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 .
Response to Submission
The amendments and remarks filed on 2025 September 8 have been entered. Claims 1-18 are pending. Claims 10-18 remain withdrawn.
Claims 1-9 are presently examined.
Claim Objections
Claim 9 is objected to because of the following informalities:
Claim 9: “through hole and” should be “through hole, and”.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2 and 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Peng (CN 210432830 U with reference made to machine translation) in view of Liu (US 20150282528 A1).
Claim 1: Peng teaches an e-liquid filling structure (fig. 1), applied to an aerosol generating device (title) and comprising:
a drip tip (110), comprising an inhaling end (topmost end of 110) and a first mounting end (bottommost end of 110), wherein the drip tip (110) is provided with an e-liquid cartridge (111) inside, the first mounting end (bottommost end of 110) is provided with an e-liquid hole (112) communicating with the e-liquid cartridge (111), and the inhaling end (topmost end of 110) is provided with an air duct holder (portion of 110 which surrounds 130) protruding into the e-liquid cartridge (interior of 110) and having an air duct pipe mounting hole (interior of 110 which surrounds 130) and an inhaling hole (113) communicating with the air duct pipe mounting hole (121);
a base (200), comprising a second mounting end (bottommost end of 200) and a first sealing end (topmost end of 200), wherein the second mounting end (bottommost end of 200) is connected to the first mounting end (bottommost end of 110), and the first sealing end (topmost end of 200) seals [37] a hole (112);
an atomizing core (120), comprising a first end (bottommost end of 120) disposed on the base (200), a second end (topmost end of 120), opposite to the first end (bottommost end of 120), that extends from the e-liquid hole (112) into the e-liquid cartridge (111), and a sealing ring (210) is provided at the first end (bottommost end of 121) of the atomizing core housing and configured to produce a seal [37] between the atomizing core housing (121) and the base (200);
and a connecting seal (140), comprising a second sealing end (topmost end of 140) and a third sealing end (bottommost end of 140) that are opposite each other, wherein the second sealing end (topmost end of 140) seals [35] an air duct (interior of 130), the third sealing end (bottommost end of 140) seals [35] the second end (topmost end of 120) of the atomizing core, and the connecting seal (140) is provided with a through hole (longitudinal hole of 140) running through the second sealing end (topmost end of 140) and the third sealing end (bottommost end of 140).
“Drip tip” is interpreted to include the meaning of “solid tip”, consistent with applicant fig. 1, #1 showing a solid tip.
Peng does not explicitly teach that the hole is an e-liquid injection hole, or that the seals are hermetic.
Liu teaches an e-liquid filling structure (fig. 5) comprising an e-liquid hole (13) that is an e-liquid injection hole, such that an atomizing core (3) can seal the e-liquid injection hole (13) in order to yield convenient replacement of the combined atomizing core and seal [49].
Peng’s base (fig. 1, #200) and Liu’s base (fig. 2, #33) both fill a hole at an end of the device which abuts a liquid storage element and is opposite an inhaling end to yield expectation to succeed.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to modify Peng’s hole to be an e-liquid injection hole as taught by Liu, because doing so would enable the atomizing core to seal the hole in order to yield convenient replacement of the combined atomizing core and seal.
Liu teaches an e-liquid filling structure (fig. 2) comprising hermetic seals [57], such that an anti-leak storage chamber can be formed [57].
One of ordinary skill would envisage making Peng’s seals tight, for the benefit of cleanly separating Peng’s sealed compartments [35], in a manner similar to Liu’s hermetic seals.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to make Peng’s seals hermetic as taught by Liu, because doing so would form anti-leak storage chambers from the sealed compartments.
Claim 2: modified Peng teaches the e-liquid filling structure according to claim 1, wherein the e-liquid cartridge (fig. 1, #111) is provided with a maximum fill line (topmost edge of 111) inside.
