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 and 3-21 are currently pending and are subject to this office action. Claim 2 is canceled. This office action is in response to Applicant’s request for continued examination filed on 12/22/2025.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 12/22/2025 containing remarks to the claims.
Response to Arguments
Applicant’s arguments, on pages 8-12, filed 12/22/2025, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. The Applicant argued that the pores disclosed by Huang do not extend along different directions but instead shows a difference between the direction of surface flow of the pores of Huang. However, upon further consideration, a new ground(s) of rejection is made in view of (IL 46320 A).
Applicant’s arguments, on pages 12-16, filed 12/22/2025, with respect to the rejection of claim 21 under 35 U.S.C. 103 have been fully considered and are persuasive. The Applicant argued that the disclosed prior art teaches an aligned gap and air inlet channel and the teaching of obviousness to support modifying the alignment would not lead to the same functional outcome. However, upon further consideration, a new ground(s) of rejection is made in view of Tanaka (US 20130037020 A1).
The following are modified rejections based on Applicant’s argument and remarks to the claims.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 21 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 21 recites the limitation "the plurality of air inlets" in line 13. There is insufficient antecedent basis for this limitation in the claim. For purposes of examining, “the plurality of air inlets” will be interpreted as “a plurality of air inlets”.
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, 4, 5, 6, 11, 12, 14, 17, 18, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (WO 2018161254 A1, hereinafter citations referring to English Machine Translation), further in view of (IL 46320 A, hereinafter referred to as ‘320) and Li (CN 109007980 A, hereinafter citations referring to English Machine Translation)
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With regard to Claim 1, Huang, directed to a leakage prevention device for an electronic cigarette, (i) teaches an electronic cigarette device comprising an atomizer device [0052]. (ii) An air flow channel comprises an air flow inlet and air flow outlet [0084]. (iii) A heating component (Fig. 4: #45) is disposed in the airflow channel (Fig. 4: #42).
(iv) The device includes a porous plate used to absorb smoke liquid through capillary action [0037], where the porous plate comprises an upper porous plate (Fig. 4: "UP43") and a lower porous plate (Fig. 4: "LP43”), meeting the claim limitation of a first capillary liquid absorbing structure and a second capillary liquid absorbing structure. (v) The porous plate (Fig. 4: #43) is arranged in a second channel (Fig. 4: #404, [0076]) and provided between the air inlet (Fig. 4: "air inlet") and the heating component (Fig. 4: #45). (vi) The upper porous plate (Fig. 4: "UP43") is located between the heating component (Fig 4: #45) and the lower porous plate (Fig. 4: "LP43").
(vii) Figure 4 illustrates a gap between the upper porous plate (Fig 4: "UP43”) and the lower porous plate (Fig. 4: "LP43") defining the second channel (Fig. 4: #404), which meets the claim limitation of a gap between the first capillary liquid absorbing structure and the second capillary liquid absorbing structure. The arrows in Figure 4 illustrate how air moves from the air inlet (Fig. 4: "air inlet") through the second channel (Fig. 4: #404) in the gap, created by the upper porous plate (Fig. 4: "UP43") and the lower porous plate (Fig. 4: "LP43"), to reach the heating component (Fig 4: #45), meeting the claim limitation of wherein the gap allows air entering from the plurality of air inlets to reach the vaporization core after flowing through the gap and the first capillary liquid absorbing structure sequentially.
Furthermore, (viii) one of ordinary skill in the art would realize that the process of air moving through a system would cause mixture. The air entering through the air inlet (Fig. 4: “air inlet”) would interact with each other as it flows through the second channel (Fig. 4: #404), as the second channel is a hollow structure and does not contain anything to prevent mixing. Huang teaches all the limitations of the claims as set forth above, however Huang is silent to:
Wherein the second capillary liquid absorbing structure comprises a first capillary groove and a second capillary groove extending along different directions
Wherein an extending direction of the first capillary groove and an extending direction of the second capillary groove define a plane
Wherein the plane defined by the extending direction of the first and second capillary grooves of the second capillary liquid absorbing structure is perpendicular to an extending direction of the first capillary liquid absorbing structure
A plurality of air inlets
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In regards to i., ii., and iii., '320, directed to a capillary wick, teaches (i) circumferential extending capillary grooves (Fig 1: #32), meeting the claim limitation of a first and second capillary groove. The capillary grooves can be in multiple groove orientations including continuous spiral grooves, different from a simple circumferential position (Pg. 4, Para. 2, Lines 1-8). One of ordinary skill in the art would find it obvious that a spiral groove runs around and along the length of a tube while a circumferential groove runs around a tube at the same position, meeting separate extending directions. (ii) Since the capillary grooves (Fig. 1: #32) are in opposing directions, one of ordinary skill in the art would find it obvious that the two non-parallel directions define a plane. (iii) When the grooves of '320 are combined with the second capillary liquid absorbing structure of Huang, the grooves would extend along a surface plane perpendicular to an extending direction of Huang's structure and would provide optimal capillary action to transport liquid at an efficient rate (Pg. 4, Para. 2, Lines 12-17).
