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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/23/2026 has been entered.
Status of the Claims
Claims 1-27 are currently pending and are subject to this office action. Claims 8 and 27 amended. Claims 1-7 and 20-24 are withdrawn. This office action is in response to Applicant’s amendment filed on 03/23/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 03/23/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, on pages 8-12, filed 03/23/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. The Applicant has amended claim 1 to include a limitation that was not previously presented, specifically, “wherein the abutting end of the tubular portion protrudes from the inner end opening of the inhalation channel when the auxiliary member is at the first position, such that a side surface of the tubular portion forms a boundary of the liquid storage cavity… and jointly constructs a boundary of the liquid storage cavity, a vaporization assembly configured to push the auxiliary member from the first position to the second position by abutting the abutting end of the auxiliary member”. However, upon further consideration, a new ground(s) of rejection is made in view of Qiu (2) and Peng (CN 113243561 A).
Applicant’s arguments, on pages 12-14, filed 03/23/2026, with respect to the rejection of claim 27 under 35 U.S.C. 103 have been fully considered and are persuasive. The Applicant has amended claim 27 to include a limitation that was not previously presented, specifically, “wherein the abutting end of the tubular portion protrudes from the inner end opening of the inhalation channel when the auxiliary member is at the first position, such that a side surface of the tubular portion forms a boundary of the liquid storage cavity… and constructs at least a partial boundary of the liquid storage cavity, a vaporization assembly configured to push the auxiliary member from the first position to the second position by abutting the abutting end of the auxiliary member”. However, upon further consideration, a new ground(s) of rejection is made in view of Qiu (CN 113068863 A) and Peng (CN 113243561 A).
The following are modified rejections based on Applicant’s amendments to the claims.
Claim Objections
Claim 8 is objected to because of the following informalities:
Line 16: “constructs boundary of” should read “constructs the boundary of”
Appropriate correction is required.
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.
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 8, 9, 16, 17, 18, 19, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (WO 2021012961 A1, hereinafter citations referring to English Machine Translation and referred to as Qiu '961), and further in view of Kim (KR 20110010862 U, hereinafter citations referring to English Machine Translation),Huang (CN 112021658 A, hereinafter citations referring to English Machine Translation), Qiu (CN 113068863 A, hereinafter citations referring to English Machine Translation and referred to as Qiu ‘863) and Peng (CN 113243561 A, hereinafter citations referring to English Machine Translation).
PNG
media_image1.png
581
370
media_image1.png
Greyscale
With regard to Claim 8, Qiu ‘961 teaches (i) a liquid storage member (Fig. 9: #10) provided with a liquid storage chamber (Fig. 9: #101, [0043]) containing a smoke outlet passage (Fig. 9: #120). (ii) The device includes a heating member arranged in the base assembly, where the base assembly is installed at one end of the liquid storage member [0063], meeting the claim limitation of wherein a vaporization assembly is connected to the liquid storage member. Qiu ‘961 teaches all of the limitations of the claims as set forth above, however Qiu ‘961 is silent to:
An auxiliary member comprising a tubular portion and a flange portion
A first end of the tubular portion being removably inserted in or sleeved outside the inhalation channel via an inner end opening of the inhalation channel
A second end of the tubular portion comprising an abutting end
The flange portion being formed at the abutting end of the tubular potion
The flange portion being disposed outside the inhalation channel
Wherein the auxiliary member is movable relative to the inhalation channel between a first position at which a vaporization medium is injected into the liquid storage cavity and a second position
Wherein the abutting end of the tubular portion protrudes from the inner end opening of the inhalation channel when the auxiliary member is at the first position
A side surface of the tubular portion forms a boundary of the liquid storage cavity
A portion of an outer surface of the tubular portion is exposed outside the inhalation channel
The outer surface of the tubular portion jointly constructs the boundary of the liquid storage cavity with a surface of the inhalation channel, thereby increasing a liquid injection height of the vaporization medium in the liquid storage cavity
A vaporization assembly configured to push the auxiliary member from the first position to the second position by abutting the abutting end of the auxiliary member
The vaporization assembly at least partially replaces the outer surface of the auxiliary member to construct at least a partial boundary of the liquid storage cavity
PNG
media_image2.png
567
433
media_image2.png
Greyscale
In regards to i., ii., iii., iv., and v., Kim, directed to a cartridge having a pulverizer for an electronic cigarette, teaches (i) an auxiliary packing (Fig. 3: #22) with a tubular portion (Fig. 3: "T") and a flange (Fig. 3: #24, [0022]). (ii) The top of the tubular portion (Fig. 3: "T") can be combined with a suction pipe (Fig. 3: #20, [0022]). (ii) The opposite end of the tubular portion of the auxiliary packing (Fig. 3: #22) abuts with the flange (Fig. 3: #24). (iii) The diameter of the flange (Fig. 3: #24) is larger in diameter compared to the tubular portion (Fig. 3: "T") and the suction pipe (Fig. 3: #20). A person of ordinary skill in the art would realize that based on the dimensions of the flange, the flange would not fit into the suction pipe (Fig. 3: #20), making it remain in contact with the lower end and disposed outside of the suction pipe (Fig. 3: #20, [0022]). A person of ordinary skill in the art would be motivated to apply the features of the auxiliary packing of Kim to Qiu ‘961 to avoid continuous use of the vaporizer [0006].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the liquid storage member of Qiu ‘961 to include an auxiliary member comprising a tubular portion and a flange portion; a first end of the tubular portion being removably inserted in the inhalation channel via an inner end opening of the inhalation channel and a second end of the tubular portion comprising an abutting end; the flange portion being formed at the abutting end of the tubular portion and disposed outside the inhalation channel because both Qiu ‘961 and Kim are directed to controlling the flow of liquid supplied to an atomization component for smoking efficiency. Kim teaches an auxiliary packing inserted into a suction tube, with a flange portion to avoid continuous use of the vaporizer and maintain efficiency [0006[ and this merely involves applying a known features of an auxiliary component of a known aerosol generating device ready for improvement to yield predictable results.
