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 Claims
Claims 1-16 are pending and are subject to this Office Action. This is the first Office Action on the merits of 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.
Claims 1-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 2022/0256925 to Zhang, et al. (hereinafter “Zhang”) in view of U.S. Patent No. 2022/0279856 to Zhou, et al. (hereinafter “Zhou”).
Regarding claim 1, Zhang teaches a cartomizer ([0083], see also Fig. 11: atomizer (10)) for an aerosol generating device ([0081], see also Fig. 20: atomizing device (100)), the cartomizer comprising:
a container (outer shell (10)) for holding at least one reservoir (liquid storage cavity (30)) configured to contain a vaporizable material ([0058], see also Fig. 5);
a vaporizing chamber (area above atomizing assembly (40)) fluidly connected to a mouth end (smoking port A) by a vapor passage ([0068], see also Fig. 5);
a liquid transport element (atomizing assembly (40) including liquid guide holes (5211)) extending from inside the at least one reservoir to inside the vaporizing chamber in order to convey the vaporizable material from the at least one reservoir to the inside of the vaporizing chamber ([0069], see also Fig. 5);
an air inlet ([0084]: air inlet channel (122), also equivalent to air inlet (25)), arranged to supply the vaporizing chamber with air in use ([0072], see also Fig. 3); and
wherein a leakage collecting chamber (collection cavity (123)) is arranged between the vaporizing chamber and the air inlet (see Figs. 12, 15) to collect vaporizable material from the vaporizing chamber ([0084)], and the leakage collecting chamber comprises at least one liquid stopping or barrier wall (liquid blocking slope (1241)), arranged between the leakage collecting chamber and the air inlet (see Figs. 12-13), in particular at least one through-hole of the air inlet (see Fig. 13), forming an overflow ([0086])
However, Zhang does not explicitly teach wherein the cartomizer further comprises a center leakage collecting chamber provided between the air inlet and the leakage collecting chamber.
Zhou, directed towards a vaporization assembly for an electronic vaporization device ([0005]), teaches a center leakage collecting chamber (receiving groove (501)), configured to receive liquid leaked from the air inlet hole ([0095], see also Fig. 4), and provided between air inlets (vent holes (53)).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang by including a center leakage collection chamber as taught by Zhou because both Zhang and Zhou are directed to a vaporization assembly for an electronic vaporization device. Zhou teaches the inclusion may further reduce a risk that the liquid dripping of the base damages the body component of the device ([0096]), and this merely involves combining prior art elements of known and similar vaporization assemblies to yield predictable results (see MPEP 2143 I(A)). Although Zhou does not explicitly include a leakage collection chamber near the central leakage collection chamber, one of ordinary skill in the art would anticipate the receiving groove being placed between the collection cavity and the air inlet of Zhang.
Regarding claim 2, as noted supra with respect to the rejection of claim 1, Zhang teaches wherein the air inlet comprises an air conduit or chimney (baffle (125)) at the bottom of the container and upstream the at least one through-hole (see Fig. 13), forming a second liquid stopping or barrier wall arranged between the first liquid stopping or barrier wall and the at least one through-hole ([0088]).
Regarding claim 3, as noted supra with respect to the rejection of claim 2, Zhang teaches wherein the air conduit or chimney protrudes inside the leakage collecting chamber (see Fig. 13).
Regarding claim 4, as noted supra with respect to the rejection of claim 2, modified Zhang teaches wherein the center leakage collecting chamber is defined or formed by the air conduit or chimney (Zhou; see Fig. 4: if combined with the assembly of Zhang, the receiving groove would formed by the walls of the air inlet).
However, modified Zhang does not explicitly teach the center leakage collection chamber further defined by the first liquid stopping or barrier wall.
Zhang teaches different embodiments may be combined, steps may be implemented in any order, and there exist many other changes of different aspects without departing from the scope of the disclosure ([0099]).