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 absorbing structures of Huang to include a first capillary groove and a second capillary groove extending along different directions, wherein an extending direction of the first capillary groove and an extending direction of the second capillary groove define a plane, and wherein the plane defined by the extending direction of the first and second capillary grooves of the second capillary liquid absorbing structure is perpendicular to an extending direction of the first capillary liquid absorbing structure because both Huang and '320 are directed to improving vaporization of liquid using capillary action. '320 teaches capillary grooves in circumferential and continuous spiraling directions to provide optimal capillary action to transport liquid at an efficient rate (Pg. 4, Para. 2, Lines 12-17) and this merely involves combining prior art elements according to known liquid transfer methods to yield predictable results.
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In regards to iv., Li, directed to an atomizing device and electronic cigarette, teaches wherein a plurality of inlet holes (Fig. 2: #14a) are included on an air inlet plate (Fig. 2: #143) of a base (Fig. 2: #14) of the device [0040], wherein the air taken in through the inlet holes eventually pass through a heating element (Fig. 2: #122) and a porous element (Fig. 2: #121, [0040]). A person of ordinary skill in the art would find it obvious to substitute the air inlet of Huang with the plurality of inlet holes of Li because a plurality of inlet holes offers a more efficient and faster way for external air to enter the device [0044].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to substitute the air inlet of Huang with a plurality of air inlets because both Huang and Li are directed to using external air in an aerosol generating device with porous components. Li teaches a plurality of inlet holes to receive external air and guide to the heating component, eventually to be received by the user [0040] and this merely involves simple substitution of a known air inlet for a plurality of air inlets to obtain predictable results.
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With regard to Claim 4, Huang teaches wherein (i) a second connection member (Fig. 4: #462), meeting the claim limitation of a block member, is arranged in the path of airflow from the air inlet (Fig. 4: "air inlet") and the air outlet (Fig. 4: "air outlet”). (ii) The second connection member is provided between the gap, created between the upper porous plate (Fig. 4: "UP43") and the lower porous plate (Fig. 4: "LP43"), and the air inlet (Fig. 4: "air inlet"). Figure 4 shows where the second connection member stops direct contact between the gap and the air inlet. (iii) The gap, comprising the second channel (Fig. 4: #404), allows air flow to pass through from the lower porous plate (Fig. 4: "LP43") from the air inlet (Fig. 4: "air inlet) indicated by the arrows in Figure 4.
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With regard to Claim 5, Huang teaches wherein (i) the second connection member (Fig 4: #462) includes a flange (Fig. 4: "flange") and cylinder (Fig. 4: "cylinder") portion, meeting the claim limitation of wherein the block member comprises a first block member and a second block member. (ii) The flange (Fig. 4: "flange") and cylinder (Fig. 4: "cylinder") portions are connected at a perpendicular angle and form a space for the gap between the upper porous plate (Fig. 4: "UP43") and the lower porous plate (Fig. 4: "LP43").
(iii) The flange (Fig. 4: "flange") and cylinder (Fig. 4: "cylinder") portions are connected to the lower porous plate (Fig. 4: "LP") and the gap is formed above of the lower porous plate (Fig. 4: "LP43"). (iv) The gap, comprising the second channel (Fig. 4: #404), allows air flow to pass through from the lower porous plate (Fig. 4: "LP43") from the air inlet (Fig. 4: "air inlet) indicated by the arrows in Figure 4.