PNG
media_image3.png
307
267
media_image3.png
Greyscale
PNG
media_image4.png
299
324
media_image4.png
Greyscale
In regards to vi., vii., and ix., Huang, directed to a device for assisting in opening oil and an aerosol generating device, teaches (vi) an auxiliary silicone (Fig. 2: #16) that is movable relative to an airway tube (Fig. 2: #12) between a first position, where the auxiliary member contacts and seals the atomizer core [0055] and a second position, where the auxiliary member is moved away from the atomizer core [0055].
(vii) The auxiliary silicone (Fig. 2: #16) passes through the connecting silicone (Fig. 2: #13), the atomizing core (Fig. 2: #14), and the air passage tube (Fig. 2: #12) in sequence [0054], wherein the supporting part (Fig. 2: #161) abuts against the connecting groove (Fig. 2: #131) of the connecting silicone (Fig. 2: #13, [0054]). One of ordinary skill in the art would understand that if the auxiliary silicone (Fig. 2: #16) passes through the connecting groove (Fig. 2: #131) of the connecting silicone (Fig. 2: #13) first and the atomizing core (Fig. 2: #14) is after the connecting silicone (Fig. 2: #13) in sequence, the supporting part (Fig. 2: #161) of the auxiliary silicone (Fig. 2: #16) would protrude passed an inner end opening (Fig. 2: "IO") of the air passage tube (Fig. 2: #12) at a first position.
(ix) An extension part (Fig. 2: #162) of the auxiliary member (Fig. 2: #16) extends outwardly from the airway tube (Fig. 2: #12) when the auxiliary member is in a first position, and cooperates with surrounding walls of the liquid storage member to confine liquid.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the auxiliary member of modified Qiu ‘961 to wherein the auxiliary member is movable relative to the inhalation channel between a first position at which a vaporization medium is injected into the liquid storage cavity and a second position, wherein the abutting end of the tubular portion protrudes from the inner end opening of the inhalation channel when the auxiliary member is at the first position, and a portion of an outer surface of the tubular portion is exposed outside the inhalation channel, because both Qiu ‘961 and Huang are directed to preventing leakage of aerosol generating material. Huang teaches an auxiliary component that extends out from an airway tube, controlling the flow of liquid form the liquid cavity to prevent leakage and controlled oil flow in aerosol generating devices [0008-0009] and this merely involves applying known positioning techniques of an auxiliary member to a known aerosol generating device ready for improvement to yield predictable results.
PNG
media_image5.png
603
406
media_image5.png
Greyscale
PNG
media_image6.png
616
361
media_image6.png
Greyscale
In regards to viii. and x, Qiu ‘863, directed to an atomizer and aerosol generating device, teaches (viii) a movable component (Fig. 3: #60) comprising a ventilation tube (Fig. 3: #61, [0057]), relating to the tubular portion of the claimed invention. The ventilation tube (Fig. 6: #61) creates an internal boundary of the liquid storage cavity (Fig. 6: #101). (x) The outer surface of the ventilation tube (Fig. 3: #61) jointly creates the internal boundary of the liquid storage cavity (Fig. 6: #101) with the inner surface of the ventilation tube (Fig. 3: #61). One of ordinary skill in the art would understand that this structural layout would limit upward movement of the liquid and thereby determine an effective level to which liquid accumulates within the cavity. Further, one of ordinary skill in the art would have been motivated to combine the tubular portion and inhalation channel of modified Qui ‘916 with the positioning of Qiu '863 to prevent leakage of the aerosol forming matrix [0061].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the tubular portion of modified Qiu ‘916 such that a side surface of the tubular portion forms a boundary of the liquid storage cavity and the outer surface of the tubular portion jointly constructs the boundary of the liquid storage cavity with a surface of the inhalation channel, thereby increasing a liquid injection height of the vaporization medium in the liquid storage cavity because both Qiu ‘916 and Qiu '863 are directed to preventing leakage in aerosol generating devices. Qiu '863 teaches a ventilation tube creating an internal boundary of a liquid storage cavity to prevent leakage of the aerosol forming matrix [0061] and this merely involves combing prior art elements according to known sealing configurations to yield predictable results.
PNG
media_image7.png
749
266
media_image7.png
Greyscale
In regards to xi and xii, Peng, directed to an oil sump assembly, teaches (xi) a heating element (Fig. 3: #300) connected to an oil tank assembly (Fig. 3: #100, [0035]). The heating element (Fig. 3: #300) is configured to abut and push against a movable plug (Fig. 3: #130) into a position that allows e-liquid to enter a guide channel [0035], improving assembly time and ease of use to the atomizing element (Fig. 3: #320, [0040]). (xii) When the heating element (Fig. 3: #300) abuts against the movable plug (Fig. 3: #130), the movable plug (Fig. 3: #130) is displaced form its sealing position [0039, 0049], and as a result, the heating element (Fig. 3: #300) occupies at least part of the area previously bounded by the outer surface of the movable plug (Fig. 3: #300) within the oil tank assembly (Fig. 3: #100).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporization assembly of modified Qiu ‘961 to comprise a vaporization assembly connected to the liquid storage member and configured to push the auxiliary member from the first position to the second position by abutting the abutting end of the auxiliary member, such that the vaporization assembly at least partially replaces the outer surface of the auxiliary member to construct at least a partial boundary of the liquid storage cavity because both Peng and Qiu ‘961 are directed to providing easy installation of components of aerosol generating devices for user convenience. Peng teaches a heating element that pushes movable plug to improve assembly time and ease of use to the atomizing element [0040] and this merely involves combing prior art elements according to known assembly methods to yield predictable results.
