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 1-7 and 9-24 are pending and are subject to this office action. Claims 1, 9, 19, 20, and 24 have been amended.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/17/2025 has been entered.
Response to Amendment
The Examiner acknowledges the Applicant’s response filed on 11/24/2025 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, see pg. 7-19, filed 11/24/2025, with respect to the rejections of independent claims 1, 19, 20, and 24 have been considered but are moot because the new grounds of rejection do not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the arguments.
The prior art rejections presented below are maintained and modified where necessitated by Applicant’s amendment.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites the limitation, “the air inlet protruding stage is provided with a plurality of air inlet holes extending from the upper surface away from the liquid storage cavity.” Claim 1 recites an upper end surface of the main body portion and an upper surface of the protrusion. For clarity, claim 1 should read, “extending from the upper surface of the protrusion away from the liquid storage cavity.”
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 1-7, and 9-18 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 1 recites the limation, “the upward extension of the first portion of the upper end surface of the main body portion” in lines 15-16 There is insufficient antecedent basis for this limitation in the claim because it is the first mention of a first portion of the upper end surface of the main body portion. Claim 1 recites a portion of an upper end surface of the main body portion in lines 5-6. Therefore, for the purposes of examination, “the first portion of the upper end surface of the main body portion” will be interpreted as the same portion of the upper end surface as recited in claim 1 lines 5-6.
Claims 2-7, and 9-18 are rejected by virtue of their dependence on claim 1.
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.
Claim 19 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang (WO 2020232676 A1, hereinafter referring to the English Machine translation provided).
The following rejection is made in reference to the below annotated Figures.
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Regarding claim 19, Zhang discloses an electronic atomizing device (“electronic vaporizing device”) comprising an atomizer (100, “a vaporizer”, Fig. 1, Fig. 16, [0060, 0063]), the atomizer (100, “a vaporizer”), comprising:
A cartridge shell body (21, “a liquid storage housing”) having a liquid storage cavity (211) formed therein (Fig. 2, [0071]),
A base (10) arranged at one end of the cartridge shell body (21, “liquid storage housing”, Fig. 2, Fig. 4, [0065]), wherein the base (10) comprises:
A main body portion (Fig. 6),
An air inlet protruding stage extending upward from an upper end surface of the main body portion (upward extension surrounding air inlet 14) and having an upper surface facing the liquid storage cavity (211, Fig. 2, Fig. 6, [0070]),
Wherein the air inlet protruding stage is provided with a plurality of air inlet holes (18) extending from the upper surface of the air inlet protruding stage and extending away from the liquid storage cavity (211, Fig. 2, [0070]), and;
A cylindrical sidewall (limiting boss 12) extending upward from an outer periphery of the main body portion (Fig. 6, [0067, 0090]).
A liquid film (“a condensate film boundary”) can form in each air inlet (18) preventing the liquid from leaking out, and at least one air inlet (18) is provided on the periphery of the upper surface of the air inlet protruding stage (Fig. 2, Fig. 6, [0070]).
In regards to the limitation requiring the upper end surface of the main body, the air inlet protruding stage, and an inner wall surface of the cylindrical side wall forming a liquid storage space configured to store condensate, Zhang discloses the base can store leaked liquid (Fig. 2, [0070]). Further, the upper end surface of the main body portion, air inlet protruding stage, and the cylindrical sidewall (12) form a recessed space/liquid storage space in the bottom of the base (10) that would allow be capable of storing condensate (Fig. 2 Fig. 6).
In regards to the limitation requiring, a condensate film boundary formed at the one or more air inlet holes at the periphery of the upper surface of the air inlet protruding stage being in communication with the condensate in the liquid storage space, the one or more air inlet holes at the periphery are provided in the same space as to the recessed space/liquid storage space in the bottom of the base (10) and therefore the condensate film boundary and liquid storage space are in communication.
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.
Claims 1-3, 9-13, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (WO 2020232676 A1, hereinafter referring to the English Machine translation provided) in view of Qiu (US 20190335813 A1).
The following rejection is made in reference to the below annotated Figures.
