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
This office action is in response to Applicant’s amendment filed on 11/03/2025.
Claims 1-4, 6-11 and 13-14 are pending and are subject to this Office Action.
Claims 5, 12 and 15 are previously cancelled.
Response to Arguments
Applicant’s arguments, see pages 7-11, filed 11/03/2025, with respect to the rejection of claim 1 have been fully considered but they are not persuasive.
On pages 8-9 the Applicant appears to argue that Brown does not appropriately teach the positioning of the suction nozzle assembly, a first portion of the sealing member and a second portion of the sealing member as claimed.
The Examiner disagrees.
Brown teaches that at least a part of the suction nozzle assembly (proximal seal 121) extends from the opening of the housing toward the second end of the base 118 along a first direction parallel to the axial direction of the cavity in order to surround at least the second end of the base (see Annotated Fig. 1).
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Brown further teaches that a first portion of the sealing member 151 extends from an extension end of the at least a part of the suction nozzle assembly 121 along a second direction opposite to the first direction (a second direction would point up in Annotated Fig. 1. The sealing member is positioned vertically and therefore may be considered to extend in this direction when starting from its lowermost point) to be located between the at least a part of the suction nozzle assembly 121 and the second end 118 of the base ([0039-0040] describes a seal between the second end 118 and the sealing cover 121; Fig. 2).
Brown further teaches that a second portion of the sealing member ([0039] teaches that, although not explicitly depicted in the figures, both a first portion between the suction nozzle assembly 121 and the second end and a second portion of the sealing member between the housing and the suction nozzle assembly 121 are possible. Indicated in Annotated Fig. 1) extends from the extension end of the at least a part of the suction nozzle assembly 121 along the second direction (a second direction would point up in Annotated Fig. 1. The sealing member is positioned vertically and therefore may be considered to extend in this direction when starting from its lowermost point) and is located between the at least a part of the suction nozzle assembly 121 and the housing 105 so that the sealing member is sleeved on the extension end of the at least a part of the suction nozzle assembly 121 via the first and second portions (Annotated Fig. 1).
On pages 9-11 the Applicant argues that other cited prior art does not cure the deficiencies of Brown and Lau. The Examiner notes that, as the obviousness rejection over Brown and Lau is maintained, the other cited prior art is not required to reject claim 1.
Thus, the rejection of claim 1 as obvious over Brown in view of Lau is maintained.
The following is the maintained rejection.
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 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 1-2, 6-7, 10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Brown et al. (US 20160332754 A1) in view of Lau et al. (US 20170367402 A1).
Regarding claim 1, Brown teaches an atomizer (device 101; Fig. 2; [0037]), comprising:
a housing (outer tube 105), which is internally hollow to form a cavity, and provided with an opening at one end of the housing, the opening enabling the cavity to be in communication with an outside of the housing (Fig. 2; [0038]);
a base (comprised of inner tube 118, heater coil housing 127, and battery connector 107), comprising a first end (battery connector 107) and a second end (proximal end of inner tube 118),
wherein the first end 107 of the base is inserted into the cavity and connected to an inner wall of the housing around the cavity (Fig. 2) so as to be fixed within the cavity ([0029]),
the base extends along an axial direction of the cavity from the first end towards the opening (Fig. 2),
the second end is suspended in the cavity (Fig. 2),
and a portion (part of heater coil housing 107 and inner tube 118) of the base between the first end and the second end is spaced from the housing to form a liquid storage cavity (liquid media storage tank 117) therebetween for storing an aerosol generation substrate ([0037]);
an outlet channel (including axial cylindrical opening 112 and air path 123) extends inside the base between the first end and the second end ([0032]),
an atomization core assembly (heater coil support 128 and heater coil 124; Fig. 2; [0043]), provided in the first end of the base, the atomization core assembly being configured to heat the aerosol generation substrate from the liquid storage cavity to generate an aerosol ([0041-0042]) which is conveyed from the atomization core assembly to the opening of the housing via the outlet channel;
