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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/14/2025 has been entered.
Status of the Claims
Claims 1-14 are currently pending and are subject to this office action. Claims 1, 3, and 11 are amended. This office action is in response to Applicant’s amendment filed on 11/24/2025.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 11/24/2025 containing amendments and remarks to the claims.
In response to Applicant’s amendments filed 11/24/2025 , the Examiner withdraws the 35 U.S.C. 112(b) rejection to claim 3 for lack of antecedent basis.
Response to Arguments
Applicant’s arguments, on pages 6-13, filed 11/24/2025, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are not persuasive. The Applicant has amended claim 1 to include a limitation that was not previously presented, specifically, “wherein the battery bin and the cigarette cartridge bin are arranged side-by-side along a horizontal axis of the housing body”. The Applicant argues that Yu does not teach the second airflow channel configured to direct airflow exclusively to the microphone, there is no motivation to combine Zhang and Yu, and that there is improper reasoning for the combination.
The Examiner respectfully disagrees. The broadest reasonable interpretation of "exclusively" can be seen as "only" or "solely". However, the Applicant broadens the scope of the term exclusivity beyond what is stated in the claim. The language of claim 1 applies to the function and role of the second airflow channel, not to the overall airflow structure of the device. Thus, the requirement for exclusivity applies to what the second airflow channel is used for. Yu discloses a second airflow channel disposed in the housing [0062], wherein gas from the second airflow channel passes through the microphone control unit to control opening and closing of the heating unit [0069]. Aerosol generation occurs only after the heating unit is activated, based on the information received from the microphone control unit. Therefore, the second airflow's sole purpose is sensing airflow to facilitate opening and closing of the heating unit. When read in context, the previous office action explains how airflow paths may differ while still meeting the claimed functional limitation. The rejection is supported by Yu and does not concede the absence of an exclusive second airflow channel.
The "same result" as mentioned in the prior office action, relates to the specific outcome of airflow being detected by the microphone control unit, which triggers an action when airflow is sensed. Sine Yu teaches using a microphone-controlled airflow path to trigger heating control, and Zhang provides a compatible atomizer structure, one could reasonably expect that the combination would yield the same functional result. Both Yu and Zhang are directed to aerosol generating devices that rely on user inhalation for atomization and airflow to move through the device, and Yu explicitly teaches using airflow sensed through a microphone to control operation of a heating unit, further improving the airflow-based control function of Zhang.
Further, the prior action’s statement regarding threshold adjustment is not used to say that changing a threshold creates an exclusive airflow channel. Rather, that once the microphone-based airflow sensing function of Yu is present, differences in airflow between different channel configurations can be accommodated through proper threshold assignment. The second airflow channel directing airflow to the microphone is taught by Yu. The threshold change merely explains how one of ordinary skill in the art could change the behavior of the microphone control unit to function within the structure of Zhang. Yu explicitly discloses wherein the microphone control unit detects airflow or pressure, compares detects values to a set threshold, and opens or closes the heating unit based on that threshold [0068-0069]. Once a microphone-controlled airflow system is used, it is known in the art that airflow may vary based on the location of channels within a device and that thresholds are calibrated to account for these differences. This rationale is not based solely on common knowledge, but is based on Yu's disclosure of threshold-based control.
Applicant’s arguments, on pages 13-18, filed 11/24/2025, with respect to the rejection of claim 4 under 35 U.S.C. 103 have been fully considered and are not persuasive. The Applicant argues that Tang does not teach a gap and further contends that because the gap is absent, Tang also does not teach a second airflow channel defined by the air inlet hole, the mounting groove, the air outlet hole, the first opening, the gap, and the second opening.
The Examiner respectfully disagrees. Under broadest reasonable interpretation, and as mentioned by the Applicant, a gap includes “a break in continuity especially of structure” or “a separation in space”. This definition does not require a gap to be an empty space itself, but to create a separation between two different structures, further supported by the language of claim 4 that recites, "a gap is defined between a side wall of the cigarette cartridge, and an inner wall of the cigarette cartridge bin". The air guide structure of Tang creates a separation in space between the heating component and mouthpiece shell. Moreover, assuming that the air guide structure of Tang could not be considered and claimed as the "gap", Tang explicitly teaches that air flows through the air guide structure between the air inlet and the air outlet, wherein the air guide structure is between the heating component and mouthpiece shell, as seen in Figure 14. Airflow cannot occur through a solid region without some type of spatial separation allowing passage of air. Therefore, the existence of airflow also equates to the existence of a space or clearance for air to pass through.
Furthermore, the second airflow channel can be seen as an airflow path formed by multiple interconnected structures based on it being defined by the air inlet hole, mounting groove, air outlet hole, first opening, gap, and second opening as described in claim 4. Tang discloses an air inlet (Fig. 4: #321), a through hole connected to a microphone (Fig. 4: #31A), a mounting groove (Fig. 4: #313A), an air guide structure (Fig. 14: #70), and an air outlet (Fig. 14: #204) to describe the path of air through the device [0071], defining the second airflow channel.
