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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9, 12 and 13-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 requires a “second capillary groove”. However, none of claims 8, 7, 6 or 1 recite a first capillary groove. Thus, it is unclear if there is necessarily another capillary groove not being claimed in the invention.
Claim 12 requires a “third capillary groove”. However, neither of claims 10 or 1 recite a first and second capillary groove. Thus, it is unclear if there are necessarily two more capillary grooves not being claimed in the invention.
Claim 13 requires a “second protruding edge”. However, a first protruding edge was not recited in claim 13. Thus, it is unclear if there is necessarily a first protruding edge in claim 13.
Claims 14-19 are rejected for depending from claim 13.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-4, 6, 10, 11 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CHEN (US 2014/0109921).
With respect to claim 1, CHEN discloses an electronic cigarette that includes a cartridge and atomizer assembly (Abstract) comprising an outer housing, 220, (Paragraph [0045]) and 310 (Paragraphs [0046] and [0047]), wherein the outer housing is internally provided with a liquid storage cavity, 240, (Figure 1; Paragraph [0045]) configured to store a liquid substrate; a liquid absorbing element, 322, (Paragraph [0050]) constructed to be in fluid communication with the liquid storage cavity to absorb the liquid substrate (Paragraphs [0052], [0053]); a first support element, 340, located between the liquid absorbing element and the liquid storage cavity, and configured to hold the liquid absorbing element between itself and a second support element, 330, thereby supporting the liquid absorbing element (Paragraphs [0046]-[0049], [0051]-[0053]) and define a vaporization chamber surrounding the liquid absorbing element (area including 250 and 332) (Paragraphs [0048] and [0051]); a heating element combined with the liquid absorbing element (Paragraphs [0050], [0051]; Figure 1) and configured to heat a part of the liquid storage substrate to generate and release aerosol from the vaporization chamber through through-hole, 342 (Paragraph [0051]). The through hole, 342, along with shell, 210 (Paragraphs [0045] and [0057]) and air outlet, 110, (Paragraphs [0044] and [0052]) define an aerosol output channel formed in and on the first support element. The first support element is provided with a first protruding edge extending into the vaporization chamber (See annotated figure 1, below) that extends into the vaporization chamber and is constructed to prevent the liquid substrate from flow into the output channel (Paragraphs [0046], [0048]) from between the first support element and the liquid absorbing member (Paragraphs [0011], [0012], [0018], [0048]).
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With respect to claim 2¸ CHEN shows that the first protruding edge is constructed to surround the output channel 342, (Figures 1, 4 and 5).
With respect to claim 3, CHEN discloses that the support element is provided with a holding portion (See annotated figure 1, above) that extends toward the liquid absorbing element, 322, and holds the liquid absorbing element (Paragraphs [0011], [0012], [0018], [0048]).
With respect to claim 4¸CHEN discloses a groove space, 344, formed between the first protruding edge and the holding portion to collect liquid (Paragraph [0048]) to collect the liquid that flows to the gap (Paragraphs [0011], [0012], [0018], [0048]).
With respect to claim 6¸CHEN discloses that the aerosol output channel comprises a through hole, 342, through extending in the first support element, 340, in a vertical direction of the outer housing; the aerosol output channel further comprise an air pipe, 210, extending in the vertical direction. The through hole and air pipe are coaxially arranged and kept spaced (Figure 1; Paragraphs [0045], [0057], [0044], [0045] and [0052])
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With respect to claim 10, CHEN discloses a second support element, 330, in the housing (Paragraphs [0046], [0048]-[0051]), located on a side of the liquid absorbing element away from the support element, 340, in a vertical direction (Figures 1 and 2) and supporting the liquid absorbing element to define, with the first supporting element, the vaporization chamber (Paragraphs [0011], [0012], [0018], [0048]).
With respect to claim 11¸CHEN discloses that the first supporting element is flexible (Paragraph [0022], [0048]) and the second supporting element is rigid (Paragraph [0029], [0051]).
