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 1-20 are currently pending and are subject to this office action. Claims 1, 2, 4, 5, 9, 14, and 16-20 are amended. This office action is in response to Applicant’s amendment filed on 11/27/2025.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 11/27/2025 containing amendments and remarks to the specification and claims.
In response to Applicant’s amendments filed 11/27/2025 , the Examiner withdraws the objection to the specification for minor informalities.
In response to Applicant’s amendments filed 11/27/2025 , the Examiner withdraws the objection to claim 14 for minor informalities
In response to Applicant’s amendments filed 11/27/2025 , the Examiner withdraws the 35 U.S.C. 112(b) rejection to claims 5, 9, 13, 18, and 19 for lack of antecedent basis.
Response to Arguments
Applicant’s arguments, on pages 7-11, filed 11/27/2025, with respect to the rejection of claim 1 under 35 U.S.C. 102(a)(1) and 102(a)(2) have been fully considered and are persuasive. The Applicant has amended claim 1 to include a limitation that was not previously presented, specifically, “a shell defining a longitudinal direction… a gap between the air guide part and the base forms an air flow chamber, an axis surrounded by the air flow chamber between the air guide part and the base is angled relative to the longitudinal direction of the shell”. However, upon further consideration, a new ground(s) of rejection is made in view of Chen (CN 113598417 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, 7, 13, 15, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Lord (US 20190254350 A1), and further in view of Chen (CN 113598417 A, hereinafter citations referring to the English Machine Translation).
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With regard to Claim 1, Lord, directed to an electronic vapor provision device, teaches (i) an electronic vapor provision device comprising an outer structure along a longitudinal body of the device, vaporizer (Fig. 2: #7), and electrical contacts (Fig. 2: #26). (ii) Within the outer structure is a liquid store (Fig. 2: #6), an air inlet (Fig. 2: #27), and an air outlet (Fig. 2: #4). (iii) The vaporizer (Fig. 2: #7) comprises a heating element (Fig. 2: #21, [0056]) and a support (Fig. 2: #20), made of porous material, that is meant to transfer liquid in a direction from the liquid store to the heating element [0059].
(iv) The support (Fig. 2: #20) comprises an airflow channeler (Fig. 2: #50), relating to the air guide part of the claimed invention, and a heating rod (Fig. 2: #30), acting as foundation for the support and relating to the base of the claimed invention. The heating rod (Fig. 2: #30) surrounds and forms the space for the airflow channeler (Fig. 2: #50). (v) The airflow channeler (Fig. 2: #50) and the heating rod (Fig. 2: #30) form an air passageway (Fig. 2: #18, [0055]).
(vi) A central channel (Fig. 2: #23) of the support (Fig. 2: #20) is provided with an airflow path (Fig. 2: "F") that passes through the central channel [0071]. The airflow channeler (Fig. 2: #50) influences the passage of airflow and delivers it to the air outlet (Fig. 2: #4) through the air passageway (Fig. 2: #18, [0071]). The support (Fig. 2: #20) is wicked from the liquid store (Fig. 2: #6) through porous material of the support (Fig. 2: #20, [0059]).
(vii) The heating element (Fig. 2: #21) comprises a heating element coil (Fig. 2: #24) and receives electrical power to generate heat [0060]. Two leads (Fig. 2: #25) are connected to the heating element coil (Fig. 2: #24) and are configured to route electrical power to the heating element coil [0060]). (viii) The heating element coil (Fig. 2: #24) is disposed on an inner wall of the air passageway (Fig. 2: #18) and flush with the support (Fig. 2: #20, [0063]). (ix) The two leads (Fig. 2: #25) extend out of the air passageway (Fig. 2: #18) and connect to two electrical contacts (Fig. 2: #26) which are located at a first end of the outer structure [0054]. The two electrical contacts (Fig. 2: #26) are connected to a controller (Fig. 2: #14, [0068]).
