DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
Claims 1-3, 5, 12-13, 16, 20-23, 25-26, an 28-34 are currently pending and are subject to this office action. Claims 21, 32, and 34 are amended. Claims 4, 6-11, 14, 15, 17-19, 24, 27 are canceled. This office action is in response to Applicant’s amendment filed on 01/05/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 01/05/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, on pages 8-13, filed 01/06/2026, with respect to the rejection of claims 1 and 21 under 35 U.S.C. 103 have been fully considered and are not persuasive. The Applicant has amended claim 21 to include a limitation previously presented in claim 1, specifically, “wherein the first capillary groove and the second capillary groove join to form a single continuous L-shaped groove”. The Applicant argues that the channels of Atkins extend in the same directions and are not connected to each other. Further that Akins does not disclose wherein the first capillary groove on the side surface of the body joins the second capillary groove on the surface of the foundation base.
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The Examiner respectfully disagrees. Under BRI, a groove is known as a long, narrow cut or depression. Each capillary channel (Fig. 10A: #704) of Atkins comprises at least two sections with two connecting grooves. The capillary channels themselves are not the grooves, but form the grooves. The first groove (Fig. 10A: “A”) extends in an upward direction away from a bottom of the heating portion (Fig. 12A: #108). The second groove (Fig. 10A: “B”) extends in a longitudinal direction along the top of the heating element (Fig. 10A: #120). The two grooves are connected and create singular L-shaped groove to produce capillary action and be drawn to the heater region of the heating element, allowing liquid to be drawn through them consecutively [0132 -0133].
Furthermore, the heating element (Fig. 12A: #120) is positioned on the bottom heating portion of the device (Fig. 12A: #108), relating to the foundation base of the claimed invention. The heating element is supported by and contacts the bottom heating portion such that the capillary structures on the heating element meet the bottom heating portion. The first capillary groove formed along a side surface of the heating element (Fig. 10A: #120), joins the second capillary groove associated with the bottom heating portion (Fig. 12A: #108). Since the heating element (Fig. 10A: #120) is mounted on the bottom heating portion, the grooves form a continuous capillary pathway between these structures. The capillary grooves of Atkins can be applied to the foundation base and body of modified Huang to improve control of pressure within the cartridge and drawing ability of liquid to the heating element [0132].
Applicant’s arguments, on pages 13-18, filed 01/06/2026, with respect to the rejection of claim 34 under 35 U.S.C. 103 have been fully considered and are not persuasive. The Applicant has amended claim 34 to include a limitation not previously presented, specifically, “wherein the first capillary groove and the second capillary groove join at an end of the first sub-body or second sub-body disposed on the foundation base form a single continuous L-shaped groove”. The Applicant argues that the combination of Fraser and Tan with Huang would be detrimental in regards to leak prevention.
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The Examiner respectfully disagrees. Huang teaches a mounting base including an atomizer seat and a foundation structure that supports a heating element [0013]. The structure of Huang provides an enclosed area where liquid is supplied to the heating element for vaporization. Liquid transported within the mounting base remains within the atomizer and is not directed toward an external area. Tan teaches support portions (Fig. 10: #336) comprising liquid inlet grooves (Fig. 10: #332 & #333) that are designed for transporting liquid toward the heating element [0093]. The support portions (Fig. 10: #336), relating to first and second sub-bodies of the claimed invention, define an area between them where liquid is guided from the reservoir to the heating unit. Liquid flows from the reservoir through the inlet grooves towards the heating element, and the grooves end within the atomizer region, not opened directly to an external environment. Fraser teaches conduits formed to transport liquid by capillary action to the heater [0063]. These conduits show that liquid may be drawn and retained along surface channels by capillary action.
When Huang is modified to include the support portions of Tan, the mounting base of Huang would include spaced structural members disposed on the foundation base and adding the capillary conduits of Fraser onto the surfaces of the support portions would form first capillary grooves extending along the side surfaces of the support portions. The Applicant's arguments rely on specific assembly states of Tan where liquid temporarily absent, however the claims are unpatentable over structural features of Tan, not operating states. The modification would not redirect liquid outside the device, as alleged by the Applicant. Instead, the modification would continue to retain liquid within the device because the grooves would end at the base area where liquid is already intended to flow toward the heating element. In combination with Tan and Fraser, liquid drawn into the grooves of modified Huang would remain within channels rather than flow freely outward. Since Huang, Tan, and Fraser are all directed to managing liquid transport within aerosol generating devices, one of ordinary skill in the art would have recognized that incorporating Fraser's capillary grooves onto the support portions of Tan within Huang's mounting base would improve liquid transport using known capillary principles.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 3, 12, 13, 16, 20, 21, 22, 23, 29, 32 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 106820272 A, hereinafter citations referring to English Machine Translation), and further in view of Fraser (US 20200000151 A1), Atkins (US 20200107585 A1), and Peng (US 20200094000 A1).
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With regard to Claim 1, Huang, directed to an e-cigarette leak-proof device teaches an electronic cigarette anti-leakage device [0009], which meets the claim limitation of a vaporizer. The device includes (i) a liquid storage chamber used for storing smoke liquid [0046]. (ii) The vaporizer also includes an atomizer seat [0013], meeting the claim limitation of a mounting base. The atomizer seat is connected to a first channel that is connected to an air guide channel inside of an air guide tube, where the air guide tube is also connected to the liquid storage chamber [0062] for liquid conduction [0074]. The atomizer seat (Fig. 4: #44) includes a second seat body (Fig. 4: #442, [0047]), that supports the heating element (Fig. 4: #45) and the placement of the second channel (Fig. 4: #404), meeting the claim limitation of a foundation base.
Huang further teaches (iii) a heating component [0041], which meets the claim limitation of a vaporization core. The heating component comprises a porous plate [0044] as part of a porous structure and a heating wire [0043], meeting the claim limitation of a vaporization pore comprising a porous substrate and a heating element. The porous plate receives a flow of smoke liquid from the liquid storage chamber [0044] and absorbs the smoke liquid by capillary suction [0044]. The smoke liquid absorbed by the porous plate can be sucked back into the heating component and atomized by heat [0044], generated by the heating wire [0074].