and a suction nozzle assembly (mouthpiece 102 and proximal seal 121), detachably connected to the housing, and the suction nozzle assembly being accommodated in a gap between the housing and the second end of the base (Fig. 2; [0038], [0044]) and covering the opening of the housing (stepped portion 106 covers the proximal end of the outer tube (e.g., the opening) of the housing; [0035]; Fig. 2), wherein at least a part of the suction nozzle assembly (mouthpiece 102 and proximal seal 121) extends from the opening of the housing toward the second end of the base 118 along a first direction parallel to the axial direction of the cavity in order to surround at least the second end of the base so as to convey the generated aerosol from the second end to the opening of the housing ([0038]; Fig. 2);
wherein the suction nozzle assembly further comprises a sealing member (sealing member 151), a first portion of the sealing member extends from an extension end (proximal seal 121) of the at least a part of the suction nozzle assembly along a second direction opposite to the first direction to be located between the at least a part of the suction nozzle assembly and the second end ([0039-0040] describes seal between the second end 118 and the sealing cover 121; Fig. 2);
a second portion of the sealing member extends from the extension end (proximal seal 121) of the at least a part of the suction nozzle assembly along the second direction and is located between the at least a part of the suctions nozzle assembly 121 and the housing 105 so that the sealing member is sleeved on the extension end of the at least a part of the suction nozzle assembly via the first and second portions ([0039] teaches that, although not explicitly depicted in the figures, both a first portion between the suction nozzle assembly 121 and the second end and a second portion of the sealing member between the housing and the suction nozzle assembly 121 are possible).
Brown does not teach (I) that a vent hole is formed in a position of the base close to the second end, and the vent hole is in spatial communication between the outlet channel and the liquid storage cavity or (II) that the sealing member is arranged to block communication between the vent hole and the liquid storage cavity for preventing the aerosol generation substrate in the liquid storage cavity from leaking between the suction nozzle assembly and the second end of the base.
Regarding (I), Lau, directed to an atomizer (vaporizer assembly 22; Fig. 4A; [0130-0140]) comprising a housing (outer housing 202), a base (inner tube 404), a liquid storage cavity (reservoir interior 201; [0105]), and an atomization core assembly (heating element 28), teaches a vent hole (one or more vents 412) formed in a position of the base close to a second end (Fig. 4A), and the vent hole is in communication between the outlet channel (interior space 401) and the liquid storage cavity 201 (Fig. 4A; [0138]). Lau teaches that the vent hole is configured to relieve pressure from the liquid containing cavity ([0138]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Brown by adding the vent hole formed in a position of the base close to the second end and in spatial communication between the outlet channel and the liquid storage cavity as taught by Lau because both Brown and Lau are directed to atomizers with similar bases and liquid storage cavities, Lau teaches that it is known to use a vent hole on the second end of a base to relieve pressure from the liquid containing cavity, and this involves using a known technique to improve a similar device in the same way.
Regarding (II), it would be obvious to one having ordinary skill in the art that aerosol generation substrate in the liquid cavity should be prevented from leaking through the vent hole when the atomizer is in use.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Brown by arranging the sealing member 151 so as to cover the vent hole and block communication between the vent hole and the liquid storage cavity in order to prevent the aerosol generation substrate in the liquid storage cavity from leaking between the suction nozzle assembly and the second end of the base as this involves arranging a known component on the same device to yield predictable results.
Regarding claim 2, Brown teaches that the outlet channel is in communication with the suction nozzle assembly 102, such that the aerosol generated by the atomization core assembly heating the aerosol generation substrate can be discharged to the outside via the suction nozzle assembly (Fig. 2; [0038]).
Regarding claim 6, Brown teaches that a surface of the peripheral side of the base close to the first end is in interference fit with the inner wall of the housing, enabling the base to be fixed within the cavity ([0029], wherein a press fit is an interference fit).
Regarding claim 7, Brown teaches that the first end is adhesively connected to the inner wall of the housing, enabling the base to be fixed within the cavity ([0029]).
