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 1-18 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Specification
The disclosure is objected to because of the following informalities:
Page 13, paragraph 3, line 3 incorrectly labels the bottom holder as element 17.
Appropriate correction is required.
Claim Objections
Claims 3-4 are objected to because of the following informalities:
Claim 3, line 1 should read: “the cartomizer according to claim 1, wherein the at”
Claim 4, line 3 should read: “compartmenting walls have at least two liquid restriction passages”
Appropriate correction is required.
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.
Claims 1-18 are 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 1, line 12 is indefinite for reciting “communicating by a liquid restriction passage” because it is unclear if the liquid restriction passage is communicating with the compartmenting wall, the capillary chamber, the vaporization chamber, or the liquid support element. The instant specification does not clarify which portions are communicating by the liquid restriction passage and it is unclear how the liquid restriction passage functions. For purposes of this examination the liquid restriction passage is being interpreted as communicating the liquid support element with the capillary chamber. Claims 2-18 are also rejected by virtue of their dependency on claim 1.
Claim 2, lines 3-4 are indefinite for reciting “wherein an upper surface of the first sealing forms a downstream one of the at least one compartmenting wall of the at least one capillary chamber” because it is unclear what a downstream one of the at least one compartmenting wall of the at least one capillary chamber is referring to. As claimed, downstream is not defined and it is not clear what the compartmenting wall is downstream of. For purposes of examination the claim is being interpreted to read an upper surface of the first sealing forms an additional compartmenting wall downstream the at least first compartmenting wall.
Claim 2 further recites the limitation “one of the at least one compartmenting wall” in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. There is no “at least one compartmenting wall” defined in claim 1. For purposes of examination the "at least one compartmenting wall" will be interpreted as the at least one first compartmenting wall.
Claim 4 recites the limitation “restriction passages” in line 3. There is insufficient antecedent basis for this limitation in the claim. There is no “restriction passage” defined in claims 1 and 3. For purposes of examination the "restriction passage" will be interpreted as the liquid restriction passages.
Claim 5, lines 4-5 are indefinite for reciting “the second compartmenting wall forms two successive ones of the at least one capillary chamber” because it is unclear what is formed and what successive ones means. The instant specification does not provide a definition of “two successive ones” and it is unclear what is being defined. For purposes of examination the “two successive ones” are being interpreted as the at least one second compartmenting wall forms at least two different successive capillary chambers of the at least one capillary chamber. Claims 6-7 and 10-15 are rejected for being dependent on claim 5.
Claim 6 recites the limitation “two different successive chambers” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. There is no “two different successive chambers” defined in claims 1 and 5. For purposes of examination the "two different successive chambers" will be interpreted as the at least two different successive capillary chambers of the at least one capillary chamber as suggested amended claim 5 should read.
Claim 8, line 2 is indefinite for reciting “the liquid restriction passage is no more than 1.5 mm” because it is unclear if the measurement is defining a length, width, or a height of the passage. For purposes of this examination “the liquid restriction passage is no more than 1.5 mm” will be interpreted as a width of the liquid restriction passage being no more than 1.5 mm.
Claim 17 is indefinite for reciting a check valve as a necessary limitation when the claim it depends from, claim 9, only requires a tapered profile or a check valve. In the present instance, claim 9 recites the broad recitation the liquid restriction passage is configured to be closed by a check valve and/or the liquid restriction passage has a tapered profile with the smallest cross-section at the vaporizing chamber side, and the dependent claim 17 recites “wherein the check valve comprises a one way valve” which is the narrower statement of the range/limitation. The claim is considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. For purposes of examination, the check valve is being examined as a necessary structure included in the device of both claims 9 and 17.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-5, 7-8, 10-16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US-20230218005-A1).