(iv) The porous plate is arranged on a side of the heating component [0014], while a side of the heating component is connected to the liquid storage chamber [0074], implying that the heating component is located between the two, which meets the claim limitation of wherein the vaporization core is located between the liquid storage tank and the leaked liquid buffer structure. Huang teaches all the limitations of the claims as set forth above, however Huang is silent to:
A leaked liquid buffer structure having a capillary force
The leaked liquid buffer structure comprising a body disposed on the foundation base
A first capillary groove provided on a side surface of the body
Wherein the first capillary groove extends on the body in a direction away from the foundation base
Wherein a second capillary groove is provided on a surface of the foundation base that faces the liquid storage tank
Wherein the first capillary groove on the side surface of the body joins the second capillary groove on the surface of the foundation base to form an L-shaped capillary groove
Wherein the first capillary groove and the second capillary groove are in fluid communication with one another
Wherein the leaked liquid buffer structure is in fluid communication with the vent channel
Wherein the vaporization core is located between the liquid storage tank and the leaked liquid buffer structure
Wherein the leaked liquid buffer structure abuts the porous substrate
Wherein the first capillary groove and the second capillary groove are configured to reflux liquid leaked from the vent channel to the porous substrate
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In regards to i., ii., and viii., ix., x., Fraser, directed to a vapor provision device with liquid capture, teaches (i) a liquid buffer comprising a capillary structure offering an appropriate level of capillary force [0050]. (ii) The liquid buffer can be a capillary structure with one or more connected or unconnected slots, channels, tubes, openings, side walls, and more, rather than being formed from a separate absorbent material [0050]. A person of ordinary skill in the art would be motivated to combine the liquid buffer of Fraser with the second seat body, pointing to the foundation base of the claimed invention, of modified Huang because the liquid buffer of Fraser works with a porous conduit, to deliver liquid to a vapor generator [0048], similar to the porous structure of Huang. Additionally, the second seat body of Huang, pointing to the foundation base of the claimed invention, is in contact with the porous structure [0045], making it an easy modification for the liquid buffer already in contact with a porous conduit (Fig. 1: #6, [0048]) to be added to the second seat body of Huang, meeting the claim limitation of the leaked liquid buffer structure comprising a body disposed on the foundation base.
Fraser also teaches (viii) wherein the buffer is in liquid transfer contact with a conduit [0060], wherein the conduit (Fig. 1: #6) delivers source liquid to the heating element (Fig. 1: #4) to be inhaled by a user through a mouthpiece (Fig. 1: #35, [0029]). (ix) The heating element (Fig. 5: #4) is located between the reservoir (Fig. 5: #3) and the buffer (Fig. 5: #50). (x) The conduit (Fig. 5: #6) may be a porous structure [0026] and the buffer is in contact with the conduit (Fig. 5: #6, [0058]), meeting the claim limitation of wherein the leaked liquid buffer structure abuts the porous substrate.
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 foundation base of Huang to include a leaked liquid buffer structure having a capillary force and comprising a body because both Huang and Fraser are directed to using porous and capillary principles to direct liquid to a component for atomization. Fraser teaches a buffer using structures with capillary action to help properly deliver liquid for vaporization and store liquid during leakage [0046] and this merely involves combining the foundation base of Huang with the buffer of Fraser according to known capillary methods to yield predictable results.
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In regards to iii., iv., v., vi., vii., Atkins teaches (iii) multiple capillary channels (Fig. 10A: #704), where a first groove (Fig. 10A: “A”) is provided on the side of a heating element (Fig. 10A: #120), relating to the body of the claimed invention. (iv) Based on the placement of the heating element (Fig. 10A: #120) in the device, the first groove (Fig. 10A: “A”) extends upward and away from a bottom heating portion (Fig. 7B: #108) of the device (Fig. 1F: #43, [0091]), relating to the foundation base of the claimed invention. (v) A second groove (Fig. 10A: “B”) of the multiple capillary channels (Fig. 10A: #704) is provided on the top of the heating element (Fig. 10A: #120) and draws liquid from a reservoir to be heated [0132]. (vi) The first groove (Fig. 10A: “A”) and the second groove (Fig. 10A: “B”) of the multiple capillary channels (Fig. 10A: #704) create an L-shaped groove to produce capillary action and be drawn to the heater region of the heating element [0132]. (vii) The grooves formed by the multiple channels (Fig. 10A: #704) allow fluid to be drawn through them consecutively [0132].
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 body of modified Huang to comprise a first capillary groove provided on a side surface of the body and extending on the body in a direction away from the foundation base; a second capillary groove is provided on a surface of the foundation base that faces the liquid storage tank; wherein the first capillary groove on the side surface of the body joins the second capillary groove on the surface of the foundation base to form an L-shaped capillary groove; and wherein the first capillary groove and the second capillary groove are in fluid communication with one another because both Huang and Atkins are directed to capillary movement of liquid in an aerosol generating device. Atkins teaches multiple capillary channels with grooves in fluid communication to improve the control of pressure within a cartridge and drawn liquid to a heating element [0132] and this merely involves applying a known capillary groove configuration to a known aerosol generating device ready for improvement to yield predictable results.
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In regards to xi., Peng, directed to an electronic cigarette and atomizer, teaches wherein (xi) condensate liquid generated by a part of the smoke in a gas outlet (Fig. 1: #110) from a gas flow channel [0081] flows through a second groove (Fig. 7: #181) towards a first groove (Fig. 7: #170) to flow to gas inlet micropores [0082]. A person of ordinary skill in the art would be motivated to modify the way of flow of liquid in Huang to be refluxed from the vent channel by capillary grooves because the grooves of Peng show a similar configuration. The grooves of Peng capture liquid from a channel and deliver it to micropores, similar to the porous substrate and liquid flow of the claimed invention, meeting the claim limitation of wherein the first capillary groove and the second capillary groove are configured to reflux liquid leaked from the vent channel to the porous substrate.
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 leaked liquid buffer structure of modified Huang to include first and second capillary grooves configured to reflux liquid leaked from the vent channel to the porous substrate because both Huang and Peng are directed to aerosol generating devices with porous structures. Peng teaches first and second capillary grooves that allow liquid to flow through them and back to gas inlet micropores to further block condensate liquid from flowing into the battery [0082] and this merely involves applying known capillary grooves to a similar buffer of an aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 2, Huang teaches a liquid storage chamber [0020]. When leakage occurs, liquid can be absorbed by the porous structure to ensure that smoke liquid does not leak from the liquid storage chamber [0064], which is in contact with the buffer structure of modified Huang. The porous structure adheres to through holes of the porous plate [0039] from an air guide channel [0064], relating to the vent channel of the claimed invention, and the leaked smoke liquid can be sucked back and atomized by the heating component [0044]. A person of ordinary skill in the art would find it obvious that upon user inhalation, the pressure inside the vaporizer would change caused by capillary action, leading to an increase or decrease of air pressure. Furthermore, the above components are structurally equivalent to the structures of the claimed invention and the manner of operating the device is not sufficient to distinguish over the prior art under MPEP 2114(II).