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Regarding claim 1, Zhang discloses an atomizer (100, “a vaporizer”, Fig. 1, [0063]), comprising:
A cartridge shell body (21, “a liquid storage housing”) having a liquid storage cavity (211) formed therein (Fig. 2, [0071]),
A base (10) arranged at one end of the cartridge shell body (21, “liquid storage housing”, Fig. 2, Fig. 4, [0065]), wherein the base (10) comprises:
A main body portion (Fig. 6),
An air inlet protruding stage comprising an upward extension of a portion of an upper end surface of the main body portion (upward extension surrounding air inlet 14, Fig. 2, Fig. 6, [0070]),
Wherein the air inlet protruding stage is provided with a plurality of air inlet holes (18) extending from the upper surface of the air inlet prodding stage and extending away from the liquid storage cavity (211, Fig. 2, [0070]),
Two supporting arms (13a, 13b) extending from the upper end surface of the main body portion and being at intervals (i.e. spaced from) with respect to the upward extension ([0069]), and;
A cylindrical sidewall (limiting boss 12) extending upward from an outer periphery of the main body portion and surrounding the two supporting arms (13a, 13b, Fig. 6, [0067, 0090])
In regards to the limitation requiring the upper end surface of the main body, the upward extension, and an inner wall surface of the cylindrical side wall forming a liquid storage space configured to store condensate, Zhang discloses the base can store leaked liquid (Fig. 2, [0070]). Further, the upper end surface of the main body portion, air inlet protruding stage, and the cylindrical sidewall (12) form a recessed space/liquid storage space in the bottom of the base (11) that would allow be capable of storing condensate (Fig. 2 Fig. 6).
Zhang does not explicitly disclose the upward extension of the air inlet protruding stage comprises a protrusion above the upward extension.
However, Qiu, directed to an electronic cigarette (100, Fig. 1, [0038]), discloses:
An atomizer (100) comprising a base seat (131) comprising a convex body (1313) having a plurality of ventilation holes (1314, Fig. 3. Fig. 4, [0049-0051]), and;
The convex body (1312) forms a convex curved surface (1313, “a spherical surface”) which provides a guiding function for facilitating liquid to flow into a liquid storage groove (1311) at the bottom of the base seat (131, Fig. 3, Fig. 4, [0051]),
The upper surface of the convex curved surface (1313, “a spherical surface”) faces the liquid storage chamber (1111, Fig. 3, [0040]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang by providing a spherical surface upper surface on the air inlet protruding stage as taught by Qiu because both Zhang and Qiu are directed to aerosol generating devices, Qiu teaches the convex curved surface provides a guiding function to facilitate the liquid flowing away from the inlet holes, and this involves applying a known spherical surface to a similar base in a similar vaporizer to yield predictable results.
Regarding claim 2, Qiu discloses the upper surface is a convex curved surface (1313, “a spherical surface”, Fig. 3, Fig. 4, [0049-0051]).
Regarding claim 3, Zhang discloses the air inlet protruding stage comprises a plurality of air inlet holes (18) each having a cross sectional area, where an array of air inlet holes (“second air inlet holes”) surrounds a central air inlet hole (“at least one first air inlet hole”, Fig. 2, Fig. 6).
Regarding claim 9, Zhang discloses the upward extension of the main body portion is provided with a third air inlet hole (air intake channel 14) in communication with the plurality of inlet holes (18, Fig. 2, [0070]).
Regarding claim 10, Zhang discloses third air inlet hole (air intake channel 14) has a cross sectional area that is greater than the cumulative cross sectional area of the plurality of inlet holes (18, Fig. 2, [0070]).
Regarding claim 11, Zhang discloses a porous body (31, “liquid absorbing body”) arranged in the cartridge shell body (21, “a liquid storage housing”) wherein the porous body (31, “liquid absorbing body”) absorbs liquid from the liquid storage cavity (211, i.e. in communication with the liquid storage cavity in a liquid guiding manner, Fig. 2, Fig. 14, [0072-0073]).
Regarding claim 12, Zhang discloses sealing structure (70, “seal member”) arranged in the cartridge shell body (21, “a liquid storage housing”) and sleeved on the base (10, Fig. 2, Fig. 4, [0066-0067]).
Regarding claim 13, Zhang discloses a pickup part (73, “protruding stage portion) arranged between the porous body (31, “liquid absorbing body”) and air inlet protruding stage, wherein the pickup part (73, “protruding stage portion) is provided with a hole (extending from 731 to 732) in communication with the plurality of air inlets (18, Fig. 2, Fig. 12, Fig. 13, [0093-0095]).
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Regarding claim 15, Zhang discloses the air inlet through hole (extending from 731 to 732) comprises an air inlet section facing the base and an air outlet section away from the base, where the cross sectional area of the air inlet section is greater than a cross sectional area of the air outlet section (Fig. 4, Fig. 13, [0093-0095]).
