cleaning of the device interior. See MPEP 2144.04(V)(C): In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). The courts have held that in the case of a cap press-fitted to a holder, “if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose”). Liu’s and Lin’s interference fits are analogous to Dulberg’s press fit such that Dulberg’s precedence of obviousness applies.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to make the first matching portion manually detachable, because doing so would be a patentably indistinct separation of parts.
Claim 10: modified Liu teaches an electronic vaporization device (fig. 2-3 and [57]), comprising: the vaporizer of claim 1.
Claim 11: modified Liu teaches the vaporizer of claim 1, wherein the first matching portion (Liu fig. 2, portion of #201 which receives #4031; [Lin 67], wavy tines along an inner wall) forms a smallest innermost diameter of the axially outermost end of the first housing (Liu fig. 2, #201).
Claim 15: modified Liu teaches the vaporizer of claim 1, wherein the first electrode (fig. 12, #403) includes a plurality of contact portions (4033) that each protrude axially (along both the radial and longitudinal axes) and away from a sealing member (fig. 2 and [59], #302 insulates and provides an elastic force to seal #301 and #303 together).
Claim 16: modified Liu teaches the vaporizer of claim 15, wherein each contact portion (fig. 12, #403) of the plurality of contact portions radially surrounds the second electrode (fig. 2, #401), wherein the second electrode (401) is arranged at an axial end of an air inlet channel (channel within #303; fig. 11 and [66], #303 surrounds air inlet channel #3031), and wherein the second electrode (fig. 2, #401) occupies a radial center point between the plurality of contact portions (fig. 12, #4034) such that air in the air inlet channel (fig. 11, #3031) flows directly toward the second electrode (fig. 2, #401), radially outward at the axial end of the air inlet channel (channel within 303), and around the second electrode (401).
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Claim 17: modified Liu teaches the vaporizer of claim 16, wherein the second electrode (fig. 2, #401) protrudes axially (along radial and longitudinal axes) and away from the sealing member (302).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20150272221 A1) in view of Lin (US 20200096145 A1) as applied to claim 1 in further view of Choi (US 20200367574 A1).
Claim 5: modified Liu teaches the vaporizer of claim 1, wherein the electrode holder (fig. 2 and [60], #40) comprises a base body (body of 40) with the first electrode (403) arranged on the base body (body of 40), the second matching portion (fig. 12, #4031) being arranged on the base body (body of 40), and the first electrode (403) comprising an annular shape ([60], #403 is a cylinder) closed in the circumferential direction of the vaporizer,
wherein the first housing (fig. 2, #201) comprises a first body (body of 201) and a first mounting ring (ring of 201 which receives 403) arranged in the first body (body of 201), at least one first opening (fig. 2, unlabeled openings at corners of #403) in communication with outside air ([66], air flows through #3031 and thus flows through the device interior) runs through, in a thickness direction, a portion of the first electrode (403) extending into the first mounting ring (fig. 2, ring of #201 which receives #403), at least one second opening (topmost grooves of 201) runs through the first mounting ring (ring of 201 which receives 403) in the thickness direction, a first air outlet channel (channel which is surrounded by 201; [66], air flows through #3031 and thus flows through the device interior) is provided between the first mounting ring (ring of 201 which receives 403) and an inner wall of the first body (body of 201), the first air outlet channel (channel which is surrounded by 201), the at least one second opening (topmost opening of 201), and the at least one first opening (unlabeled openings at corners of 403) being sequentially communicated (the channel which is surrounded by 201 is communicated with the second openings by #201; the second openings are communicated with the first openings by #201).
“Opening” is interpreted to include the meaning of “open volume”, consistent with applicant fig. 5, #1121.
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Modified Liu does not explicitly teach that in the circumferential direction of the vaporizer, a width of the at least one first opening is greater than a width of the at least one second opening.
Choi teaches a vaporizer (title) comprising first openings (fig. 5 and [42-43], #112) and second openings (116) connected to facilitate airflow, such that air can flow through the first openings and second openings in order to supply the vaporizer [42-43].
Moreover, specifying the shape of the first openings and the second openings such that a width of the first openings is greater than a width of the second openings would be an obvious matter of design choice absent persuasive evidence that the particular configuration is significant. See MPEP 2144.04(IV)(B): In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). The courts have held that the configuration of the claimed disposable plastic nursing container was an obvious matter of choice absent persuasive evidence that the particular configuration of the claimed container was significant. Liu’s first openings and second openings function to facilitate airflow and to secure the device together, and widening Liu’s first openings would have no meaningful effect on said functions.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to connect Liu’s first openings and second openings and reshape Liu’s first mounting ring and second openings such that a circumferential width of the first openings is greater than a circumferential width of the second openings, because doing so would enable air to flow through the first openings and second openings in order to supply the vaporizer and would otherwise be a patentably indistinct change in shape.