The following are modified rejections based on Applicant’s amendments to the claims.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 115568631 A, hereinafter citations referring to English Machine Translation), and further in view of Novak (US 2020113242 A1), Liu (US 20150189919 A1), Shen (WO 2022250501 A1, hereinafter citations referring to English language equivalent US 2025082036 A1), and Yu (CN 111642806 A, hereinafter citations referring to English Machine Translation).
PNG
media_image1.png
309
470
media_image1.png
Greyscale
With regard to Claim 1, Zhang, directed to a separation structure of an electronic cigarette, teaches (i) an electronic cigarette [n0033] with a surrounding shell (Fig. 2: "S"). The electronic cigarette comprises a suction nozzle (Fig. 2: #140) that encapsulates an oil storage tube (Fig. 2: #115) and allows smoke to be sucked out through the suction nozzle [n0037], meeting the claim limitation of a cigarette holder. The electronic cigarette further includes a bottom cover (Fig. 1 and 2: #130, [n0039]).
Zhang further teaches wherein (ii) the shell (Fig. 2: "S") of the electronic cigarette comprises an oil storage tube (Fig. 2: #115) in the left side of the device and a battery compartment (Fig. 2: #122) in the right side of the device [n0038]. (iii) The battery compartment (Fig. 2: #122) is of a battery assembly housing and has a replaceable battery structure, allowing the battery to be taken out [n0034].
Zhang also teaches (iv) a connection bracket (Fig. 2: #131) defined at the bottom of the electronic cigarette. The connection bracket is arranged between an atomizer assembly housing (Fig. 1: #110) and a battery assembly (Fig. 1: #120), creating a connection between the oil storage tube of the atomizer assembly and a battery of the battery compartment (Fig. 1: #122, [n0039]), meeting the claim limitation of a first opening defined at a first end of the housing body, the first opening is communicated with the battery bin and the cigarette cartridge bin.
Furthermore, (v) the suction nozzle (Fig. 2: #140), at the top of the device, allows smoke from an airway to be sucked out to be received by the user [n0037]. A person of ordinary skill in the art would understand that for smoke to leave through the suction nozzle, the suction nozzle must comprise an opening, meeting the claim limitation of a second opening defined at a second end of the housing body. The smoke sucked through the suction nozzle is received when the atomizer core (Fig. 2: #112) is energized and smoke oil is in the oil storage tube (Fig. 1: #115) is atomized, meeting the claim limitation of wherein the second opening is communicated with the cigarette cartridge bin. (vi) The suction nozzle (Fig. 2: #140) is located at the top end of the device and contains the second opening for allowing smoke to be received by the user.
Zhang further teaches (vii) a connecting circuit in the connection bracket (Fig. 2: #131), wherein the connection bracket is arranged in the bottom cover (Fig. 2: #130, [n0039]). The connecting circuit in the connecting bracket (Fig. 2: #131) is connected to a conductive spring (Fig. 2: #123, [[0040]), that may also be referred to as a conductive spring pin [n0042]. (viii) The conductive spring pin (Fig. 2: #123) extends out from the direction of the bottom cover (Fig. 2: #130). (ix) The connecting circuit connects to an atomizer core of the atomizer assembly (Fig. 1: 110) containing the oil storage tube (Fig. 2: #115, [n0039]), meeting the claim limitation of wherein the cigarette cartridge is in contact with the PCB.
(x) While the bottom cover (Fig. 2: #130) is disposed at an end of the device with the connecting bracket (Fig. 2: #131) in the shell (Fig. 2: "S"), the upward end of the conductive spring pin (Fig. 2: #123) is connected to the positive/negative pole of the battery [n0040], while oil storage cotton (Fig. 2: #114) of the oil storage tube (Fig. 2: #115) remains in the atomizer assembly (Fig. 1: #110). A person of ordinary skill in the art would realize that it would be simple to modify the conductive spring of Zhang to result in the ejector pin of the claimed invention, because both share the same connecting function and location as specified in the claimed invention, meeting the claim limitation of when the base is disposed at one end, in proximity to the first opening, of the housing body, the ejector pin is in contact with the battery, and the cigarette cartridge is just located in the cigarette cartridge bin.