With respect to claim 21¸ CHEN discloses an electronic vaporization device (abstract) comprising the vaporizer configured to vaporize a liquid substrate to generate an aerosol (Abstract), and a power supply component for supplying power to the vaporizer (Paragraphs [0007], [0051] and [0054]). The vaporizer comprises the vaporizer of claim 1 (See rejection of claim 1).
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.
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Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN (US 2014/0109921) in view of BLESS et al. (US 2015/0216236).
With respect to claims 7 and 8, CHEN does not explicitly disclose the claimed second protruding edge to prevent aerosol condensate from flowing through the through hole.
BLESS et al. discloses an aerosol delivery device (Abstract). During operation condensation is formed in the outlet channel, 258 of the device (Paragraph [0119]; Figure 16). To prevent this condensation from leaking out of the end of the outlet channel, a second protruding edge, 260, is provided at the bottom thereof (Figure 20; Paragraphs [0119] and [0120]) to define an annular channel (e.g., a holding space surrounding the second protruding edge, as required by claim 8) configured to trap any condensed liquid (Paragraph [0119]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide a second protruding edge on the first support element of CHEN, whereby the second protruding edge extends in a towards the mouthpiece end of the output channel, as taught by BLESS et al., so that a reservoir is formed that can trap condensed aerosol from exiting the end of the outlet channel near the vaporizer of CHEN.
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Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN (US 2014/0109921) in view of BLESS et al. (US 2015/0216236) as applied to claims 7 and 8 above, and further in view of ATKINS et al. (US 2020/0128874).
With respect to claim 9, modified CHEN does not explicitly disclose a capillary groove in fluid communication with the holding space is provided on an outer wall of the first support element, to absorb, by capillary action the condensate collected in the holding space.
ATKINS et al. discloses a vaporizer device (Abstract; Title). The condensate is collected from the holding space by a capillary groove in fluid communication with the holding space and the wick (Paragraphs [0044], [0046]-[0050]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide a capillary groove in fluid communication between the condensate holding space of CHEN (e.g., on the outer surface adjacent of the first supporting element) to the holding space and the wick, as taught by ATKINS et al. so that the condensate can be collected and re-vaporized to prevent buildup of liquid in the holding space.
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Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN (US 2014/0109921) in view of ALARCON et al. (US 2016/0073692) and ATKINS et al. (US 2020/0128874).
With respect to claim 12, CHEN does not explicitly disclose the claimed capillary groove. ALARCON et al. disclose a vaporizer (Abstract). Condensate can form and collect in the vaporization chamber in the lower holder (e.g., item 330 of CHEN; Paragraphs [0046], [0048]-[0051]) (Paragraph [0147]; Figure 12). ATKINS et al. discloses a vaporizer device (Abstract; Title). The condensate is collected from the holding space by a capillary groove in fluid communication with the holding space and the wick (Paragraphs [0044], [0046]-[0050]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide a capillary groove in fluid communication between the condensate holding space of CHEN (e.g., in item 330 of CHEN, as taught by ALARCON et al.) to the holding space and the wick, as taught by ATKINS et al. so that the condensate can be collected and re-vaporized to prevent buildup of liquid in the holding space.
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Claim(s) 13-16 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN (US 2014/0109921) in view of BLESS et al. (US 2015/0216236).
