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 .
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by DILLMAN et al. (US 2018/0255834).
Dillman teaches a portable liquid vaporizer comprising a reservoir (4) for holding a liquid to be vaporized; a heater (20) for vaporizing the liquid to a vapor; a mouthpiece (80) for withdrawal of the vapor; and an air path (10) extending through the vaporizer, comprising a heating section (22) and a cooling section (3). Figures 1 and 2 show the heating section extends along the heater and the cooling section extends directly downstream from the heater to the mouthpiece. Dillman teaches the cooling section has an effective length that is sufficient for allowing the vapor to cool down and leave the mouthpiece at below 40°C (abstract) and that the temperature may be cooled to room or ambient temperature (para. 0020) which overlaps with the claimed range of 20°C or less above environmental temperature.
Regarding claim 7, figures 1 and 2 show the air path extends through the reservoir upstream from the heating section.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over TASCHNER et al. (US 2018/0000160) in view of DILLMAN et al. (US 2018/0255834) and TRZECIESKI (US 2020/0171266).
Taschner teaches a portable liquid vaporizer comprising a reservoir (301 in figure 3) for holding a liquid to be vaporized; a heater (302) for vaporizing the liquid to a vapor; a mouthpiece (322) for withdrawal of the vapor; and an air path (309) extending through the vaporizer, comprising a heating section and a cooling section (para. 0037). Figure 3 shows the heating section extends along the heater and the cooling section extends directly downstream from the heater to the mouthpiece. Taschner teaches the cooling section has an effective length that is sufficient for allowing the vapor to cool down (para. 0037) but is silent to the temperature to which the vapor is cooled down.
Dillman teaches a portable liquid vaporizer comprising a reservoir (4) for holding a liquid to be vaporized; a heater (20) for vaporizing the liquid to a vapor; a mouthpiece (80) for withdrawal of the vapor; and an air path (10) extending through the vaporizer, comprising a heating section (22) and a cooling section (3). Figures 1 and 2 show the heating section extends along the heater and the cooling section extends directly downstream from the heater to the mouthpiece. Dillman teaches the cooling section has an effective length that is sufficient for allowing the vapor to cool down and leave the mouthpiece at below 40°C (abstract) and that the temperature may be cooled to room or ambient temperature (para. 0020) which overlaps with the claimed range of 20°C or less above environmental temperature.
It would have been obvious to one of ordinary skill in the art to use the temperature suggested by Dillman in the vaporizer of Taschner because Trzecieski teaches that cooling vapor before it reaches the user prevents scalding or injuring the user (para. 0131).
Regarding claim 2, figure 3 of Taschen shows cooling section has an effective length greater than 50% of a length of the vaporizer.
Regarding claim 3, figure 3 of Taschen shows the mouthpiece defines a top of the vaporizer, the heater is located in a lower half of the vaporizer.
Regarding claim 4, figure 2 of Taschen shows a power source (240) arranged between the heater and the mouthpiece.
Regarding claim 5, figure 3 of Taschen shows a longitudinal extension of the cooling section is offset from a longitudinal axis of the vaporizer.
Regarding claim 6, figure 3 of Taschen shows the air path extends from a bottom of the vaporizer to the mouthpiece.
Regarding claim 7, Taschen teaches the air path extends through the reservoir upstream from the heating section (figure 3, para. 0037).
Response to Arguments
Applicant's arguments filed November 3, 2025 have been fully considered but they are not persuasive.
Applicant argues that Dillman does not teach allowing the vapor to cool down and leave the mouthpiece at 20°C or less above environmental temperature upon withdrawal of the vapor; however, Dillman teaches the cooling section has an effective length that is sufficient for allowing the vapor to cool down and leave the mouthpiece at below 40°C (abstract) and that the temperature may be cooled to room or ambient temperature (para. 0020) which overlaps with the claimed range of 20°C or less above environmental temperature.
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 CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alison Hindenlang can be reached at 571-270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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