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, 5-7 and 9-26 are pending and are subject to this office action. Claims 1, 5-7, 19, 20, 24 have been amended. Claims 2-4 have been canceled. Claims 25-26 are newly added.
Response to Amendment
The Examiner acknowledges the Applicant’s response filed on 05/27/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, see pg. 11, filed 05/27/2026, with respect to the rejection of claims 1-7 and 9-18 under 35 U.S.C. 112(b) have been fully considered and they are persuasive. Applicant argues that claim 1 is amended to recite “the portion of the upper end surface” in place of “the first portion of the upper end surface”. However, claim 1 of the claim set filed 05/27/2026 does not appear to reflect the changes argued by the Applicant. However, the Examiner notes that if claim 1 was amended to remove the term “first” in the limitation “the first portion of the upper end surface” (claim 1 lines 21-22), the rejection of claims 1-7 and 9-18 under 35 U.S.C. 112(b) would be overcome and withdrawn.
Applicant’s arguments, see pg. 11-15, filed 05/27/2026, with respect to the prior art rejections of independent claims 1, 19, 20, and 24 have been fully considered and are persuasive. Applicant has amended claims 1, 19, 20, and 24 to require limitations similar to those previously presented in claims 2-4 as well as requiring a condensate film boundary be formed at the one or more second air inlet holes, and is in communication with the liquid storage space, and the protrusion or convex surface of the air inlet protruding stage is configured to guide condensate toward the liquid storage space. Regarding claim 1, Zhang, in view of Qiu, does not explicitly disclose the at least one first air inlet hole has a cross sectional area less than a cross sectional area of the at least one second air inlet hole. Regarding claims 19, Zhang does not explicitly disclose the at least one first air inlet hole has a cross sectional area less than a cross sectional area of the at least one second air inlet hole or the air inlet protruding stage comprises an upper surface in a convex shape. Regarding claims 20 and 24, Zhang, in view of McEvoy, does not explicitly disclose the air inlet protruding stage comprises an upper surface in a convex shape. Therefore, the amendments overcome the prior art rejections of at least independent claims 1, 19, 20, and 24.
On pg. 14, Applicant argues that Qiu discloses the convex body directs liquid downward and does not disclose condensate flows in an outward direction along the upper surface. The Examiner disagrees. Zhang discloses a liquid film (“condensate”) can form in each air inlet (18) provided on the air inlet protruding stage (Fig. 2, Fig. 6, [0070]). Qiu discloses a convex body (1312) forming 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]). It is evident that condensate flowing from an upper spherical surface would flow along the upper surface before flowing downward towards the liquid storage space. The vaporizer disclosed by Zhang, in view of Qiu and McEvoy, discloses each of the structural elements required by the claim. Therefore condensate formed on the upper surface of the protrusion or convex surface base is expected to flow in the same manner as the claimed invention.
The prior art rejections presented below are maintained and modified where necessitated by Applicant’s amendment.
Claim Objections
Applicant has amended claim 1 to specify the air inlet holes extend from the upper surface of the protrusion away from the liquid storage cavity. Therefore, the previous objection has been withdrawn.
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 limitation, “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 5-7 and 9-18 are rejected by virtue of their dependence on claim 1.
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, 5-6, 9-13, 15-26 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) and McEvoy (US 20240381939 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]),
Where the plurality of air inlet holes (18) each have 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”), and the array of air inlet holes (“second air inlet holes”) is on a periphery of the upper surface of the protrusion (Fig. 2, Fig. 6), and;
Two supporting arms (13a, 13b) extending from the upper end surface of the main body portion and spaced from 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]).
A liquid film (“a condensate film boundary”) can form in each air inlet (18) preventing the liquid from leaking out, and the second air inlet holes (18) are 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 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 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, where the upper surface of the protrusion is a spherical surface.
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.
In regards to the limitation requiring that the condensate film boundary has a substantially spherical shape, a condensate film boundary formed on the second air inlet holes on the periphery (Zhang: Fig. 2, Fig. 6, [0070]) of a spherical protrusion (Qiu: 1313, Fig. 3, Fig. 4, [0051]) would be expected to have a spherical shape.
In regards to the limitation requiring that the condensate film boundary is in communication with the condensate stored in the liquid storge space, the condensate film boundary formed on the second air inlet holes on the periphery of the protrusion (Zhang: Fig. 2, Fig. 6, [0070]) are provided in the same space as to the recessed space/liquid storage space in the bottom of the base (Zhang: 10, Fig. 6) and therefore the condensate film boundary and condensate stored in the liquid storage space are in communication.