PNG
media_image8.png
581
370
media_image8.png
Greyscale
With regard to Claim 9, Qiu ‘961 teaches a (i) ventilation pipe (Fig. 9: #12) with a tubular structure, connected with the outer wall of the liquid storage member (Fig. 9: "OW", [0090]) to create a shell. (ii) The inner cavity of the ventilation pipe forms a smoke outlet channel (Fig. 9: #120, [0090]). (iii) Figure 9 illustrates where the ventilation pipe (Fig. 9: #12) surrounds the smoke outlet channel (Fig. 9: #120). (iv) The liquid storage chamber (Fig. 9: #101) is formed within the shell created by the ventilation pipe (Fig. 9: #12) and the outer wall of the liquid storage member (Fig. 9: "OW"), where the smoke outlet channel (Fig. 9: #120) is on the right side of the liquid storage chamber (Fig. 9: #101), meeting the claim limitation of wherein the liquid storage cavity is provided between an inner side of the shell portion and the inhalation channel.
Qiu ‘961 further teaches (v) wherein the upper end opening of the ventilation pipe (Fig. 9: #12) forms a smoke outlet (Fig. 9: #13, [0090]) in the liquid storage member (Fig. 9: #10). The smoke formulates under the suction action of the user and enters the user's mouth for inhalation [0055]. The lower end of the ventilation pipe is connected to an air outlet of an atomization bracket [0090] connected with the heating assembly [0077], meeting the claim limitation of wherein an other end of the shell portion is configured to accommodate the vaporization assembly. Modified Qiu ‘961 teaches all of the limitations of the claims as set forth above, however modified Qiu ‘961 is silent to:
wherein the auxiliary member is inserted in the inhalation channel, or the auxiliary member is sleeved outside the inhalation channel
PNG
media_image2.png
567
433
media_image2.png
Greyscale
Kim teaches where the top of the auxiliary packing (Fig. 3: #22) can be combined with the suction pipe (Fig. 3: #20, [0022]). A person of ordinary skill in the art would realize that the diameter of the auxiliary packing (Fig. 3: #22) is smaller than the diameter of the suction pipe (Fig. 3: #20). For the two components to be combined, the auxiliary packing (Fig. 3: #22) would need to fit inside the suction pipe (Fig. 3: #20).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the inhalation channel of modified Qiu ‘961 to wherein the auxiliary member is inserted in the inhalation channel, or sleeved outside the inhalation channel because both Qiu and Kim are directed to controlling the flow of liquid supplied to an atomization component to improve smoking efficiency. Kim teaches the auxiliary packing combined with the suction pipe to maintain watertightness and prevent leakage [0030] and this merely involves applying a known fit and location of an auxiliary component to a similar atomization device ready for improvement to yield predictable results.
PNG
media_image9.png
458
359
media_image9.png
Greyscale
PNG
media_image8.png
581
370
media_image8.png
Greyscale
With regard to Claim 16, Qiu ‘961 teaches (i) an atomizer assembly (Fig. 9: #110, [0076]) comprising a sealing sleeve (Fig. 9: #26, [0089]) of the liquid storage chamber (Fig. 9: #101). (ii) The sealing sleeve is provided with a liquid inlet and air outlet to facilitate the movement of smoke passing through the sealing sleeve [0089], meeting the claim limitation of wherein a liquid guide member is arranged in the vaporization sleeve. (iii) Electrode connected ends (Fig. 9: #321) of the heating member (Fig. 4: #32, [0083]) are in line with the liquid inlet (Fig. 9: #261), meeting the claim limitation of wherein a heating member is arranged in the liquid guide member.
Qiu ‘961 further teaches wherein (iv) the sealing sleeve comprises the air outlet (Fig. 9: #262, [0089]) and flows into a user’s mouth through the smoke outlet channel (Fig. 9: #120) and the smoke outlet (Fig. 9: #13), meeting the claim limitation of wherein the vaporization sleeve is provided with a vapor outlet configured to be in communication with an inner cavity of the inhalation channel. (v) During use, the aerosol forming matrix in the liquid storage chamber (Fig. 9: #101) enters a liquid inlet groove via the liquid inlet (Fig. 9: #261).
PNG
media_image8.png
581
370
media_image8.png
Greyscale
With regard to Claim 17, Qiu ‘961 teaches wherein (i) a base assembly (Fig. 9: #20) includes the sealing sleeve (Fig. 9: #26, [0089]), included in the atomizer assembly (Fig. 9: #110, [0076]), meeting the claim limitation of wherein the vaporization assembly further comprises a base connected to the vaporization sleeve. (ii) The base is mounted at the liquid storage member (Fig. 9: #10) and forms the liquid storage cavity (Fig. 9: #101, [0076]). (iii) The sealing sleeve (Fig. 9: #26) is on the outside of the upper end of an atomizer bracket (Fig. 9: #21), and is used to improve the sealing between the liquid storage component (Fig. 9: #10) and the atomizer bracket (Fig. 9: #21).