Zhang further teaches (xi) an air duct (Fig. 2: #113), meeting the claim limitation of a first airflow channel, that receives atomized smoke from the atomizer core (Fig. 2: #112) and drives it towards the suction nozzle (Fig. 2: #140) to be received by a user. (xii) The oil storage tube (Fig. 2: #115) and the battery compartment (Fig. 2: #122) are arranged side by side along a horizontal axis of the shell (Fig. 2: “S”). Zhang teaches all the limitations of the claims as set forth above, however Zhang is silent to:
A mounting hole further defined on the base
Wherein the mounting hole is a through hole, and the cigarette cartridge is detachably connected to the mounting hole
An air inlet further defined on the base, the air inlet hole is communicated with the mounting hole
When the cigarette cartridge is disposed in the mounting hole
Wherein the PCB controls opening or closing of the cigarette cartridge
A microphone, the microphone being electrically connected to the PCB, and the microphone being configured to sense air passing therethrough
The second airflow channel being configured to direct a second airflow exclusively to the microphone, wherein the second airflow serves only as a switch airflow to be sense by the microphone for controlling opening or closing of the cigarette cartridge via the PCB
PNG
media_image2.png
561
367
media_image2.png
Greyscale
PNG
media_image3.png
280
225
media_image3.png
Greyscale
In regards to i., iii., and iv., Novak, directed to an aerosol delivery device, teaches (i) a bottom cap (Fig. 8: #326) with an internal space (Fig. 8: "S") for receiving the bottom end of a tank (Fig. 8: #310, [0136]) of the cartridge (Fig. 8: #300). (iii) The bottom cap (Fig. 8: #326) of the cartridge (Fig. 8: #300) includes an air inlet channel (Fig. 9B: #330) that has a portion starting at the bottom surface of the bottom cap (Fig. 8: #326) and leads to a vaporization chamber (Fig. 8: #332) inside the device.
A person of ordinary skill in the art would realize that the vaporization chamber is above the location of the bottom cap, meaning that the air inlet would have to pass through the internal space (Fig. 8: "S") of the bottom cap (Fig. 8: #326) to reach it, meeting the claim limitation of wherein an air inlet hole is further defined on the base, the air inlet hole is communicated with the mounting hole. (iv) The bottom cap (Fig. 8: #326) receives the bottom end of the tank (Fig. 8: #310) of the cartridge (Fig. 8: #300), meeting the claim limitation of the cigarette cartridge disposed in the mounting hole.
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 base of Zhang to comprise a mounting hole configured to mount a cigarette cartridge and an air inlet communicated with the mounting hole; wherein the cigarette cartridge is disposed in the mounting hole because both Zhang and Novak are directed to separated aerosol generating and power sections for an aerosol generating device. Novak teaches a bottom cap with an internal space to receive the bottom of a cartridge and an air inlet channel in the bottom cap to bring in air that travels around the outside of the cartridge (Fig. 7: #300) to enter a vaporization chamber [0159] and this merely involves applying known mounting hole and inlet features in a similar base of a cartridge of an aerosol generating device to yield predictable results.
PNG
media_image4.png
690
337
media_image4.png
Greyscale
In regards to ii., Liu, directed to an electronic cigarette, teaches wherein a cartridge seat (Fig. 4: 371) used for sealing the bottom of a cartridge [0007], relating to the mounting seat of the claimed invention, disposes a mounting hole that goes axially through the cartridge seat [0039], meeting the claim limitation of a through hole. The mounting hole is used to install and fix a liquid-isolating tube (Fig. 4: #72) which holds the aerosol generating material. One of ordinary skill in the art would understand by the use of the phrase “used to install and fix”, the phrase suggests that two components are joined together and not integral with the cartridge seat. Further, the phrase “inserts into the cartridge from the mounting hole” [0039], discloses an action of placing one part into another, again pointing to separable parts.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one on ordinary skill in the art to modify the mounting hole of modified Zhang to comprise a through hole and the cartridge is detachably connected to the mounting hole, because both Zhang and Liu are directed to foundations for supporting enclosures for aerosol generating material. Liu teaches a cartridge seat with a mounting hole that goes axially through the cartridge seat to install and fix a liquid-isolating tube into place [0039] and this merely involves applying a known mounting feature to a mount of another aerosol generating device ready for improvement to yield predictable results.
In regards to iv., Shen, directed to an electronic cigarette, teaches a control part that includes a cartridge control portion connected to a cover open and close confirmation portion of the cartridge [0031]. A person of ordinary skill in the art would understand that in electrical systems, being “open” and/or “closed” can refer to the on/off state of circuits or components. Therefore, controlling the electrical supply to the cartridge reasonably falls within the scope of “controlling opening or closing” and a person of ordinary skill in the art would find it obvious to combine the circuit of modified Zhang with the control mechanisms of Shen to facilitate the opening and closing of a cartridge and stop unnecessary power consumption [0043], meeting the claim limitation of wherein the PCB controls opening or closing of the cigarette cartridge.
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 circuit of modified Zhang to control the opening or closing of the cigarette cartridge because both Zhang and Shen are directed to preventing damage in aerosol generating devices. Shen teaches a control part that connects to a cover open and close confirmation portion of a cartridge to block supply of electrical energy to the cartridge part to stop unnecessary power consumption [0043], and this merely involves applying a known controlled open and closing mechanism to a similar aerosol generating device ready for improvement to yield predictable results.