(x) The liquid store (Fig. 2: #6) releases liquid to be wicked by the porous material of the support (Fig. 2: #20, [0059]). (xi) The air inlet (Fig. 2: #27) is in communication with the air passageway (Fig. 2: #18) which leads to the air outlet (Fig. 2: #4, [0069]), such that when liquid is wicked by the porous material of the support (Fig. 2: #20, [0059]), the liquid is wicked to the heating element (Fig. 2: #21) to be vaporized [0068]. (xii) Air outside of the device is drawn in through the air inlet (Fig. 2: #27), the air passageway (Fig. 2: #18), the airflow path (Fig. 2: "F") within the central channel (Fig. 2: 23), out through the air outlet (Fig 2: #4) to be inhaled by a user [0069]. Lord teaches all the limitations of the claims as set forth above, however Lord is silent to:
An axis surrounded by the air flow chamber formed between the air guide part and the base is angled relative to the longitudinal direction of the shell
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Chen, directed to a circumfluence soakage atomizing device, teaches a flow guide support (Fig. 2: #100) having an oil guiding slope (Fig. 2: #130), where the slope defining an axis is inclined towards an atomizing base (Fig. 2: #200), not in alignment with a longitudinal axis of the device [0041] to improve the efficiency and smoothness of delivery in the device [0041].
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 device of Lord to wherein an axis surrounded by the air flow chamber formed between the air guide part and the base is angled relative to the longitudinal direction of the shell because both Lord and Chen are directed to improving delivery efficiency in aerosol generating devices. Chen teaches an oil guiding slope with an inclined axis relative to the longitudinal axis of the device to improve the efficiency and smoothness of delivery in the device [0041] and this merely involves applying a known layout to an air flow chamber of an aerosol generating device ready for improvement to yield predictable results.
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With regard to Claim 2, Lord teaches the air passageway (Fig. 2: #18). It would be inherent that the air passageway (Fig. 2: #18) is ring shaped because the air outlet (Fig. 1: #4) is ring shaped, and the air passageway (Fig. 2: #18) directly leads to the air outlet (Fig. 2: #4). Modified Lord teaches all the limitations of the claims as set forth above, however modified Lord is silent to:
The air inlet and the air outlet respectively extend transversely or radially from two peripheral portions of the air flow chamber
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Chen teaches an air inlet (Fig. 2: #202) and air guide hole (Fig. 2: #108), relating to the air outlet of the claimed invention. The air inlet (Fig. 2: #202) communicates with the air guide groove (Fig. 2: #106) formed on a side wall of the flow guide support frame (Fig. 2: #100, [0033]) and the air guide hole (Fig. 2: #108) is located on a separate peripheral side wall of the flow guide support frame (Fig. 2: #100), both extending transversely to improve the guidance of airflow throughout the device [0033].
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 modified Lord to wherein the air inlet and the air outlet respectively extend transversely or radially from two peripheral portions of the air flow chamber because both Lord and Chen are directed to improving delivery efficiency in aerosol generating devices. Chen teaches an air inlet and air guide hole located on separate peripheral side walls of a flow guide support frame to improve the guidance of airflow throughout the device [0033] and this merely involves applying known locational techniques to a known air passage ready for improvement to yield predictable results.
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With regard to Claim 7, Lord teaches wherein the heating rod (Fig. 2: #30) comprises a left side and a right side that surrounds the airflow channeler (Fig. 2: #50) and joins to create a cylindrical tube while the airflow channeler (Fig. 2: #50) is within the heating rod (Fig. 2: #30).
With regard to Claim 13, Lord teaches wherein the upper area of the left and right side of the liquid store (Fig. 2: #6) are formed around the air outlet (Fig. 2: #4).
With regard to Claim 15, Lord teaches wherein the heating rod (Fig. 2: #30) comprises a left side and a right side that surround the airflow channeler (Fig. 2: #50) and joins to create a cylindrical tube with the airflow channeler (Fig. 2: #50) is within the heating rod (Fig. 2: #30).
With regard to Claim 17, Lord teaches wherein airflow (Fig. 2: "F") moves through the air passageway (Fig. 2: #18) and out through the air outlet (Fig. 2: #4), extending in a longitudinal direction relative to the device. Modified Lord teaches all the limitations of the claims as set forth above, however modified Lord is silent to:
Wherein the axis surrounded by the air flow chamber is perpendicular to the longitudinal direction
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Chen teaches wherein a flow guide support (Fig. 2: #100) having an oil guiding slope (Fig. 2: #130). The slope defines an axis inclined towards an atomizing base (Fig. 2: #200), not in alignment with a longitudinal axis of the device [0041] to improve the efficiency and smoothness of delivery in the device [0041].
