DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2-24-26 has been entered.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-2, 6, 9, and 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qiu (CN 211746950 U).
Claims 1 and 14: Qiu teaches a vaporizer 100 (p6 L8-17) comprising an outer housing 10 (p6 L8-17), the outer housing 10 having a longitudinal direction (for example, along the longest stretch of the vaporizer 100) and a horizontal direction (for example, across the vaporizer 100) perpendicular to the longitudinal direction (Fig1 Fig5 annotated below);
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wherein the outer housing 10 is internally provided with:
●a liquid storage cavity 13, configured to store a matrix liquid substrate (p6 L8-19);
●a liquid absorber 331, extending in the horizontal direction, and constructed
to be in fluid communication with the liquid storage cavity 13 to absorb the liquid substrate (p13 L18-29; Fig5 annotated below);
●a first supporter (comprising at least items 31, 313, 312), located between
the liquid absorber 331 and the liquid storage cavity 13 in the longitudinal direction (p7 L26-27; Fig5 annotated below);
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and at least partially defining a vaporization chamber 213 surrounding the liquid absorber 331 (p8 L30-37; Fig5);
●a heater 332, combined with the liquid absorber 331 and configured to heat at least a
part of the liquid substate of the liquid absorber 331 to form and release an aerosol to the vaporization chamber 213 (p11 L30 to p12 L17; p13 L18-29; Fig3 Fig5);
●a vapor output channel 121, configured to output the aerosol in the vaporization
chamber 213 and comprising a through hole extending in the longitudinal direction of the first supporter (p8 L30 to p9 L11; Fig3 Fig5 annotated below);
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wherein:
●the first supporter is provided with a blocking part (comprising at least items 3122 and
the side opening 3121) located between the heater 332 and the through hole and blocking a portion of the vaporizer 100 (p11 L1-21; Fig3 Fig5);
●the blocking part is provided with the side opening 3121 (p11 L1-21), and at least a part
of the vaporization chamber 213 is in airflow communication with the vapor output channel 121 through the side opening 3121 (p11 L1-21) and the side opening 3121 is opposite to at least a part of the heater 332 in the longitudinal direction (Fig3; portion of Fig5 annotated below).
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The side opening 3121 is located at a central part of the outer housing 10 in the horizontal direction (Fig5 annotated below). The side opening 3121 is opposite to a central part of the heater 322 in the horizontal direction (portion of Fig5 annotated below).
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Other locations within reference may be included with the above cited locations (paragraphs, drawing, abstract, claims) to demonstrate further the features in the reference as claimed in the instant claims.
Claim 2: the blocking part (comprising at least items 3122 and the side opening 3121) covers at least a part of the heater 332 in the longitudinal direction (Fig5 annotated below).
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Claim 4: the vaporizer 100 comprises a thickness direction perpendicular to the longitudinal direction and the horizontal direction (portion of Fig3 annotated below). The side opening 3121 is constructed to extend in the thickness direction.
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Claim 5: an extension length of the blocking part (comprising at least items 3122 and
the side opening 3121) in the thickness direction covers the liquid absorber 331 and the heater 332 as shown when viewing Figures 3-5 together.
Claim 6: the blocking part is not in contact with the heater 332 and/or the liquid absorber as shown when viewing Figures 3-5 together.
Claim 9: a side of the blocking part close to the side opening 3121 in the thickness direction is an opening (portion of Fig3 annotated below).
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Claim 14: Qiu teaches an electronic vaporization device comprising a vaporizer 100 for vaporizing a liquid substrate to generate an aerosol and a power supply component for supplying power to the vaporizer 100, wherein the vaporizer comprises the vaporizer 100 according to claim 1 (see previously recited locations within the reference; p6 L8-17).
Claim 13: the outer housing 10 is further internally provided with a second supporter (comprising at least items 22, 222, 223, 224, 225), located at a side of the liquid absorber 331 away from the first supporter in the longitudinal direction (Fig5) and at least partially keeping the liquid absorber 331, by way of contact thereunder, wherein the second supporter and the first supporter define the vaporization chamber 213 (Fig5 annotated below).
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Claim Rejections - 35 USC § 103
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (CN 211746950 U).
Claim 7: with respect to the claimed projection area of the blocking part in the through hole in the longitudinal direction being less than two-thirds of an area of through hole, Qiu teaches a projection area of the blocking part in the through hole in the longitudinal direction is less than an area of the through hole (Fig5). However, with respect to being two-thirds less, the projection area of the blocking part relative to the area of the through hole to which one skilled in the art would consider is a function of, among other variables, the overall size of the vaporizer, the desired flow rates of the fluids in the vaporizer, and operating temperatures and pressures allowed during use of the vaporizer. Accordingly, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to have optimized these projection areas that one skilled in the art would consider based on known variables, such as those listed; and thus, the claimed value cannot be considered critical. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum and workable ranges by routine experimentation,” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 195). “It is a well settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same this as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results that prior inventions.” In re Williams, 36 F.2d 436, 438 (CCPA 1929). See MPEP 2144.05 II.A.