In regards to vi., and vii., Yu, directed to an aerosol generating system, teaches wherein (vi) a control unit is an integrated microphone control unit comprising an air flow sensor [0068]. A person of ordinary skill in the art would see it as a simple modification to separate the microphone from the control unit, while keeping them connected, to produce the same result. (vii) A second airflow channel is disposed in a housing of the device [0062]. The gases of the second air flow channel pass through the microphone control unit to control the opening or closing of a heating unit [0068] to not hinder a user’s inhalation by the heating element [0006]. The effect of the difference in flow between the exclusive and non-exclusive paths can be made up for by simply changing the threshold designated by a user to open or close the heating unit in the microphone control unit and can be applied to the cartridge of Zhang.
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 atomizer of Zhang to comprise a microphone electrically connected to the PCB, and the microphone being configured to sense air passing therethrough and a second airflow channel configured to direct a second airflow exclusively to the microphone, wherein the second airflow serves only as a switch airflow to be sense by the microphone for controlling opening or closing of the cigarette cartridge via the PCB because both Zhang and Yu are directed to airflow based functionality of an aerosol generating device. Yu teaches a microphone control unit to control the opening or closing of a heating unit [0068] and this merely involves applying a known microphone component to a known aerosol generating device ready for improvement to yield predictable results.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 115568631 A, hereinafter citations referring to English Machine Translation), Novak (US 2020113242 A1), Liu (US 20150189919 A1), and Shen (WO 2022250501 A1), as applied to claim 1 above, and further in view of Chen (CN 114431534 A, hereinafter citations referring to English Machine Translation).
With regard to Claim 2, modified Zhang teaches all the limitations of the claims as set forth above, however modified Zhang is silent to:
Wherein a magnet is disposed on the housing body and/or the base
Wherein the base is detachably connected to the housing body through the magnet
PNG
media_image5.png
298
308
media_image5.png
Greyscale
PNG
media_image6.png
501
304
media_image6.png
Greyscale
Chen, directed to an aerosol generating device, teaches wherein (i) a bottom shell (Fig. 4: #116) of the device is provided with a first magnetic member (Fig. 4: #18, [n0039]). (ii) An aerosol generating mechanism (Fig. 2: #10) and a power control mechanism (Fig. 2: #20), making up the body of the device, are magnetically attracted by the first magnetic member (Fig. 4: #18) and a second magnetic member (Fig. 4: #28). One of ordinary skill in the art would realize that the components are held together by magnetic attraction, and if loss in attraction occurred, the components would no longer be connected.
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 base of modified Zhang to include a magnet and to be detachably connected to the housing body through the magnet because both Zhang and Chen are directed to bases with side-by-side aligned atomizing and power compartments of an aerosol generating device. Chen teaches a bottom shell of a device with a magnetic member to magnetically attract the aerosol generating mechanism and power control mechanism by the bottom shell and this merely involves applying a known attaching mechanism to a similar base configuration of an aerosol generating device ready for improvement to yield predictable results.
Claims 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 115568631 A, hereinafter citations referring to English Machine Translation), Novak (US 2020113242 A1), Liu (US 20150189919 A1), Shen (WO 2022250501 A1), and Yu (CN 111642806 A), as applied to claim 1 above, and further in view of Li (CN 217658163 U, hereinafter citations referring to English Machine Translation).
With regard to Claim 3, modified Zhang teaches all the limitations of the claims as set forth above, however modified Zhang is silent to:
A cavity is communicated with the air inlet hole and the mounting hole
PNG
media_image7.png
407
164
media_image7.png
Greyscale
PNG
media_image8.png
260
205
media_image8.png
Greyscale
PNG
media_image9.png
389
260
media_image9.png
Greyscale
Li, directed to an electronic atomizer, teaches wherein (ii) a first mounting cavity (Fig. 16: #141) comprises a microphone seat (Fig. 21: #42) that contains first and second airflow guide holes (Fig. 21: #423 and Fig. 20: 439) and a mounting hole (Fig. 21: #421, [n0076]), wherein the airflow guide holes are used to trigger the microphone and transmit a signal to start heating of atomization liquid [n0078].
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 base of modified Zhang to include a cavity in communication with the air inlet hole and mounting hole because both Zhang and Li are directed to providing only smoke of aerosol generating material to a user and stopping harmful substances. Li teaches a mounting cavity of a mounting bracket in a device communicated with airflow guide holes to transmit a signal to heat atomization liquid [n0078] and this merely involves the use of known sensing techniques to improve airflow of similar aerosol generating devices in the same way.