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 axis of modified Lord to wherein the axis surrounded by the air flow chamber is perpendicular to the longitudinal direction because both Lord and Chen are directed to improving delivery efficiency in aerosol generating devices. Chen teaches a flow guide support with an inclined slope to improve the efficiency and smoothness of delivery in the device [0041] and this merely involves applying a known angling technique to a known aerosol generating device ready for improvement to yield predictable results.
Claims 3, 4, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Lord (US 20190254350 A1) and Chen (CN 113598417 A, hereinafter referred to as Chen ‘417), as applied to claims 1 and 2 above, and further in view of Chen (US 2016262455 A1, hereinafter referred to as Chen ‘455).
With regard to Claim 3, Lord teaches wherein the air passageway (Fig. 2: #18) is open outwards through the air outlet (Fig. 2: #4), and all the limitations of the claims as set forth above, however modified Lord is silent to:
A sealing element disposed in the shell
The sealing element seals the open side of the airflow chamber of the liquid transfer unit
An air outlet connector is disposed at a position, corresponding to the air outlet of the liquid transfer unit, of the sealing element and is connected to the air outlet passage of the shell, thereby achieving communication and seal between the air outlet passage and the air outlet
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Chen ‘455, directed to an electronic cigarette, teaches (i) a sealing gasket (Fig. 3: #221) disposed within a cover body (Fig. 3: #22) of the device [0024]. (ii) The sealing gasket (Fig. 3: #221) covers an air flowing pipe (Fig. 3: #23) of an atomizer device (Fig. 4: #20), relating to the liquid transfer unit of the claimed invention. (iii) A through hole at the center of the sealing gasket (Fig. 3: #221) communicates with an air flowing pipe (Fig. 4: #23, [0024]), corresponding to the atomizer device (Fig. 4: #20), and is connected to the path of air being delivered to a user [0032], achieving an efficient seal to prevent leakage in both airflow passages [0025].
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 shell of Lord to include a sealing element that seals the open side of the airflow chamber of the liquid transfer unit and wherein air outlet connector is disposed at a position, corresponding to the air outlet of the liquid transfer unit, of the sealing element and is connected to the air outlet passage of the shell, thereby achieving communication and seal between the air outlet passage and the air outlet because both Lord and Chen ‘455 are directed to providing efficient vapor release and liquid flow. Chen ‘455 teaches a sealing gasket to prevent leakage in airflow passages [0025] and this merely involves applying a known sealing component to a known aerosol generating device ready for improvement to yield predictable results.
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With regard to Claim 4, Lord teaches wherein the air passageway (Fig. 2: #18) is open through the air outlet (Fig. 2: #4) on one side and open on another side by receiving air from the air inlet (Fig 2: #27, [0069]) along an axis of the air passageway. Modified Lord teaches all the limitations of the claims as set forth above, however modified Lord is silent to:
A receiving cavity is formed in the sealing element
The atomizing core is disposed in the receiving cavity
A wall of the receiving cavity covers and seals the air flow chamber of the liquid transfer unit
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Chen ‘455 teaches (i) wherein the bottom of the sealing gasket (Fig. 4: #221) forms a receiving space in between two positioning posts (Fig. 4: #222). (ii) An atomizer assembly (Fig. 3: #24), relating to the atomizing core of the claimed invention, is received within the receiving space formed by two positioning posts (Fig. 4: #222) of the sealing gasket (Fig. 4: #221). (iii) The two positioning posts (Fig. 4: #222) and the upper part of the sealing gasket (Fig. 4: #221), relating to walls of the receiving cavity, are placed on the atomizer (Fig. 3: #20) and seal the air flow chamber (Fig. 4: #23) of the atomizer (Fig. 4: #20, [0024]) to prevent the sealing gasket from rotating and preventing leakage [0025].
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 sealing element of Lord to form a receiving cavity, wherein the atomizing core is disposed and a wall of the receiving cavity covers and seals the air flow chamber of the liquid transfer unit because both Lord and Chen ‘455 are directed to providing efficient liquid flow and strong support within the device. Chen ‘455 teaches a sealing gasket with a receiving cavity, wherein an atomizing core is disposed to prevent the sealing gasket from rotating and preventing leakage [0025] and this merely involves applying a known cavity to a known sealing element ready for improvement to yield predictable results.
