DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Election/Restriction
Applicant’s election without traverse of invention III, claims 13-20, in the reply filed on 2/3/2026 is acknowledged. Applicant canceled claims 1-12, corresponding to inventions I and II, in the amendment filed on 2/3/2026.
Status of the Claims
Claims 13-20 are pending.
Claim Objections
Claim 14 is objected to because of the following informalities: "first air gaps . . . and second air gaps" should be "wherein the air gaps comprise: first air gaps . . . and second air gaps". Appropriate correction is required.
Claim 20 is objected to because of the following informalities: “the sealing member further comprises: a first sealing ring, formed at the accommodation end; and” should be “wherein the sealing ring is a first sealing ring, formed at the accommodation end; and the sealing member further comprises:”. Appropriate correction is required.
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 13-20 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.
Regarding claim 13, it is unclear whether the limitation “the balance air grooves” in line 28 refers to the same component or a different component than the limitation “balance air gaps” in line 24. For the purpose of this Office Action, “the balance air grooves” in line 28 of claim 13 is interpreted as “the balance air gaps”.
Regarding claim 14, it is unclear whether the limitation “the balance gas grooves” in line 1 of claim 14 refers to the same component or a different component than the limitation “balance air gaps” in line 24 of claim 13, from which claim 14 depends. Similarly, it is unclear whether the limitation “the balance gas grooves” in line 1 of claim 14 refers to the same component or a different component than the limitation “the balance air grooves” in line 28 of claim 13, from which claim 14 depends. For the purpose of this Office Action, “the balance gas grooves” in line 1 of claim 14 is interpreted as “the balance air gaps”.
Claim 15 recites the limitation "the e-liquid" in lines 2 and 4. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 17, it is unclear whether the limitation “the first air grooves” in line 1 of claim 17 refers to the same component or a different component than the limitation “first gas grooves” in line 3 of claim 14, from which claim 17 depends. For the purpose of this Office Action, “the first air grooves” in line 1 of claim 17 is interpreted as “the first gas grooves”.
Claims 14-20 are indefinite due to their dependence from claim 13. Claims 15-17 are further indefinite due to their dependence from claim 14. Claims 16-17 are further indefinite due to their dependence from claim 15.
Claim Rejections - 35 USC § 102
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.
Claims 13-15 and 18-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (US 2020/0085108 A1).
Regarding claim 13, Li discloses a cartridge (“atomizer”, Fig. 2, ¶ 0027), comprising:
a cartridge tube (“shell 11”, Fig. 2, ¶ 0028) provided with a flue (“smoke outlet 112”, Fig. 2, ¶ 0028) and a liquid storage chamber (“liquid cavity 111”, Fig. 2, ¶ 0028);
a closure body (combination of “second sealing member 17”, “lid 13”, and “first sealing member 15”, Fig. 2, ¶ 0030, 0040), installed in the cartridge tube and closing the liquid storage chamber (Fig. 2);
an atomizing core (“heating assembly 12”, Fig. 2, ¶ 0029), installed in the closure body (Fig. 2); and
a base (“base 14”, Fig. 2, ¶ 0029), fixed with the cartridge tube (Fig. 2);
wherein the closure body comprises:
a closure member (combination of “guiding portion 131”, comprising “liquid inlet 131a” and “air outlet 131b”, and “first sealing member 15”, Fig. 4, ¶ 0030, 0040); and
a sealing member (combination of “housing portion 132”, comprising “chamber 1321”, and “second sealing member 17”, Fig. 4, ¶ 0039-0040), formed or sleeved on the closure member (Fig. 2);
wherein the closure member comprises:
a closure end (see Fig. 3 below, annotated by examiner);
an accommodation end (see Fig. 3 below, annotated by examiner), extending downward from the closure end (see Fig. 3 below, annotated by examiner);
an e-liquid passage (“liquid inlet 131a”, Fig. 2, ¶ 0029), running through the closure end and extending to the accommodation end (see Fig. 3 below, annotated by examiner); and
an air passage (“air outlet 131b”, Fig. 2, ¶ 0040), disposed separately from the e-liquid passage (Fig. 2);
