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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/15/2026 (“Amendment”) has been entered, which includes amendments to claims 1 and 4-5, cancellation of claims 2-3, amendments to Fig. 4, and supporting remarks. Accordingly, the objection to the drawings and the claim rejections under 35 USC 102-103 are withdrawn. New rejections under 35 USC 103 are set forth below.
Response to Arguments
Applicant's arguments regarding the rejection of claim 3 specifically with regard to Lei and Li (Amendment p. 7) have been fully considered but they are not persuasive. Applicant argues that the Examiner admits that Lei and Li fail to teach claim 3 (Amendment p. 7). However, upon further review of the prior art and instant application, the Examiner now considers Li’s abutting area 1253 to read on the claimed “separating part” previously recited in claim 3, as set forth in the rejection of claim 1 below.
Applicant’s remaining arguments with respect to the Folmann reference (Amendment p. 7) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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 and 4-10 are rejected under 35 U.S.C. 103 as being unpatentable over Lei (US 2022/0007731 A1) in view of Li (EP 3360430 A2).
Regarding claim 1, Lei is directed to an electronic atomizing device and atomizer (Title), the atomizer reading on an “e-cigarette cartridge” as claimed. In a second embodiment, the atomizer 200 has a housing 210 (“housing”) with an air outlet and an air inlet 213 at opposing ends ([0068-70], Figs. 13-15).
The housing 210 has an internal space forming a liquid storage cavity 211 (“liquid storage cavity”) [0070];
An atomization assembly 230 includes a heating element 232 wound around a cotton atomization core 231 (“porous body” with “vaporization surface”) in communication with the liquid storage cavity 211 [0071, 0074];
An atomizing cavity 2527 (“vaporization cavity”) is formed within an air-liquid equilibrium element 250 ([0076, 0088], Fig. 17). When the atomization core 231 is assembled within the element 250, the cavity 2527 is “at least partially defined” by the core 231 as claimed ([0076], Figs. 14 and 17). The cavity 2527 includes an airflow channel which is “in airflow communication” with the air inlet 213 as claimed ([0071, 0076-77, 0088], Figs. 14 and 17). The Examiner notes that Lei refers to “cavity 527” at [0076], but refers to “cavity 2527” at [0088] and Fig. 17, and thus “cavity 2527” is used herein;
The heating element 232 (“heating element”) is formed on the core 231 and vaporizes a liquid medium to form aerosol [0074];
An atomization support 240 and an air-liquid equilibrium element 250 (together a “support frame”) support the atomization core 231 and assembly 230 [0071, 0074];
The atomizer 200 includes a single air flow passage 212 (“vapor output channel”) downstream of the atomization assembly 230 ([0070], Fig. 14). However, Lei fails to disclose the air flow passage 212 comprising “a first channel part and a second channel part that are formed on the support frame and extend in a direction of a width of the housing, wherein one end of the first channel part is in airflow communication with the vaporization cavity and the other end is in airflow communication with the air outlet; one end of the second channel part is in airflow communication with the vaporization cavity and the other end is in airflow communication with the air outlet; and further the aerosol in the vaporization cavity is divided into two flows by the first channel part and the second channel part in use, and then the two flows are merged and outputted to the air outlet”;
The air-liquid equilibrium element 250 is mounted on a base 220 contacting the atomization support 240 and receives the atomization assembly 230 (the element 250 therefore reads on a “first part” of the support frame as claimed, the atomization support 240 reading on the “second part”) ([0071], Fig. 14). As shown in Fig. 14, the liquid storage cavity 211 is defined by the housing 210 above the air-liquid equilibrium element 250. The atomization support 240 holds the atomization core 231 [0074];
The air flow passage 212 has a portion immediately downstream of the atomizing assembly 230 which is located between the air-liquid equilibrium element 250 and the atomization support 240 (Fig. 14), the portion reading on the claimed “hollow cavity”;
Lei fails to disclose the air flow passage 212 including a “separating part extending between the first part and the second part, and the separating part separates the hollow cavity to form the first channel part and the second channel part”;
Lei further fails to disclose “a first channel part and a second channel part…” as noted above.
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Li is directed to an electronic cigarette and atomizer thereof (Title). Li discloses an airway structure wherein a pair of aerosol outlet passages carry aerosol out from a heating base to an aerosol outlet tube (Abstract, [0015]). This structure advantageously enables a wider variety of heating elements to be used, compared to prior art configurations wherein the heating element must have a structure suitable to convey aerosol within a hollow tube directly connected to the aerosol outlet tube [0002-3, 0015]. One of ordinary skill in the art would recognize that Lei has such a hollow tube structure containing the heating element (see Lei Fig. 14, showing internal space surrounding the atomization core 231 and heating element 232, the internal space being tubular and in direct communication with the air flow passage 212), and Lei could therefore be similarly improved by incorporating Li’s airway structure.