In regards to claim 1, Liu directed to an e-cigarette and e-cigarette vaporizer, discloses a vaporizer assembly (i.e., cartomizer) for an e-cigarette (i.e., aerosol generating device), the cartomizer comprising:
a liquid storage cavity 12 (container) configured to store a liquid storage substrate (i.e., forms at least one reservoir configured to contain a vaporizable material) ([0007] and [0044]);
a heating element 32 for heating and vaporizing the liquid substrate inhaled by the porous body 31 and release the aerosol into the vaporization cavity (i.e., vaporizing chamber) in fluid communication with the gas transmission pipe 11 (i.e., vapor passage) ([0013]) which is in communication with the mouthpiece opening A for a user to inhale (Figure 4 and [0044]);
a porous body 31 comprising a liquid absorbing surface 311 and the porous body comprising rigid capillary structures (i.e., liquid transport element) ([0045]-[0047]) extending from at least one reservoir (Figures 4-5) and is arranged in the vaporization cavity in order to convey the vaporizable material from the reservoir into the vaporization cavity ([0013]-[0016]); and
a vent hole 71 is further provided on the separating plate 70, is in airflow communication with the air inlet hole 22 (air inlet), and is used for air to flow through the vaporization surface (Figure 5 and [0055]);
wherein the liquid transport element, the vaporizing chamber, and the reservoir are all fluidly isolated from each other (i.e., liquid transport element is separated from at least one part of the at least one reservoir) ([0066]) and the compartmenting wall 50 separates at least one part of the reservoir 12 from the transport element 31 (Figure 5). A second liquid storage groove 53 is provided on a surface of a corresponding rigid support frame 50 (i.e., compartmenting wall creates at least one capillary chamber) ([0058)]. Refer to Figure 5 annotated by the Examiner provided below. Liu does not explicitly disclose a liquid restriction passage formed in one of the at least one first compartmenting wall, however Liu discloses the capillary chamber of the compartmenting wall has liquid adsorbing action and that the compartmenting wall can further comprise its own groove portions 54a that further increase the capillary adsorption capacity ([0058] and [0063]), therefore it would be obvious to one of ordinary skill in the art that the compartment wall would have a way of passing the liquid along to the chambers/grooves (i.e., liquid restriction passage) in order to vaporize the liquid into an aerosol.
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In regards to claim 2, Liu discloses an embodiment wherein the cartomizer further comprises an end cap 20a (i.e., first sealing) forming a cavity for holding (i.e., first holder) the liquid transport element and wherein an upper surface of the first sealing 20a forms an additional set of capillary grooves and additional compartmenting walls downstream the first compartmenting wall (Figure 12 and [0064]-[0065]).
In regards to claim 3, Liu discloses at least 4 compartmenting walls and 3 capillary chambers 53 (Figure 5 provided above). As discussed above it would be obvious to one of ordinary skill in the art that the capillary chambers would need access to the liquid to be vaporized and that each capillary chamber would have some form of a liquid restriction passage and is therefore considered prima facie obvious.
In regards to claim 4, Liu discloses the compartmenting wall comprises a liquid guide hole 54 for guiding the liquid to the adsorption surfaces of the capillary chambers wherein the capillary chambers comprising liquid restriction passages are evenly distributed on separate sides of the device (i.e., at least two liquid restriction passages symmetrically distributed at the circumference of one of the at least one compartmenting wall) (Figure 3 and 8 and [0052]).
In regards to claim 5, Liu discloses the liquid transport element 31 is rod-shaped (Refer to Figure 4 annotated by the Examiner provided below) and a second compartmenting wall (Refer to Figure 5 annotated by the Examiner provided below) forming a second sealing and forming two different successive capillary chambers. The Examiner notes that the instant specification recites the longitudinal separation as a separation of the area surrounding the liquid transport element into two independent spaces and does not physically separate the liquid transport element (page 6, paragraph 2).
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In regards to claim 7, Liu discloses the capillary chambers are between the compartmenting walls and therefore it would be obvious to one of ordinary skill in the art that the capillary chambers would have a thickness that is equal to the distance between two of the first and second compartmenting walls.
In regards to claim 8, Liu discloses the capillary liquid storage groove may be small enough to have capillary adsorbing action on liquid medium and preferably have a width between 0.09 mm and 0.15 mm. While Liu does not explicitly disclose how the liquid is transferred to the capillary chambers, it would be obvious to one of ordinary skill in the art that at least a portion of the liquid restriction passage is a part of the capillary chamber and therefore would have a width between 0.09 and 0.15 mm. The range disclosed by the prior art overlaps the claimed range of the liquid restriction passage having a width of no more than 1.5 mm and is therefore considered prima facie obvious.
In regards to claim 10, Liu discloses the rigid support sleeve 50 which includes the compartmenting walls (i.e., formed as fins), has a hollow interior for accommodating the liquid transport element (i.e., central holder) ([0050]). The compartmenting walls are located about the central holders hollow interior. Refer to Figure 5 annotated by the Examiner provided below.
