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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/22/2026 has been entered.
Status of the Claims
Claims 1-15 are currently pending and are subject to this office action. Claims 1 and 15 are amended. This office action is in response to Applicant’s amendment filed on 05/22/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 05/22/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, on pages 5-8, filed 05/15/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 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 comprises a base and an air guide part which are integrally formed of the porous material… an air flow chamber which is surrounded by the porous material of the base and the air guide part”. However, upon further consideration, a new ground(s) of rejection is made in view of Huang (CN 210203369 U) and Li (CN 113455740 A).
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, 13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 112089106 A, hereinafter citations referring to English Machine Translation), and further in view of Huang (CN 210203369 U, hereinafter citations referring to English Machine Translation) and Li (CN 113455740 A, hereinafter citations referring to English Machine Translation).
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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), wherein the outer cover (Fig. 3: #11), meeting the claim limitation of the liquid transfer unit, comprises a liquid inlet hole (Fig. 3: #11b) that controls the amount of liquid transferred to the heating element [0079]. (ii) The lower portion of the outer cover (Fig. 3: #11) comprises the base (Fig. 3: #12) and a support body (Fig. 3: #14) when assembled [0078 & 0083], wherein the support body (Fig. 3: #14) rests on the base (Fig. 3: #12). (iii) At least part of the bottom surface of the support body (Fig. 3: #14) is separated from the base (Fig. 3: #12) to define a ventilation space (Fig. 4: #14a), wherein the ventilation space (Fig. 4: #14a) connects an air hole (Fig. 4: #12b) of the base and an air passage (Fig. 4: #14b) to allow airflow to pass sequentially to the heating element [0077]. (iv) The base (Fig. 3: #12) comprises the first air hole (Fig. 4: #12a) and the 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 the device is 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:
A liquid transfer unit made of porous material configured for absorbing liquid
The base surrounds the air guide part
A base and an air guide part which are integrally formed of the porous material
An airflow chamber which is surrounded by the porous material of the base and the air guide part
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In regards to i., iii., and iv., Huang, directed to an atomizer and electronic cigarette, teaches (i) a porous structure (Fig. 3: #162) that has a function of guiding and absorbing e-liquid [0024 & 0037] to ensure a good oil guiding effect and simplify the internal structure of the atomizer [0037]. (iii) The porous body (Fig. 3: #162) includes a porous body (Fig. 3: #1621) and a porous boss (Fig. 3: #1622) that passes through an airflow channel (Fig. 3: #126), which are both made of porous material [0037]. One of ordinary skill in the art would have been motivated to modify the liquid transfer unit, base, and air guide part of Chen to be made of porous material to prevent condensate from being inhaled and allow it to undergo a secondary atomization, improving safety and reliability of the device [0024, 0039]. (iv) Upon modifying Chen with the porous material of Huang, Chen's existing ventilation space (Fig. 4: #14a) would consequently be surrounded by the porous material of the base and air guide part.
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 made of porous material configured for absorbing liquid and wherein a base and an air guide part are formed of porous material because both Chen and Huang are directed to liquid transfer in aerosol generating devices. Huang teaches a porous structure comprising a body and boss made of porous material to prevent condensate from being inhaled and allow it to undergo a secondary atomization, improving safety and reliability of the device [0024, 0039] and this merely involves the use of a known material to improve similar devices in the same way.
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In regards to ii. and iii., Li, directed to an integrated air column and electronic cigarette, teaches (i) wherein a base (Fig. 6: #1) surrounds an air guide column (Fig. 6: #15), as the air guide column is positioned within a cavity of the base (Fig. 6: #1). (ii) The air guide column (Fig. 6: #15) and base (Fig. 6: #1) are integrally formed. One of ordinary skill in the art would have found it obvious to modify the base and air guide part of Chen as modified by Huang with the integral formation of the Li 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 base surrounds the air guide part and the base and air guide part are integrally formed because both Chen and Li are directed to improving atomization efficiency in aerosol generating devices. Li teaches a base and air guide column to guide air and facilitate use of the electronic cigarette [0031] and this merely involves combining prior art elements according to known configurations to yield predictable results.
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With regard to Claim 2, Chen wherein a plurality of grooves (Fig. 3: #141) extend longitudinally and are distributed in a circumferential direction of the support body (Fig. 3: #14, [0081]) and are covered by the heating element (Fig. 3: #15) to define the ventilation channel (Fig 4: #14b, [0076]). One of ordinary skill in the art would have understood the circumferentially arranged passages to define an enclosed ring-shaped airflow space.
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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 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.
With regard to Claim 15, modified Chen teaches all the limitations of the claims as set forth above, however modified Chen is silent to:
Wherein 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]). 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 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 applying a known configuration to a known aerosol generating device, ready for improvement to yield predictable results.
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), Huang (CN 210203369 U), and Li (CN 113455740 A), 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.
Conclusion
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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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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