Regarding claim 16, Zhang discloses an air outlet (732) arranged at the end of the air inlet through hole (extending from 731 to 732) away from the air inlet protruding stage, where the cross sectional area of the air outlet (732) is smaller than a cross sectional area of the air inlet protruding stage (Fig. 2, Fig. 13, [0093-0095]).
Regarding claim 17, Zhang discloses the sealing structure (70) comprises an annular portion (71, “body portion”) which is sleeved between the base (10) and the cartridge shell body (21, “a liquid storage housing”) to seal the gap between the base (10) and the cartridge shell body (21, “a liquid storage housing”, Fig. 2, Fig. 13, [0091]). Zhang further discloses the annular portion (71) is made of an elastic material such as silicone ([0091]).
Zhang does not explicitly disclose that the sealing structure (70) provides a hermetic seal (“hermetically sleeved”). However, the specification discloses using an elastic material such as silica gel for the sealing member to provide a hermetic seal ([0074]). Therefore, one of having ordinary skill in the art would reasonably expect the annular portion (71) of the sealing structure (70) made of an elastic material like silicone for sealing the gap between the base (10) and the cartridge shell body (21, “a liquid storage housing”) disclosed by Zhang to be capable of providing a hermetic seal.
Regarding claim 18, Zhang discloses the atomizer (10) further comprises an atomizing housing (60, “heating base”) formed in the cartridge shell body (21, “a liquid storage housing”) and mated with the base (10), where the porous body (31, “liquid absorbing body”) is arranged between the atomizing housing (60, “heating base”) and the base (10, Fig. 2, Fig. 4, [0067]).
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (WO 2020232676 A1, hereinafter referring to the English Machine translation provided) in view of Qiu (US 20190335813 A1), as applied to claim 3 above, further in view of McEvoy (US 20240381939 A1).
Regarding claim 4, Zhang discloses the air inlet protruding stage comprises a plurality of air inlet holes (18) each having a cross sectional area, where an array of air inlet holes (second air inlet holes) surrounds a central air inlet hole (at least one first air inlet hole, Fig. 2, Fig. 6). Zhang does not explicitly disclose the cross sectional area of the first air inlet holes is less than or greater than the cross sectional area of the second air inlet holes.
However, McEvoy, directed to an aerosol generating device (abstract), discloses:
A heating chamber (25) comprising a circular bottom wall (40, Fig. 1, [0062]),
An inlet portion (45, 50) of the bottom wall (40) comprises at least one inlet hole (52A) for air to enter the consumable (12) of the device. (Fig. 2, Fig. 3, [0071-0072]).
The air inlets are arranged in evenly spaced circular arrays with diameter of the holes increasing from the center array to the outermost array to create an airflow gradient where the airflow rate is different in the center than the outer edges (Fig 2, Example D, G, [0065, 0067, 0068]). The diameter of the holes increasing is considered to be at least one first air inlet hole having a larger or smaller cross sectional area than at least one second air inlet hole.
Devices with a single air inlet create cool zones where the tobacco is unconsumed and overheated zones where the tobacco is burnt ([0014]).
The air inlet arrangement in circular arrays creates an airflow gradient that allows for more even heating of the substrate ([0014]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang, in view of Qiu, by providing the air inlet holes in circular arrays with increasing diameter as taught by McEvoy because both Zhang and McEvoy are directed to smoking devices, McEvoy teaches using air inlets with a larger diameter towards the outer edges to prevent cool zones and overheating zones in the substrate, and this involves applying a known size gradient and arrangement to a similar device to yield predictable results.
Regarding claim 5, Zhang discloses the air inlet protruding stage comprises a plurality of air inlet holes (18) each having a cross sectional area, where an array of air inlet holes (second air inlet holes) surrounds a central air inlet hole (at least one first air inlet hole, Fig. 2, Fig. 6). Zhang does not explicitly disclose the air inlets are distributed in annual arrays at equal intervals where the second air inlets holes are greater in number than the first air inlet holes they surround.
However, McEvoy, directed to an aerosol generating device (abstract), discloses:
A heating chamber (25) comprising a circular bottom wall (40, Fig. 1, [0062]),
An inlet portion (45, 50) of the bottom wall (40) comprises at least one inlet hole (52A) for air to enter the consumable (12) of the device. (Fig. 2, Fig. 3, [0071-0072]).