PNG
media_image10.png
589
432
media_image10.png
Greyscale
With regard to Claim 18, Qiu ‘961 teaches wherein (i) the sealing sleeve (Fig. 3: #26) is only comprised on the top portion of the base, meeting the claim limitation of wherein the vaporization sleeve is partially accommodated in the base. (ii) The liquid inlet (Fig. 3: #261) is located at the top outer surface of the sealing sleeve (Fig. 3: #26) of base assembly (Fig. 3: #20). (iii) The liquid inlet (Fig. 4:#261) and the air outlet (Fig. 4: #262) are arranged on separate sides of the sealing sleeve (Fig. 4: #26) used to improve the sealing between the liquid storage component and atomizer bracket [0089], where mixed smoke flows out of the air outlet and ultimately flows through the smoke outlet channel [0092], meeting the claim limitation of wherein a first leakage-proof distance is formed between the liquid inlet and the vapor outlet in a communication direction of the inhalation channel.
With regard to Claim 19, modified Qiu ‘961 teaches all the limitations of the claims as set forth above, however modified Qiu ‘961 is silent to:
Wherein, when the auxiliary member is at the second position, the auxiliary member is partially replaced by the vaporization assembly and partially maintained to construct at least a partial boundary of the liquid storage cavity, or
Wherein, when the auxiliary member is at the second position, the vaporization assembly completely replaces the auxiliary member, abuts the inhalation channel, and constructs at least a partial boundary of the liquid storage cavity
PNG
media_image11.png
379
403
media_image11.png
Greyscale
Huang teaches wherein before use, the auxiliary silicone (Fig. 2: #16) contacts the atomizer core (Fig. 2: #14), and during use, the auxiliary silicone rubber (Fig. 2: #16) and atomizer core (Fig. 2: #14) are moved away from each other to a second position, allowing the atomizer core to be partially exposed in the oil and allows oil to enter the atomizer core [0055]. A person of ordinary skill in the art would be motivated to apply these features to modified Qiu to prevent leakage in the device [0008].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the auxiliary member of modified Qiu ‘961 to wherein, when the auxiliary member is at the second position, the auxiliary member is partially replaced by the vaporization assembly and partially maintained to construct at least a partial boundary of the liquid storage cavity, or wherein, when the auxiliary member is at the second position, the vaporization assembly completely replaces the auxiliary member, abuts the inhalation channel, and constructs at least a partial boundary of the liquid storage cavity because both Qiu ‘961 and Huang are directed to preventing leakage of aerosol generating material. Huang teaches an auxiliary component that moves in response to a user using the device to control the flow of liquid form the liquid cavity to prevent leakage and controlled oil flow in aerosol generating devices [0008-0009] and this merely involves applying known positioning techniques of an auxiliary member to a known aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 25, Qiu ‘961 teaches (i) an aerosol generating device that includes an atomizer [0055]. (ii) The aerosol generating device comprises a power supply device electrically connected to the atomizer to provide electrical energy to the device [0055].
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu (WO 2021012961 A1, hereinafter citations referring to English Machine Translation and referred to as Qiu '961), Kim (KR 20110010862 U), Huang (CN 112021658 A), Qiu (CN 113068863 A), and Peng (CN 113243561 A), as applied to claims 8 and 9 above, and further in view of Chen (CN 113287790 A, hereinafter citations referring to English Machine Translation).
With regard to Claim 10, modified Qiu ‘961 teaches all of the limitations of the claims as set forth above, however modified Qiu ‘961 is silent to:
Wherein, if the auxiliary member is inserted in the inhalation channel, the inhalation channel or the shell portion forms a limiting step surface on the suction nozzle end
The limiting step surface being configured to limit the auxiliary member from protruding out of the suction nozzle end
PNG
media_image12.png
481
257
media_image12.png
Greyscale
Chen, directed to electronic atomization equipment and an atomization device, teaches (i) an air duct (Fig. 4: #13) placed inside a shell (Fig. 4: #11, [0034]). An air intake channel (Fig. 4: #121) is provided in a suction nozzle (Fig. 4: #12), narrower than the air duct (Fig. 4: #13). (ii) It would have been obvious to a person of ordinary skill in the art that a transition from a channel with a larger to smaller size would result in a decrease in the amount or speed of air flowing through the smaller channel, therefore meeting the claim limitation of where the inhalation channel or the shell portions forms a limiting step surface (Fig 4: "LSS") on the suction nozzle end. (iii) The limiting step surface (Fig. 4: "LSS") is configured between the air intake channel (Fig. 4: #121) of the suction nozzle (Fig. 4: #12) and the air duct (Fig. 4: #13), meeting the claim limitation of wherein the limiting step surface is configured to limit the auxiliary member from protruding out of the suction nozzle.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the inhalation channel of modified Qiu ‘961 wherein if the auxiliary member is inserted in the inhalation channel, the inhalation channel or the shell portion forms a limiting step surface on the suction nozzle end and the limiting step surface is configured to limit the auxiliary member from protruding out of the suction nozzle end because both Qiu ‘961 and Chen are directed to ensuring tight contact between components of an atomization device. Chen teaches an air duct within a shell of the device and a narrow air intake channel combined with the air duct to form a limiting step, leading to a suction nozzle, to ensure the consistency of temperature distribution when atomizing [0024] which merely involves applying a known limiting step technique to a similar atomization device to yield predictable results.