In regards to the limitation requiring that the spherical protrusion is configured to guide condensate at the one or more air inlet holes to flow outward along the upper surface of the protrusion toward the liquid storage space, Zhang discloses a liquid storage space formed in the floor of the base (10, Fig. 6). Qiu discloses a spherical protrusion (1313) 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]). Therefore, condensate formed on the one or more air inlets would be expected to flow along the upper surface toward the liquid storage space positioned below the protrusion under the force of gravity. Zhang does not explicitly disclose the cross sectional area of the at least one first air inlet hole is less 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 smaller cross sectional area than the second air inlet holes.
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.
Zhang discloses a singular first air inlet hole surrounded by a plurality of second air inlet holes (Fig. 6). McEvoy discloses the diameter of the holes increasing from a center array to an outermost array (Fig 2, Example D, G, [0065, 0067, 0068]). Therefore, a plurality of second air inlet holes having a larger diameter than a single first air inlet hole is considered to be the first air inlet hole having a cross sectional area that is less than the cross sectional area of the second air inlet holes.
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 annular 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 and McEvoy, 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 and McEvoy, 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.
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]).
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]),
Where the plurality of air inlet holes (18) each have 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”), and the array of air inlet holes (“second air inlet holes”) is on a periphery of the upper surface of the protrusion (Fig. 2, Fig. 6), 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).
Zhang does not explicitly disclose the upward extension of the air inlet protruding stage comprises a protrusion above the upward extension, where the upper surface of the protrusion is a spherical surface.
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.
In regards to the limitation requiring that the condensate film boundary has a substantially spherical shape, a condensate film boundary formed on the second air inlet holes on the periphery (Zhang: Fig. 2, Fig. 6, [0070]) of a spherical protrusion (Qiu: 1313, Fig. 3, Fig. 4, [0051]) would be expected to have a spherical shape. 1
In regards to the limitation requiring that the condensate film boundary is in communication with the condensate stored in the liquid storge space, the condensate film boundary formed on the second air inlet holes on the periphery of the protrusion (Zhang: Fig. 2, Fig. 6, [0070]) are provided in the same space as to the recessed space/liquid storage space in the bottom of the base (Zhang: 10, Fig. 6) and therefore the condensate film boundary and condensate stored in the liquid storage space are in communication.
In regards to the limitation requiring that the spherical protrusion is configured to guide condensate at the one or more air inlet holes to flow outward along the upper surface of the protrusion toward the liquid storage space, Zhang discloses a liquid storage space formed in the floor of the base (10, Fig. 6). Qiu discloses a spherical protrusion (1313) 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]). Therefore, condensate formed on the one or more air inlets would be expected to flow along the upper surface toward the liquid storage space positioned below the protrusion under the force of gravity. Zhang does not explicitly disclose the cross sectional area of the at least one first air inlet hole is less 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 smaller cross sectional area than the second air inlet holes.
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.
Zhang discloses a singular first air inlet hole surrounded by a plurality of second air inlet holes (Fig. 6). McEvoy discloses the diameter of the holes increasing from a center array to an outermost array (Fig 2, Example D, G, [0065, 0067, 0068]). Therefore, a plurality of second air inlet holes having a larger diameter than a single first air inlet hole is considered to be the first air inlet hole having a cross sectional area that is less than the cross sectional area of the second air inlet holes.
Regarding claim 20, 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]),
Where the plurality of air inlet holes (18) each have 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”), and the array of air inlet holes (“second air inlet holes”) is on a periphery of the upper surface of the protrusion (Fig. 2, Fig. 6), 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 second 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).
Zhang does not explicitly disclose the upward extension of the air inlet protruding stage comprises a protrusion above the upward extension, where the upper surface of the protrusion is a convex shape.
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 convex shape”) 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 convex shape”) 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.
In regards to the limitation requiring that the condensate film boundary formed at the at least one second air inlet hole on the periphery corresponds to the convex shape of the upper surface, a condensate film boundary formed on the second air inlet holes on the periphery (Zhang: Fig. 2, Fig. 6, [0070]) of a convex surface (Qiu: 1313, Fig. 3, Fig. 4, [0051]) would be expected to correspond to the convex shape of the upper surface of the air inlet protruding stage.
In regards to the limitation requiring that the condensate film boundary is in communication with the condensate stored in the liquid storge space, the condensate film boundary formed on the second air inlet holes on the periphery of the protrusion (Zhang: Fig. 2, Fig. 6, [0070]) are provided in the same space as to the recessed space/liquid storage space in the bottom of the base (Zhang: 10, Fig. 6) and therefore the condensate film boundary and condensate stored in the liquid storage space are in communication.
In regards to the limitation requiring that the upper surface of the air inlet protruding stage is configured to guide condensate at the one or more second air inlet holes to flow outward along the upper surface of the air inlet protruding stage toward the liquid storage space, Zhang discloses a liquid storage space formed in the floor of the base (10, Fig. 6). Qiu discloses a spherical protrusion (1313) 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]). Therefore, condensate formed on the one or more second air inlets would be expected to flow along the upper surface toward the liquid storage space positioned below the protrusion under the force of gravity. Zhang does not explicitly disclose the cross sectional area of the at least one first air inlet hole is less 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 smaller cross sectional area than the second air inlet holes.