The air inlets are arranged in evenly spaced circular arrays with number of the holes increasing from the center array to the outermost array to create an airflow gradient where the airflow rate is different in the center than the outer edges (Fig 2, Example C, [0065, 0067, 0068]).
Devices with a single air inlet create cool zones where the tobacco is unconsumed and overheated zones where the tobacco is burnt ([0014]).
The air inlet arrangement in circular arrays creates an airflow gradient that allows for more even heating of the substrate ([0014]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang, in view of Qiu, by providing the air inlet holes in circular arrays with number of the holes increasing from the center array to the outermost array as taught by McEvoy because both Zhang and McEvoy are directed to smoking devices, McEvoy teaches using more air inlets towards the outer edges to prevent cool zones and overheating zones in the substrate, and this involves applying air inlet holes in a known arrangement to a similar device to yield predictable results.
Regarding claim 6, Zhang discloses the air inlet protruding stage comprises a plurality of air inlet holes (18) each having a cross sectional area, where an array of air inlet holes (second air inlet holes) surrounds a central air inlet hole (at least one first air inlet hole, Fig. 2, Fig. 6). Zhang does not explicitly disclose four first air inlet holes surrounded by ten second air inlet holes evenly and symmetrically distributed around a center of the air inlet protruding stage.
However, McEvoy, directed to an aerosol generating device (abstract), discloses:
A heating chamber (25) comprising a circular bottom wall (40, Fig. 1, [0062]),
An inlet portion (45, 50) of the bottom wall (40) comprises at least one inlet hole (52A) for air to enter the consumable (12) of the device. (Fig. 2, Fig. 3, [0071-0073]).
The air inlets are arranged in evenly spaced circular arrays with number of the holes increasing from the center array to the outermost array to create an airflow gradient where the airflow rate is different in the center than the outer edges (Fig 2, Example C, [0065, 0067, 0068]).
Devices with a single air inlet create cool zones where the tobacco is unconsumed and overheated zones where the tobacco is burnt ([0014]).
The air inlet arrangement in circular arrays creates an airflow gradient that allows for more even heating of the substrate ([0014]).
McEvoy does not explicitly disclose an example having four first air inlet holes surrounded by ten second air inlet holes. However, McEvoy discloses the bottom wall (40) comprises at least one inlet hole (52A, Fig. 2, Fig. 3, [0071-0073]) and arranging the air inlets in evenly spaced circular arrays with number of the holes increasing from the center array to the outermost array to achieve even heating (Fig 2, Example C, [0065, 0067, 0068]). Therefore, a person having ordinary skill in the art could have easily arrived at an embodiment having four first air inlet holes surrounded by ten second air inlet holes through routine experimentation to achieve optimized heating.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang, in view of Qiu, by providing the air inlet holes in circular arrays with four first air inlet holes surrounded by ten second air inlet holes as taught by McEvoy because both Zhang and McEvoy are directed to smoking devices, McEvoy teaches using more air inlets towards the outer edges to prevent cool zones and overheating zones in the substrate, and this involves applying air inlet holes in a known arrangement and number through routine optimization using routine skill in the art to a similar device to yield predictable results.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (WO 2020232676 A1, hereinafter referring to the English Machine translation provided) in view of Qiu (US 20190335813 A1) and McEvoy (US 20240381939 A1), as applied to claim 3 above, further in view of Cao (US 20250127238 A1).
Regarding claim 7, Zhang does not explicitly disclose the pneumatic noise of the atomization device during operation. Pneumatic noise is interpreted as the noise generated by the device during operation (i.e. when a user draws air through the device).
However, Cao, directed to an aerosol generating apparatus (abstract), discloses:
Adjusting power supplied to the heater to control the noise generated by the aerosol generating apparatus to be acceptable to the user and not affect the user experience ([0051])
The noise generated by the aerosol generation apparatus is maintained within 0 dB to 32 dB ([0051]). The claimed range overlaps with the range taught by the prior art and is therefore considered prima facie obvious.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang, in view of Qiu and McEvoy, by adjusting the power supplied to control the noise generated by the vaporizer to less than 32dB as taught by Cao because both Zhang and Cao are directed to aerosol generating devices, Cao teaches generating noise less than 32dB does not affect the user experience, and this involves applying a known range of noise generation a similar device to yield predictable results.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (WO 2020232676 A1, hereinafter referring to the English Machine translation provided) in view of Qiu (US 20190335813 A1), as applied to claim 13 above, further in view of Chen (US 20220248756 A1),
Regarding claim 14, Zhang discloses a pickup part (73, “protruding stage portion), wherein the pickup part (73, “protruding stage portion) is provided with a hole (extending from 731 to 732) in communication with the plurality of air inlets (18, Fig. 2, Fig. 12, Fig. 13, [0093-0095]).