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With regard to Claim 6, Huang teaches wherein (i) the airflow channel (Fig. 4: #42) comprises a first channel (Fig. 4: #403) and a second channel (Fig. 4: #404) that allows air to pass through [0071]. (ii) Airflow passes from the first channel (Fig. 4: #403) to an air guide channel (Fig. 4: #401, [0071]) in communication with an outlet at the top of the device (Fig. 4: "air outlet") and the second channel (Fig. 4: #404) is in communication with an air inlet (Fig. 4: "air inlet) at the bottom of the device. The first channel (Fig. 4: # 403), meeting the claim limitation of an intermediate channel, comprises a connection to the heating component (Fig. 4: #45, [0072]), the upper porous plate (Fig. 4: "UP43"), and the lower porous plate (Fig. 4: "LP43", [0073]).
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With regard to Claim 11, Huang teaches (i) wherein an end opening (Fig. 4: “air outlet”) of the air flow channel (Fig. 4: #42) is located at on a flat plane of the top of the device, outside the gap created between the upper porous plate (Fig. 4: "UP43") and the lower porous plate (Fig. 4: "LP43”). Although an orthographic projection of the air flow channel and gap is not shown, a person of ordinary skill in the art would find it obvious that the principal view of the air flow channel and the gap would produce the limitations of the orthographic projection in the claimed invention.
(ii) The first channel (Fig. 4: #403), meeting the claim limitation of the intermediate channel, forms part of the air flow channel (Fig. 4: #42), comprising the end opening (Fig. 4: “air outlet”) illustrated by the end of the arrows in Figure 4 [0071]. (iii) The plane in which air flows moves through the air flow channel vertically, as shown by the arrows and Figure 4, and is perpendicular to the horizontal directions of the upper porous plate (Fig. 4: "UP43") and the lower porous plate (Fig. 4: "LP43"), meeting the claim limitation of wherein the reference plate is perpendicular to a direction along which the first capillary liquid absorbing structure and the second capillary liquid absorbing structure are opposite to each other.
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With regard to Claim 12, Huang teaches (i) wherein the air flow channel (Fig. 4: #42) comprises the first channel (Fig. 4: #403) and the second channel (Fig. 4: #404, [0071]), meeting the claim limitation of wherein the air inlet channel comprises at least two first sub-channels. (ii) Air flow can pass through the connected second channel and the first channel in sequence [0071]. (iii) The first channel (Fig.4: #403) and the second channel (Fig. 4: #404) differ in width, illustrating that the extending direction of each channel differ.
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With regard to Claim 14, Huang teaches (i) the air flow channel (Fig. 4: #42), that is formed with an air guide channel (Fig. 4: #401, [0071]), meeting the claim limitation of an air outlet channel, connected to the air outlet (Fig. 4: “air outlet”). (ii) The second channel (Fig. 4: #404), relating to the intermediate channel of the claimed invention, is connected to the air guide channel (Fig. 4: #401, [0071]) connected to the air outlet (Fig. 4: “air outlet”).
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With regard to Claim 17, Huang teaches (i) an atomizer seat (Fig. 4: #44) with a connecting assembly (Fig. 4: #46) located at its side [0069], meeting the claim limitation of a first carrier and a second carrier. The atomizer seat comprises the first channel and the connecting assembly comprises the second channel, where the first and second channel are part of a connection forming the air flow channel [0071], meeting the claim limitation of wherein the first carrier is docked with the second carrier from the air flow channel. (ii) A porous plate can be arranged in the first channel [0073] and the heating component passes through the first channel arranged on the atomizer seat [0071]. (ii) A porous plate can also be arranged in the second channel of the connecting assembly [0073].
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With regard to Claim 18, Huang teaches a porous plate disposed in a third channel (Fig. 5: #501), relating to a third capillary liquid absorbing structure, connected to an inner channel of the housing (Fig. 5: #51) to form an airflow channel (Fig. 5: #52) to pass to the atomizing device [0086], meeting the claim limitation of wherein the third capillary liquid absorbing structure is arranged on a part of the inner wall of the airflow channel that is in communication with the vaporization core.
With regard to Claim 19, Huang teaches wherein the pore size of the through holes of the upper porous plate and lower porous plate are in the range of 0.05 -1.0 mm [0037] and the pore size of the through holes of the porous plate in the third channel is in the range of 0.05 -1.0 mm [0081]. One of ordinary skill in the art would have been able to determine an efficient size for capillary grooves given the significant amount of overlap of the through holes of Huang and is therefore considered prima facie obvious. Further, one of ordinary skill in the art would be motivated to combine the grooves of modified Huang with the dimensions of the pore sizes of Huang based on their shared effective capillary principles to ensure efficient adsorption of leaked liquid [0046].