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In regards to claim 11, Liu discloses the rigid support sleeve 50 which comprises the central holder abuts against an outer body of the container (Figure 4).
In regards to claim 12, Liu discloses the rigid support sleeve 50 has a hollow interior for accommodating the liquid transport element (i.e., central holder) ([0050]).
In regards to claims 13-14, Liu discloses the central holder includes a silicone sleeve 40 which holds the liquid transport element 31 in a flexible tight fitting manner (i.e., third sealing around at least a portion of the liquid transport element) ([0050]).
In regards to claim 15, Liu discloses an embodiment wherein the cartomizer further comprises an end cap 20a (i.e., first sealing) which comprises a groove 25 used for mounting a sealing ring 80 to seal a gap between the end cap 20 and the outer housing 10. During implementation, a vaporization cavity is formed between the sealing ring 80 and the silicone sealing base 60, and the porous body 31 for vaporizing the liquid substrate, the heating element 32, the rigid support frame 50 (i.e., first sealing and the central holder form at least partially the vaporizing chamber), and the like are accommodated and arranged in the vaporization cavity between the sealing ring 80 and the silicone sealing base 60 ([0057]).
In regards to claim 16, Liu discloses the liquid transport element comprises a porous capillary structure such as porous ceramics ([0047]).
In regards to claim 18, Liu discloses the fins of the central holder and rigid support frame 50 abut an outer body of the container (Figure 4).
Claims 9 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US-20230218005-A1) as applied to claim 1 above, and further in view of Austin et al. (US-20220079233-A1).
In regards to claims 9 and 17, Liu discloses a base configured to seal the liquid storage cavity ([0007]) and further discloses the silicone sealing base 60 may prevent the liquid substrate from flowing out of the liquid storage cavity 12, prevent the liquid substrate from flowing to the first capillary liquid storage groove 23 and the second capillary liquid storage groove 53, and prevent flow of gas or airflow between the liquid storage cavity 12 and the vaporization cavity ([0066]), however Liu does not explicitly disclose the liquid restriction passage is configured to be closed by a one-way check valve.
Austin, directed to an aerosol delivery device, discloses a cartomizer comprising a liquid storage tank for storing an e-liquid and a wick formed from a porous wicking material that extends into the liquid storage tank ([0378]).
Austin further discloses a heater configured to heat the central region of the wick to vaporize the e-liquid ([0379]).
Austin further discloses that advantageously, the device may further comprise a one-way valve, located between reservoir and the aerosol generator, and the one-way valve may be configured to allow aerosol precursor to flow only from the reservoir to the aerosol generator (claim 51, [0217] and [0580]).
Austin further discloses a barrier element which is between the aerosol generator portion and a mouthpiece aperture can comprise a non-return valve ([0261]-[0262]) and that the valve can be closed via a locking mechanism ([0272]). It would be obvious to one of ordinary skill in the art that when a valve is closed, the liquid restriction passages are also closed.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu by applying a one-way check valve to the cartomizer, which would close the liquid restriction passages of Liu, as taught by Austin, because both are directed to cartomizers with capillary chambers, Austin teaches the one-way check valve allows the liquid to only flow to the aerosol generator and not anywhere else in the device (claim 51), and this merely involves applying a known technique of using a one-way check valve of a similar device to yield predictable results.
Allowable Subject Matter
Claim 6 is rejected as being indefinite for reciting “two different successive chambers” which lacks antecedent basis and is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and the amendments made overcame the 112 rejection.
The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 6, no prior art alone or in combination with references discloses the liquid transport element extends in at least two different successive capillary chambers, wherein the successive capillary chambers were formed by the at least one second compartmenting wall.