Claims 11, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (WO 2021012961 A1, hereinafter citations referring to English Machine Translation and referred to as Qiu '961), --Kim (KR 20110010862 U), Huang (CN 112021658 A), Qiu (CN 113068863 A), and Peng (CN 113243561 A), as applied to claim 8 above, and further in view of Liu (WO 2016106500 A1, hereinafter citations referring to English Machine Translation)
PNG
media_image8.png
581
370
media_image8.png
Greyscale
With regard to Claim 11, Qiu ‘961 teaches an atomizer assembly (Fig. 9: #110, [0076]), relating to the vaporization assembly of the claimed invention, comprising a sealing sleeve (Fig. 9: #26, [0089]). The sealing sleeve comprises an air outlet (Fig. 9: #262, [0089]), meeting the claim limitation of wherein the vaporization assembly comprises a vapor outlet. Modified Qiu ‘961 teaches all of the limitations of the claims as set forth above, however modified Qiu ‘961 is silent to:
Wherein the auxiliary member comprises an airflow channel that communicates the vapor outlet with an inner cavity of the inhalation channel
Wherein the vaporization assembly abuts the auxiliary member.
PNG
media_image13.png
524
257
media_image13.png
Greyscale
PNG
media_image14.png
453
435
media_image14.png
Greyscale
Liu, directed to an electronic cigarette and leakage prevention method, teaches wherein (i) a movable core rod (Fig. 4: #23), relating to the auxiliary member of the claimed invention, includes the air passage forming a vapor outlet. As shown by the arrows in Figure 4, the air passage allows air to flow through the air pipe, relating to the inhalation channel, (Fig. 2: #17, [0049]), meeting the claim limitation of wherein the auxiliary member comprises an airflow channel that communicates the vapor outlet with an inner cavity of the inhalation channel. (ii) An atomizing chamber (Fig. 3: #11, [0049]) is positioned on the movable core rod (Fig. 4: #23), meeting the claim limitation of wherein the vaporization assembly abuts the auxiliary member.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporization assembly of modified Qiu ‘961 to include wherein it abuts the auxiliary member and the auxiliary member comprises an airflow channel that communicates the vapor outlet with an inner cavity of the inhalation channel because both Qiu and Liu are directed towards atomization devices focused on leakage prevention. Liu teaches an outlet in connection between an atomizing chamber and air passage, which is also connected to a movable member that allows air to flow through an air pipe to assist with the problem of smoke oil leaking into a battery assembly [0056] and this merely involves applying a known outlet component to a similar atomization device to yield predictable results.
PNG
media_image8.png
581
370
media_image8.png
Greyscale
With regard to Claim 14, Qiu ‘961 teaches an atomizer assembly (Fig. 9: #110, [0076]), relating to the vaporization assembly of the claimed invention, comprising a sealing sleeve (Fig. 9: #26, [0089]). The sealing sleeve comprises an air outlet (Fig. 9: #262, [0089]), meeting the claim limitation of wherein the vaporization assembly comprises a vapor outlet. Modified Qiu ‘961 teaches all of the limitations of the claims as set forth above, however modified Qiu ‘961 is silent to:
Wherein the auxiliary member isolates the vapor outlet from the liquid storage cavity when the vaporization assembly abuts the auxiliary member
PNG
media_image15.png
516
237
media_image15.png
Greyscale
PNG
media_image16.png
452
421
media_image16.png
Greyscale
Liu teaches a movable core rod (Fig. 4: #23), relating to the auxiliary member of the claimed invention, used to close the airway by changing its position using an on-off mechanism [0056]. An oil storage chamber (Fig. 2: #18) leaks e-liquid into the atomization chamber (Fig. 4: #11) and the on-off mechanism is used to control the closing or opening of the airway in the atomization chamber connected to the oil storage chamber [0055], meeting the claim limitation of wherein the auxiliary member isolates the vapor outlet from the liquid storage cavity when the vaporization assembly abuts the auxiliary member.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the auxiliary member of modified Qiu ‘961 to isolate the vapor outlet from the liquid storage cavity when the vaporization assembly abuts the auxiliary member, because both Qiu and Liu are directed towards atomization devices focused on leakage prevention. Liu teaches a movable core rod in an on-off mechanism to close the airway influenced by the atomization chamber in communication with the oil storage chamber to prevent the tobacco oil from leaking to the battery assembly [0055] and this merely involves applying a known isolation technique to improve a similar atomizing device to yield predictable results.
With regard to Claim 15, modified Qiu ‘961 teaches all of the limitations of the claims as set forth above, however modified Qiu ‘961 is silent to:
Wherein the auxiliary member is in an interference fit with an inner wall of the inhalation channel or;
Wherein the vaporizer further comprises a seal member arranged surrounding the auxiliary member, and the seal member abuts between the auxiliary member and an inner wall of the inhalation channel
PNG
media_image17.png
489
358
media_image17.png
Greyscale
Liu, directed to an electronic cigarette and leakage prevention method, teaches (i) wherein a movable core rod (Fig. 5: #23) is sleeved in a fixed sleeve (Fig. 5: #21, [0051]), where the fixed sleeve allows air flow to enter from an open end and out from a vent hole [0052], meeting the claim limitation of wherein the auxiliary member is in an interference fit with an inner wall of the inhalation channel or wherein the vaporizer further comprises a seal member arranged surrounding the auxiliary member, and the seal member abuts between the auxiliary member and an inner wall of the inhalation channel.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the auxiliary member of modified Qiu ‘961 by producing an interference fit with an inner wall of the inhalation channel because both Qiu ‘961 and Liu ‘500 are directed towards atomization devices focused on leakage prevention. Liu ‘500 teaches a movable core rod sleeved in a fixed sleeve that participates in air flow to prevent smoke oil from leaking through the airway and penetrating into a battery assembly [0055] and this merely involves applying a known fitting method between two components in a similar device to yield predictable results.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (WO 2021012961 A1, hereinafter citations referring to English Machine Translation and referred to as Qiu '961), Kim (KR 20110010862 U), Huang (CN 112021658 A), Qiu (CN 113068863 A), Peng (CN 113243561 A), and Liu (WO 2016106500 A1), as applied to claim 11 above, and further in view of Fraser (US 20200000151 A1).