Claim 6: modified Liu teaches the vaporizer of claim 5, wherein the at least one first opening (Liu fig. 12, unlabeled openings at corners of #403) comprises a plurality of first openings and the at least one second opening (Choi fig. 6, #112 previously incorporated for claim 5) comprises a plurality of second openings, wherein each first opening (Liu fig. 12, unlabeled openings at corners of #403) of the plurality of first openings is spaced apart from one another and arranged in the circumferential direction of the vaporizer, and wherein a quantity of the second openings (Choi fig. 6, #112) matches a quantity of the first openings (116).
Claims 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20150272221 A1) in view of Lin (US 20200096145 A1) as applied to claim 1 in further view of Yasuda (JP 2011087569 A with reference made to machine translation).
Claim 7: modified Liu teaches the vaporizer of claim 1, further comprising:
a vaporization assembly (fig. 2-3 and [57], #20) arranged at an end (nonconnected end of 201) of the first housing (201) away from the electrode holder (40), the vaporization assembly (20) comprising a vaporization core ([59], atomization assembly).
Modified Liu does not explicitly teach the vaporization assembly is detachable, and a third electrode and a fourth electrode, the third electrode and the fourth electrode both being arranged at an end of the vaporization core that is close to the electrode holder, the third electrode being dot-shaped, and the fourth electrode being arranged surrounding the third electrode.
Yasuda teaches a vaporizer (title) comprising a vaporization assembly (fig. 2 and [13], #12 and #13) detachably arranged at an end of a first housing (11) and comprising a vaporization core (12 and 13), a third electrode (72), and a fourth electrode (73), the third electrode (72) and the fourth electrode (73) both being arranged at an end of the vaporization core (12 and 13) that is close to an electrode holder (6), the third electrode (72) being dot-shaped ([16], #72 is cylindrical which gives it a circular cross-section, i.e., a dot shape) and the fourth electrode (73) being arranged surrounding (73 is positioned surrounding 72) the third electrode (72), such that the electrodes are protected from liquid [19] and are hidden to create a more natural appearance [19].
Furthermore, making the vaporization assembly detachable as disclosed by Yasuda would be desirable to enable cleaning of the device interior. See MPEP 2144.04(V)(C): In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961). The courts have held that in the case of a cap press-fitted to a holder, “if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose”).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use, for Liu’s generic vaporization assembly, Yasuda’s specific detachable vaporization assembly comprising a vaporization core, a third electrode, and a fourth electrode, the third electrode and the fourth electrode both being arranged at an end of the vaporization core that is close to the electrode holder, the third electrode being dot-shaped, and the fourth electrode being arranged surrounding the third electrode, because doing so would protect the electrodes from liquid, would hide the electrodes to create a more natural appearance, and would otherwise be a patentably indistinct separation of parts.
Claim 8: modified Liu teaches the vaporizer of claim 7.
Modified Liu does not explicitly teach that a liquid storage tank is arranged in the vaporization core, wherein a second air outlet channel is formed between an outer wall of the vaporization core and the first housing, and wherein at least part of the outer surface of the vaporization core forms a vaporization surface in communication with the second air outlet channel.
Yasuda teaches a vaporizer (title) comprising a liquid storage tank (fig. 2 and [21], space which is occupied by #17) arranged in the vaporization core (12 and 13), wherein a second air outlet channel (71) is formed between an outer wall (topmost surface of 13) of the vaporization core and the first housing (11), and wherein at least part of the outer surface of the vaporization core forms a vaporization surface (8) in communication with (8 is disposed in 71) the second air outlet channel (71), such that inhaling can pull air past the vaporization surface and through the second air channel to simulate smoking a cigarette [19].
“Outer surface of the vaporization core” is interpreted to include the meaning of “exterior surface of the vaporization core”.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use, for Liu’s generic vaporization assembly, Yasuda’s specific vaporization assembly comprising a liquid storage tank is arranged in the vaporization core, wherein a second air outlet channel is formed between an outer wall of the vaporization core and the first housing, and wherein at least part of the outer surface of the vaporization core forms a vaporization surface in communication with the second air outlet channel, because doing so would enable inhaling to pull air past the vaporization surface and through the second air channel to simulate smoking a cigarette.