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With regard to Claim 3, Huang teaches an atomizing seat (Fig. 4: #44) having (i) a first seat body (Fig. 4: 44a) and a second seat body (Fig. 4: #44b, [0047]), which meets the claim limitations of wherein the mounting base comprises an upper base body and a lower base body. (ii) The first seat body (Fig. 4: #44a) and second seat body (Fig. 4: #44b) are arranged to create a space between the two seats, which meeting the claim limitation a vaporization cavity.
(iii) The heating element (Fig. 4: #45) is contained in the space created by the first seat body (Fig. 4: #44a) and the second seat body (Fig. 4: #44b) in Figure 4. (iv) The first seat body (Fig. 4: #44a), relating to the upper base body, includes a channel (Fig. 4: #403), meeting the claim limitation of wherein the vent channel is provided on the upper base body.
(v) The channel is located at the bottom of the space and passes through the first seat body, the second seat body [0047], and the holes of the porous plate [0049]. A person of ordinary skill in the art would realize that the buffer of modified Huang is in contact with a porous structure, wherein the channel (Fig. 4: #403) runs longitudinally through the opposite ends of the atomizer seat (Fig. 4: #44) comprising the first seat body (Fig. 4: #44a) and the second seat body (Fig. 4:# 44b), creating a cavity, meeting the claim limitation of wherein the vent channel is connected to a bottom of the vaporization cavity through the leaked liquid buffer structure. The porous plate is located in the channel, and absorbs smoke liquid by capillary suction [0044].
(vi) The channel (Fig. 4: #403) rungs longitudinally through the opposite ends of the atomizer seat (Fig. 4: #44) comprising the space between the first seat body (Fig. 4: #44a) and the second seat body (Fig. 4: #44b), meeting the claim limitation of wherein the vent channel is in communication with the vaporization cavity. Modified Huang teaches all the limitations of the claims as set forth above, however modified Huang is silent to:
i. Wherein the leaked liquid buffer structure is provided on the lower base body
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Peng teaches a lower base (Fig. 7: #180), relating to the leaked liquid buffer structure of the claimed invention, wherein liquid may flow through the grooves of the base and be held in the second groove (Fig. 7: #181) until it is full to further block condensate liquid from flowing through [0082]. A person of ordinary skill in the art would be motivated to use the placement of this buffer-like structure in combination with the lower base and buffer of modified Huang due to optimize the buffer’s ability to capture leaked 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 lower base body of modified Huang to include the leaked liquid buffer structure because both Huang and Peng are directed to porous components in aerosol generating devices. Peng teaches a buffer like function in the lower base of a vaporization device to stop liquid from directly flowing into the battery [0082] and this merely involves combining the location of a buffer function in Peng with the buffer structure of modified Huang according to known liquid containment methods to yield predictable results.
With regard to Claim 12, modified Huang teaches (i) wherein the buffer structure is located in the second seat body, meeting the claim limitation of wherein the leaked liquid buffer structure is provided on the lower base body. (ii) The porous plate absorbs smoke liquid once it reaches the plate [0044]. (iii) When leaked smoke liquid flows into the air flow channel, the smoke liquid is sucked by capillary suction in the through holes of the porous structure in the air flow channel [0067], which meets the claim limitation of the liquid absorbing surface being connected to a liquid flowing hole.
(iv) The porous plate contains through holes that pass through to a heating component [0066], which meets the claim limitation of wherein the porous substrate comprises a vaporization surface and wherein the heating element is provided on the vaporization surface. Modified Huang teaches all the limitations of the claims as set forth above, however modified Huang is silent to:
Wherein surfaces other than the liquid absorbing surface and the vaporization surface of the porous substrate are in contact with the leaked liquid buffer structure
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Fraser teaches a buffer (Fig. 5: #50) that is contact with a porous wick (Fig. 5: #6) and a gap that accumulates liquid to enter the buffer [0058]. The buffer is also in contact with a bottom surface of the reservoir (Fig. 5: #3) to reduce the risk of leakage [0060].
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 leaked liquid buffer structure of modified Huang to be in contact with surfaces other than the liquid absorbing surface and the vaporization surface because both Huang and Fraser are directed to using porous and capillary principles to direct liquid to a component for atomization. Fraser teaches a buffer structure in contact with surfaces other than a porous wick and gap that accumulates liquid to reduce the risk of leakage from the electronic cigarette [0060] and this merely involves applying a known structural formation to a known aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 13, modified Huang teaches all of the limitations of the claims as set forth above, however modified Huang is silent to:
The second capillary groove being provided at the bottom of the vaporization cavity
One end of the first capillary groove being in contact with the porous substrate
An other end of the first capillary groove extending to the bottom of the vaporization cavity so as to be in communication with the second capillary groove
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Peng, directed to an electronic cigarette and atomizer, (i) teaches a second groove (Fig. 7: #170) located at the bottom of the lower base (Fig. 7: #180) of the atomization cavity (Fig. 3: #100). (ii) Condensate liquid flows to the inside of the second groove to flow toward the first groove [0082]. When the first groove is full of liquid, the condensate liquid flows to gas inlet micropores, relating to the porous substrate of the claimed invention. (iii) The first groove and second groove communicate through a hollow channel, extending the contents of the first groove to the second groove [0087] at the bottom of the atomization cavity (Fig.7: #180).
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 leaked liquid buffer structure by including a first capillary groove and a second capillary groove, the second capillary groove being provided at the bottom of the vaporization cavity, one end of the first capillary groove being in contact with the porous substrate, an other end of the first capillary groove extending to the bottom of the vaporization cavity so as to be in communication with the second capillary groove because both Huang and Peng are directed to atomization devices that generate aerosol material with atomization cavities. Peng teaches first and second grooves in the lower part of the base, communicated through a hollow channel to avoid hot smoke from directly rushing to the mouth and cause burning [0081] and this merely involves applying known groove components to a similar vaporizer device to yield predictable results.
With regard to Claim 16, modified Huang teaches all the limitations of the claims as set forth above, however modified Huang is silent to:
Wherein the capillary force of the leaked liquid buffer structure is greater than a capillary force of the vent channel
Wherein, when the heating element heats and vaporizes the liquid of the porous substrate, the leaked liquid buffer structure is configured to absorb leaked liquid in the vent channel
Wherein the capillary force of the porous substrate is greater than the capillary force of the leaked liquid buffer structure
Wherein, when the heating element heats and vaporizes the liquid of the porous substrate, the liquid received by the leaked liquid buffer structure refluxed to the porous substrate and is heated and vaporized.