Regarding claim 10, Brown teaches that an end face of the second end is located within the cavity (see Fig. 2, portion of second end 118 engaged with proximal seal 121).
Regarding claim 14, Brown teaches an electronic cigarette comprising:
an atomizer (device 101; Fig. 2; [0037]), comprising:
a housing (outer tube 105), which is internally hollow to form a cavity, and provided with an opening at one end, enabling the cavity to be in communication with the outside (Fig. 2; [0038]);
a base (comprised of inner tube 118, heater coil housing 127, and battery connector 107), comprising a first end (battery connector 107) and a second end (inner tube 118),
wherein the first end 107 of the base is inserted into the cavity and connected to the inner wall of the cavity (Fig. 2), to be fixed within the cavity ([0029]),
the base extends along the direction from the first end towards the opening (Fig. 2),
the second end 118 is suspended in the cavity (Fig. 2),
and the base is spaced from the housing to form a liquid storage cavity (liquid media storage tank 117) therebetween for storing an aerosol generation substrate ([0037]);
an atomization core assembly (heater coil 124), provided in the base, the atomization core assembly being configured to heat the aerosol generation substrate to generate an aerosol ([0041-0042]);
and a suction nozzle assembly (mouthpiece 102 and proximal seal 121), detachably connected to the housing and at least a part of which is accommodated in a gap between the housing and the second end of the base (Fig. 2; [0038], [0044]).
and a battery assembly (battery assembly 114), the battery assembly being configured to supply power to the atomizer ([0034]).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Brown and Lau as applied to claim 1 above, and further in view of Qiu (US 20180255836 A1).
Regarding claim 3, Brown teaches snap connectors 153 on a peripheral side of base close to the first end to engage with the housing (Fig. 2; [0039]). These snap connectors are expected to limit movement of the base along the axial direction of the cavity.
Brown does not explicitly teach that the base and the housing are connected by at least two limit posts.
Qiu, directed to an electronic cigarette atomizer (Figs. 13-15) comprising a housing (outer tube 33) and a base (chamber base 31) inserted therein, teaches a limit post (latching member 63), wherein limit grooves (first receiving space 433 and second receiving space 633) are provided on a peripheral side of the base close to the first end, the housing is provided with mounting holes (through hole 331), and one end of each of the limit posts is fixed within a corresponding one of the mounting holes while the other end of the each of the limit posts is inserted into a corresponding one of the limit grooves (see Fig. 13) ([0055]). The limit post serves to securely couple the housing and the base ([0055]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Brown by replacing the snap connectors with limit posts such that limit grooves are provided on the base and mounting holes are provided on the housing and the limit posts are fixed within the mounting holes and inserted into the corresponding grooves as taught by Qiu because both Brown and Qiu are directed to atomizers, Qiu teaches an alternate configuration to couple two elements and this involves substituting one means of connection for another to yield predictable results.
Regarding claim 4, Brown depicts at least two limit posts (snap connections 153; see Fig. 2), and that the at least two limit posts are provided at intervals along a circumferential direction of the housing (see Figs. 2-3). Furthermore, the duplication of parts, such as the addition of limit posts, and the rearrangement of parts, such as the circumferential spacing of limit posts, is prima facie obvious when the result is expected and the operation of the device is not modified. See MPEP § 2144.04 (VI)(B-C).
Claims 8-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Brown and Lau as applied to claim 1 above, and in further view of Rado (US 20200015524 A1).
Regarding claim 8, Brown teaches that the suction nozzle assembly comprises a bracket (mouthpiece 102) and a sealing cover (proximal seal 121) configured to be the at least a part of the suction nozzle assembly, the bracket 102 is fixed with the housing near the opening (Fig. 2; [0028]), the sealing cover 121 surrounds the second end of the base (Fig. 2; [0038]), the sealing cover 121 is provided with a through hole in communication with the outlet channel 123 and the opening (Fig. 2), respectively, and the aerosol generated by the atomization core assembly heating the aerosol generation substrate can be discharged to an outside of the housing via the outlet channel and the through hole ([0038], [0041]; see annotated Fig. 1).