Claim 9: modified Liu teaches the vaporizer of claim 8.
Modified Liu does not explicitly teach that an end of the vaporization core that is away from the electrode holder is provided with a liquid storage port in communication with the liquid storage tank, wherein the vaporization assembly further comprises a vaporization plug partially plugged in the liquid storage port, and wherein an exhaust channel communicated between the second air outlet channel and the outside is provided on a portion of the vaporization plug extending from the liquid storage port.
Yasuda teaches a vaporizer (title), wherein an end of the vaporization core (fig. 1, #12 and #13) that is away from the electrode holder (6) is provided with a liquid storage port ([21], opening of #17 which is formed by #15) in communication with the liquid storage tank (space which is occupied by 17), wherein the vaporization assembly further comprises a vaporization plug (15) partially plugged in the liquid storage port (opening of 15 which is formed by 15), and wherein an exhaust channel (space between 8 and 15) communicated between the second air outlet channel (71) and the outside is provided on a portion of the vaporization plug (15) extending from the liquid storage port (opening of 17 which is formed by 15), such that liquid precursor immediately wets the heater to simulate smoking a cigarette [21].
“The outside” is interpreted to include the meaning of “air outside the vaporization plug”.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use, for Liu’s generic vaporization assembly, Yasuda’s specific vaporization assembly wherein an end of the vaporization core that is away from the electrode holder is provided with a liquid storage port in communication with the liquid storage tank, wherein the vaporization assembly further comprises a vaporization plug partially plugged in the liquid storage port, and wherein an exhaust channel communicated between the second air outlet channel and the outside is provided on a portion of the vaporization plug extending from the liquid storage port, because doing so would enable a portion of the liquid to wet the area around a heating element in order to be atomized.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 20150272221 A1) in view of Lin (US 20200096145 A1) as applied to claim 1 in further view of Liu (US 20140283858 A1, hereinafter Liu 2).
Claims 12-13: modified Liu teaches the vaporizer of claim 1.
Modified Liu does not explicitly teach that the electrode holder further includes a sealing member arranged at and abutting against an axial end of the first electrode,
wherein the sealing member is arranged between the first electrode and the mounting ring, and wherein the sealing member further abuts against the mounting ring.
Liu 2 teaches a sealing member (fig. 2 and [41], #70) arranged at and abutting against an axial end of a first electrode (80),
wherein the sealing member (70) is arranged between the first electrode (80) and a mounting end (body of 20), and wherein the sealing member (70) further abuts against the mounting end (body of 20), such that the sealing member prevents oil leakage [41].
Liu 1’s electrode holder (Liu 1 fig. 2, #40) separates an atomizer (20) and a battery (10) and Liu 2’s sealing member (Liu 2 fig. 2, #70) separates an atomizer (30) and a battery (20) to yield expectation to succeed. One of ordinary skill would be motivated to separate Liu 1’s atomizer and battery with Liu 2’s sealing member for Liu 2’s same preventing leakage benefit.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add, to Liu 1’s electrode holder, Liu 2’s sealing member arranged at and abutting against an axial end of the first electrode, wherein the sealing member is arranged between the first electrode and the mounting ring, and wherein the sealing member further abuts against the mounting ring, because doing so would enable the sealing member to prevent oil leakage.
Response to Arguments
Applicant’s arguments of 2025 December 31 have been carefully considered but are not persuasive.
Applicant argues (p. 9, [4]) that Liu’s fig. 12, #4031 protrudes radially outward rather than radially inward as required by the first matching portion. However, upon further search and consideration necessitated by applicant’s amendments, Liu #4031 now reads on the second matching portion. Lin further suggests reshaping the interference fit between #201 and #403 into a zigzag shape, for the benefit of firm latching, to arrive at amended claim 1.
Applicant argues (p. 9, [final paragraph] – p. 10, [1]) that Lin teaches protrusions which protrude radially inward (wavy tines #210) but does not teach a mounting ring from which the protrusions protrude. However, Liu’s first matching portion (Liu fig. 2, portion of #201 which receives #403) already has a circular shape, so adding Lin’s protrusions to Liu’s first matching portion would yield a mounting ring along which protrusions protrude. Lin fig. 6 and [51] illustrates an example in which wavy tines #111 protrude radially inward from a circular shape that reads on a mounting ring.
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 Tobey C. Le whose telephone number is (703)756-5516. The examiner can normally be reached Mon-Thu 8:30-18:30 ET.
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/TOBEY C LE/Examiner, Art Unit 1747
/KATHERINE A WILL/Primary Examiner, Art Unit 1747