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 1-15 are currently pending and are subject to this office action. Claims 1, 3-6, and 9 are amended. Claim 11-15 are newly added. This office action is in response to Applicant’s amendment filed on 12/08/2025.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 12/08/2025 containing amendments and remarks to the drawings, specification, and claims.
In response to Applicant’s amendments filed 12/08/2025, the Examiner withdraws the objection to the drawings.
In response to Applicant’s amendments filed 12/08/2025, the Examiner withdraws the objection to the specification for minor informalities.
In response to Applicant’s amendments filed 12/08/2025, the Examiner withdraws the objection to claims 4 and 6 for minor informalities.
In response to Applicant’s amendments filed 12/08/2025, the Examiner withdraws the 35 U.S.C. 112(b) rejection to claims 5 and 9 for being indefinite.
Response to Arguments
Applicant’s arguments, on pages 7-13, filed 12/08/2025, with respect to the rejection of claim 1 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. The Applicant has amended claim 1 to include a limitation that was not previously presented, specifically, “wherein the liquid transfer unit is integrally formed of the porous material”. However, upon further consideration, a new ground(s) of rejection is made in view of Lord (US 20150201675 A1).
The following are modified rejections based on Applicant’s amendments to 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.
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, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 112089106 A, hereinafter citations referring to English Machine Translation), as applied to claim 1 above, and further in view of Lord (US 20150201675 A1).
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With regard to Claim 1, Chen teaches (i) an atomization assembly comprising a heating element (Fig. 3: #15) and an outer cover (Fig. 3: #11), meeting the claim limitation of the liquid transfer unit. (ii) The outer cover (Fig. 3: #11) and base (Fig. 3: #12) surrounds a support body (Fig. 3: #14, [0076]), meeting the claim limitation of an air guide part. The base (Fig. 3: #12) comprises first and second air holes (Fig 4: #12a and #12b) that create a space forming an air flow channel (Fig. 4: #14b) with the support body (Fig. 3: #14, [0078]). (iii) The air channel (Fig. 4: #14b) is formed to allow air flow to flow between the base (Fig. 3: #12) and the support body (Fig. 3: #14, [0078]). (iv) The base (Fig. 3: #12) comprises the first air hole (Fig. 4: #12a) and a second air hole (Fig. 4: #12b), meeting the claim limitation of an air inlet and air outlet, in communication with the air channel (Fig. 4: #14b, [0078]).
(v) The unit also comprises a liquid inlet hole (Fig. 3: #11b) for guiding liquid from the outside of the outer cover (Fig. 3: #11, [0079]). (vi) When powered on, the heating element (Fig. 3: #15) starts to heat up [0079]. It is inherent that the heating element and power supply comprise electrical connection parts that transmit current for power to be supplied to the heating element to generate heat. (vii) The heating element (Fig. 3: #15) defines the air passage (Fig. 4: #14b) and is in contact with liquid guided from the outer cover (Fig. 3: #11, [0079]). (viii) The liquid inlet hole (Fig. 3: #11b) guides liquid to the heating element (Fig. 3: #15, [0079]) to generate aerosol [0086]. (ix) Air flows through the first air hole (Fig. 4: #12a) and out through the second air hole (Fig. 4: #12b), through the air passage (Fig. 4: #14b), [0078]). Chen teaches all the limitations of the claims as set forth above, however Chen is silent to:
Wherein the liquid transfer unit is integrally formed of the porous material
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Lord, directed to an electronic vapor provision device, teaches a support (Fig. 4: #20) made of porous material in a singular piece, to help transfer liquid in a direction from the liquid store to the heating element [0040 & 0057].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the liquid transfer unit of modified Chen to be integrally formed of the porous material because both Chen and Lord are directed to improving heating efficiency in aerosol generating devices. Lord teaches an integral support component to allow for a finer heating element to be constructed [0040] and this merely involves applying a known configuration to a known guiding component ready for improvement to yield predictable results.