Fraser teaches (i) wherein an airflow channel is used to carry vapor along by continuous air flow [0035]. A person of ordinary skill in the art would realize that the airflow channel helps carry vapor to a mouthpiece for the user to inhale. Using capillary forces is mostly directed to liquids, and bringing vapor through to a mouthpiece requires an open path with minimal resistance to allow the vapor to move, making it obvious that the capillary force of the leaked liquid buffer structure is greater than a capillary force of the vent channel. (ii) The porous conduit delivers source liquid from a reservoir to a vapor generator to be vaporized [0048] and the buffer providing a buffering function between the conduit and other regions within and outside an electronic cigarette, to address leakage [0042] and absorb free liquid [0044]. A person of ordinary skill in the art would be motivated to have the buffer absorb leaked liquid of the vent channel since the buffer of Fraser addresses leakage in most parts of the electronic cigarette and because the air flow channel may still experience leakage [0038].
Fraser further teaches (iii) a conduit formed from a porous material that draws in liquid from the conduit, wherein the buffer has a lower capillary force than the conduit [0048]. A person of ordinary skill in the art would be motivated to apply this to the porous substrate and buffer structure of modified Huang so stop the buffer from absorbing significant amounts of liquid [0048]. (iv) The porous conduit delivers source liquid from a reservoir to a vapor generator to be vaporized [0048], however, when the liquid tank becomes empty and can no longer feed any liquid to the conduit, the conduit is then able to reabsorb liquid from the buffer and deliver it to the vapor generator [0047], meeting the claim limitation of wherein the liquid received by the leaked liquid buffer structure refluxes to the porous substrate and is heated and vaporized.
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 capillary forces of the porous substrate and leaked liquid buffer structure to allow the leaked liquid buffer to absorb liquid in the vent channel and reflux liquid to the porous substrate when the heating element heats and vaporizes the liquid of the porous substrate because both Huang and Fraser are directed to using porous and capillary principles to direct liquid to a heating component for atomization. Fraser teaches a buffer and porous conduit, wherein the buffer has a higher capillary force than an airflow channel and a lower capillary force than the conduit to stop the buffer from absorbing significant amounts of liquid and to favor capillary movement of liquid from a tank to a vaporizer [0048] and this merely involves the use of a known capillary force technique to improve a similar buffer and porous substrate of an aerosol generating device in the same way.
With regard to Claim 20, Huang teaches a power supply device to be assembled with an atomizer device of an electronic cigarette [0041].
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With regard to Claim 21, Huang, directed to an e-cigarette leak-proof device teaches an electronic cigarette anti-leakage device [0009]. The device includes (i) a liquid storage chamber used for storing smoke liquid [0046]. (ii) The device also includes an atomizer seat [0013], which meets the claim limitation of a mounting base. The atomizer seat is connected to a first channel that is connected to an air guide channel inside an air guide tube, in where the air guide tube is also connected to the liquid storage chamber [0062] for liquid conduction [0074], which meets the claim limitation of a mounting base comprising a vent channel configured to transmit air to the liquid storage tank. The atomizer seat (Fig. 4: #44) includes a second seat body (Fig. 4: #44b, [0047]), that supports the heating element (Fig. 4: #45) and the placement of the second channel (Fig. 4: #404), meeting the claim limitation of a foundation base.
Huang further teaches (iii) a heating component [0041]. The heating component comprises a porous plate [0044] as part of a porous structure and a heating wire [0043]. The porous plate receives flowing smoke liquid from the liquid storage chamber [0044] and absorbs the smoke liquid by capillary suction [0044]. The smoke liquid absorbed by the porous plate can be sucked back into the heating component and atomized by heat [0044], generated by the heating wire [0074]. (iv) Huang teaches a power supply device connected to a heating wire, to power on the heating component to generate heat [0043]. Huang teaches all the limitations of the claims as set forth above, however Huang is silent to:
A leaked liquid buffer structure having a capillary force
The leaked liquid buffer structure comprising a body perpendicularly disposed on the foundation base
A first capillary groove extending on the body in a direction away from the foundation base
Wherein a second capillary groove is provided on a surface of the foundation base
The first capillary groove and the second capillary groove being in fluid communication with one another
The leaked liquid buffer structure being in fluid communication with the vent channel
Wherein the vaporization core is located between the liquid storage tank and the leaked liquid buffer structure
Wherein the first capillary groove and the second capillary groove join to form a single continuous L-shaped capillary groove
Wherein the leaked liquid buffer structure abuts the porous substrate
Wherein the first capillary groove and the second capillary groove are configured to reflux liquid leaked from the vent channel
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In regards to i., ii., vi., vii., and ix., Fraser, directed to a vapor provision device with liquid capture, teaches (i) a liquid buffer comprising a capillary structure offering an appropriate level of capillary force [0050]. (ii) The liquid buffer can be a capillary structure with one or more connected or unconnected slots, channels, tubes, openings, side walls, and more, rather than being formed from a separate absorbent material [0050]. A person of ordinary skill in the art would be motivated to combine the liquid buffer of Fraser with the second seat body of Huang perpendicularly, pointing to the foundation base of the claimed invention, of modified Huang because the liquid buffer of Fraser works with a porous conduit, to deliver liquid to a vapor generator [0048], similar to the porous structure of Huang. Furthermore, the second seat body of Huang, pointing to the foundation base of the claimed invention, is in contact with the porous structure, making it an easy modification for the liquid buffer already in contact with a porous conduit (Fig. 1: #6, [0048]) to be added to the second seat body of Huang.
Fraser also teaches (vi) wherein the buffer is in liquid transfer contact with a conduit [0060], which delivers source liquid to the heating element (Fig. 1: #4) to be inhaled by a user through a mouthpiece (Fig. 1: #35, [0029]), meeting the claim limitation of the leaked liquid buffer structure being in fluid communication with the vent channel. (vii) The heating element (Fig. 5: #4) is located between the reservoir (Fig. 5: #3) and the buffer (Fig. 5: #50). (ix) The conduit (Fig. 5: #6) may be a porous structure [0026] and the buffer abuts conduit (Fig. 5: #6, [0058]).
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 foundation base of Huang to include a leaked liquid buffer structure having a capillary force and comprising a body because both Huang and Fraser are directed to using porous and capillary principles to direct liquid to a component for atomization. Fraser teaches a buffer using structures with capillary action to help properly deliver liquid for vaporization and store liquid during leakage [0046] and this merely involves combining the foundation base of Huang with the buffer of Fraser according to known capillary methods to yield predictable results.