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With regard to Claim 5, Lord teaches wherein (i) the airflow path (Fig. 2: "F") is formed running through the lower to higher areas of the support (Fig. 2: #20). (ii) The outer structure comprises an outer casing (Fig. 2: #15), relating to the shell body of the claimed invention. (iii) The liquid store (Fig. 2: #6) and the air outlet (Fig. 2: #4) are within the outer casing (Fig. 2: #15). (iv) The top end of the outer casing (Fig. 2: #15) is opened to allow air to be delivered to the user. Modified Lord teaches all the limitations of the claims as set forth above, however modified Lord is silent to:
Wherein the receiving cavity of the sealing element is open downwards
The atomizing core is placed in the receiving cavity through an opening of the receiving cavity
A pedestal, the air inlet passage disposed in the pedestal
The sealing element and the atomizing core are disposed in the shell body
Wherein the pedestal is mounted at the open end of the shell body, and is connected to a lower side of the sealing element, such that the air inlet is sealed with respect to the air inlet passage
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Chen ‘455 teaches (i) wherein the receiving space formed by the two positioning posts (Fig. 4: #222) of the sealing gasket (Fig. 4: #221) open downward. (ii) The atomizer assembly (Fig. 3: #24) is placed in the underside of the sealing gasket (Fig. 4: #221) through the receiving space (Fig. 4: "R"). (iii) A baseplate (Fig. 4: #211) is included in the device and surrounds the air flowing pipe (Fig. 4: #23). (iv) The sealing gasket (Fig. 4: #221) and the atomizer assembly (Fig. 4: #24) are disposed within an inner wall of an atomizer holder (Fig 4: #21), relating to the shell body of the claimed invention.
(v) The baseplate (Fig. 4: #211) is mounted at an open bottom end of the atomizer holder (Fig. 4: #21). One of ordinary skill in the art would find it obvious to modify the open end of the shell body of Lord with the baseplate as the bottom end of the outer casing of Lord is also open. The baseplate (Fig. 4: #211) is on an under side of the sealing gasket (Fig. 4: #221) to help enclose a liquid reservoir room and provide smooth passage of air [0024].
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 device of Lord to wherein the receiving cavity of the sealing element is open downwards; the atomizing core is placed in the receiving cavity through the opening of the receiving cavity; a pedestal, the air inlet passage disposed in the pedestal; the sealing element and the atomizing core are disposed in the shell body; and wherein the pedestal is mounted at the open end of the shell body, and is connected to a lower side of the sealing element, such that the air inlet is sealed with respect to the air inlet passage because both Lord and Chen ‘455 are directed to providing efficient liquid flow and strong support within the device. Chen ‘455 teaches a receiving cavity and pedestal mounted at the end of a shell body to help enclose a liquid reservoir room and provide smooth passage of air by preventing leakage [0024-0025] and this merely involves applying a known base component to a known aerosol generating device ready for improvement to yield predictable results.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lord (US 20190254350 A1), Chen (CN 113598417 A), and Chen (US 20160262455 A1), as applied to claims 1, 2, 3, 4, and 5 above, and further in view of Yang (CN 111631430 A, hereinafter citations referring to English Machine Translation).
With regard to Claim 6, Modified Lord teaches all the limitations of the claims as set forth above, however modified Lord is silent to:
Wherein electrode connection holes are formed in a side, facing the pedestal, of the sealing element
The electrical connection parts of the heating unit are bent in to the electrode connection holes
One end of each said electrode is inserted through the pedestal and into a corresponding one of the electrode connection holes to be in contact and electrical connection with a corresponding one of the electrical connection parts
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Yang, directed to a smoke cartridge and aerosol generating device, teaches (i) electrode through holes (Fig. 6: #52) on the bottom end of a sealing silicone block (Fig. 6: #5) that face a base (Fig. 7: #3, [0045]), relating to the pedestal of the claimed invention. (ii) The top of the electrodes can pass through the electrode through holes and contact a ceramic heating wire (Fig. 7: #6, [0045]). Although Lord does not specify that the connection parts are bent, one of ordinary skill in the art would understand that as long as a connection is formed between the components, the same predictable result would ensue. (iii) As shown in Figure 7, the top end of the electrodes (Fig. 7: #4) pass through the base (Fig. 7: #3) and into a corresponding electrode through hole within the sealing silicone block (Fig. 7: #5) to contact the ceramic heating wire (Fig. 7: #6, [0045]) to supply power to heat the ceramic heating wire from the battery, thereby causing the cartridge to generate smoke [0046].