With regard to Claim 11, modified Zhang teaches all the limitations of the claims as set forth above, however modified Zhang is silent to:
A cavity is communicated with the air inlet hole and the mounting hole
PNG
media_image7.png
407
164
media_image7.png
Greyscale
PNG
media_image8.png
260
205
media_image8.png
Greyscale
PNG
media_image9.png
389
260
media_image9.png
Greyscale
Li, directed to an electronic atomizer, teaches wherein (ii) a first mounting cavity (Fig. 16: #141) comprises a microphone seat (Fig. 21: #42) that contains first and second airflow guide holes (Fig. 21: #423 and Fig. 20: 439) and a mounting hole (Fig. 21: #421, [n0076]), wherein the airflow guide holes are used to trigger the microphone and transmit a signal to start heating of atomization liquid [n0078].
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 base of modified Zhang to include a cavity in communication with the air inlet hole and mounting hole because both Zhang and Li are directed to providing only smoke of aerosol generating material to a user and stopping harmful substances. Li teaches a mounting cavity of a mounting bracket in a device communicated with airflow guide holes to transmit a signal to heat atomization liquid [n0078] and this merely involves the use of known sensing techniques to improve airflow of similar aerosol generating devices in the same way.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 115568631 A, hereinafter citations referring to English Machine Translation), Novak (US 2020113242 A1), Liu (US 20150189919 A1), Shen (WO 2022250501 A1), Yu (CN 111642806 A), and Li (CN 217658163 U), as applied to claims 1 and 3 above, and further in view of Tang (CN 113455716 A, hereinafter citations referring to English Machine Translation).
With regard to Claim 4, modified Zhang teaches all the limitations of the claims as set forth above, however modified Zhang is silent to:
Wherein a mounting groove is defined in the cavity of the base, the microphone is disposed in the mounting groove
An air outlet is defined on the base, the air outlet hole is communicated with the mounting groove
When the base is disposed on the housing body, the air outlet hole is communicated with the first opening with respect to the cigarette cartridge bin
A part of the second airflow entering from the air inlet hole is discharged out of the base form the air outlet hole after passing through the microphone
A gap is defined between a side wall of the cigarette cartridge and an inner wall of the cigarette cartridge bin
The gap is communicated with the first opening and the second opening
The second airflow channel is defined by the air inlet hole, the mounting groove, the air outlet hole, the first opening, the gap, and the second opening
PNG
media_image10.png
430
394
media_image10.png
Greyscale
PNG
media_image11.png
483
298
media_image11.png
Greyscale
PNG
media_image12.png
407
192
media_image12.png
Greyscale
Tang, directed to an electronic cigarette, teaches (i) a mounting groove (Fig. 4: #313A) disposed in a switch assembly (Fig. 4: #30) provided with a base (Fig. 1: #30), where a microphone is disposed in the mounting groove (Fig. 4: #313A, [n0062]). (ii) A ventilation hole (Fig 4: #33C) is provided in the mounting groove (Fig. 4: #313A) of a base body (Fig. 4: #311) as shown by Figure 4, wherein the base body is included in the base (Fig. 1: #31, [n0048]), meeting the claim limitation of wherein an air outlet is defined on the base, the air outlet hole is communicated with the mounting groove. (iii) When the base (Fig. 1: #30) is attached, the ventilation hole (Fig. 4: #33C) is in communication with an air inlet (Fig. 1: #321), related to the first opening of the claimed invention, through a through hole (Fig. 2: #31A, [n0064 and n0049]). The airflow is directed towards a microphone, which based on pressure, starts atomization within a cigarette cartridge structure [n0052].
Tang further teaches (iv) wherein a microphone (Fig. 4: #34) controls generation based on smoke from an air inlet in the base of the device [0049] to a through hole (Fig. 14: #31A) leaving the base. One of ordinary skill in the art would find it obvious to combine this with the second airflow of modified Zhang after the airflow is used to start atomization, meeting the claim limitation of wherein a part of the airflow entering from the air inlet hole is discharged out of the base form the air outlet hole after passing through the microphone.