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With regard to Claim 20, Huang (i) teaches a control component [0083], meeting the claim limitation of a main unit. Huang further teaches (ii) an electronic cigarette device [0007], meeting the claim limitation of a vaporizer. The device includes an air flow inlet and an air flow outlet [0084]. (iii) The air flow channel is comprised of the air flow inlet and the air flow outlet [0084]. (iv) A heating component (Fig. 4: #45) is disposed in the airflow channel (Fig. 4: #42).
(v) The device includes a porous plate used to adsorb smoke liquid through capillary action [0037], where the porous plate comprises an upper porous plate (Fig. 4: "UP43") and a lower porous plate (Fig. 4: "LP43”), meeting the claim limitation of a first capillary liquid absorbing structure and a second capillary liquid absorbing structure. (vi) The porous plates are arranged in a second channel (Fig. 4: #404, [0076]) and provided between the air inlet (Fig. 4: "air inlet") and the heating component (Fig. 4: #45). (vii) The upper porous plate (Fig. 4: "UP43") is located between the heating component (Fig 4: #45) and the lower porous plate (Fig. 4: "LP43").
(viii) Figure 4 illustrates a gap between the upper porous plate (Fig 4: "UP) and the lower porous plate (Fig. 4: "LP"). (ix) The arrows in Figure 4 illustrate how air moves from the air inlet (Fig. 4: "air inlet") through the second channel (Fig. 4: #404) in the gap created by the upper porous plate (Fig. 4: "UP") and the lower porous plate (Fig. 4: "LP") to reach the heating component (Fig 4: #45), meeting the claim limitation of wherein the gap allows air entering from the plurality of air inlets to reach the vaporization core after flowing through the gap and the first capillary liquid absorbing structure sequentially. (x) The control component assists with the supply of power to the electronic cigarette [0083].
Furthermore, (xi) the arrows in Figure 4 illustrate how air moves from the air inlet (Fig. 4: "air inlet") through the second channel (Fig. 4: #404) in the gap, created by the upper porous plate (Fig. 4: "UP43") and the lower porous plate (Fig. 4: "LP43"), to reach the heating component (Fig 4: #45). A person of ordinary skill in the art would realize that the process of air moving through a system would cause mixture. The air entering through the air inlet (Fig. 4: “air inlet”) would interact with each other as it flows through the second channel (Fig. 4: #404), as the second channel is a hollow structure and does not contain anything to prevent mixing. Huang teaches all the limitations of the claims as set forth above, however Huang is silent to:
Wherein the second capillary liquid absorbing structure comprises a first capillary groove and a second capillary groove extending along different directions
Wherein an extending direction of the first capillary groove and an extending direction of the second capillary groove define a plane
Wherein the plane defined by the extending direction of the first and second capillary grooves of the second capillary liquid absorbing structure is perpendicular to an extending direction of the first capillary liquid absorbing structure
A plurality of air inlets
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In regards to i., ii., and iii., '320, directed to a capillary wick, teaches (i) circumferential extending capillary grooves (Fig 1: #32), meeting the claim limitation of a first and second capillary groove. The capillary grooves can be in multiple groove orientations including continuous spiral grooves, different from a simple circumferential position (Pg. 4, Para. 2, Lines 1-8). One of ordinary skill in the art would find it obvious that a spiral groove runs around and along the length of a tube while a circumferential groove runs around a tube at the same position, meeting separate extending directions. (ii) Since the capillary grooves (Fig. 1: #32) are in opposing directions, one of ordinary skill in the art would find it obvious that the two non-parallel directions define a plane. (iii) When the grooves of '320 are combined with the second capillary liquid absorbing structure of Huang, the grooves would extend along a surface plane perpendicular to an extending direction of Huang's structure and would provide optimal capillary action to transport liquid at an efficient rate (Pg. 4, Para. 2, Lines 12-17).
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 absorbing structures of Huang to include a first capillary groove and a second capillary groove extending along different directions, wherein an extending direction of the first capillary groove and an extending direction of the second capillary groove define a plane, and wherein the plane defined by the extending direction of the first and second capillary grooves of the second capillary liquid absorbing structure is perpendicular to an extending direction of the first capillary liquid absorbing structure because both Huang and '320 are directed to improving vaporization of liquid using capillary action. '320 teaches capillary grooves in circumferential and continuous spiraling directions to provide optimal capillary action to transport liquid at an efficient rate (Pg. 4, Para. 2, Lines 12-17) and this merely involves combining prior art elements according to known liquid transfer methods to yield predictable results.