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 sealing element of modified Lord to wherein electrode connection holes are formed in a side, facing the pedestal, of the sealing element; the electrical connection parts of the heating unit are bent in to the electrode connection holes, and wherein one end of each said electrode is inserted through the pedestal and into a corresponding one of the electrode connection holes to be in contact and electrical connection with a corresponding one of the electrical connection parts because both Lord and Yang are directed to controlling the amount of aerosol delivered to a user's mouth and routing power through electrical contacts. Yang teaches electrode through holes on a sealing silicone block that contain electrodes that go through a base as well to supply power to heat the ceramic heating wire from the battery, thereby causing the cartridge to generate smoke [0046] and this merely involves simple substitution of one known way of electrical connection for another to obtain predictable results.
Claims 8, 9, 10, 11, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lord (US 20190254350 A1), Chen (CN 113598417 A), and Yang (CN 111631430 A, hereinafter citations referring to English Machine Translation), as applied to claims 1, 2, and 7 above, and further in view of Li (US 20200187568 A1).
With regard to Claim 8, modified Lord teaches all the limitations of the claims as set forth above, however modified Lord is silent to:
Wherein in the air flow chamber, the heating part is disposed on the base
Wherein the liquid inlet part is disposed on an outer side of the base
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In regards to i., Yang teaches wherein the ceramic heating wire (Fig. 7: #6) is layered on the base (Fig. 7: #3) to supply power to heat the ceramic heating wire from the electrodes in contact with the battery, thereby causing the cartridge to generate smoke [0046].
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 modified Lord to wherein the heating part is disposed on the base because both Lord and Yang are directed to providing support for heating elements to improve heating efficiency. Yang teaches a ceramic heating wire on a base to support the heating element and to improve smoke generation [0046] and this merely involves applying a known component layout configuration to a known aerosol generating device ready for improvement to yield predictable results.
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In regards to ii., Li teaches wherein in the housing, a liquid inlet (Fig. 3: #31) is disposed on an outer top portion of the base (Fig. 3: #30) to receive liquid from the liquid storage chamber [0024].
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 modified Lord to wherein the liquid inlet part is disposed on an outer side of the base because both Lord and Yang are directed to providing support for heating elements to improve heating efficiency. Yang teaches a liquid inlet on the outer side of a base to improve the flow of liquid through the device from the liquid storage chamber [0024] and this merely involves applying a known placement configuration to a known aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 9, modified Lord teaches all the limitations of the claims as set forth above, however modified Lord is silent to:
Wherein the liquid inlet part is a liquid inlet recess formed in the outer side of the base
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Li teaches wherein in the housing, a liquid inlet (Fig. 3: #31) is sunk into an outer top portion of the base (Fig. 3: 30) to receive liquid from the liquid storage chamber [0024].
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 inlet part of modified Lord to wherein the liquid inlet part is a liquid inlet recess formed in the outer side of the base because both Lord and Yang are directed to providing support for heating elements to improve heating efficiency. Yang teaches a liquid inlet recess in the outer side of a base to improve the flow of liquid through the device from the liquid storage chamber [0024] and this merely involves applying a known placement configuration to a known aerosol generating device ready for improvement to yield predictable results.
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With regard to Claim 10, Lord teaches wherein the air passageway (Fig. 8: #18) comprises the heating element (Fig. 8: #24) and the airflow channeler (Fig. 2: #50). The heating coil (Fig. 8: #24) is wrapped around the airflow channeler (Fig. 2: #50).
With regard to Claim 11, Lord teaches wherein the support (Fig. 2: #20) can be made of porous material configured to wick liquid [0059], relating to the liquid inlet and liquid inlet recess of the claimed invention. The support (Fig. 2: #20) is formed on the outside of the airflow channeler (Fig. 2: #50), relating to the air guide part of the claimed invention.