The device comprises an (v) air guide structure (Fig. 14: #70, [0017]), meeting the claim limitation of a gap. The air guide structure is arranged between a heating component (Fig. 14: #90) and the mouthpiece shell (Fig. 14: #20). (vi) The air guide structure has an air hole used to connect two openings, the air inlet (Fig. 1: #321) and the air outlet (Fig. 14: #20A, [0071]), meeting the claim limitation of wherein the gap is communicated with the first opening and the second opening. (vii) The air inlet (Fig. 4: #321) is connected to a through hole (Fig. 4: #31A) which is connected to the microphone [0049]. The air that passes through the microphone in the mounting groove (Fig. 4: #313A) leaves the base through the through hole (Fig. 4: #31A) and the air guide structure has an air hole used to connect two openings, the air inlet (Fig. 1: #321) and the air outlet (Fig. 14: #20A, [0071]), relating to each part that defines the second airflow 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 base of modified Zhang by including a mounting groove with a microphone, air outlet hole, a gap defined between a side wall and inner wall communicated with the first and second opening, and wherein the second airflow channel is defined with the air inlet hole, mounting groove, outlet hole, first opening, the gap, and the second opening because both Zhang and Tang are directed to base components of electronic vaporization devices. Tang teaches a mounting groove comprising a microphone and ventilation hole with an air guide structure arranged between two walls of separate components to control the power supply of an air way to connect a heating wire to generate smoke [n0065] and this merely involves applying combining the components of Tang according to their known methods to yield predictable results.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 115568631 A, hereinafter citations referring to English Machine Translation), Novak (US 2020113242 A1), Liu (US 20150189919 A1), Shen (WO 2022250501 A1), Yu (CN 111642806 A), Li (CN 217658163 U), and Tang (CN 113455716 A), as applied to claims 1, 3, and 4 above, and further in view of Force (US 20210244099 A1)
With regard to Claim 5, modified Zhang teaches all the limitations of the claims as set forth above, however modified Zhang is silent to:
Wherein an extending portion opening is further defined in a position, with respect to the cigarette cartridge bin, of the first opening;
The extending portion opening is communicated with the cigarette cartridge bin, when the base is disposed on the housing body,
The air outlet hole is communicated with the extending portion opening
The airflow exhausted by the air outlet hole enters the gap through the extending portion opening
PNG
media_image13.png
299
243
media_image13.png
Greyscale
PNG
media_image14.png
271
262
media_image14.png
Greyscale
Force, directed to an airflow system for an electrically heated smoking system, teaches (i) an extending second airflow path (Claim 22, [0080]) defined above an air inlet opening (Fig. 11: #450), in a cartridge housing (Fig. 2: #4). (ii) The second airflow path flows along the borders of the cartridge housing (Fig. 2: #4), as shown by the arrows in Figure 2, while the housing is provided with an air permeable bottom (Fig. 11: #45, [0103]).
Force further teaches wherein (iii) the second airflow path receives exited air from an air inlet opening (Fig. 11: #450). (iv) The air of the second airflow path passes through longitudinal side portions (Fig. 2: #105) arranged between the cartridge housing (Fig. 2: #41) and the main housing (Fig. 2: #5, [0083]), meeting the claim limitation of wherein the airflow exhausted by the air outlet hole enters the gap through the extending portion opening.
Therefore, before the filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the electronic cigarette of modified Zhang to include an extending portion opening positioned, with respect to the cigarette cartridge bin, of the first opening; wherein the extending portion opening is communicated with the cigarette cartridge bin, when the base is disposed on the housing body, the air outlet hole is communicated with the extending portion opening, and the airflow exhausted by the air outlet hole enters the gap through the extending portion opening because both Zhang and Force are directed to cigarette cartridge enclosing structures in aerosol generating devices. Force teaches an extending second airflow path to assist in aerosol being formed by the heater [0080] and this merely involves applying a known extended opening to a similar cartridge of aerosol generating device ready for improvement to yield predictable results.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 115568631 A, hereinafter citations referring to English Machine Translation), Novak (US 2020113242 A1), Liu (US 20150189919 A1), Shen (WO 2022250501 A1), and Yu (CN 111642806 A), as applied to claim 1 above, and further in view of Zhou (CN 115191657 A, hereinafter citations referring to English Machine Translation)
PNG
media_image15.png
361
294
media_image15.png
Greyscale
PNG
media_image16.png
460
347
media_image16.png
Greyscale
PNG
media_image17.png
342
195
media_image17.png
Greyscale
With regard to Claim 6, Zhang teaches an (i) atomizer assembly housing (Fig. 3: #111) of the atomizer assembly (Fig. 1: #110) and a battery assembly housing (Fig. 3: #121) of the battery assembly (Fig. 3: #120). The housings (Fig. 3: #111 and #121) comprise a width (Fig. 2: “W”) that supports the components of the device. (ii) The battery compartment (Fig. 2: #122) and the oil storage tube (Fig. 2: #115) are arranged on the inner sides of the housings (Fig. 3: #111 and #121).
Zhang further teaches wherein (iii) the atomizer assembly housing (Fig. 3: #111) and the battery assembly housing (Fig. 3: #121) are fitted on and surrounding the widths (Fig. 3: “W”) on the inner parts of the housings. Modified Zhang teaches all the limitations of the claims as set forth above, however modified Zhang is silent to:
Wherein the cigarette cartridge bin is of a full-surrounding structure, the battery bin is of a semi-surrounding structure
PNG
media_image18.png
349
287
media_image18.png
Greyscale
Zhou, directed to an electronic cigarette, teaches an atomizing module (Fig. 1: #12), containing oil cups (Fig. 1: #121), that are surrounded by a shell (Fig. 1: #14). The atomizing module is side-by-side with a battery (Fig. 1: #131), wherein the battery is enclosed in a separate smaller area of the overall shell (Fig. 1: #14), to ease the convenience switching mouthpieces for a user [n0002].