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In regards to iv., Li teaches wherein a plurality of inlet holes (Fig. 2: #14a) are included on an air inlet plate (Fig. 2: #143) of a base (Fig. 2: #14) of the device [0040], wherein the air taken in through the inlet holes eventually pass through a heating element (Fig. 2: #122) and a porous element (Fig. 2: #121, [0040]). A person of ordinary skill in the art would find it obvious to substitute the air inlet of Huang with the plurality of inlet holes of Li because a plurality of inlet holes offers a more efficient and faster way for external air to enter the device [0044].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to substitute the air inlet of Huang with a plurality of air inlets because both Huang and Li are directed to using external air in an aerosol generating device with porous components. Li teaches a plurality of inlet holes to receive external air and guide to the heating component, eventually to be received by the user [0040] and this merely involves simple substitution of a known air inlet for a plurality of air inlets to obtain predictable results.
Claims 3, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (WO 2018161254 A1, hereinafter citations referring to English Machine Translation), (IL 46320 A, hereinafter referred to as ‘320), and Li (CN 109007980 A), as applied to claim 1 above, and further in view of Jones (GB 2561959 A).
With regard to Claim 3, Huang teaches all of the limitations of the claims as set forth above, however Huang is silent to:
Wherein the first capillary liquid absorbing structure comprises a plurality of capillary grooves
Wherein extending directions of the plurality of capillary grooves being parallel to each other and cross-sectional areas thereof being the same
Wherein flow rates and flow directions of airflows flowing through the capillary grooves are the same
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Jones, directed to an aerosol delivery system, teaches (i) a fluid transport region that comprises a plurality of capillary channels (Pg. 11, Line 38) that are formed as open grooves (Pg. 12, Line 1). (ii) The capillary channels are parallel to each other (Pg. 11, Line 40) and cross-sectional areas thereof are the same (Fig. 17: #63). (iii) The symmetry of the device in relation to the capillary channels in Figure 17, would make it obvious to a person of ordinary skill in the art to maintain the air flow and direction of the capillary channels, meeting the claim limitation of wherein flow rates and flow directions of air flows flowing through the capillary grooves are the same.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill the art to modify the first capillary liquid absorbing structure of Huang to comprise a plurality of capillary grooves, wherein extending direction of the grooves are parallel and cross-sectional areas, flow rates, and flow directions of the capillary grooves being the same because both Huang and Jones are directed to using capillary action in a vaporization device for fluid transport. Jones teaches fluid transport regions with parallel and same sized cross-sectional areas to urge a flow of precursor liquid from a substrate to a heating element and this merely involves applying a known capillary groove technique to a similar vaporization device to yield predictable results.
With regard to Claim 15, modified Huang teaches all of the limitations of the claims as set forth above, however modified Huang is silent to:
Wherein the first capillary liquid absorbing structure and the second capillary liquid absorbing structure comprise capillary grooves
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Jones, directed to an aerosol delivery system, teaches wherein there are two fluid transport regions (Fig. 17: #62) and each fluid transport region comprises a plurality of capillary channels (Pg. 11: Line 38) forming open grooves (Pg. 12: Line 1).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill the art to modify the first capillary liquid absorbing structure and the second capillary liquid absorbing structure of modified Huang to comprise capillary grooves because both Huang and Jones are directed to using capillary action in a vaporization device for fluid transport. Jones teaches two fluid transport regions with a plurality of capillary channels to urge a flow of precursor liquid from a substrate to a heating element and this merely involves applying a known capillary groove technique to a similar vaporization device to yield predictable results.
Claims 7, 8, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (WO 2018161254 A1, hereinafter citations referring to English Machine Translation), (IL 46320 A, hereinafter referred to as ‘320), and Li (CN 109007980 A), as applied to claims 1 and 6 above, and further in view of Blandino (CN 110785091 A, hereinafter citations referring to US 20210145072 A1 for English language equivalent).
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With regard to Claim 7, Huang teaches wherein (i) the lower porous plate (Fig. 4: "LP43") is arranged in the lower part of the device in a path of the air inlet (Fig. 4: "air inlet"), where the porous plates are arranged in the air flow channel [0066]. Huang further teaches (ii) a first seat body (Fig. 1: #141) and a second seat body (Fig. 1: #142) that surround a disconnected opening of the air flow channel (Fig. 1: #12) of the air guide channel (Fig. 1: #101), meeting the claim limitation of wherein a first dam and second dam are arranged around a periphery of the end opening of the air inlet channel being arranged in the intermediate channel.