Therefore, a further modification of Zhang to reshape the liquid stopping wall to partially form the center leakage collection chamber would be considered prima facie obvious to those skilled in the art as it has been held that a change in shape by itself is not enough to patently distinguish unless new or unexpected results are found (see MPEP 2144.04 IV(B)). Additionally, this would be an obvious design choice as to further inhibit the leaking of liquid from the central leakage collection chamber into the air inlets, as Zhang teaches the same for its single leakage collection chamber.
Regarding claim 5, as noted supra with respect to the rejection of claim 4, Zhang does not explicitly teach wherein the center leakage collecting chamber and the leakage collecting chamber are at least partially separated from each other by the first liquid stopping or barrier wall including at least one connecting hole or groove fluidly connecting the center leakage collecting chamber with the leakage collecting chamber, wherein the connecting hole or groove is preferably arranged with a predetermined axial distance to the bottom of the container.
Zhang teaches different embodiments may be combined, steps may be implemented in any order, and there exist many other changes of different aspects without departing from the scope of the disclosure ([0099]).
Therefore, a modification of Zhang to partially separate the center leakage collection chamber from the leakage collection chamber via the first liquid stopping or barrier wall including at least one connecting hole or groove fluidly connecting the center leakage collecting chamber with the leakage collecting chamber, wherein the connecting hole or groove is preferably arranged with a predetermined axial distance to the bottom of the container, would be considered prima facie obvious to those skilled in the art as it has been held that a change in shape by itself is not enough to patently distinguish unless new or unexpected results are found (see MPEP 2144.04 IV(B)).
Regarding claim 6, as noted supra with respect to the rejection of claim 5, Zhang does not explicitly teach wherein the predetermined axial distance from the at least one connecting hole or groove to the bottom of the container is smaller than an axial distance of the at least one through-hole to the bottom of the container.
Zhang teaches different embodiments may be combined, steps may be implemented in any order, and there exist many other changes of different aspects without departing from the scope of the disclosure ([0099]).
Therefore, a modification of Zhang to scale the predetermined axial distance to be smaller than an axial distance of the at least one through-hole to the bottom of the container would be considered prima facie obvious to those skilled in the art as it has been held that a change in size or proportion by itself is not enough to patently distinguish unless new or unexpected results are found (see MPEP 2144.04 IV(A)).
Regarding claim 7, as noted supra with respect to the rejection of claim 1, Zhang teaches wherein the leakage collecting chamber further comprises at least one air outlet arranged at an axial distance relative to the at least one through-hole of the air inlet ([0087], see also Fig. 14: air outlet connects from the collection cavity to the atomizing cavity (121)).
However, Zhang does not explicitly teach wherein the at least one air outlet of the leakage collecting chamber is arranged axially closer to the bottom of the container than the at least one through-hole of the air inlet.
Zhang teaches different embodiments may be combined, steps may be implemented in any order, and there exist many other changes of different aspects without departing from the scope of the disclosure ([0099]).
Therefore, a modification of Zhang to rearrange the air outlet to be closer to the bottom of the collection cavity than a through-hole of the air inlet would be considered prima facie obvious to those skilled in the art as it has been held that rearrangement of parts by itself is not enough to patently distinguish unless new or unexpected results are found (see MPEP 2144.04 VI(C)).
Regarding claim 8, as noted supra with respect to the rejection of claim 7, Zhang teaches wherein the air outlet of the leakage collecting chamber is transversally distant from the air inlet (see Fig. 14).
Regarding claim 9, as noted supra with respect to the rejection of claim 7, Zhang teaches wherein the air outlet of the leakage collecting chamber protrudes by a conduit inside the leakage collecting chamber and/or inside the vaporizing chamber (see Fig. 14).
Regarding claim 10, as noted supra with respect to the rejection of claim 1, Zhang teaches a single air outlet communicating with the vaporizing chamber (see Fig. 14: the air outlet is depicted in a side view of the present embodiment).
However, Zhang does not explicitly teach wherein the leakage collecting chamber comprises two air outlets communicating with the vaporizing chamber and arranged on each side of the air inlet, wherein the air outlets are aligned in a plane of extension of the liquid transport element.