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In regards to iii., iv., v., and viii., Atkins teaches (iii) multiple capillary channels (Fig. 10A: #704), where a first groove (Fig. 10A: “A”) is provided on the side of a heating element (Fig. 10A: #120), relating to the body of the claimed invention, of each channel. Based on the placement of the heating element (Fig. 10A: #120) in the device, the first groove (Fig. 10A: “A”) extends upward and away from a bottom heating portion (Fig. 7B: #108) of the device (Fig. 1F: #43, [0091]), relating to the foundation base of the claimed invention.
(iv) A second groove (Fig. 10A: “B”) of any of the multiple capillary channels (Fig. 10A: #704) is provided on the heating element (Fig. 10A: #120) and draws liquid from a reservoir to be heated [0132]. (v) The first groove (Fig. 10A: “A”) and the second groove (Fig. 10A: “B”) of any of the multiple capillary channels (Fig. 10A: #704) communicate to produce capillary action and allow liquid to be drawn to the heater region of the heating element [0132]. (viii) The first groove (Fig. 10A: “A”) and the second groove (Fig. 10A: “B”) of any of the multiple capillary channels (Fig. 10A: #704) communicate in the form of a continuous L-shaped groove.
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 body of modified Huang to comprise a first capillary groove provided on a side surface of the body and extending on the body in a direction away from the foundation base; a second capillary groove is provided on a surface of the foundation base that faces the liquid storage tank; and wherein the first capillary groove and second capillary groove are in fluid communication because both Huang and Atkins are directed to capillary movement of liquid in an aerosol generating device. Atkins teaches multiple capillary channels with grooves in fluid communication to improve the control of pressure within a cartridge [0132] and this merely involves applying a known capillary groove configuration to a known aerosol generating device ready for improvement to yield predictable results.
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In regards to x., Peng, directed to an electronic cigarette and atomizer, (x) teaches a first groove and second groove provided in a lower base [0087], wherein the first and second grooves receive flowing condensate liquid [0082]. Condensate liquid generated by a part of the smoke in a gas outlet (Fig. 1: #110) from a gas flow channel [0081] flows through the second groove (Fig. 7: #181) towards the first groove (Fig. 7: #170) to flow to gas inlet micropores [0082]. A person of ordinary skill in the art would be motivated to modify the way of flow of liquid in Huang to be refluxed from the vent channel by capillary grooves because the grooves of Peng show a similar configuration. The grooves of Peng capture liquid from a channel and deliver it to micropores, similar to the porous substrate and liquid flow of the claimed invention, meeting the claim limitation of wherein the first capillary groove and the second capillary groove are configured to reflux liquid leaked from the vent 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 leaked liquid buffer structure of modified Huang to include a first and second capillary groove configured to reflux liquid leaked from the vent channel to the porous substrate because both Huang and Peng are directed to aerosol generating devices with porous structures. Peng teaches first and second capillary grooves that allow liquid to flow through them and back to gas inlet micropores to further block condensate liquid from flowing into the battery [0082] and this merely involves applying known capillary grooves to a similar buffer of an aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 22, Huang teaches a liquid storage chamber [0020]. When leakage occurs, liquid can be absorbed by the porous structure to ensure that smoke liquid does not leak from the liquid storage chamber [0064], which is in contact with the buffer structure of modified Huang. The porous structure adheres to through holes of the porous plate [0039] from an air flow channel, more specifically the air guide channel [0064], relating to the vent channel of the claimed invention and the leaked smoke liquid can be sucked back and atomized by the heating component [0044]. A person of ordinary skill in the art would find it obvious that upon user inhalation, the pressure inside the vaporizer would change caused by capillary action, leading to an increase or decrease of air pressure. Furthermore, the above components are structurally equivalent to the structures of the claimed invention and the manner of operating the device is not sufficient to distinguish over the prior art under MPEP 2114(II).
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With regard to Claim 23, Huang teaches an atomizing seat (Fig. 4: #44) having (i) a first seat body (Fig. 4: #44a) and a second seat body (Fig. 4: #44b, [0047]), which meets the claim limitations of wherein the mounting base comprises an upper base body and a lower base body. The first seat body (Fig. 4: #44a) and second seat body (Fig. 4: #44b) are arranged in the device creating a space between the two seats, which meets the claim limitation of a vaporization cavity.
(ii) The heating element (Fig. 4: #45) is contained in the space created by the first seat body (Fig. 4: #44a) and the second seat body (Fig. 4: #44b) in Figure 4. (iii) The first seat body (Fig. 4: #44a), relating to the upper base body, includes a channel (Fig. 4: #403).
(v) The channel is located at the bottom of the space caused by the two seat bodies and passes through the first seat body, the second seat body [0047], and the holes of the porous plate [0049]. A person of ordinary skill in the art would realize that the buffer of modified Huang is in contact with the porous structure, wherein the channel (Fig. 4: #403) runs longitudinally through the opposite ends of the atomizer seat (Fig. 4: #44) comprising the first seat body (Fig. 4: #44a) and the second seat body (Fig. 4:# 44b), creating a cavity, which meets the claim limitation of wherein the vent channel is connected to a bottom of the vaporization cavity through the leaked liquid buffer structure. The porous plate is located in the channel, and absorbs smoke liquid by capillary suction [0044]. Modified Huang teaches all the limitations of the claims as set forth above, however modified Huang is silent to:
i. Wherein the leaked liquid buffer structure is provided on the lower base body
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Peng teaches a lower base (Fig. 7: #180), relating to the leaked liquid buffer of the claimed invention, wherein liquid may flow through the grooves of the base and be held in the second groove (Fig. 7: #181) until it is full of liquid to further block condensate liquid from flowing through [0082]. A person of ordinary skill in the art would be motivated to combine the placement of the lower base of Peng with the lower base and buffer of modified Huang due to their similarity in function.
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 lower base body of modified Huang to include the leaked liquid buffer structure because both Huang and Peng are directed to porous components in aerosol generating devices. Peng teaches a buffer like function in the lower base of a vaporization device to stop liquid from directly flowing into the battery [0082] and this merely involves combining the location of a buffer function in Peng with the buffer structure of modified Huang according to known liquid containment methods to yield predictable results.