the sealing member comprises:
an atomizing core installation cavity (“chamber 1321”, Fig. 3, ¶ 0039), formed in the accommodation end (see Fig. 3 below, annotated by examiner); and
a sealing ring (“second sealing member 17”, Fig. 2, ¶ 0040), formed at peripheries of the closure end and the accommodation end (see Fig. 3 below, annotated by examiner);
wherein the atomizing core is placed in the atomizing core installation cavity for fixation (Fig. 2);
the atomizing core comprises:
a seepage surface (“top face 121a” of “liquid guiding member 121” with “liquid guiding groove 1211”, Fig. 4, ¶ 0034-0035), in communication with the liquid storage chamber through the e-liquid passage (Fig. 2, ¶ 0035); and
an atomizing surface (“bottom face 121b”, Fig. 4, ¶ 0034);
wherein an atomizing chamber is disposed below the atomizing surface (“receiving space 140”, Fig. 4, ¶ 0042, unlabeled in Fig. 2 but located below “heating member 122” in Fig. 2); and
wherein balance air gaps (“second air guiding recesses 1521”, Fig. 7, ¶ 0057, which are part of “air guiding channel 16”, Fig. 3, ¶ 0057) are defined on transverse outer sides of the closure member (as a portion of the sides of the structures of “first sealing member 15” that define the balance air gaps, “second air guiding recesses 1521”, in Fig. 7 are located toward the exterior of the closure member (i.e., away from the center), they are considered transverse outer sides of the closure member, and as a portion of the “second air guiding recesses 1521” directly contact these transverse outer sides of the closure member, the “second air guiding recesses 1521” are defined on transverse outer sides of the closure member, see Fig. 7 below, annotated by examiner), air gaps (air gaps in “second sealing member 17”, see Fig. 3 below, annotated by examiner, through which air travels from “liquid inlet 131a” to “liquid cavity 111”, Fig. 2, ¶ 0030) that are in communication with the balance air gaps in an up-down direction (the air gaps are in communication with the balance air gaps which are part of “air guiding channel 16”, see Fig. 3 below, annotated by examiner) are respectively defined on transverse outer sides of the sealing ring (sides of the sealing ring ,“second sealing member 17”, located toward the exterior of the sealing ring (i.e., away from the center) are considered transverse outer sides of the sealing ring, see Fig. 3 below, annotated by examiner), and the liquid storage chamber is in communication with the atomizing chamber or the air passage through the air gaps and the balance air gaps (¶ 0030, 0057).
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Figure 3, Annotated by Examiner
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Figure 7, Annotated by Examiner
Regarding claim 14, Li discloses the cartridge according to claim 13, as stated above. Li further discloses wherein the balance air gaps comprise:
a plurality of intercommunicated first gas grooves arranged in a vertical direction (see Fig. 7 below, annotated by examiner; as the intercommunicated first gas grooves are vertically oriented, they are considered as arranged in a vertical direction); and
a pair of second gas grooves (see Fig. 7 below, annotated by examiner) and a pair of third gas grooves (see Fig. 7 below, annotated by examiner) that are respectively in communication with the first gas grooves on upper and lower sides (see Fig. 7 below, annotated by examiner);
wherein the air gaps comprise: first air gaps (see Fig. 3 below, annotated by examiner) in communication with the second gas grooves (the first air gaps are in communication with the second gas grooves which are a part of “air guiding channel 16”, see Fig. 3 below, annotated by examiner) that are respectively defined on two transverse sides of an upper end of the sealing ring (see Fig. 3 below, annotated by examiner), and second air gaps (see Fig. 3 below, annotated by examiner) in communication with the third gas grooves (the second air gaps are in communication with the third gas grooves which are a part of “air guiding channel 16”, see Fig. 3 below, annotated by examiner) that are respectively defined on two transverse sides of a lower end of the sealing member (see Fig. 3 below, annotated by examiner);
wherein the first air gaps are in communication with the liquid storage chamber (see Fig. 2), and the second air gaps are in communication with the air passage or the atomizing chamber (see Fig. 2).