Zhang teaches different embodiments may be combined, steps may be implemented in any order, and there exist many other changes of different aspects without departing from the scope of the disclosure ([0099]). Additionally, Zhou teaches a vaporization assembly comprising two air outlets, wherein the air outlets are aligned in a plane of extension of a vaporization core (see Fig. 4).
Therefore, a modification of Zhang to duplicate the air outlet and arrange the pair to be aligned on each side of the air inlet would be considered prima facie obvious to those skilled in the art as it has been held that a duplication (see MPEP 2144.04 VI(B)), and rearrangement (see MPEP 2144.04 VI(C)) of parts are not sufficient to patently distinguish unless new or unexpected results are found. therefore,
Regarding claim 11, as noted supra with respect to the rejection of claim 1, Zhang teaches wherein the leakage collecting chamber is arranged between a first seal (atomizing cover (3)) arranged for holding the liquid transport element ([0091], see also Fig. 15) and a bottom holder (base (12)) of the container arranged for holding electrical connectors ([0092], see also Fig. 15: base is configured to hold conductive ejector pins (4)).
Regarding claim 12, as noted supra with respect to the rejection of claim 11, Zhang teaches wherein the liquid transport element is held by the first seal and a second seal (fixing element (6)), wherein the second seal preferably at least partially, in particular completely, separates the at least one reservoir from the vaporizing chamber ([0098], see also Fig. 15).
Regarding claim 13, as noted supra with respect to the rejection of claim 12, Zhang teaches wherein the at least one air outlet is formed inside the first seal (see Fig. 14).
Regarding claim 14, as noted supra with respect to the rejection of claim 1, Zhang teaches wherein the leakage collecting chamber has a larger transversal cross section than a transversal cross-section of the vaporizing chamber (see Fig. 15).
Regarding claim 16, as noted supra with respect to the rejection of claim 12, Zhang teaches wherein the liquid transport element comprises a porous capillary member ([0061], see also Fig. 3: porous body (41) of atomizing assembly (40) may be made of rigid capillary structures).
Although the porous body and atomizing assembly are intended to be used in separate embodiments, Zhang teaches the atomizing core (2) of the present embodiment is equivalent to the atomizing assembly ([0083]). Therefore, the embodiments can be combined to teach the features of the atomizing core.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Zhou, as applied to the rejection of claim 1, and further in view of Lei (CN214710337U, hereinafter referring to the English Translation Provided).
Regarding claim 15, as noted supra with respect to the rejection of claim 11, Zhang teaches wherein the liquid transport element is held by the first seal and a second seal, wherein the second seal at least partially separates the at least one reservoir from the vaporizing chamber (see Fig. 15).
However, Zhang does not teach wherein the first seal includes air channels that fluidly connect the center leakage collecting chamber with the leakage collecting chamber or the leakage collecting chambers.
Lei, directed to an electronic atomization device comprising an atomizer ([0003]), teaches the atomizer further comprising a leakage collecting chamber (condensate collecting structure (14)), configured to collect liquid condensed and left in the air outlet channel ([0074], see also Fig. 5), and several air channels (ventilation channels (15)), wherein the leakage collecting chamber is in fluid communication with the air channels ([0076]), which are configured to distribute air to the liquid storage tank ([0004], see Figs. 5, 13-21).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Zhang by including air channels in fluid communication with the leakage collection chamber as taught by Lei because both Zhang and Lei are directed to an electronic atomization device comprising an atomizer. Lei teaches the ventilation channels prevent liquid collected in the leakage collecting chamber from refluxing to the porous structure ([0076]), and this merely involves use of a known ventilation technique to improve similar atomization assemblies in the same way (see MPEP 2143 I(C)). Although Lei does not explicitly include a central leakage collection chamber, one of ordinary skill in the art would anticipate the addition of the ventilation channels would include the central leakage collection chamber of modified Zhang, and would fluidly connect it with the leakage collecting chamber.
Conclusion
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/Y.T.K./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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