With regard to Claim 2, Chen teaches all the limitations of the claims as set forth above, however Chen is silent to:
Wherein the air flow chamber is an annular ring space, or a ring space with angles
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Lord, directed to an electronic vapor provision device, teaches a channel (Fig. 8: #23) that is shaped as an annular ring to influence the speed of airflow and decrease static pressure [0069].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the air flow chamber of Chen to wherein the air flow chamber is an annular ring space, or a ring space with angles because both Chen and Lord are directed to preventing leakage in the air passage of an aerosol generating device. Lord teaches a channel shaped as an annular ring to influence the speed of airflow and decrease static pressure [0069] and this merely involves applying a known shape to an airflow passage of a known aerosol generating device ready for improvement to yield predictable results.
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With regard to Claim 3, Chen teaches (i) wherein the base (Fig. 3: #12) comprises a first portion (Fig. 3: #111) standing on the base and a second portion (Fig. 3: #112) connected to the first portion (Fig. 3: #111) on the base (Fig. 3: #12, [0083]). (ii) The first and second portion (Fig. 3: #111 and #112) surround the support body (Fig. 3: #14) fully when placed on top of it. (iii) The second portion (Fig. 3: #112) is connected to the upper edge of the first portion (Fig. 3: #111) and is connected to the liquid inlet hole (Fig. 3: #11b, [0083]) connected to the support body (Fig. 3: #14, [0078]). Chen discloses where a connection can also refer to an integral part [0069] and one of ordinary skill in the art would be motivated to modify Chen to where they are integral improve alignment and simplicity of the structure.
With regard to Claim 4, Chen teaches wherein (i) the air channel (Fig. 4: #14b), part of the support body (Fig. 3: #14), and the heating element (Fig. 4: #15) are disposed within a central interior region of the base (Fig. 3: #12) as seen by the stacked configuration in Figure 3. (ii) The liquid inlet hole (Fig. 4: #11b) is disposed outside of the location of the base (Fig. 3: #12) and opposite from the heating element (Fig. 3: #15).
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With regard to Claim 5, Chen teaches wherein the liquid inlet hole (Fig. 3: #11b) is formed on the outer cover (Fig. 3: #11) which covers the outer sides of the base (Fig. 3: #12).
With regard to Claim 6, Chen teaches wherein the heating element (Fig. 12: #15) is disposed on an outer part of the support body (Fig. 12: #14) and fully surrounds it in relation to the air flow channel (Fig. 4: #14b).
With regard to Claim 7, Chen teaches wherein the liquid inlet hole (Fig. 3: #11b) is provided on an outer location relative to the support body (Fig. 3: #14).
With regard to Claim 8, Chen teaches wherein the first air hole (Fig. 4: #12a, [0072]) is formed in the base (Fig. 3: #12) and in communication with a bottom part of the support body (Fig. 3: #14).
With regard to Claim 9, Chen teaches wherein the second air hole (Fig. 3: #12b) is enclosed by the first portion (Fig. 3: #111) and second portion (Fig. 3: #112) when the outer cover (Fig. 3: #111) is fixed on the base (Fig. 3: #12) . A person of ordinary skill in the art would find it obvious to position the hole at the connection point between the first and second portion (Fig. 3: #111 and #112) to simplify airflow routing and would produce the same function of moving air through an air passage to a user for inhalation and is considered an obvious design choice without unexpected results.
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With regard to Claim 10, Chen teaches wherein (i) the first air hole (Fig. 4: #12a) is disposed at a lower side of the outer cover (Fig. 3: #11) when the unit is assembled. (ii) The first portion (Fig. 3: #111) stands on the base (Fig. 3: #12, [0083]) and the base (Fig. 3: #12) comprises a raised portion (Fig. 3: #121) on the top surface of the base (Fig. 3: #112). The raised portion communicates with the air inlet (Fig. 4: #12a) below the base and up till the portion where it protrudes upwards. A person of ordinary skill in the art would find it obvious to configure the raised portion to extend downwards rather than upwards, since the direction or protrusion would not produce an unexpected result would not be produced and one could choose either orientation depending on space constraints (MPEP 2144.04.IV)
With regard to Claim 11, Chen teaches (i) wherein the air passage (Fig. 4: #14b), relating to the air flow chamber of the claimed invention, defines a longitudinal axis through the grooves of the support body (Fig. 3: #14). (ii) The air inlet (Fig. 4: #12a) and the air outlet (Fig. 4: #12b) are disposed transversely at opposite surfaces of the supporting body (Fig. 4: #14, Claim 1).