(iii) Figures 1 and 4 illustrate where the second seat body (Fig 1: #141) is closer to the gap between the upper porous plate (Fig. 4: "UP43") and the lower porous plate (Fig. 4: "LP43") comprising the second channel (Fig. 4: #404). (iv) The air inlet (Fig. 4: "air inlet"), relating to an end opening in the claimed invention, is connected to the second channel (Fig. 4: #404) illustrated by the arrows showing the flow of air through the device in Figure 4.
(v) The porous plates (Fig. 4: #43) can be arranged in the gap between the upper porous plate (Fig. 4: "UP43") and the lower porous plate (Fig. 4: "LP43"), defining the second channel (Fig. 4: #404), and absorbs smoke liquid [0073] coming from the flow in the air flow channel (Fig. 4: #42), meeting the claim limitation of wherein the gap is in communication with the air inlet channel through the second capillary liquid absorbing structure. Modified Huang teaches all of the limitations of the claims as set forth above, however modified Huang is silent to:
Wherein the first dam provides blocking between the gap and the air inlet channel so as to limit the gap from being in direct communication with the air inlet channel
Wherein the first dam and the second dam are further configured to isolate the air inlet channel from the second capillary liquid absorbing structure
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Blandino, directed to an electronic vapor provision system, teaches (i) wherein a second barrier portion (Fig. 7A: #700B) is positioned over a central bore (Fig. 7A: #701, [0071]), creating a blockage between a gap (Fig. 7A: #702) and an inhalation path (Fig 7A: #703), meeting the claim limitation of wherein the first dam provides blocking between the gap and the air inlet channel so as to limit the gap from being in direct communication with the air inlet channel. (ii) A first barrier portion (Fig. 7A: #700A) and the second barrier portion (Fig. 7A: #700B) are seen enclosing the inhalation path (Fig. 7A: #703). A person of ordinary skill in the art would recognize that combining an enclosed inhalation path to the second capillary liquid absorbing structure of modified Huang would be an obvious modification based on the similar purpose of isolation.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the air inlet channel of modified Huang to include a first and second dam arranged around a periphery of the end opening of the air inlet channel arranged in the intermediate channel, wherein the first dam is close to the gap relative the second dam and creates a blockage between the gap and the air inlet channel, and where the first and second dam isolate the air inlet channel from the second capillary liquid absorbing structure because both Huang and Blandino are directed to aerosol delivery devices comprising means of isolation and this merely involves the use of a known barrier isolation technique to improve a similar aerosol delivery device to yield predictable results.
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With regard to Claim 8, Huang teaches wherein (i) the second channel (Fig. 4: #404), situated on the lower porous plate (Fig. 4: "LP43"), forms part of the air flow channel [0071], meeting the claim limitation of wherein the air inlet channel is in communication with the second capillary liquid absorbing structure. (ii) Air flow can enter from the side, relating to a vent opening, of a connecting component (Fig. 4: #46) and pass through the second channel [0071] defined in the gap between the upper porous plate (Fig. 4: "UP43") and the lower porous plate (Fig. 4: "LP43"), meeting the claim limitation of wherein communication occurs through the vent opening and is in communication with the gap. Modified Huang teaches all of the limitations of the claims as set forth above, however modified Huang is silent to:
Wherein a height of the first dam is higher than a height of the second dam
Wherein a vent opening is formed between the first dam and the second dam
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Blandino teaches wherein (i) the first barrier portion (Fig. 7A: #700A) is taller than the second barrier portion (Fig. 7A: #700B). (ii) An opening (Fig. 7A: "opening 2") is formed between the first barrier portion (Fig. 7A: #700A) and the second barrier portion (Fig. 7A: #700B).
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify the first and second dam of modified Huang to where a height of the first dam is higher than a height of the second dam and wherein a vent opening is formed between the first and second dam because both Huang and Blandino are directed to aerosol delivery devices with means for isolation. Blandino teaches a first barrier portion that is taller than a second barrier portion with an opening between the first and second barrier portions to block a portion of the air channel through which air travels and this merely involves applying a known measurement and feature to barriers of a similar aerosol delivery device to yield predictable results.