Zhang does not explicitly disclose an upper end surface of the air inlet through hole is higher than an upper end surface of the protruding stage portion.
However, Chen directed to an atomization device (“a vaporizer”), discloses:
A seal member (5) having 4 inclined surfaces (5a) that form a protrusion (“protruding stage portion”, Fig. 5, Fig. 6, Fig. 9, [0078]),
The seal member (5) is provided with an air vent hole (51, “air inlet through hole”) having a vent protrusion (51a) arranged on the periphery of the air vent hole (51) such that the upper surface of the air vent hole (51) is higher than the protruding stage portion which prevents liquid from leaking through the air inlet (12, Fig. 9, Fig. 10, [0077]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang, in view of Qiu, by providing a protrusion around the air inlet through hole in the protruding stage portion as taught by Chen because both Zhang and Chen are directed to aerosol generating devices, Chen teaches the protrusion prevents liquid from liquid through the air inlet of the device, and this involves applying a known protrusion on a through hole in a similar device to yield predictable results.
Claims 20-24 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (WO 2020232676 A1, hereinafter referring to the English Machine translation provided) in view of McEvoy (US 20240381939 A1).
The following rejections are made in reference to the below annotated Figures.
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Regarding claim 20, Zhang discloses an atomizer (100, “a vaporizer”, Fig. 1, Fig. 16, [0060, 0063]) comprising:
A cartridge shell body (21, “a liquid storage housing”) having a liquid storage cavity (211) formed therein (Fig. 2, [0071])
A base (10) arranged at one end of the cartridge shell body (21, “liquid storage housing”, Fig. 2, Fig. 4, [0065]), wherein the base (10) comprises:
A main body portion (Fig. 6),
An air inlet protruding stage extending upward from an upper end surface of the main body portion (upward extension surrounding air inlet 14, Fig. 2, Fig. 6, [0070])
A cylindrical sidewall (limiting boss 12) extending upward from an outer periphery of the main body portion (Fig. 6, [0067, 0090])
Wherein the air inlet protruding stage is provided with a plurality of air inlet holes (18, “at least one first and at least one second air inlet hole”, Fig. 2, [0070]),
In regards to the limitation requiring the upper end surface of the main body, the air inlet protruding stage, and an inner wall surface of the cylindrical side wall forming a liquid storage space configured to store condensate, Zhang discloses the base can store leaked liquid (Fig. 2, [0070]). Further, the upper end surface of the main body portion, air inlet protruding stage, and the cylindrical sidewall (12) form a recessed space/liquid storage space in the bottom of the base (10) that would allow be capable of storing condensate (Fig. 2 Fig. 6).
Zhang does not explicitly disclose the first air inlet hole and second air inlet hole have different cross sectional areas.
However, McEvoy, directed to an aerosol generating device (abstract), discloses:
A heating chamber (25) comprising a circular bottom wall (40, Fig. 1, [0062]),
An inlet portion (45, 50) of the bottom wall (40) comprises at least one inlet hole (52A) for air to enter the consumable (12) of the device. (Fig. 2, Fig. 3, [0071-0072]).
The air inlets are arranged in evenly spaced circular arrays with diameter of the holes increasing from the center array to the outermost array to create an airflow gradient where the airflow rate is different in the center than the outer edges (Fig 2, Example D, G, [0065, 0067, 0068]). The diameter of the holes increasing is considered to be at least one first air inlet hole having a different cross sectional area than at least one second air inlet hole.
Devices with a single air inlet create cool zones where the tobacco is unconsumed and overheated zones where the tobacco is burnt ([0014]).
The air inlet arrangement in circular arrays creates an airflow gradient that allows for more even heating of the substrate ([0014]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang by providing the air inlet holes in circular arrays with increasing diameter as taught by McEvoy because both Zhang and McEvoy are directed to smoking devices, McEvoy teaches using air inlets with a larger diameter towards the outer edges to prevent cool zones and overheating zones in the substrate, and this involves applying air inlet holes in a known arrangement to a similar device to yield predictable results.
Regarding claims 21 and 22, McEvoy discloses the air inlets are arranged in evenly spaced circular arrays (Fig 2, Example D, G, [0065, 0067, 0068]). The innermost circular array is considered to be a plurality of first air inlet holes and the array surrounding the innermost array is considered to be a plurality of second air inlet holes.