With respect to claims 13 and 16¸ CHEN discloses an electronic cigarette that includes a cartridge and atomizer assembly (Abstract) comprising an outer housing, 220, (Paragraph [0045]) and 310 (Paragraphs [0046] and [0047]), wherein the outer housing is internally provided with a liquid storage cavity, 240, (Figure 1; Paragraph [0045]) configured to store a liquid substrate; a liquid absorbing element, 322, (Paragraph [0050]) constructed to be in fluid communication with the liquid storage cavity to absorb the liquid substrate (Paragraphs [0052], [0053]); a first support element, 340, located between the liquid absorbing element and the liquid storage cavity, and configured to hold the liquid absorbing element between itself and a second support element, 330, thereby supporting the liquid absorbing element (Paragraphs [0046]-[0049], [0051]-[0053]) and define a vaporization chamber surrounding the liquid absorbing element (area including 250 and 332) (Paragraphs [0048] and [0051]); a heating element combined with the liquid absorbing element (Paragraphs [0050], [0051]; Figure 1) and configured to heat a part of the liquid storage substrate to generate and release aerosol from the vaporization chamber through through-hole, 342 (Paragraph [0051]). The through hole, 342, along with shell, 210 (Paragraphs [0045] and [0057]) and air outlet, 110, (Paragraphs [0044] and [0052]) define an aerosol output channel formed in and on the first support element. The holes extend in the vertical direction of the outer housing opposite the heating element (Figure 1). The first support element is provided with a first protruding edge extending into the vaporization chamber (See annotated figure 1, below) that extends into the vaporization chamber and is constructed to prevent the liquid substrate from flow into the output channel (Paragraphs [0046], [0048]) from between the first support element and the liquid absorbing member (Paragraphs [0011], [0012], [0018], [0048]).
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CHEN does not explicitly disclose the claimed second protruding edge to prevent aerosol condensate from flowing through the through hole.
BLESS et al. discloses an aerosol delivery device (Abstract). During operation condensation is formed in the outlet channel, 258 of the device (Paragraph [0119]; Figure 16). To prevent this condensation from leaking out of the end of the outlet channel, a second protruding edge, 260, is provided at the bottom thereof (Figure 20; Paragraphs [0119] and [0120]) to define an annular channel (e.g., a holding space surrounding the second protruding edge, as required by claim 16) configured to trap any condensed liquid (Paragraph [0119]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide a second protruding edge on the first support element of CHEN, whereby the second protruding edge extends in a towards the mouthpiece end of the output channel, as taught by BLESS et al., so that a reservoir is formed that can trap condensed aerosol from exiting the end of the outlet channel near the vaporizer of CHEN.
With respect to claim 14¸ CHEN discloses that the output channel comprises an air pipe, 210 (Paragraph [0045]; Figure 1) extending in the vertical direction of the outer housing and the through hole and air pipe are kept spaced (Figure 1; Paragraphs [0045], [0057], [0044], [0045] and [0052])
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With respect to claim 15¸ BLESS et al. shows that the second protruding edge surrounds the through hole (Figure 19 and 20).
With respect to claim 19¸ CHEN discloses a second support element, 330, in the housing (Paragraphs [0046], [0048]-[0051]), located on a side of the liquid absorbing element away from the support element, 340, in a vertical direction (Figures 1 and 2) and supporting the liquid absorbing element to define, with the first supporting element, the vaporization chamber (Paragraphs [0011], [0012], [0018], [0048]).
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Claim(s) 17 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN (US 2014/0109921) in view of BLESS et al. (US 2015/0216236) as applied to claims 13-16 and 19 above, and further in view of ATKINS et al. (US 2020/0128874).
With respect to claim 17¸ modified CHEN does not explicitly disclose a capillary groove in fluid communication with the holding space is provided on an outer wall of the first support element, to absorb, by capillary action the condensate collected in the holding space.
ATKINS et al. discloses a vaporizer device (Abstract; Title). The condensate is collected from the holding space by a capillary groove in fluid communication with the holding space and the wick (Paragraphs [0044], [0046]-[0050]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide a capillary groove in fluid communication between the condensate holding space of modified CHEN (e.g., on the outer surface adjacent of the first supporting element) to the holding space and the wick, as taught by ATKINS et al. so that the condensate can be collected and re-vaporized to prevent buildup of liquid in the holding space.
With respect to claim 18¸ BLESS et al. shows a window on the outer wall that is open to the air channel, 264, (Paragraph [0122], figure 20, annotated below).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX B EFTA whose telephone number is (313)446-6548. The examiner can normally be reached 8AM-5PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip 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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/ALEX B EFTA/Primary Examiner, Art Unit 1745