Claim 4: modified Peng teaches the e-liquid filling structure according to claim 1, wherein the through hole (fig. 1, longitudinal hole of #140) is provided with a first section (topmost portion of through hole) of a through hole and a second section (bottommost portion of through hole) of a through hole that communicate with each other, the first section (topmost portion of through hole) of the through hole extends through the second sealing end (topmost end of 140), and the second section (bottommost portion of through hole) of the through hole extends through the third sealing end (bottommost end of 140).
Claim 5: modified Peng teaches the e-liquid filling structure according to claim 4.
Modified Peng does not explicitly teach that a baffle ring is provided between the first section of the through hole and the second section of the through hole.
Peng teaches a baffle ring (fig. 1, #250) positioned in the path of flowing liquid, such that the baffle ring forms an anti-leakage groove [39].
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add a duplicate of Peng’s baffle ring between the first section of the through hole and the second section of the through hole, which is squarely in the path of flowing liquid, because doing so would enable the baffle ring to form an anti-leakage groove.
Claim 6: modified Peng teaches the e-liquid filling structure according to claim 5, further comprising: an air duct pipe (fig. 1, #130), wherein the air duct pipe (130) comprises: a first end (topmost end of 130) of an air duct pipe and a second end (bottommost end of 130) of an air duct pipe opposite each other, an air duct (interior of 130) is provided in the air duct pipe (130) and runs through the first end (topmost end of 130) of the air duct pipe and the second end (bottommost end of 130) of the air duct pipe, the first end (topmost end of 130) of the air duct pipe is connected to the inhaling end (topmost end of 110), the second end (bottommost end of 130) of the air duct pipe extends into the e-liquid cartridge (111), the inhaling end (topmost end of 110) is provided with an inhaling hole (topmost hole of 110), and the inhaling hole (topmost hole of 110) allows the air duct (interior of 130) to communicate with the outside of the drip tip (110).
Modified Peng does not explicitly teach that the air duct pipe and the inhaling end are detachably connected.
Making the air duct pipe and the inhaling end separable would yield the benefit of being able to clean the interior of the device.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to make Peng’s air duct pipe and inhaling end detachably connected, because doing so would be making parts separable for the benefit of cleaning the interior of the device. See MPEP 2144.04(V)(C).
Claim 7: modified Peng teaches the e-liquid filling structure according to claim 6, wherein the air duct pipe (fig. 1, #130) is configured to be sheathed in the first section (topmost portion of through hole) of the through hole (longitudinal hole of 140).
Claim 8: modified Peng teaches the e-liquid filling structure according to claim 5, wherein the atomizing core (fig. 1, #120) comprises:
an atomizing core housing (121), comprising: a first end (bottommost end of 121) of an atomizing core housing and a second end (topmost end of 121) of an atomizing core housing that are opposite each other, wherein the atomizing core housing (121) is provided with a heating wire mounting hole (interior of 121) and an air hole (topmost hole of 121) communicating with the heating wire mounting hole (interior of 121), the heating wire mounting hole (interior of 121) extends through the atomizing core housing second end (topmost end of 121), and the first end (bottommost end of 121) of the atomizing core housing is provided on the base (200);
a heating wire (123 and 230) provided in the heating wire mounting hole (interior of 121), wherein atomization cotton (122) is provided between the heating wire (123 and 230) and a hole wall (topmost edge of 121) of the heating wire mounting hole (interior of 121).
Claims 3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Peng (CN 210432830 U) in view of Liu (US 20150282528 A1) as applied to claims 1 and 8 in further view of Kong (CN 210226904 U with reference made to machine translation).
Claim 3: modified Peng teaches the e-liquid filling structure according to claim 1.
Modified Peng does not explicitly teach that the first sealing end is provided with a base silica gel configured to produce a seal between the e-liquid cartridge and the base.
Kong teaches an e-liquid filling structure (fig. 13) comprising a first sealing end (topmost end of shell) provided with a base silica gel (fig. 10, #22 as in [58]) configured to produce a seal [59] between an e-liquid cartridge (fig. 13, interior of shell) and a base (200), such that a storage chamber is formed to reduce liquid leakage [59].