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.
Zhang discloses a singular first air inlet hole surrounded by a plurality of second air inlet holes (Fig. 6). McEvoy discloses the diameter of the holes increasing from a center array to an outermost array (Fig 2, Example D, G, [0065, 0067, 0068]). Therefore, a plurality of second air inlet holes having a larger diameter than a single first air inlet hole is considered to be the first air inlet hole having a cross sectional area that is less than the cross sectional area of the second air inlet holes.
Regarding claim 21, 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 a plurality of first 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 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]).
The innermost array (i.e. first air inlets) comprises a plurality of inlets (Fig. 2 Example C).
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 and McEvoy, by providing the innermost array with a plurality of inlets and increasing the number of inlets 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 22, McEvoy discloses the air inlets are arranged in evenly spaced circular arrays (Fig 2, Example D, G, [0065, 0067, 0068]).
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) 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]),
Where the plurality of air inlet holes (18) each have 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”), and the array of air inlet holes (“second air inlet holes”) is on a periphery of the upper surface of the protrusion (Fig. 2, Fig. 6), 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 second 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).
Zhang does not explicitly disclose the upward extension of the air inlet protruding stage comprises a protrusion above the upward extension, where the upper surface of the protrusion is a convex shape.
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 convex shape”) 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 convex shape”) 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.
In regards to the limitation requiring that the condensate film boundary formed at the at least one second air inlet hole on the periphery corresponds to the convex shape of the upper surface, a condensate film boundary formed on the second air inlet holes on the periphery (Zhang: Fig. 2, Fig. 6, [0070]) of a convex surface (Qiu: 1313, Fig. 3, Fig. 4, [0051]) would be expected to correspond to the convex shape of the upper surface of the air inlet protruding stage.
In regards to the limitation requiring that the condensate film boundary is in communication with the condensate stored in the liquid storge space, the condensate film boundary formed on the second air inlet holes on the periphery of the protrusion (Zhang: Fig. 2, Fig. 6, [0070]) are provided in the same space as to the recessed space/liquid storage space in the bottom of the base (Zhang: 10, Fig. 6) and therefore the condensate film boundary and condensate stored in the liquid storage space are in communication.
In regards to the limitation requiring that the upper surface of the air inlet protruding stage is configured to guide condensate at the one or more second air inlet holes to flow outward along the upper surface of the air inlet protruding stage toward the liquid storage space, Zhang discloses a liquid storage space formed in the floor of the base (10, Fig. 6). Qiu discloses a spherical protrusion (1313) 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]). Therefore, condensate formed on the one or more second air inlets would be expected to flow along the upper surface toward the liquid storage space positioned below the protrusion under the force of gravity. Zhang does not explicitly disclose the cross sectional area of the at least one first air inlet hole is less 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 smaller cross sectional area than the second air inlet holes.
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.
Zhang discloses a singular first air inlet hole surrounded by a plurality of second air inlet holes (Fig. 6). McEvoy discloses the diameter of the holes increasing from a center array to an outermost array (Fig 2, Example D, G, [0065, 0067, 0068]). Therefore, a plurality of second air inlet holes having a larger diameter than a single first air inlet hole is considered to be the first air inlet hole having a cross sectional area that is less than the cross sectional area of the second air inlet holes.
Regarding claim 25, Zhang discloses a liquid film (“condensate”) can form in each air inlet (18) provided on the air inlet protruding stage, the air inlets (18) comprises a central first air inlet hole and an array of second air inlet holes on a periphery of the air inlet protruding stage (Fig. 2, Fig. 6, [0070]). Qiu discloses a convex body (1312) forming 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]). Therefore, a second air inlet hole provided on a periphery of the air inlet protruding stage, where the air inlet protruding stage has a spherical surface, reasonably suggests condensate at the second air inlet holes would be capable of flowing along the upper surface of the protrusion toward the liquid storage space positioned below the protrusion under the force of gravity.
Regarding claim 26, Zhang discloses a liquid film (“condensate”) can form in each air inlet (18) provided on the air inlet protruding stage, the air inlets (18) comprises a central first air inlet hole and an array of second air inlet holes on a periphery of the air inlet protruding stage (Fig. 2, Fig. 6, [0070]). Qiu discloses a convex body (1312) forming a convex curved surface (1313) 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]). Therefore, a second air inlet hole provided on a periphery of the air inlet protruding stage, where the air inlet protruding stage has a convex shape, reasonably suggests condensate at the second air inlet holes would be capable of flowing along the upper surface of the air inlet protruding stage toward the liquid storage space positioned below the air inlet protruding stage under the force of gravity.
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 1 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) and McEvoy (US 20240381939 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 and McEvoy, 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.
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.
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/M.F.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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