With regard to Claim 16, Lord teaches wherein the heating element coil is a wire formed into a helix [0060]. One of ordinary skill in the art would understand that the heating wire completes the same heating function as the claimed invention and selecting a particular shape that performs the same function and yields no unexpected result, is considered a matter of design choice (MPEP 2144.04.IV(A)). Modified Lord teaches all the limitations of the claims as set forth above, however modified Lord is silent to:
The at least one heating wire surrounding the axis, and the axis is perpendicular to the air outlet passage
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Li, directed to an atomizing assembly, teaches a heating wire (Fig. 6: #421) wound in a horizontal direction around a body (Fig. 6: #411, [0033]). The horizontal direction of the heating wire (Fig. 6: #421) is perpendicular to the vertical direction of the airflow channel (Fig. 2: #22), where air can be sucked by a user [0024]. One of ordinary skill in the art would be motivated to modify the heating wire of Lord with the configuration of Li to improve atomization time and quality of smoke received by a user [0038-0039].
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With regard to Claim 18, Lord teaches wherein (i) the heating element coil (Fig. 2: #24), a side wall of the airflow channeler (Fig. 2: #50), and heating rod (Fig. 2: #30) are all cylindrically shaped components and fit within each other. (ii) The heating element coil (Fig. 2: #4) is disposed on an inner side wall of the heating rod (Fig. 2: #30).
Claims 12 is rejected under 35 U.S.C. 103 as being unpatentable over Lord (US 20190254350 A1), Chen (CN 113598417 A), and Yang (CN 111631430 A, hereinafter citations referring to English Machine Translation), as applied to claims 1, 2, and 7 above, and further in view of Zhang (CN 113729308 A, hereinafter citations referring to English Machine Translation).
With regard to Claim 12, modified Lord teaches all the limitations of the claims as set forth above, however modified Lord is silent to:
Wherein the air inlet is formed in a joint of the base and the air guide part
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Zhang, directed to a heater and aerosol generating device, teaches an air inlet (Fig. 2: #231) that is formed towards the bottom of a base (Fig. 2: #230, [0028]) and the air inlet corresponds to an air inlet pipe (Fig. 2: #241, [0030]), where the base (Fig. 2: #230) and the air inlet pipe (Fig. 2: #241) can be combined to form a structure [0034], preventing aerosol leakage and providing a more stable connection between device components [0033].
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 inlet of modified Lor to wherein the air inlet is formed in a joint of the base and the air guide part because both Lord and Zhang are directed to providing efficient aerosol flow and strong support within the device. Zhang teaches an air inlet formed between a base and air inlet pipe that can combine to form a structure to preventing aerosol leakage and providing a more stable connection between device components [0033] and this merely involve combining prior art elements according to known air path methods to yield predictable results.
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Lord (US 20190254350 A1), Chen (CN 113598417 A, hereinafter referred to as Chen ‘417), and Yang (CN 111631430 A, hereinafter citations referring to English Machine Translation), as applied to claims 1, 2, and 7 above, and further in view of Chen (US 20160262455 A1, hereinafter referred to as Chen ‘455) and Lin (CN 105457069 A, hereinafter citations referring to English Machine Translation).
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With regard to Claim 14, Lord teaches (i) an electronic vapor provision device comprising an outer structure. The outer structure comprises an outer casing (Fig. 2: #15), relating to the shell body of the claimed invention. (ii) The liquid store (Fig. 2: #6) and the air outlet (Fig. 2: #4) are within the outer casing (Fig. 2: #15). (iii) The top end of the outer casing (Fig. 2: #15) is opened to allow air to be delivered to the user. (iv) The airflow path (Fig. 2: "F") is formed running through the lower to higher areas of the support (Fig. 2: #20) which is within the heating rod (Fig. 2: #30).
A pedestal, the air inlet passage is disposed in the pedestal
The atomizing core is disposed in the shell body
The pedestal is disposed at the open end of the shell body
The liquid transfer unit comprises a support part which is connected to the base and/or the guide part, protrudes downwards, and is used for elevating the air inlet
Wherein the support part presses against downwards against the pedestal to space the air inlet apart from the pedestal
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In regards to i., ii., and iii., Chen ‘455 teaches wherein (i) a baseplate (Fig. 4: #211) is included in the device and surrounds the air flowing pipe (Fig. 4: #23). (ii) The atomizer assembly (Fig. 4: #24) are disposed within an inner wall of an atomizer holder (Fig 4: #21), relating to the shell body of the claimed invention. (iii) The baseplate (Fig. 4: #211) is mounted at an open bottom end of the atomizer holder (Fig. 4: #21). One of ordinary skill in the art would find it obvious to modify the open end of the shell body of Lord with the baseplate as the bottom end of the outer casing of Lord is also open.