Regarding claim 23, Zhang discloses a pickup part (73, “protruding stage portion), wherein the pickup part (73, “protruding stage portion) is provided with a hole (extending from 731 to 732) in communication with the plurality of air inlets (18, Fig. 2, Fig. 12, Fig. 13, [0093-0095]). McEvoy discloses at least one first and second air inlet hole having different cross sectional areas, as discussed above (Fig 2, Example D, G, [0065, 0067, 0068]). Therefore, the at least one first and second air inlet hole are in communication with the air inlet through hole of the protruding stage portion.
Regarding claim 24, Zhang discloses an electronic atomizing device (“electronic vaporizing device”) comprising an atomizer (100, “a vaporizer”, Fig. 1, Fig. 16, [0060, 0063]), the atomizer (100, “a vaporizer”), comprising:
A cartridge shell body (21, “a liquid storage housing”) having a liquid storage cavity (211) formed therein (Fig. 2, [0071])
A base (10) arranged at one end of the cartridge shell body (21, “liquid storage housing”, Fig. 2, Fig. 4, [0065]), wherein the base (10) comprises:
A main body portion (Fig. 6),
An air inlet protruding stage extending upward from an upper end surface of the main body portion (upward extension surrounding air inlet 14, Fig. 2, Fig. 6, [0070])
A cylindrical sidewall (limiting boss 12) extending upward from an outer periphery of the main body portion (Fig. 6, [0067, 0090])
Wherein the air inlet protruding stage is provided with a plurality of air inlet holes (18, “at least one first and second air inlet hole”, Fig. 2, [0070]), and at least one air inlet hole is on a periphery of an upper surface of the air inlet protruding stage.
A liquid film (“a condensate film boundary”) can form in each air inlet (18) preventing the liquid from leaking out, and at least one air inlet (18) is provided on the periphery of the upper surface of the air inlet protruding stage (Fig. 2, Fig. 6, [0070]).
In regards to the limitation requiring the upper end surface of the main body, the air inlet protruding stage, and an inner wall surface of the cylindrical side wall forming a liquid storage space configured to store condensate, Zhang discloses the base (10) can store leaked liquid (Fig. 2, [0070]). Further, the upper end surface of the main body portion, air inlet protruding stage, and the cylindrical sidewall (12) form a recessed space/liquid storage space in the bottom of the base (10) that would allow be capable of storing condensate (Fig. 2 Fig. 6).
Zhang does not explicitly disclose the first air inlet hole and second air inlet hole have different cross sectional areas.
However, McEvoy, directed to an aerosol generating device (abstract), discloses:
A heating chamber (25) comprising a circular bottom wall (40, Fig. 1, [0062
An inlet portion (45, 50) of the bottom wall (40) comprises at least one inlet hole (52A) for air to enter the consumable (12) of the device. (Fig. 2, Fig. 3, [0071-0072]).
The air inlets are arranged in evenly spaced circular arrays with diameter of the holes increasing from the center array to the outermost array to create an airflow gradient where the airflow rate is different in the center than the outer edges (Fig 2, Example D, G, [0065, 0067, 0068]). The diameter of the holes increasing is considered to be at least one first air inlet hole having a different cross sectional area than at least one second air inlet hole.
Devices with a single air inlet create cool zones where the tobacco is unconsumed and overheated zones where the tobacco is burnt ([0014]).
The air inlet arrangement in circular arrays creates an airflow gradient that allows for more even heating of the substrate ([0014])
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang by providing the air inlet holes in circular arrays with increasing diameter as taught by McEvoy because both Zhang and McEvoy are directed to smoking devices, McEvoy teaches using air inlets with a larger diameter towards the outer edges to prevent cool zones and overheating zones in the substrate, and this involves applying a known number of air inlet holes in a known arrangement to a similar device to yield predictable results.
In regards to the limitation requiring a condensate film boundary formed at the one or more air inlet holes at the periphery of the upper surface of the air inlet protruding stage being in communication with the condensate in the liquid storage space, the one or more air inlet holes at the periphery are provided in the same space as to the recessed space/liquid storage space in the bottom of the base (10) and therefore the condensate film boundary and liquid storage space are in communication.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORGAN FAITH DEZENDORF whose telephone number is (571)272-0155. The examiner can normally be reached M-F 8am-430pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.F.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755