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 bins of modified Zhang to wherein the cigarette cartridge bin is of a full-surrounding structure and the battery bin is of a semi-surrounding structure because both Zhang and Zhou are directed to side by side compartments for aerosol generating and power supply. Zhou teaches an atomizing module that is fully surrounded by a shell and a battery enclosed in a smaller area of the shell to assist in improving convenience of users when switching mouthpieces [n0002] and this merely involves applying a structural configuration to bins of a similar aerosol generating device ready for improvement to yield predictable results.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 115568631 A, citations referring to English Machine Translation), Novak (US 2020113242 A1), Shen (WO 2022250501 A1), Yu (CN 111642806 A), and Zhou (CN 115191657 A), as applied to claims 1 and 6 above, and further in view of Deng (WO 2022183681 A1, hereinafter citations referring to English Machine Translation).
With regard to Claim 7, modified Zhang teaches all the limitation of the claims as set forth above, however modified Zhang is silent to:
Wherein a sealing ring is disposed on an outer wall of the base
Wherein the sealing ring is located between the outer wall of the base and an inner wall of the housing
PNG
media_image19.png
393
288
media_image19.png
Greyscale
Deng, directed to an aerosol generating apparatus and atomizer, teaches (i) a sealing member (Fig. 3: #53) that is sleeved outside of a base (Fig. 3: #50) of an atomizer (Fig. 3: #1, [0080]). (ii) The sealing member is located on the outside of the base (Fig. 3: #50, [0080]) and within an inner wall of the cartridge tube (Fig. 3: #10). A person of ordinary skill in the art would find it obvious to modify the base of Zhang to comprise the sealing ring of Deng to strengthen the connection between the base and the housing of the device and prevent air or liquid leakage.
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 base of modified Zhang to include a sealing ring disposed on its outer wall and located between the outer wall and inner wall of the housing because both Zhang and Deng are directed to using base components at bottom ends of aerosol generating devices. Deng teaches a sealing member sleeved outside of a base and in between the inner wall of a cartridge tube to seal an oil storage tank [0080] and this merely involves applying a known sealing technique to a base of a similar aerosol generating device ready for improvement to yield predictable results.
Claims 8, 9, 12, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 115568631 A, hereinafter citations referring to English Machine Translation), Novak (US 2020113242 A1), Liu (US 20150189919 A1), Shen (WO 2022250501 A1), and Yu (CN 111642806 A), as applied to claim 1 above, and further in view of Kondoh (WO 2021105184 A1).
With regard to Claim 8, modified Zhang teaches all the limitations of the claims as set forth above, however modified Zhang is silent to:
Wherein a charging port and/or a key are further disposed on the base
Wherein the charging port and/or the key are respectively and electrically connected to the PCB
PNG
media_image20.png
431
214
media_image20.png
Greyscale
PNG
media_image21.png
354
184
media_image21.png
Greyscale
Kondoh, directed to an electronic cigarette, teaches (i) a charging port (Fig. 7A: #302) disposed on a closed end of a base (Fig. 7B: #102, Pg. 28, Lines 12-13). (ii) The charging port may be connected to a PCB to provide an electrical connection and charge a battery of the power supply (Pg. 27, Lines 26-27 and Pg. 28, Line 3).
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 base of modified Zhang to include a charging port and/or a key electrically connected to the PCB because Zhang and Kondoh are both directed to aerosol generating devices with a side-by-side configuration for power supplies and aerosol generating articles. Kondoh teaches a charging port disposed on a base, electrically connected to the PCB to provide an electrical connection to the main device and charge a battery of the power supply and this merely involves the use of a known charging feature to improve a similar aerosol generating device in the same way.
With regard to Claim 9, modified Zhang teaches all the limitations of the claims as set forth above, however modified Zhang is silent to:
Wherein the air inlet hole is defined between an outer wall of the charging port and/or key and the base
PNG
media_image20.png
431
214
media_image20.png
Greyscale
PNG
media_image21.png
354
184
media_image21.png
Greyscale
Kondoh, teaches a charging port (Fig. 7A: #302) and an air inlet (Fig. 7B: #117) aligned with an opening (Fig. 7A: #217, Pg. 28, Lines 14-16). The opening aligned with the air inlet is defined outside of the charging port while still within the closed end of the base (Fig. 7B: #102, Lines 14-16).1
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 air inlet hole of modified Zhang to be defined between an outer wall of the charging port and/or key and the base because both Zhang and Kondoh are directed to aerosol generating devices with a side-by-side configuration for power supplies and aerosol generating articles. Kondoh teaches an air inlet on the outside of a charging port within a base to provide air for the device from an external environment to an air channel plug (Fig. 7A: #300) and this merely involves the use of a known air inlet hole location to improve a similar aerosol generating device in the same way.