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 device of Lord to comprise a pedestal, the air inlet passage disposed in the pedestal; wherein the atomizing core are disposed in the shell body; and wherein the pedestal is disposed at the open end of the shell body because both Lord and Chen ‘455 are directed to providing efficient liquid flow and strong support within the device. Chen ‘455 teaches a pedestal mounted at the end of a shell body to help enclose a liquid reservoir room and provide smooth passage of air by preventing leakage [0024-0025] and this merely involves applying a known base component to a known aerosol generating device ready for improvement to yield predictable results.
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In regards to iv. and v., Lin, directed to an aroma diffuser, teaches (i) two legs (Fig. 7: #4) combined with an atomizer (Fig. 7: #5, [0046]). The two legs (Fig. 7: #4) are inserted into an inner cavity of the base (Fig. 7: #1, [0046]), and protrude downwards, wherein an air inlet (Fig. 7: #20) is above the two legs (Fig. 7: #4). (ii) The two legs (Fig. 7: #4) extend downward from the body of the device and creates space or a gap between the air inlet (Fig. 7: #20) and the bottom of the device. One of ordinary skill in the art would have found to it obvious to combine the pedestal of Chen ‘455 and supporting components of Lin to achieve a stabilized spacing and elevated positioning of the air inlet for improved airflow and to reduce risk of obstruction that may occur when near the pedestal and substitute it with the air inlet location of Lord.
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 Lord to comprise a support part which is connected to the base and/or the guide part, protrudes downwards, and is used for elevating the air inlet and wherein the support part downwards presses against the pedestal to space the air inlet apart from the pedestal because both Lord and Lin are both directed to restricting airflow in certain parts of a device to improve atomization efficiency. Lin teaches two legs that extend downwards between an air inlet and bottom of a device to provide a safe device and reduce possibility of damage [0004] and this merely involves combining prior art elements according to known airflow methods to yield predictable results.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Lord (US 20190254350 A1), Chen (CN 113598417 A), and Yang (CN 111631430 A), and Li (US 20200187568 A1), as applied to claims 1, 2, 7, and 10, and further in view of Qiu (WO 2019028742 A1, hereinafter citations referring to English Machine Translation).
With regard to Claim 19, modified Lord teaches all the limitations of the claims as set forth above, however modified Lord is silent to:
Wherein the air guide part is made of the porous material
Qiu, directed to an atomizer and electronic cigarette, teaches a porous air guide to promote mechanical strength of the air guide to resist deformity while air flows and promote even heating of liquid, improving an atomization effect of the device [0015].
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 of modified Lord to be made of porous material because both Lord and Qiu are directed to improving atomization effect in aerosol delivery devices. Qiu teaches an air guide part made of porous material to promote mechanical strength of the air guide to resist deformity while air flows and promote even heating of the e-liquid, improving atomization effect [0015] and this merely involves applying a known material to a known air guide ready for improvement to yield predictable results.
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With regard to Claim 20, Lord teaches wherein (i) the airflow channeler (Fig. 2: #50) may form part of the heating element support (Fig. 2: #20, [0084]), meeting the claim limitation of being formed integrally. Additionally, the use of a one-piece structure instead of separate structure is merely a matter of obvious design choice (MPEP 2144.04(V)(B)). (ii) The support may be made of porous material [0059]. Modified Lord teaches all the limitations of the claims as set forth above, however modified Lord is silent to:
Wherein the air guide part and the base of the liquid transfer unit are formed of the porous material as a single part
Qiu teaches wherein an air guide is made of porous material to promote mechanical strength of the air guide to resist deformity while air flows and promote even heating, improving an atomization effect of the device [0015]. One of ordinary skill in the art would find it obvious to combine the integrated structure of Lord with the porous material of the air guide of Qiu to form a single porous component to promote even airflow and strengthen the function of the airflow channeler of Lord.
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 of modified Lord to be made of porous material because both Lord and Qiu are directed to improving atomization effect and airflow in aerosol delivery devices. Qiu teaches an air guide part made of porous material to promote mechanical strength of the air guide to resist deformity while air flows and promote even heating of e-liquid [0015] and this merely involves combining prior art element according to known air flow methods 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.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755