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 .
Response to Amendment
Amendment filed 6/4/2026 has been entered and fully considered. Claims 1-19 and 21 are pending. Claim 20 is cancelled. Claims 1, 5-9, 12, 13 and 15-18 are amended. No new matter is added.
Response to Arguments
Applicant's arguments filed 6/4/2026 have been fully considered but they are not persuasive.
Applicant argues that the claims have been amended to includes a second protruding edge. In Chen, the support element 340 has a flat upper profile. Examiner relied on Bless to disclose the second protruding edge. However, in Figure 16 or Bless, the pressure port extends from the pressure port opening, 262, toward the vaporization chamber. The port itself is disposed at the upstream input side of the vaporization chamber.
While in Bless the protrusion extends from the pressure port opening, Bless explicitly discloses that the that the port extends into the channel, 258, at the end of the channel (Paragraphs [0119], [0120]; Figure 16). The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Thus, the vaporizer of Bless, and its relative positioning into the device of Chen does not need to be bodily incorporated. As seen in figure 1 of Chen, the port opening, 342 is provided on the downstream side of the vaporization chamber, 250. Thus, one of ordinary skill in the art is taught by Bless to place the structure, 260, at this end of the airflow channel, 230, of Chen. By doing so, any condensate is prevented from leaking beyond the end of said airflow channel.
Claim Rejections - 35 USC § 103
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) 1-4, 6-8, 10, 11 and 21 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 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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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 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.
While in Bless the protrusion extends from the pressure port opening, Bless explicitly discloses that the that the port extends into the channel, 258, at the end of the channel (Paragraphs [0119], [0120]; Figure 16).
The courts have generally held that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Thus, the vaporizer of Bless, and its relative positioning into the device of Chen does not need to be bodily incorporated. As seen in figure 1 of Chen, the port opening, 342 is provided on the downstream side of the vaporization chamber, 250. Thus, one of ordinary skill in the art is taught by Bless to place the structure, 260, at this end of the airflow channel, 230, of Chen. By doing so, any condensate is prevented from leaking beyond the end of said airflow channel.
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 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]), and is recessed with respect to the air pipe (Figure 16). 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 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).
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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 1-4, 6-8, 10, 11 and 21 above, and further in view of ATKINS et al. (US 2020/0128874).
With respect to claims 5 and 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]). As seen in figure 11A of ATKINS et al., the capillary grooves include a horizontal direction (Paragraph [0282]). 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 BLESS et al. (US 2015/0216236) as applied to claims 1-4, 6-8, 10, 11 and 21 and further 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]), and is recessed with respect to the air pipe (Figure 16). 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.
While in Bless the protrusion extends from the pressure port opening, Bless explicitly discloses that the that the port extends into the channel, 258, at the end of the channel (Paragraphs [0119], [0120]; Figure 16).
The courts have generally held that the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
Thus, the vaporizer of Bless, and its relative positioning into the device of Chen does not need to be bodily incorporated. As seen in figure 1 of Chen, the port opening, 342 is provided on the downstream side of the vaporization chamber, 250. Thus, one of ordinary skill in the art is taught by Bless to place the structure, 260, at this end of the airflow channel, 230, of Chen. By doing so, any condensate is prevented from leaking beyond the end of said airflow channel.
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
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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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/ALEX B EFTA/Primary Examiner, Art Unit 1745
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