With regard to Claim 12, modified Zhang teaches all the limitations of the claims as set forth above, however modified Zhang is silent to:
Wherein a charging port and/or a key are further disposed on the base
Wherein the charging port and/or the key are respectively and electrically connected to the PCB
PNG
media_image20.png
431
214
media_image20.png
Greyscale
PNG
media_image21.png
354
184
media_image21.png
Greyscale
Kondoh, directed to an electronic cigarette, teaches (i) a charging port (Fig. 7A: #302) disposed on a closed end of a base (Fig. 7B: #102, Pg. 28, Lines 12-13). (ii) The charging port may be connected to a PCB to provide an electrical connection and charge a battery of the power supply (Pg. 27, Lines 26-27 and Pg. 28, Line 3).
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 base of modified Zhang to include a charging port and/or a key electrically connected to the PCB because Zhang and Kondoh are both directed to aerosol generating devices with a side-by-side configuration for power supplies and aerosol generating articles. Kondoh teaches a charging port disposed on a base, electrically connected to the PCB to provide an electrical connection to the main device and charge a battery of the power supply and this merely involves the use of a known charging feature to improve a similar aerosol generating device in the same way.
With regard to Claim 13, modified Zhang teaches all the limitations of the claims as set forth above, however modified Zhang is silent to:
Wherein a charging port and/or a key are further disposed on the base
Wherein the charging port and/or the key are respectively and electrically connected to the PCB
PNG
media_image20.png
431
214
media_image20.png
Greyscale
PNG
media_image21.png
354
184
media_image21.png
Greyscale
Kondoh, directed to an electronic cigarette, teaches (i) a charging port (Fig. 7A: #302) disposed on a closed end of a base (Fig. 7B: #102, Pg. 28, Lines 12-13). (ii) The charging port may be connected to a PCB to provide an electrical connection and charge a battery of the power supply (Pg. 27, Lines 26-27 and Pg. 28, Line 3).
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 base of modified Zhang to include a charging port and/or a key electrically connected to the PCB because Zhang and Kondoh are both directed to aerosol generating devices with a side-by-side configuration for power supplies and aerosol generating articles. Kondoh teaches a charging port disposed on a base, electrically connected to the PCB to provide an electrical connection to the main device and charge a battery of the power supply and this merely involves the use of a known charging feature to improve a similar aerosol generating device in the same way.
With regard to Claim 14, modified Zhang teaches all the limitations of the claims as set forth above, however modified Zhang is silent to:
Wherein a charging port and/or a key are further disposed on the base
Wherein the charging port and/or the key are respectively and electrically connected to the PCB
PNG
media_image20.png
431
214
media_image20.png
Greyscale
PNG
media_image21.png
354
184
media_image21.png
Greyscale
Kondoh, directed to an electronic cigarette, teaches (i) a charging port (Fig. 7A: #302) disposed on a closed end of a base (Fig. 7B: #102, Pg. 28, Lines 12-13). (ii) The charging port may be connected to a PCB to provide an electrical connection and charge a battery of the power supply (Pg. 27, Lines 26-27 and Pg. 28, Line 3).
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 base of modified Zhang to include a charging port and/or a key electrically connected to the PCB because Zhang and Kondoh are both directed to aerosol generating devices with a side-by-side configuration for power supplies and aerosol generating articles. Kondoh teaches a charging port disposed on a base, electrically connected to the PCB to provide an electrical connection to the main device and charge a battery of the power supply and this merely involves the use of a known charging feature to improve a similar aerosol generating device in the same way.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 115568631 A, hereinafter citations referring to English Machine Translation), Novak (US 2020113242 A1), Liu (US 20150189919 A1), Shen (WO 2022250501 A1), and Yu (CN 111642806 A), as applied to claim 1 above, and further in view of Li (CN 113455730 A, hereinafter citations referring to English Machine Translation).
With regard to Claim 10, modified Zhang teaches all the limitations of the claims as set forth above, however modified Zhang is silent to:
Wherein the cigarette holder is connected to the housing body in a buckled mode
PNG
media_image22.png
258
228
media_image22.png
Greyscale
Li, directed to an aerosol generating device and system, teaches a cigarette holder (Fig. 5: #10) that is detachably connected to a main body (Fig. 5: #20) of the device [n0055]. The cigarette holder can be detachable using snap, spring plunger, thread, interference, or magnetic connection methods [n0055]. One of ordinary skill in the art would be motivated to modify the cigarette holder of Zhang to be buckled using one of these methods to easily access the aerosol generating material in the device.
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 cigarette holder of modified Zhang to be connected to the housing body in a buckled mode because both Zhang and Li are directed to mouthpieces that release generated aerosol to a user. Li teaches a cigarette holder that is removable from a main body of a device in several methods to make it convenient to maintain and clean the main body [n0054] and this merely involves applying a known removable cigarette holder to a similar aerosol generating device ready for improvement 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