With regard to Claim 29, modified Huang teaches all the limitations of the claims as set forth above, however modified Huang is silent to:
Wherein the first capillary groove is disposed on a side surface of the body
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Atkins teaches multiple capillary channels (Fig. 10A: #704), where a first groove (Fig. 10A: “A”) is provided on the side of a heating element (Fig. 10A: #120), relating to the body of the claimed invention, to produce capillary action and allow liquid to be drawn to the heater region of the heating element [0132].
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 body of modified Huang to comprise a first capillary groove provided on a side surface of the body because both Huang and Atkins are directed to capillary movement of liquid in an aerosol generating device. Atkins teaches multiple capillary channels with grooves in fluid communication to improve the control of pressure within a cartridge [0132] and this merely involves applying a known capillary groove configuration to a known aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 32, modified Huang is silent to the all the limitations of the claims as set forth above, however modified Huang is silent to:
Wherein a longest dimension of the first capillary groove extends in a first direction and a longest dimension of the second capillary groove extends in a second direction, the first direction and the second direction being perpendicular to one another
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With regard to Claim 32,Atkins teaches multiple capillary channels (Fig. 10A: #704) each comprising two grooves (Fig. 10A: "A" &"B"). A longest dimension of the first groove (Fig. 10A: "A") extends in a vertical direction and a longest dimension of the second groove (Fig. 10A: "B") extends in a horizontal direction perpendicular to the direction of the first groove (Fig. 10A: "A") to improve control of pressure within the cartridge [0132].
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 first and second capillary grooves of modified Huang to wherein a longest dimension of the first capillary groove extends in a first direction and a longest dimension of the second capillary groove extends in a second direction, the first direction and the second direction being perpendicular to one another because both Huang and Atkins are directed to capillary movement in aerosol generating devices. Atkins teaches capillary channels with two grooves that are perpendicular to each other to improve control of pressure within the cartridge [0132] and this merely involves applying a known directional relationship to known grooves of an aerosol generating device ready for improvement to yield predictable results.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 106820272 A, hereinafter citations referring to English Machine Translation), Fraser (US 20200000151 A1), Atkins (US 20200107585 A1), and Peng (US 20200094000 A1), as applied to claims 1 and 3, and further in view of Stadler (US 2018343922 A1)
With regard to Claim 5, Huang teaches wherein air flow can enter from the side of the atomizer seat and pass through the channel in between the first and second seat body, forming the space relating to the vaporization cavity of the claimed invention [0042], which meets the claim limitation of wherein the air inlet is in communication with the vaporization cavity. Modified Huang teaches all of the limitations of the claims as set forth above, however modified Huang is silent to:
Wherein the vent channel comprises a capillary vent groove provided on an outer wall of the upper base body
One end of the capillary groove being connected to the liquid storage tank
One end of the capillary vent groove away from the liquid storage tank comprising an air inlet
The air inlet being provided on an end portion of the upper base body close to the lower base body.
Wherein a vent communication groove is provided on the lower base body
Wherein the vent communication groove is configured to communicate the vent channel with the vaporization channel
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In regards to i., ii., iii., and iv., Stadler, directed to a heating system and method for an inhaler device, teaches (i) supply channels formed as capillary slots [0011], which meet the claim limitation of wherein the vent channel comprises a capillary vent groove. The capillary slot (Fig. 7: #3) is included on the inlet side (Fig. 8c: #5) of a cartridge (Fig. 9: #20) on the outer wall of the cartridge in the upper portion of the electronic cigarette (Fig. 9: #30). It would have been obvious to a person of ordinary skill in the art to modify the cartridge of Stadler to represent an upper base body, meeting the claim limitation of wherein a capillary vent groove is provided on an outer wall of the upper base body.
(ii) Stadler also teaches wherein a plurality of supply channels, formed as a capillary slot, conveys the liquid to be heated from a reservoir [0014]. Figure 10 illustrates the supply channels (Fig. 10: #3) formed as capillary grooves in the reservoir component (Fig. 10: #4), which meets the claim limitation of one end of the capillary vent groove being connected to the liquid storage tank. (iii) Figure 7 illustrates the supply channels (Fig. 7: #3) formed as capillary grooves, as part of an air inlet (Fig. 7: #5). Figure 8c illustrates the reservoir component (Fig. 8c: #4) and the air inlet (Fig. 8c: #5) positioned away from each other, which meets the claim limitation of wherein one end of the capillary vent groove away from the liquid storage tank comprising an air inlet. (iv) In Figure 8c, the air inlet (Fig. 8c: #5) is seen close to the bottom portion of the cartridge (Fig. 9: #20) considered to be in the upper portion of the electronic cigarette (Fig. 9: 30), which meets the claim limitation of the air inlet being provided on an end portion of the upper base body close to the lower base body.
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 vent channel of modified Huang by including a capillary vent groove provided on an outer wall of the upper base body, one end of the capillary groove being connected to the liquid storage tank, one end of the capillary vent groove away from the liquid storage tank comprising an air inlet, and the air inlet being provided on an end portion of the upper base body close to the lower base body because both Huang and Stadler are directed to heating in vaporizer devices to generate aerosol. Stadler teaches a plurality of capillary slots on the inlet side of a cartridge in a reservoir component to convey a smokable substance to be heated under capillary action and this merely involves using a known capillary principle to improve a similar vaporizer device in the same way.
In regards to v. and vi., Peng, directed to an electronic cigarette and atomizer, teaches a lower base provided inside an atomization cavity, comprising a groove that communicates with a hollow channel [0087], which meets the claim limitation of wherein a vent communication groove is provided on the lower base body. The hollow channel communicates with the groove and allows gas to pass through the hollow channel [0087], which meets the claim limitation of the vent communication groove configured to communicate the vent channel with the vaporization cavity.
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 lower base body of modified Huang by including a vent communication groove to communicate the vent channel with the vaporization cavity because both Huang and Peng are directed to atomization devices that generate aerosol material with atomization cavities. Peng teaches an atomization cavity with a lower base, comprising a groove that communicates with a hollow channel to scatter generated smoke and avoid hot smoke from directly rushing to the mouth and this merely involves using a known groove technique to a lower body of a similar vaporizing device to improve a similar vaporizer device in the same way.