“Base silica gel” is interpreted to include the meaning of “silica gel”.
Peng and Kong both comprise liquid storage elements at ends of the devices opposite inhaling ends to yield expectation to succeed.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add Kong’s silica gel to Peng such that the first sealing end is provided with a base silica gel configured to produce a seal between the e-liquid cartridge and the base, because doing so would form a storage chamber to reduce liquid leakage.
Claim 9: modified Peng teaches the e-liquid filling structure according to claim 8, wherein the air duct pipe (fig. 1, #130) is configured to be sheathed in the first section (topmost section of through hole) of the through hole (longitudinal hole of 140).
Modified Peng does not explicitly teach that the atomizing core housing is configured to be sheathed in the second section of the through hole.
Kong teaches an e-liquid filling structure (fig. 15) comprising an atomizing core housing (fig. 10, #300) sheathed in a second section (collocated with #J) of a through hole, such that the atomizing core housing is sealed within the device [56-57] and thereby secured.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to reshape Peng’s through hole and atomizing core housing such that the atomizing core housing is sheathed in the second section of the through hole, because doing so would seal the atomizing core housing within the device and thereby secure the atomizing core housing.
Response to Arguments
Applicant’s arguments of 2025 September 8 have been carefully considered but are not persuasive.
Applicant argues (p. 11, [final paragraph] – p. 12, [2]) that Peng’s fig. 1, #210 is disclosed as a pressure cover and not as a sealing ring. However, [Peng 37] originally cited by the examiner discloses that #210 can seal the oil storage cavity.
Applicant argues (p. 12, [2]) that Peng’s fig. 1, #210 is not part of #120. However, a prior art’s disclosed structure controls its teachings even if said structure is labelled with different numerals. Peng’s atomizer assembly #120 integrally extends into heating wire #230 and abuts pressure cover #210, such that the combination of atomizer assembly #120 and pressure cover #210 read on the instant atomizing core comprising a sealing ring.
Applicant argues (p. 12, [4]) that Peng’s fig. 1, longitudinal hole of #140 does not extend through a second sealing end and a third sealing end. However, the longitudinal hole of #140 does extend through a second sealing end (topmost end of 140) and a third sealing end (bottommost end of 140). Applicant’s argument for distinction of claim 4 over Peng are not clear in light of instant fig. 5 which shows the same longitudinal through hole (43) which extends through a second sealing end (41) and a third sealing end (43), such that the examiner’s interpretation of claim 4 is consistent with the instant specification.
Applicant argues (p. 12, [final paragraph]) that Kong does not disclose an air duct pipe sheathed in a first section of a through hole and an atomizing core housing sheathed in a second section of the through hole. However, one of ordinary skill would look to optimize Peng in all aspects by drawing upon all teachings of the available prior art, which for Peng in view of Kong would involve reshaping Peng’s atomizing core housing for Kong’s benefit of sealing. Kong need not disclose the entirety of claim 9 to motivate a modification of Peng. One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
The examiner’s proposed modification to arrive at claim 9 is excerpted herein:
Modified Peng does not explicitly teach that the atomizing core housing (fig. 1, #121) is configured to be sheathed in the second section (bottommost portion of through hole) of the through hole (longitudinal hole of 140).
Kong teaches an e-liquid filling structure (fig. 15) comprising an atomizing core housing (fig. 10, #300) sheathed in a second section (collocated with #J) of a through hole, such that the atomizing core housing is sealed within the device [56-57] and thereby secured.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to reshape Peng’s through hole and atomizing core housing such that the atomizing core housing is sheathed in the second section of the through hole, because doing so would seal the atomizing core housing within the device and thereby secure the atomizing core housing.
One of ordinary skill would modify Peng in view of Liu as applied to claim 9 in further view of Kong, for the benefit of sealing modified Peng’s atomizing core housing, to arrive at the recited structure of claim 9.
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 Tobey C. Le whose telephone number is (703)756-5516. The examiner can normally be reached Mon-Thu 8:30-18:30 ET.
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/TOBEY C LE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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