With regard to Claim 12, modified Qiu ‘961 teaches all of the limitations of the claims as set forth above, however modified Qiu is silent to:
A flexible buffering docking member
The flexible buffering docking member at least partially abutting between the vaporization assembly and the auxiliary member
PNG
media_image18.png
474
286
media_image18.png
Greyscale
In regards to i., Fraser, directed to a vapor provision device, teaches buffers (Fig. 5: #50) with non-rigid buffer material [0064] in which a reservoir rests on (Fig. 5: #3), meeting the claim limitation of a flexible buffering docking member. A person of ordinary skill in the art would have been motivated to apply the buffer of Fraser to modified Qiu to absorb leaked liquid in the device [0041].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporizer of modified Qiu ‘961 to include flexible buffering docking member because both Qiu ‘961 and Fraser are directed to atomization devices preventing liquid leakage. Fraser teaches a buffer with non-rigid buffer material to absorb incident source liquid [0041] and stored for later consumption [0042] and this merely involves the use of a known buffering technique to improve a similar atomization device in the same way.
PNG
media_image19.png
342
349
media_image19.png
Greyscale
PNG
media_image20.png
510
312
media_image20.png
Greyscale
In regards to ii., Liu teaches an annular protrusion (Fig. 6: #212), relating to the docking member, that abuts against the inlet of an atomizing chamber [0051], relating to the vaporization assembly, and the movable core rod (Fig. 9: #23), meeting the claim limitation of wherein the flexible buffering docking member at least partially abutting between the vaporization assembly and the auxiliary member.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one ordinary skill in the art the modify the flexible buffering docking member of modified Qiu ‘961 to at least partially abut between the vaporization assembly and the auxiliary member because both Qiu ‘961 and Liu are directed towards atomization devices focused on leakage prevention. Liu teaches an annular protrusion that abuts against the inlet of the atomizing chamber and the movable core rod to assist with the stability of a mechanism opening and closing the airway [0056] and this merely involves applying a known docking member arrangement to a similar atomization device to yield predictable results.
With regard to Claim 13, modified Qiu ‘961 teaches all of the limitations of the claims as set forth above, however modified Qiu ‘961 is silent to:
Wherein the auxiliary member is folded at the abutting end to form a flange portion
Wherein the buffering docking member abuts the flange portion
PNG
media_image20.png
510
312
media_image20.png
Greyscale
Liu teaches wherein (i) a movable core rod includes a limiting protrusion (Fig. 9: #235), relating to a flange, on its outer side [0062] in the direction of the annular protrusion (Fig. 9: #212), meeting the claim limitation of wherein the auxiliary member is folded at the abutting end to form a flange portion. (ii) Figure 9 shows where the annular protrusion, relating to the buffering docking member, is bordering the limiting protrusion (Fig. 9: #235), meeting the claim limitation of wherein the buffering docking member abuts the flange portion.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art the modify the auxiliary member of modified Qiu ‘961 to be folded at the abutting end to form a flange portion and wherein the buffering docking member abuts the flange portion because both Qiu ‘961 and Liu are directed towards atomization devices focused on leakage prevention. Liu teaches a movable core rod with a limiting protrusion to limit and seal around a sleeve of the device [0062] and this merely involves applying a known flange technique to improve a similar atomization device to yield predictable results.
Claims 26 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu (WO 2021012961 A1, hereinafter citations referring to English Machine Translation and referred to as Qiu '961), Kim (KR 20110010862 U), Huang (CN 112021658 A), Qiu (CN 113068863 A), Peng (CN 113243561 A), as applied to claim 8 above, and further in view of Zhu (CN 113208186 A, hereinafter citations referring to English Machine Translation).