Claims 25, 26, and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 106820272 A, hereinafter citations referring to English Machine Translation), Fraser (US 20200000151 A1), Atkins (US 20200107585 A1), and Peng (US 20200094000 A1), as applied to claim 1, and further in view of Tan (US 20200060343 A1)
With regard to Claim 25, modified Huang teaches all the limitations of the claims as set forth above, however modified Huang is silent to:
Wherein the body comprises a first sub-body and a second sub-body
Wherein the second capillary groove is disposed between the first sub-body and the second sub-body
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Tan teaches (i) wherein the main body (Fig. 10: #331), designed to receive liquid [0093], comprises support portions (Fig. 10: #336) on the left and right sides of the main body (Fig. 10: #331), meeting the claim limitation of wherein the body comprises a first sub-body and a second sub body. (ii) The main body also comprises a second e-liquid inlet groove (Fig. 10: #333) that is positioned over the base (Fig. 10: #227) in between the support portions (Fig. 10: #336, [0095]).
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 body of modified Huang to include a first sub-body and a second sub-body, wherein the second capillary groove is between the first sub-body and the second sub-body because both Huang and Tan are directed to managing liquid leaks in aerosol generating devices. Tan teaches a main body portion comprising support portions, wherein a second e-liquid inlet groove is between the support portions on top of a base to mount a heating element in place [0094] and allow e-liquid to flow to the heating element [0093] and this merely involves applying a known feature to a foundation of a similar aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 26, modified Huang teaches all the limitations of the claims as set forth above, however modified Huang is silent to:
Wherein the first sub-body and the second sub-body are parallel to one another and perpendicularly provided on the foundation base
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Tan teaches wherein the left and right support portions (Fig. 10: #336) of the main body (Fig. 10: #331) are aligned in the same plane and do not intersect. The support portions (Fig. 10: #336) point outward and are installed on the base (Fig. 10: #337, [0095]), meeting the claim limitation of wherein the first sub-body and the second sub-body are parallel to one another and perpendicularly provided on the foundation base.
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 first and second sub-body of modified Huang to be parallel to one another and perpendicularly provided on the foundation base because both Huang and Tan are directed to managing liquid leaks in aerosol generating devices. Tan teaches a main body portion comprising support portions in parallel that are installed on a base to support the position of the main body in the base [0095] this merely involves applying a known feature to a foundation of a similar aerosol generating device ready for improvement to yield predictable results.
Claim 28 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 106820272 A, hereinafter citations referring to English Machine Translation), Fraser (US 20200000151 A1), Atkins (US 20200107585 A1), and Peng (US 20200094000 A1), as applied to claim 1, and further in view of Qiu (EP 3287017 A1).
With regard to Claim 28, modified Huang teaches all the limitations of the claims as set forth above, however modified Huang is silent to:
Wherein the first capillary groove comprises a plurality of first capillary grooves
Wherein each first capillary groove of the plurality of first capillary grooves is in fluid communication with the second capillary groove
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Qui, directed to an atomizer and aerosol generation device, teaches (i) multiple suction grooves (Fig. 3: #124) designed to store smoke liquid [0028]. (ii) Liquid can be stored in the multiple suction grooves (Fig. 3: #124) and capillary channels (Fig. 3: #126, [0028]). A person of ordinary skill in the art would find it obvious that the multiple suction grooves and capillary channels are in fluid communication because they are on the same surface and have the same function of storing smoke liquid. Furthermore, a person of ordinary skill in the art would be motivated to modify the first capillary groove of modified Huang to be a plurality of first capillary grooves to store a lot of smoke liquid to prevent the device from dry heating and overheating [0028].
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 first capillary groove of modified Huang to comprise a plurality of first capillary grooves, wherein the plurality of first capillary grooves is in communication with the second capillary grooves because both Huang and Qiu are directed to capillary action in aerosol generating devices. Qiu teaches multiple suction grooves in communication with capillary channels to assist in atomizing stored smoke liquid and prevent the device from overheating [0028] and this merely involves applying a known groove modification to grooves of a similar aerosol generating device ready for improvement to yield predictable results.
Claims 30, 31, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 106820272 A, hereinafter citations referring to English Machine Translation), Fraser (US 20200000151 A1), Atkins (US 20200107585 A1), and Peng (US 20200094000 A1), as applied to claim 21, and further in view of Tan (US 20200060343 A1)
With regard to Claim 30, modified Huang teaches all the limitations of the claims as set forth above, however modified Huang is silent to:
Wherein the body comprises a first sub-body and a second sub-body
Wherein the second capillary groove is disposed on a surface of the foundation base between the first sub-body and the second sub-body
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Tan teaches (i) wherein the main body (Fig. 10: #331) comprises support portions (Fig. 10: #336) on the left and right sides of the main body (Fig. 10: #331), meeting the claim limitation of a first sub-body and a second sub body. (ii) The main body also comprises a second e-liquid inlet groove (Fig. 10: #333) that is positioned over the base (Fig. 10: #227) in between the support portions (Fig. 10: #336), wherein the support portions (Fig. 10: #336) are installed on the base (Fig. 10: #227, [0095]).
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 body of modified Huang to include a first sub-body and a second sub-body, wherein the second capillary groove is disposed on a surface of the foundation base between the first sub-body and the second sub-body because both Huang and Tan are directed to managing liquid leaks in aerosol generating devices. Tan teaches a main body portion comprising support portions, wherein a second e-liquid inlet groove is between the support portions on top of a base to mount a heating element in place [0094] and allow e-liquid to flow to the heating element [0093] and this merely involves applying a known feature to a foundation of a similar aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 31, modified Huang teaches all the limitations of the claims as set forth above, however modified Huang is silent to:
Wherein the first sub-body and the second sub-body are parallel to one another and perpendicularly provided on the foundation base
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Tan teaches wherein the left and right support portions (Fig. 10: #336) of the main body (Fig. 10: #331) are aligned in the same plane and do not intersect. They support portions (Fig. 10: #336) point outward and are installed on the base (Fig. 10: #337, [0095]), meeting the claim limitation of wherein the first sub-body and the second sub-body are parallel to one another and perpendicularly provided on the foundation base.
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 first and second sub-body of modified Huang to be parallel to one another and perpendicularly provided on the foundation base because both Huang and Tan are directed to managing liquid leaks in aerosol generating devices. Tan teaches a main body portion comprising support portions in parallel that are installed on a base to support the position of the main body in the base [0095] this merely involves applying a known feature to a foundation of a similar aerosol generating device ready for improvement to yield predictable results.
Claims 33 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 106820272 A, hereinafter citations referring to English Machine Translation), Fraser (US 20200000151 A1), Atkins (US 20200107585 A1), and Peng (US 20200094000 A1), as applied to claim 21, and further in view of Qiu (EP 3287017 A1).