Liu et al. (US-20230218005-A1) directed to an e-cigarette and e-cigarette vaporizer, discloses a vaporizer assembly (i.e., cartomizer) for an e-cigarette (i.e., aerosol generating device), the cartomizer comprising:
a liquid storage cavity 12 (container) configured to store a liquid storage substrate (i.e., forms at least one reservoir configured to contain a vaporizable material) ([0007] and [0044]);
a heating element 32 for heating and vaporizing the liquid substrate inhaled by the porous body 31 and release the aerosol into the vaporization cavity (i.e., vaporizing chamber) in fluid communication with the gas transmission pipe 11 (i.e., vapor passage) ([0013]) which is in communication with the mouthpiece opening A for a user to inhale (Figure 4 and [0044]);
a porous body 31 comprising a liquid absorbing surface 311 and the porous body comprising rigid capillary structures (i.e., liquid transport element) ([0045]-[0047]) extending from at least one reservoir (Figures 4-5) and is arranged in the vaporization cavity in order to convey the vaporizable material from the reservoir into the vaporization cavity ([0013]-[0016]); and
a vent hole 71 is further provided on the separating plate 70, is in airflow communication with the air inlet hole 22 (air inlet), and is used for air to flow through the vaporization surface (Figure 5 and [0055]);
wherein the liquid transport element is, the vaporizing chamber, and the reservoir are all fluidly isolated from each other (i.e., liquid transport element is separated from at least one part of the at least one reservoir) ([0066]) and the compartmenting wall 50 separates at least one part of the reservoir 12 from the transport element 31 (Figure 5). A second liquid storage groove 53 is provided on a surface of a corresponding rigid support frame 50 (i.e., compartmenting wall creates at least one capillary chamber) ([0058)]. Refer to Figure 5 annotated by the Examiner provided below. Liu discloses the capillary chamber of the compartmenting wall has liquid adsorbing action and that the compartmenting wall can further comprise its own groove portions 54a that further increase the capillary adsorption capacity ([0058] and [0063]) and therefore it would be obvious to one of ordinary skill in the art that the compartment wall would have a way of passing the liquid along to the chambers/grooves in order to vaporize the liquid into an aerosol.
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Liu further discloses the liquid transport element 31 is in fluid communication with the capillary chambers, however Liu differs from the instant invention in that Liu does not teach liquid transport element extends in at least two different successive capillary chambers. Refer to Applicant’s Figure 3 which shows the successive chambers 30A and 30B that the liquid transport element extends into, which are not disclosed in Liu.
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Zhu et al. (US-20160007654-A1, as cited in the IDS dated 03/02/2023), directed to electronic cigarettes having refillable tops and replaceable heating elements, discloses the electronic cigarette includes: a connecting assembly, a removable mouth piece, an e-liquid tank, a vaporizing assembly, and a rotatable vaporizer tube ([0010]).
Zhu further discloses a connecting ring 22 which includes an e-liquid injection plate 23 having one or more e-liquid injection holes 24 and a protrusion ring 27 ([0037]). The e-liquid tank 3 has an upper end and an opposite, lower end, an e-liquid tank separation plate 31 configured to separate the e-liquid tank 3 into an upper e-liquid chamber 5 and a lower e-liquid chamber 6. The upper end of the e-liquid tank 3 is insertably connected to the open lower end of the connecting assembly 2 ([0037]).
Zhu further discloses the e-liquid tank separation plate 31 also includes, one or more e-liquid release holes 32, and one or more e-liquid stop protrusions 33 (i.e., compartmenting walls), and a second protrusion ring 34 at the center. These e-liquid release holes 32 (i.e., liquid transport element) are configured to release e-liquid from the upper e-liquid chamber 5 of the e-liquid tank 3 to the lower e-liquid chamber 6 of the e-liquid tank 3. These e-liquid release holes 32 are evenly and symmetrically distributed on the e-liquid tank separation plate 31 around the central axis of the rotatable vaporizer tube 7.
Zhu differs from the instant invention in that Zhu does not teach the liquid transport element extends in at least two different successive capillary chambers.
Lin et al. (US-20190387800-A1), directed to a moisture-proof electronic cigarette discloses a vaporizing device comprising a vaporizing base, a throttle lid, a sealing sleeve, a connecting sleeve, an electrode base and a vaporizing cavity ([0010]).
Lin further discloses a vaporizing base 24, a pair of grooves 2410 for suspending the liquid guiding strip 211 (i.e., liquid transport element) extending downward and symmetrically provided at an upper end of the wall ([0054]). Refer to Figures 12 and 13 provided below.
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While Lin discloses the liquid transport extends symmetrically downwards, Lin does not teach the liquid transport element extends into at least two different successive capillary chambers.
As such, no prior art appears to disclose or reasonably suggest a liquid transport element extends into at least two different successive capillary chambers as recited in claim 6 and therefore claim 7 is indicated as having allowable subject matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELEINE PAULINA DELACRUZ whose telephone number is (703)756-4544. The examiner can normally be reached Monday - Friday 8-5.
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/MADELEINE P DELACRUZ/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755