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With regard to Claim 9, Huang teaches wherein the first seat body (Fig. 1: #141) and the second seat body (Fig. 1: #142) appear taller in height than the lower porous plate (Fig. 4: "LP43").
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With regard to Claim 10, Huang teaches wherein (i) the first seat body (Fig. 1: #141), second seat body (Fig. 1: #142), and a side wall (Fig. 1: "SW") at the end of an air guide channel (Fig. 1: #101), relating to the intermediate channel, surround an opening of an air flow channel (Fig. 1: #12) connected to a heating component (Fig. 1: #15). (ii) The bottom of the air guide channel (Fig. 1: #101) forms an opening used to form the air flow channel [0039], meeting the claim limitation of wherein the end opening is in communication with the intermediate channel.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (WO 2018161254 A1, hereinafter citations referring to English Machine Translation), (IL 46320 A, hereinafter referred to as ‘320), and Li (CN 109007980 A), as applied to claims 1 and 6 above, and further in view of Jones (GB 2561959 A).
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With regard to Claim 13, Huang teaches wherein the gap, between the upper porous plate (Fig. 4: "UP43") and the lower porous plate (Fig. 4: "LP43"), comprises the second channel (Fig. 4: #404) and is arranged across from the lower porous plate (Fig. 4: "LP43", [0073]). Modified Huang teaches all of the limitations of the claims as set forth above, however modified Huang is silent to:
Wherein two opposite air inlet channels are provided on a bottom portion of the intermediate channel
Wherein the gap is provided between the two air inlet channels.
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Jones, directed to an aerosol delivery system, teaches two air streams (Fig. 12: #44a and 44b) that enter and exit an outlet fluid communication pathway (Fig. 12: #48, Pg. 28: Lines 39-40 & Pg. 29: Lines 1-2) at the bottom of the pathway, directing air in different directions, meeting the claim limitation of wherein two opposite air inlet channels are provided on a bottom portion of the intermediate channel. The fluid communication pathway (Fig. 12: #48) is also provided between the two air streams (Fig. 12: #44a and 44b), meeting the claim limitation of wherein the gap is provided between the two air inlet channels.
Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill the art to modify intermediate channel of modified Huang to comprise two opposite air inlet channels on a bottom portion of the intermediate channel and the gap between the two air inlet channels because both Huang and Jones are directed to using capillary action in a vaporization device for fluid transport. Jones teaches two air streams in communication with a fluid communication pathway between the two air streams to control and maintain the flow of aerosol inhaled by the user and this merely involves using a known multiple air inlet technique to improve a similar vaporization device in the same way.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (WO 2018161254 A1, hereinafter citations referring to English Machine Translation), (IL 46320 A, hereinafter referred to as ‘320), and Li (CN 109007980 A), as applied to claims 1 and 6 above, and further in view of Tanaka(US 20130037020 A1).
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 first capillary groove and the second capillary groove are in communication with each other
Wherein the plane defined by extending directions of the first capillary groove and the second capillary groove is perpendicular to an extending direction of a capillary groove of the first capillary liquid absorbing structure
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'320, directed to a capillary wick, teaches (i) circumferential extending capillary grooves (Fig 1: #32). The capillary grooves can be in multiple groove orientations including continuous spiral grooves. One of ordinary skill in the art would understand that the multitude of spiral grooves would allow for fluid communication. (ii) Since the capillary grooves (Fig. 1: #32) are in opposing directions, one of ordinary skill in the art would find it obvious that the two non-parallel directions define a plane. When the grooves of '320 are combined with the second capillary liquid absorbing structure of Huang, the grooves would extend along a surface plane perpendicular to an extending direction of Huang's structure and would provide optimal capillary action to transport liquid at an efficient rate (Pg. 4, Para. 2, Lines 12-17).
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 absorbing structures of Huang to include wherein the first capillary groove and the second capillary groove are in communication with each other and wherein the plane defined by extending directions of the first capillary groove and the second capillary groove is perpendicular to an extending direction of a capillary groove of the first capillary liquid absorbing structure because both Huang and '320 are directed to improving vaporization of liquid using capillary action. '320 teaches capillary grooves in circumferential and continuous spiraling directions to provide optimal capillary action to transport liquid at an efficient rate (Pg. 4, Para. 2, Lines 12-17) and this merely involves combining prior art elements according to known liquid transfer methods to yield predictable results.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (WO 2018161254 A1, hereinafter citations referring to English Machine Translation), further in view of Li (CN 109007980 A, hereinafter citations referring to English Machine Translation) and Tanaka (US 20130037020 A1).