Li’s second aerosol outlet passage 220 has two aerosol outlet areas 1251 (“a first channel part and a second channel part”) ([0020], Fig. 5). The second aerosol outlet passage 220 carries aerosol generated from a heating element 123 to be combined in a first aerosol outlet passage 210 and out of the electronic cigarette ([0018, 0024], Fig. 3) (which reads on the claim language pertaining to the first and second channel parts). Li further discloses a heating base 125 with an abutting area 1253 (“separating part”) and a clearance between an atomizing shell 124 which defines the two aerosol outlet areas 1251 and separates them from air inlet areas 1252 ([0020-21], Figs. 4-5).
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Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Lei by incorporating Li’s heating base 125, with abutting area 1253 defining the second aerosol outlet passage 220 with two aerosol outlet areas 1251, into Lei’s air-liquid equilibrium element 250 such that the two aerosol outlet areas 1251 are in communication with Lei’s atomization assembly 230 and air flow passage 212, because both Lei and Li are directed to electronic atomization devices, Li teaches that this structure advantageously enables a greater variety of heating element structures, and this would involve combining prior art elements according to known methods to yield predictable results. See MPEP 2143(I); see also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 4, Lei’s air-liquid equilibrium element 250 includes a liquid storage groove 2522 (“airflow guiding surface”) which can guide air from an air inlet 213 to the liquid storage cavity 211, which reduces negative pressure formed in the cavity 211 [0077]. However, this airflow guiding surface is on the exterior of the element 250, which is not “opposite to the first part” as claimed. However, it would be obvious in modified Lei to include a similar groove for guiding air between the element 250 and support 240, because this is where generated aerosol leaves the atomization assembly 230 (see Fig. 14 and discussion of claim 1).
Regarding claim 5, the air-liquid equilibrium element 250 has two through holes 251 (“first liquid inlet hole” and “second liquid inlet hole”) for accommodating liquid guide elements 260 for transferring liquid from the storage cavity 211 to the atomization assembly 230 ([0071, 0076], Fig. 15). Lei fails to disclose any size difference between the through holes 251, and thus fails to disclose “a pore size of the first liquid inlet hole is greater than a pore size of the second liquid inlet hole, or the pore size of the second liquid inlet hole is greater than the pore size of the first liquid inlet hole”. However, modifying one through hole 251 to be differently sized than the other would be a mere change in size or proportion which does not patentably distinguish the prior art. See MPEP 2144.04(IV)(A); see also in re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
Regarding claim 6, Lei fails to disclose the “separating part” as set forth above in the discussion of claim 1 and thus fails to disclose “wherein the second liquid inlet hole penetrates through the separating part” per claim 6. Lei discloses the two through holes 251 as set forth above in the discussion of claim 5.
Li discloses the heating base 125 as set forth above in the discussion of claim 1, which further includes liquid inlets 1256 corresponding to the abutting area 1253 in order to allow tobacco liquid to flow into the heating base 125 and reach an absorbing body 129 [0030-31]. The liquid inlets 1256 penetrate through the abutting area 1253 as shown in Fig. 4 (“wherein the second liquid inlet hole penetrates through the separating part”). Thus, in modified Lei, it would be further obvious to locate Lei’s two through holes 251 corresponding to Li’s abutting area 1253, in order to similarly allow liquid from Lei’s storage cavity 211 to reach the atomization assembly 230, and for the same reasons as set forth above in the discussion of claim 1.
Regarding claim 7, Lei’s housing 210 has a cylindrical body as shown in Figs. 13-15. Lei discloses the base 220 (“end cap”) which supports the atomization support 240 and air-liquid equilibrium element 250 [0071]. The base 220 includes a positioning pillar 222 (“support arm”) which matches the atomization support 240 [0072]. The air-liquid equilibrium element 250 includes liquid storage grooves 2522 (“first liquid storage groove”), which capture flowing liquid by capillary action and prevent leakage [0077]. As shown in Figs. 16-17, the grooves 2522 are adjacent to an air exiting channel 253, and thus the grooves 2522 are capable of adsorbing aerosol condensate flowing via the channel 253. However, these grooves 2522 are disposed on the element 250, not the positioning pillar 222, and thus Lei fails to disclose “wherein the support arm is provided with a first liquid storage groove in communication with the vaporization cavity”. But modifying the grooves 2522 to be on the positioning pillar 222 or some other arm-like extension of the base 220 would involve a mere rearrangement of parts and/or merely making portions of the base 220 and element 250 integral, which does not patentably distinguish the prior art. See MPEP 2144.04(VI)(C); see also in re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); see also MPEP 2144.04(V)(B); see also in re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965).
Regarding claim 8, Lei discloses the air-liquid equilibrium element 250 with liquid storage grooves 2522 as set forth above. The element 250 further includes tension isolation grooves 2524 (“second liquid storage groove”) which intersect the liquid storage grooves 2522 to isolate surface tension therein [0079].
Regarding claim 9, the liquid storage grooves 2522 and tension isolation grooves 2524 intersect and therefore are in communication with one another ([0079], Figs. 15-16), and thus condensate may be transferred from the liquid storage grooves 2522 to the tension isolation grooves 2524, which reads on the claim language.
Regarding claim 10, Lei’s electronic atomizing device includes the atomizer 200 and a power supply device [0068].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PATRICK MULLEN whose telephone number is (571)272-2373. The examiner can normally be reached M-F 10-7 ET.
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/MICHAEL PATRICK MULLEN/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747