With regard to Claim 33, modified Huang teaches all the limitations of the claims as set forth above, however modified Huang is silent to:
Wherein the first capillary groove comprises a plurality of first capillary grooves
Wherein each first capillary groove of the plurality of first capillary grooves is in fluid communication with the second capillary groove
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Qui, directed to an atomizer and aerosol generation device, teaches (i) multiple suction grooves (Fig. 3: #124) designed to store smoke liquid [0028]. (ii) Liquid can be stored in the multiple suction grooves (Fig. 3: #124) and capillary channels (Fig. 3: #126, [0028]). A person of ordinary skill in the art would find it obvious that the multiple suction grooves and capillary channels are in fluid communication because they are on the same surface and have the same function of storing smoke liquid. Furthermore, a person of ordinary skill in the art would be motivated to modify the first capillary groove of modified Huang to be a plurality of first capillary grooves to store a lot of smoke liquid to prevent the device from dry heating and overheating [0028].
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 first capillary groove of modified Huang to comprise a plurality of first capillary grooves, wherein the plurality of first capillary grooves is in communication with the second capillary grooves because both Huang and Qiu are directed to capillary action in aerosol generating devices. Qiu teaches multiple suction grooves in communication with capillary channels to assist in atomizing stored smoke liquid and prevent the device from overheating [0028] and this merely involves applying a known groove modification to grooves of a similar aerosol generating device ready for improvement to yield predictable results.
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 106820272 A, hereinafter citations referring to English Machine Translation), and further in view of Tan (US 20200060343 A1), Fraser (US 20200000151 A1), and Atkins (US 20200107585 A1).
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With regard to Claim 34, Huang teaches (i) a vaporizer including an atomizer seat (Fig. 4: #44, [0013]), meeting the claim limitation of a mounting base. (ii) The atomizer seat (Fig. 4: #44) includes a second seat body (Fig. 4: #442, [0047]), that supports the heating element (Fig. 4: #45) and the placement of the second channel (Fig. 4: #404), meeting the claim limitation of a foundation base. Huang teaches all the limitations of the claims as set forth above, however Huang is silent to:
A leaked liquid buffer structure comprising a first sub-body and a second sub-body that are perpendicularly disposed, at an interval, on the foundation base
Wherein a first capillary groove is provided on the side surface of the first sub-body that faces the second sub-body or the first capillary groove is provided on a side surface of the second sub-body that faces the first sub-body
Wherein a second capillary groove is provided on a surface of the foundation base between the first sub-body and the second sub-body
Wherein the first capillary groove and the second capillary groove are in fluid communication with one another
Wherein the first capillary groove and the second capillary groove join at an end of the first sub-body or second sub-body disposed on the foundation base to form a single continuous L-shaped capillary groove
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In regards to i., iii., and iv., Tan teaches (i) wherein the main body (Fig. 10: #331), designed to control the flow of received liquid [0093], comprises support portions (Fig. 10: #336) on the left and right sides of the main body (Fig. 10: #331) and are installed on the base (Fig. 10: #337, [0095]), meeting the claim limitation of a leaked liquid buffer structure comprising a first sub-body and a second sub-body that are perpendicularly disposed, at an interval, on the foundation base. (iii) The main body also comprises a second e-liquid inlet groove (Fig. 10: #333) that is positioned over the base (Fig. 10: #227) in between the support portions (Fig. 10: #336, [0095]). (iv) The first and second e-liquid inlet grooves to allow e-liquid to reach the heating unit [0100].
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 leaked liquid buffer structure of modified Huang to include a first sub-body and a second sub-body that are perpendicularly disposed, at an interval, on the foundation base, wherein a second capillary groove is provided on a surface of the foundation base between the first sub-body and the second sub-body, and wherein the first capillary groove and the second capillary groove are in fluid communication with one another because both Huang and Tan are directed to managing liquid leaks in aerosol generating devices. Tan teaches a main body portion comprising support portions, wherein a second e-liquid inlet groove is between the support portions on top of a base to mount a heating element in place [0094] and allow e-liquid to flow to the heating element [0093] and this merely involves applying a known feature to a foundation of a similar aerosol generating device ready for improvement to yield predictable results.
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In regards to ii., Fraser teaches (ii) conduits (Fig. 7: #6) that may be capillary channels, tubes, or slots [0059], relating to the capillary grooves of the claimed invention. The buffer (Fig. 7: #50) comprises walls that may be formed in two parts, an upper part (Fig. 7: #7a) and a lower part (Fig. 7: #7b) which are joined to create the chamber (Fig. 7: #7, [0063]), relating to the first and second sub-bodies of the claimed invention. A first conduit (Fig. 7: #6) is provided within the buffer (Fig. 7: #50) on a side of the upper chamber (Fig. 7: #7a) facing the lower chamber (Fig. 7: #7b) to provide a large buffer volume with little requirement to increase the overall size of the device [0064].
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 first capillary groove of modified Huang to be provided on the side surface of the first sub-body that faces the second sub-body or provided on a side surface of the second sub-body that faces the first sub-body because both Huang and Fraser are directed to using porous and capillary principles to control flow of liquid to a component for atomization. Fraser teaches a conduit, that may be in the form of capillary channels, on a side of the upper chamber to provide a large buffer volume with little requirement to increase the overall size of the device [0064] and this merely involves applying a known buffer structure configuration to a similar buffer of a known aerosol generating device ready for improvement to yield predictable results.
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In regards to v., Atkins teaches (v) Atkins teaches first and second grooves (Fig. 10A: “A” & “B”) formed in each of the multiple capillary channels (Fig. 10A: #704) in communication with each other, to produce capillary action and allow liquid to be drawn to the heater region of the heating element [0132]. The first groove (Fig. 10A: “A”) and the second groove (Fig. 10A: “B”) of any of the multiple capillary channels (Fig. 10A: #704) communicate in the form of a singular continuous L-shaped groove. One of ordinary skill in the art would be motivated to combine the groove configuration of Atkins with Tan's sub-body structure because the sub-bodies of Tan provide separate surfaces intersecting the bae, creating natural paths for liquid transport between the reservoir and heating element. Applying Atkin's groove configuration would allow liquid to be transported along the side surface of these sub-body structures and along the base toward the heating element, improving overall capillary transport efficiency.
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 body of modified Huang to Wherein the first capillary groove and the second capillary groove join at an end of the first sub-body or second sub-body disposed on the foundation base to form a single continuous L-shaped capillary groove because both Huang and Atkins are directed to capillary movement of liquid in an aerosol generating device. Atkins teaches multiple capillary channels with grooves in fluid communication to improve the control of pressure and capillary efficiency [0132] and this merely involves applying a known capillary groove configuration to a known aerosol generating device ready for improvement to yield predictable results.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755