Brown does not teach that the sealing cover is inserted into the bracket.
Rado, directed to an atomizer (personal vaporizer 50; Figs. 5-6; [0048]) comprising a housing (tubular outer wall 72; [0049]) forming a cavity (inner cavity of tubular outer wall 72), a base (elongated delivery tube 160 and base wall 62; [0061]), an atomization core assembly (heating element 110; [0054]) provided in the base (Fig. 6), an outlet channel (vapor tube 150 with vapor passage 152; [0060]), and a suction nozzle assembly (mouthpiece 5; Fig. 5; [0057]), teaches that the suction nozzle assembly comprises a sealing cover (intake insert 120) inserted into a bracket (mouthpiece 52) such that sealing members (sealing rings in sealing seats 124, 126) are positioned between the two ([0057]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Brown by inserting the sealing cover 121 into the bracket 120, such that the sealing member 151 is inserted therebetween, as taught by Rado because both Brown and Rado are directed to atomizers with suction nozzle assemblies, Rado teaches a known alternative suction nozzle assembly configuration, and this involves substituting one suction nozzle configuration for another to obtain predictable results.
Regarding claim 9, Brown teaches that the first portion of the sealing member is located between a side wall of the sealing cover 121 and an inner wall of the bracket, while the second portion of the sealing member is located between an inner wall of the sealing cover and an outer wall of the second end ([0039-0040] describes seal between the second end 118 and the sealing cover 121).
Regarding claim 11, Brown does not teach that an end face of the second end extends out of the cavity.
Rado, directed to an atomizer (personal vaporizer 50; Figs. 5-6; [0048]) comprising a housing (tubular outer wall 72; [0049]) forming a cavity (inner cavity of tubular outer wall 72), a base (elongated delivery tube 160; [0061]), an atomization core assembly (heating element 110; [0054]) provided in the base (Fig. 6), an outlet channel (vapor tube 150 with vapor passage 152; [0060]), and a suction nozzle assembly (mouthpiece 5; [0057]), teaches a configuration in which an end face of the second end of the base (proximal opening 172; 0065]) extends out of the cavity (Fig. 5).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Brown by lengthen the second end of the base to extend out of the cavity as taught by Rado because both Brown and Rado are directed to atomizers with housings and bases, Rado teaches an alternate configuration of the base with respect to the housing, and this involves substituting one base configuration for another to obtain predictable results. Furthermore, changes in size and proportion, such as the lengthening of the second end of the second base, are prima facie obvious. See MPEP 2144.04 (IV)(A).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Brown and Lau as applied to claim 1 above, in further view of Tan (US 20200170305 A1).
Regarding claim 13, Brown does not teach a sealing plug connected to the second end and blocking the vent hole when the suction nozzle is disassembled from the housing.
Tan, directed to an atomizer (cartridge 2; Fig. 3; [0057]) comprising a housing (Fig. 3), a base (base 23 and side wall of the vapor channel), a liquid storage cavity (e-liquid storage tank 21), and an atomization core assembly (atomizing core comprising e-liquid guiding body 22 and heating element 26), teaches a sealing plug (upper plug 28; Fig. 5; [0058]) that, when there is no suction nozzle assembly, is connected to a second end of the base to prevent leakage when not in use.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Brown by providing a sealing plug to connect to the second end of the base as taught by Tan because both Brown and Tan are directed to atomizers with base ends that are open without a suction nozzle assembly, Tan teaches a sealing plug to help prevent leakage from the atomizer when not in use and one with ordinary skill in the art would also expect the plug to protect the atomizing core within the base, and this involves using a known technique to improve a similar device in the same way.
It would be expected that the sealing plug also block the vent hole to completely seal the second end.
Conclusion
THIS ACTION IS MADE FINAL. 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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/C.D./ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755