With regard to Claim 26, modified Qiu ‘961 teaches all the limitations of the claims as set forth above, however modified Qiu ‘961 is silent to:
Wherein the vaporization assembly is configured to push the auxiliary member from the first position to the second position after the vaporization medium is injected into the liquid storage cavity
PNG
media_image21.png
432
380
media_image21.png
Greyscale
Zhu, directed to an atomizer with a separated oil core, teaches an atomizing core (Fig. 1: #20) that is configured to push an oil-blocking component (Fig. 1: #40) upward from a sealed position to an unsealed position [0040]. The sealed position corresponds to a sealed or filling state where liquid is retained in the cavity [0047] and the push activated transition occurs afterward during device use [0048], wherein an oil cup comprising the smoking material is inverted for liquid injection [0055]. One of ordinary skill in the art would have found it obvious that the action of pushing the oil-blocking component occurs after liquid injection, to avoid oil from leaking or prematurely entering the atomizing core [0002].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporization assembly of modified Qiu ‘961 to be configured to push the auxiliary member from the first position to the second position after the vaporization medium is injected into the liquid storage cavity because both Qiu ‘961 and Zhu are directed to avoiding leakage in aerosol generating devices. Zhu teaches an oil blocking component that is pushed by an atomizing core after liquid injection to avoid oil from leaking or prematurely entering the atomizing core [0002] and this merely involves applying a known sealing arrangement to known atomizer structure ready for improvement to yield predictable results.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu (WO 2021012961 A1, hereinafter citations referring to English Machine Translation and referred to as Qiu '961), and further in view of Chen (CN 113287790 A, hereinafter citations referring to English Machine Translation), Kim (KR 20110010862 U, hereinafter citations referring to English Machine Translation), Huang (CN 112021658 A, hereinafter citations referring to English Machine Translation), Qiu (CN 113068863 A, hereinafter citations referring to English Machine Translation and referred to as Qiu ‘863), and Peng (CN 113243561 A, hereinafter citations referring to English Machine Translation)
PNG
media_image1.png
581
370
media_image1.png
Greyscale
With regard to Claim 27, Qiu ‘961 teaches (i) a liquid storage member (Fig. 9: #10) provided with a liquid storage chamber (Fig. 9: #101, [0043]) containing a smoke outlet passage (Fig. 9: #120). Qiu ‘961 teaches all of the limitations of the claims as set forth above, however Qiu ‘961 is silent to:
The inhalation channel forming a limiting step surface on the suction nozzle end of the liquid storage member
An auxiliary member comprising a tubular portion and a flange portion
A first end of the tubular portion being removably inserted in the inhalation channel via an inner end opening of the inhalation channel
A second end of the tubular portion comprising an abutting end, the flange portion being formed at the abutting end of the tubular potion
The flange portion being disposed outside the inhalation channel
Wherein the abutting end of the tubular portion protrudes from the inner end opening of the inhalation channel when the auxiliary member is at the first position
A side surface of the tubular portion forms a boundary of the liquid storage cavity
A portion of an outer surface of the tubular portion is exposed outside the inhalation channel
The outer surface of the tubular portion constructs at least a partial boundary of the liquid storage cavity
Wherein the limiting step surface limits the auxiliary member from protruding out of the suction nozzle end
A vaporization assembly configured to push the auxiliary member from the first position to the second position by abutting the abutting end of the auxiliary member
A vaporization assembly configured to abut the auxiliary member when the auxiliary member is at a second position, such that the vaporization assembly at least partially replaces the outer surface of the auxiliary member to construct at least a partial boundary of the liquid storage cavity
PNG
media_image12.png
481
257
media_image12.png
Greyscale
In regards to i. and x., Chen, directed to electronic atomization equipment and an atomization device, teaches (i) wherein an inner wall defining air intake channel (Fig. 4: #12) within the suction nozzle (Fig. 4: #12) includes a limiting step surface (Fig. 4: “LSS”) adjacent to the suction nozzle end (Fig. 4: #12) of the liquid storage member (Fig. 4: #14). It would have been obvious to a person of ordinary skill in the art that a transition from a channel with a larger to smaller size would result in a decrease in the amount or speed of air flowing through the smaller channel, therefore meeting the claim limitation of where the inhalation channel or the shell portions forms a limiting step surface (Fig 4: "LSS") on the suction nozzle end. (x) The limiting step surface (Fig. 4: "LSS") is configured between the air intake channel (Fig. 4: #121) of the suction nozzle (Fig. 4: #12) and the air duct (Fig. 4: #13), meeting the claim limitation of wherein the limiting step surface is configured to limit the auxiliary member from protruding out of the suction nozzle.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the inhalation channel of modified Qiu ‘961 wherein the inhalation channel forms a limiting step surface on the suction nozzle end of the liquid storage member and the limiting step surface limits the auxiliary member from protruding out of the suction nozzle end because both Qiu ‘961 and Chen are directed to ensuring tight contact between components of an atomization device. Chen teaches an air duct within a shell of the device and a narrow air intake channel combined with the air duct to form a limiting step, leading to a suction nozzle, to ensure the consistency of temperature distribution when atomizing [0024] which merely involves applying a known limiting step technique to a similar atomization device to yield predictable results.
PNG
media_image2.png
567
433
media_image2.png
Greyscale
In regards to ii., iii., iv., and v., Kim, directed to a cartridge having a pulverizer for an electronic cigarette, teaches (ii) an auxiliary packing (Fig. 3: #22) with a tubular portion (Fig. 3: "T") and a flange (Fig. 3: #24, [0022]). (iii) The top of the tubular portion (Fig. 3: "T") can be combined with an open end of a suction pipe (Fig. 3: #20, [0022]). (iv) The opposite end of the tubular portion of the auxiliary packing (Fig. 3: #22) abuts with the flange (Fig. 3: #24). (v) The diameter of the flange (Fig. 3: #24) is larger in diameter compared to the tubular portion (Fig. 3: "T") and the suction pipe (Fig. 3: #20). A person of ordinary skill in the art would realize that based on the dimensions of the flange, the flange would not fit into the suction pipe (Fig. 3: #20), making it remain in contact with the lower end and disposed outside of the suction pipe (Fig. 3: #20, [0022]). A person of ordinary skill in the art would be motivated to apply the features of the auxiliary packing of Kim to Qiu ‘961 to avoid continuous use of the vaporizer [0006].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the liquid storage member of Qiu ‘961 to include an auxiliary member comprising a tubular portion and a flange portion; a first end of the tubular portion being removably inserted in the inhalation channel via an inner end opening of the inhalation channel and a second end of the tubular portion comprising an abutting end; the flange portion being formed at the abutting end of the tubular portion and disposed outside the inhalation channel because both Qiu ‘961 and Kim are directed to controlling the flow of liquid supplied to an atomization component for smoking efficiency. Kim teaches an auxiliary packing inserted into a suction tube, with a flange portion to avoid continuous use of the vaporizer and maintain efficiency [0006[ and this merely involves applying a known features of an auxiliary component of a known aerosol generating device ready for improvement to yield predictable results.