Claim 8: the heater 322 is constructed to extend in the horizontal direction and at least partially surround the liquid absorber 331 as shown when viewing Figures 3-5 together. With respect to the claimed size of the side opening 3121 in the horizonal direction being less than two-thirds of an extension length of the liquid absorber 331, the relative size of the side opening 3121 in the horizonal direction and an extension length of the liquid absorber 331 to which one skilled in the art would consider are a function of, among other variables, the overall size of the vaporizer, the desired flow rates of the fluids in the vaporizer, operating temperatures and pressures allowed during use of the vaporizer, and the amount of liquid substrate into the liquid absorber 331. Accordingly, it would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to have optimized these relative sizes to which one skilled in the art would consider based on known variables, such as those listed; and thus, the claimed value cannot be considered critical. “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum and workable ranges by routine experimentation,” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 195). “It is a well settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same this as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results that prior inventions.” In re Williams, 36 F.2d 436, 438 (CCPA 1929). See MPEP 2144.05 II.A.
Allowable Subject Matter
Claims 10-11 are 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.
The following is a statement of reasons for the indication of allowable subject matter. Claim 10, the closest prior art of record to Qiu, alone or in combination with the other prior art of record, does not teach or fairly suggest wherein a first protruding edge surrounding the side opening is formed on a surface of the blocking part close to the heater, to prevent the liquid substrate on a surface of the blocking part from flowing to the side opening.
Claim 12 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.
The following is a statement of reasons for the indication of allowable subject matter. Claim 12, the closest prior art of record to Qiu, alone or in combination with the other prior art of record, does not teach or fairly suggest wherein a second protruding edge surrounding the side opening is formed on a surface of the blocking part close to the through hole, to prevent an aerosol condensate dropping from an inner wall of the vapor output channel from flowing to the side opening.
Conclusion
The amendments and comments filed 1-29-26 have been entered and fully considered.
Applicant indicates the following with respect to amended claim 1 (response at page 8, first paragraph): As shown in FIG. 3 of Qiu, the smoke hole 3121 is formed at the opposite ends of the buffer protrusion 3122, rather than at a central portion of “the structure” in the horizontal direction (emphasis added by examiner). Also, see the response at page 9, first paragraph.
In response, it is noted that Applicant refers to a central part of “the structure”. The Examiner is uncertain what Applicant refers to when reciting “the structure”. Claim 1 recites that the side opening is located at a central part of “the outer housing” in the horizontal direction. Qiu teaches this claim limitation. Specifically, the side opening 3121 is located at a central part of the outer housing 10 in the horizontal direction. See Figure 5 of Qiu annotated below.
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The inner box represents a central part of the outer housing 10. The side opening 3121 is located within this inner box. Thus, the side opening 3121 is located within the central part of the outer housing 10.
Applicant indicates the following with respect to claim 1 (response at page 8, first paragraph): Moreover, the smoke hole 3121 is not opposite to a central part of the heating member 332 in the horizontal direction. Also, see the response at page 9, first paragraph.
In response, Qiu is considered to meet this claim limitation. Specifically, see Figure 5 of Qiu annotated below.
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The box represents a central part of the heater member 332. The side opening 3121 is located on an opposite side of this box relative to the other side of the box. Thus, the side opening 3121 is located opposite to the central part of the heater member 332 in the horizontal direction.
Applicant indicates (with respect to claim 1) that Qiu does not teach a blocking part disposed between the heater and a through hole of the vapor output channel, where airflow/aerosol from the vaporization chamber reaches the vapor output channel through a side opening in the blocking part (response at page 8, second paragraph).
In response, Qiu teaches a blocking part (comprising at least items 3122 and the side opening 3121) located between the heater 332 and the through hole (p11 L1-21; Fig3 Fig5). Qiu teaches the blocking part being provided with the side opening 3121 (p11 L1-21). At least a part of the vaporization chamber 213 is in airflow communication with the vapor output channel 121 through the side opening 3121 (p11 L1-21) and the side opening 3121 is opposite to at least a part of the heater 332 in the longitudinal direction (Fig3; portion of Fig5).
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Applicant indicates that 3121 of Qiu is not a side opening (response at page 9, first paragraph).
In response, Figure 3 of Qiu illustrates that 3121 is a side opening of the blocking part. See a portion of Figure 3 annotated below. The blocking part comprising at least items 3122 and the side opening 3121 (p11 L1-21; Fig3 Fig5).
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Figures 6 and 7 of the instant application have been reproduced onto page 9 of Applicant’s response. These figures have been noted.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDA GRAY whose telephone number is (571) 272-5778. The examiner can normally be reached Monday - Friday, 9 AM to 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phil Tucker can be reached at (571) 272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINDA L GRAY/Primary Examiner, Art Unit 1745