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Figure 7, Annotated by Examiner
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Figure 3, Annotated by Examiner
Regarding claim 15, Li discloses the cartridge according to claim 14, as stated above. With regards to “wherein depths and widths of the first air gaps and the second air gaps vary with a viscosity of the e-liquid, the depths and the widths are adaptively adjusted for smooth airflow, so as to maintain an air pressure balance in the liquid storage chamber, with no leakage of the e-liquid from the first air gaps and the second air gaps”, this refers to the specific determination of said depths and widths during the manufacturing process based on the viscosity of an intended e-liquid to be used (i.e., the depths and widths may be different if the e-liquid intended to be used is particularly high or low in viscosity). However, “[t]he patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process” (MPEP § 2113(I)). As the first air gaps of Li are unobstructed in the fluid transfer direction and the first and second air gaps are bounded by the material of the sealing member on their sides, the first air gaps of Li are considered as having smooth airflow so as to maintain an air pressure balance in the liquid storage chamber, with no leakage of the e-liquid from the first air gaps and the second air gaps of Li (see Fig. 2, ¶ 0032).
Regarding claim 18, Li discloses the cartridge according to claim 13, as stated above. Li further discloses wherein the seepage surface of the atomizing core is recessed downward to form an e-liquid slot (see Fig. 3 below, annotated by examiner), a heating wire (“heating member 122”, Figs. 2-4, ¶ 0034) is disposed on the atomizing surface, the atomizing core is made of a porous ceramic material (“porous ceramic”, ¶ 0034), the atomizing core is formed with a plurality of capillary hole structures (“pores”, ¶ 0034) from the seepage surface to the atomizing surface after the atomizing core is fired (¶ 0034), a part of the e-liquid slot protrudes upward to form a protruding column (see Fig. 3 below, annotated by examiner), and an inclined surface is disposed on a peripheral wall of the protruding column facing the e-liquid slot (see Fig. 3 below, annotated by examiner).
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Figure 3, Annotated by Examiner
Regarding claim 19, Li discloses the cartridge according to claim 18, as stated above. Li further discloses wherein an e-liquid slot wall (see Fig. 3 below, annotated by examiner) is disposed around a periphery of the e-liquid slot (see Fig. 3 below, annotated by examiner), a first inclined surface (see Fig. 3 below, annotated by examiner) is formed on a side surface of the e-liquid slot wall facing the e-liquid slot (see Fig. 3 below, annotated by examiner), the inclined surface disposed on the peripheral wall of the protruding column facing the e-liquid slot is a second inclined surface (see Fig. 3 below, annotated by examiner), a top surface of the protruding column is higher than a top surface of the e-liquid slot wall (see Fig. 3 below, annotated by examiner), an inclination of the second inclined surface is greater than an inclination of the first inclined surface (see Fig. 3 below, annotated by examiner), the e-liquid slot is communicated around a periphery of the second inclined surface of the protruding column (see Fig. 3 below, annotated by examiner), and a width of two longitudinal sides of the e-liquid slot is less than a width of two transverse sides of the e-liquid slot (see Fig. 4).
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Figure 3, Annotated by Examiner
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 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2020/0085108 A1) as applied to claim 15 above.
Regarding claim 16, Li discloses the cartridges according to claim 15, as stated above.
Li does not explicitly disclose the depths and widths of the first air gaps and the second air gaps. However, Li teaches that the first air gaps and the second air gaps facilitate airflow through the device into the liquid storage chamber to facilitate the flow of e-liquid to the atomizing core (¶ 0030, 0032). The efficacy of the first air gaps and the second air gaps for this result depends on their depths and widths. If the depths and widths are too small, then the flow of air and e-liquid will be obstructed. If the depths and widths are too large, then there will not be enough room in the device to fit all of the components needed for proper functioning. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to optimize the depths and widths of the first air gaps and the second air gaps such that they fall within the claimed ranges. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." (In re Aller, 105 USPQ 233 (C.C.P.A. 1955); MPEP § 2144.05(II)(A)).
With regards to “the depths and the widths of the first air gaps and the second air gaps are smaller after the closure body is inserted into the cartridge tube”, this refers to how the product is made. However, “[t]he patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process” (MPEP § 2113(I)). As the depths and widths of the first air gaps and second air gaps of Li are capable of being smaller after the closure body is inserted into the cartridge tube (for example, heating the components prior to inserting the closure body into the cartridge tube will expand materials in which the first and second air gaps are made via thermal expansion, and therefore, the depths and widths of the first and second air gaps will also be larger in this heated state), the first air gaps and second air gaps of Li satisfy this limitation.