PNG
media_image3.png
307
267
media_image3.png
Greyscale
PNG
media_image4.png
299
324
media_image4.png
Greyscale
In regards to vi. and viii., Huang, directed to a device for assisting in opening oil and an aerosol generating device, teaches (vi) an auxiliary silicone (Fig. 2: #16) that passes through the connecting silicone (Fig. 2: #13), the atomizing core (Fig. 2: #14), and the air passage tube (Fig. 2: #12) in sequence [0054], wherein the supporting part (Fig. 2: #161) abuts against the connecting groove (Fig. 2: #131) of the connecting silicone (Fig. 2: #13, [0054]). One of ordinary skill in the art would understand that if the auxiliary silicone (Fig. 2: #16) passes through the connecting groove (Fig. 2: #131) of the connecting silicone (Fig. 2: #13) first and the atomizing core (Fig. 2: #14) is after the connecting silicone (Fig. 2: #13) in sequence, the supporting part (Fig. 2: #161) of the auxiliary silicone (Fig. 2: #16) would protrude passed an inner end opening (Fig. 2: "IO") of the air passage tube (Fig. 2: #12) at a first position.
(viii) An extension part (Fig. 2: #162) of the auxiliary member (Fig. 2: #16) extends outwardly from the airway tube (Fig. 2: #12) when the auxiliary member is in a first position, and cooperates with surrounding walls of the liquid storage member to confine liquid.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the auxiliary member of modified Qiu ‘961 to wherein the abutting end of the tubular portion protrudes from the inner end opening of the inhalation channel when the auxiliary member is at the first position and a portion of an outer surface of the tubular portion is exposed outside the inhalation channel, because both Qiu ‘961 and Huang are directed to preventing leakage of aerosol generating material. Huang teaches an auxiliary component that extends out from an airway tube, controlling the flow of liquid form the liquid cavity to prevent leakage and controlled oil flow in aerosol generating devices [0008-0009] and this merely involves applying known positioning techniques of an auxiliary member to a known aerosol generating device ready for improvement to yield predictable results.
PNG
media_image5.png
603
406
media_image5.png
Greyscale
PNG
media_image6.png
616
361
media_image6.png
Greyscale
In regards to vii. and ix, Qiu ‘863, directed to an atomizer and aerosol generating device, teaches (viii) a movable component (Fig. 3: #60) comprising a ventilation tube (Fig. 3: #61, [0057]), relating to the tubular portion of the claimed invention. The ventilation tube (Fig. 6: #61) creates an internal boundary of the liquid storage cavity (Fig. 6: #101). (ix) The outer surface of the ventilation tube (Fig. 3: #61) jointly creates the internal boundary of the liquid storage cavity (Fig. 6: #101) with the inner surface of the ventilation tube (Fig. 3: #61). One of ordinary skill in the art would understand that this structural layout would limit upward movement of the liquid and thereby determine an effective level to which liquid accumulates within the cavity. Further, one of ordinary skill in the art would have been motivated to combine the tubular portion and inhalation channel of modified Qui ‘916 with the positioning of Qiu '863 to prevent leakage of the aerosol forming matrix [0061].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the tubular portion of modified Qiu ‘916 such that a side surface of the tubular portion forms a boundary of the liquid storage cavity and an outer surface of the tubular portion constructs at least a partial boundary of the liquid storage cavity because both Qiu ‘916 and Qiu '863 are directed to preventing leakage in aerosol generating devices. Qiu '863 teaches a ventilation tube creating an internal boundary of a liquid storage cavity to prevent leakage of the aerosol forming matrix [0061] and this merely involves combing prior art elements according to known sealing configurations to yield predictable results.
PNG
media_image7.png
749
266
media_image7.png
Greyscale
In regards to xi and xii, Peng, directed to an oil sump assembly, teaches (xi) a heating element (Fig. 3: #300) connected to an oil tank assembly (Fig. 3: #100, [0035]). The heating element (Fig. 3: #300) is configured to abut and push against a movable plug (Fig. 3: #130) into a position that allows e-liquid to enter a guide channel [0035], improving assembly time and ease of use to the atomizing element (Fig. 3: #320, [0040]). (xii) When the heating element (Fig. 3: #300) abuts against the movable plug (Fig. 3: #130), the movable plug (Fig. 3: #130) is displaced form its sealing position [0039, 0049], and as a result, the heating element (Fig. 3: #300) occupies at least part of the area previously bounded by the outer surface of the movable plug (Fig. 3: #300) within the oil tank assembly (Fig. 3: #100).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporization assembly of modified Qiu ‘916 to comprise a vaporization assembly configured to push the auxiliary member from the first position to the second position by abutting the abutting end of the auxiliary member, such that the vaporization assembly at least partially replaces the outer surface of the auxiliary member to construct at least a partial boundary of the liquid storage cavity because both Peng and Qiu ‘916 are directed to providing easy installation of components of aerosol generating devices for user convenience. Peng teaches a heating element that pushes movable plug to improve assembly time and ease of use to the atomizing element [0040] and this merely involves combing prior art elements according to known assembly methods to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at 571-270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
Prosecution Insights