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With regard to Claim 12, Chen teaches (i) wherein the air passage (Fig. 4: #14b), relating to the air flow chamber of the claimed invention, creates a circumferential direction, perpendicular to the longitudinal direction of the air passage (Fig. 4: #14b). (ii) The air inlet (Fig. 4: #12a), two liquid inlet holes (Fig. 4: #11b), and air outlet (Fig. 4: #12b) are distributed in sequence in the circumferential direction defined by the air passage (Fig. 4: #14b).
With regard to Claim 13, Chen teaches (i) wherein the air passage (Fig. 4: #14b), relating to the air flow chamber of the claimed invention, defines a longitudinal axis through the grooves of the support body (Fig. 3: #14). (ii) The air inlet (Fig. 4: #12a) and the air outlet (Fig. 4: #12b) are disposed transversely at opposite surfaces of the supporting body (Fig. 4: #14, Claim 1), where the air inlet (Fig. 4: #12a) extends downward and the air outlet (Fig. 4: #12b) extends to the side.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 112089106 A, hereinafter citations referring to English Machine Translation) and Lord (US 20150201675 A1), as applied to claims 1 and 2 above, and further in view of Lin (CN 214903815 U, hereinafter citations referring to English Machine Translation).
With regard to Claim 14, modified Chen teaches all the limitations of the claims as set forth above, however modified Chen is silent to:
Wherein the heating part comprises two sections and two openings alternatively arranged in a circumferential direction of the air flow chamber
The two sections of the heating part are respectively disposed on two opposite sides of the inner wall of the air flow chamber
The two openings respectively face the air inlet and the air outlet
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Lin, directed to an integrated atomizing core, teaches (i) a heating wire with a portion of the heating wire adjacent to an upper opening (Fig. 9: #11) and another portion adjacent to a lower opening (Fig. 9: #12) arranged in a circumferential direction. (ii) The two portions of the heating wire (Fig. 9: #3) adjacent to the openings are disposed on opposite sides within a shell of the atomizing core (Fig. 9: #1), where a channel is formed from a bottom to top of the core [0042]. (ii) The openings of the heating wire (Fig. 9: #11) aligned with the upper and lower openings (Fig. 9: #11 & #12) face an air inlet cavity (Fig. 11: #18) and an upper cavity (Fig. 11: #17) to form an outlet channel [0047].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heating part of modified Chen to comprise two sections and two openings alternatively arranged in a circumferential direction of the air flow chamber, wherein the two section of the heating part are respectively dispose on two opposite sides of the inner wall of the air flow chamber, and the two openings respectively face the air inlet and the air outlet because both Chen and Lin are directed to improving the service life of the device and enhance heating efficiency. Lin teaches a core with a circumferentially arranged heating wire aligned with inlet and outlet cavities to enhance the atomization efficiency of the liquid [0016] and this merely involves applying a known configuration to a known heating element ready for improvement to yield predictable results.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 112089106 A, hereinafter citations referring to English Machine Translation) and Lord (US 20150201675 A1), as applied to claim 1 above, and further in view of Li (CN 113455740 A, hereinafter citations referring to English Machine Translation).
With regard to Claim 14, modified Chen teaches all the limitations of the claims as set forth above, however modified Chen is silent to:
Wherein the air guide part and the base surrounding the air guide part are integrally formed
The air flow chamber is formed between the air guide part and the base when the air guide part and the base are formed
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Li, directed to an integrated air column and electronic cigarette, teaches (i) an air guide column (Fig. 6: #15) that is integrally formed on the base (Fig. 6: #1, [0031]). (ii) Li further discloses an air guide hole (Fig. 6: #14) formed between the air guide column (Fig. 6: #15) and the base (Fig. 6: #1, [0031]) to guide air and facilitate use of the electronic cigarette [0031].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the air guide part and base of modified Chen to wherein the air guide part and the base surrounding the air guide part are integrally formed and the air flow chamber is formed between the air guide part and the base when the air guide part and the base are formed because both Chen and Li are directed to improving atomization efficiency in aerosol generating devices. Li teaches a base and air guide column that are integrally formed with an air guide hole to guide air and facilitate use of the electronic cigarette [0031] and this merely involves combining prior art elements according to known airflow techniques to yield predictable results.
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 OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at 571-270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755