Regarding claim 17, Li teaches the cartridge according to claim 16, as stated above. Li further discloses wherein the first gas grooves comprise:
a plurality of strip grooves (see Fig. 7 below, annotated by examiner), extending along a transverse outer side surface of the closure member (see Fig. 7 below, annotated by examiner); and
vertical grooves (see Fig. 7 below, annotated by examiner) that each communicates two adjacent strip grooves at a transverse end (see Fig. 7 below, annotated by examiner);
wherein the vertical grooves are disposed in a staggered manner in a longitudinal direction (see Fig. 7 below, annotated by examiner), so that two adjacent vertical grooves are respectively located at two ends in the longitudinal direction (see Fig. 7 below, annotated by examiner).
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Figure 7, Annotated by Examiner
Allowable Subject Matter
Claim 20 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, as well as to correct the objection to claim 20 noted above and address the 35 U.S.C. 112(b) rejection of claim 13, from which claim 20 depends.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 20 further limits the cartridge according to claim 13 by requiring the cartridge to include a notch defined in a middle of the accommodation end of the closure member;
a conductive column connected to a power supply is disposed on the base, the conductive column abuts against a lower surface of the atomizing core to provide support for the atomizing core, an upper portion of the base abuts against a lower portion of the accommodation end, and the base is fixed with the cartridge tube;
the cartridge tube comprises a tube body, wherein first snap-fit portions are disposed on two transverse sides of a bottom of the tube body;
second snap-fit portions that are in snap-fit with the first snap-fit portions are disposed on two transverse sides of the base;
the air passage comprises:
a connection air passage, running through a top of the closure end;
a longitudinal air passage, running through the closure end and in communication with the connection air passage; and
an outer-side air passage, extending from an outer edge of the longitudinal air passage to the accommodation end;
the sealing member further comprises a third sealing portion formed at the closure end;
wherein the third sealing portion comprises:
a second sealing ring, formed at a periphery of the closure end; and
a third sealing ring, formed on an inner side of the connection air passage;
wherein the second sealing ring is clamped between an inner wall surface of the tube body and an outer side surface of the closure end, and the third sealing ring is clamped between an inner wall surface of the connection air passage and an outer side surface of a free end of the flue;
wherein the sealing ring is a first sealing ring, formed at the accommodation end; and
the sealing member further comprises:
a second sealing portion, integrally formed with the first sealing ring and the second sealing ring and extending along an outer side surface of the closure member;
wherein a cavity wall on a longitudinal side of the atomizing core installation cavity corresponding to a lower part of the outer-side air passage is recessed to form a recessed channel;
a through-hole is defined by running through a top of the recessed channel, the atomizing chamber is in communication with the through-hole;
the through-hole, the recessed channel, the outer-side air passage, the longitudinal air passage and the connection air passage constitute the air passage; and
the second sealing portion independently seals the through-hole, the recessed channel, the outer-side air passage and the longitudinal air passage of the air passage, to prevent the air passage from being polluted when there is leakage of the e-liquid from the third sealing ring.
Li, the closest prior art of record, discloses the cartridge according to claim 13 (see rejection of claim 13 above) but does not disclose that the sealing member further comprises a third sealing portion formed at the closure end; wherein the third sealing portion comprises:
a second sealing ring, formed at a periphery of the closure end; and
a third sealing ring, formed on an inner side of the connection air passage;
wherein the second sealing ring is clamped between an inner wall surface of the tube body and an outer side surface of the closure end, and the third sealing ring is clamped between an inner wall surface of the connection air passage and an outer side surface of a free end of the flue; and the sealing member further comprises:
a second sealing portion, integrally formed with the first sealing ring and the second sealing ring and extending along an outer side surface of the closure member;
wherein a cavity wall on a longitudinal side of the atomizing core installation cavity corresponding to a lower part of the outer-side air passage is recessed to form a recessed channel;
a through-hole is defined by running through a top of the recessed channel, the atomizing chamber is in communication with the through-hole;
the through-hole, the recessed channel, the outer-side air passage, the longitudinal air passage and the connection air passage constitute the air passage; and
the second sealing portion independently seals the through-hole, the recessed channel, the outer-side air passage and the longitudinal air passage of the air passage, to prevent the air passage from being polluted when there is leakage of the e-liquid from the third sealing ring.
Further, it would not have been obvious to one having ordinary skill in the art at the time the Application was filed to change the internal configuration of the components of Li to have these features.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY G CULBERT whose telephone number is (571)270-0874. The examiner can normally be reached Monday-Friday 9am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at (571)270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COURTNEY G CULBERT/Examiner, Art Unit 1747
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