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With regard to Claim 21, Huang, directed to a leakage prevention device for an electronic cigarette, (i) teaches an electronic cigarette device comprising an atomizer device [0052]. (ii) An air flow channel comprises an air flow inlet and air flow outlet [0084]. (iii) A heating component (Fig. 4: #45) is disposed in the airflow channel (Fig. 4: #42).
(iv) The device includes a porous plate used to absorb smoke liquid through capillary action [0037], where the porous plate comprises an upper porous plate (Fig. 4: "UP43") and a lower porous plate (Fig. 4: "LP43”), meeting the claim limitation of a first capillary liquid absorbing structure and a second capillary liquid absorbing structure. (v) The porous plate (Fig. 4: #43) is arranged in a second channel (Fig. 4: #404, [0076]) and provided between the air inlet (Fig. 4: "air inlet") and the heating component (Fig. 4: #45). (vi) The upper porous plate (Fig. 4: "UP43") is located between the heating component (Fig 4: #45) and the lower porous plate (Fig. 4: "LP43").
(vii) Figure 4 illustrates a gap between the upper porous plate (Fig 4: "UP43”) and the lower porous plate (Fig. 4: "LP43") defining the second channel (Fig. 4: #404). The arrows in Figure 4 illustrate how air moves from the air inlet (Fig. 4: "air inlet") through the second channel (Fig. 4: #404) in the gap, created by the upper porous plate (Fig. 4: "UP43") and the lower porous plate (Fig. 4: "LP43"), to reach the heating component (Fig 4: #45), meeting the claim limitation of wherein the gap allows air entering from the plurality of air inlets to reach the vaporization core after flowing through the gap and the first capillary liquid absorbing structure sequentially.
Furthermore, (viii) one of ordinary skill in the art would realize that the air entering through the air inlet (Fig. 4: “air inlet”) would interact with each other as it flows through the second channel (Fig. 4: #404), as the second channel is a hollow structure and does not contain anything to prevent mixing, meeting the claim limitation of wherein air entering from the plurality of air inlets flows through the first capillary liquid absorbing structure after being mixed at the gap. (ix) Huang teaches all the limitations of the claims as set forth above, however Huang is silent to:
A plurality of air inlets
Wherein the air inlet channel and the gap are misaligned
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In regards to i., Li, directed to an atomizing device and electronic cigarette, teaches wherein a plurality of inlet holes (Fig. 2: #14a) are included on an air inlet plate (Fig. 2: #143) of a base (Fig. 2: #14) of the device [0040], wherein the air taken in through the inlet holes eventually pass through a heating element (Fig. 2: #122) and a porous element (Fig. 2: #121, [0040]). A person of ordinary skill in the art would find it obvious to substitute the air inlet of Huang with the plurality of inlet holes of Li because a plurality of inlet holes offers a more efficient and faster way for external air to enter the device [0044].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to substitute the air inlet of Huang with a plurality of air inlets because both Huang and Li are directed to using external air in an aerosol generating device with porous components. Li teaches a plurality of inlet holes to receive external air and guide to the heating component, eventually to be received by the user [0040] and this merely involves simple substitution of a known air inlet for a plurality of air inlets to obtain predictable results.
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In regards to ii., Tanaka, directed to a nebulizer kit and nebulizer, teaches an air introduction tube (Fig. 6: #114, [0036]), relating to the air inlet channel of the claimed invention. Tanaka further teaches an opening portion (Fig. 6: #133) and flow region leading to a discharge port (Fig. 6: #132), formed by a flow channel formation member (Fig. 6; #130, [0034-00367]), relating to the gap of the claimed invention. The aerosol discharge port (Fig. 6: #132) is provided offset towards the outside in a radial direction [0035]. One of ordinary skill in the art would find it obvious that since the gap leas to the discharge port, the gap is also radially offset from the centrally located air introduction tube (Fig. 6: #114) to redirect airflow and enable ease of separation for cleaning after use [0035].
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 channel and gap of Huang to wherein the air inlet channel and the gap are misaligned because both Huang and Tanaka are directed to improving the efficiency of aerosol production. Tanaka teaches an offset aerosol discharge port to redirect airflow and enable ease of separation for cleaning after use [0035] and this merely involves combining prior art element according to known air and liquid flow methods to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755