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, 3-4, and 6-19 are currently pending and are subject to this office action. Claims 1, 7, and 9 are amended. Claims 2 and 5 are canceled. This office action is in response to Applicant’s amendment filed on 07/20/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 07/20/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, on pages 6-13, filed 07/20/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are not persuasive. The Applicant argues that Liu '519, does not teach an upper end of the core being embedded in the fixing portion because the entirety of the ultrasonic atomization piece is provided in the fixing base rather than just the upper end, not providing a "good fixing effect". Further, the vent groove is merely a passage that admits air from the inlet passage, not an air guide groove and that the cited combination would require a fundamental redesign.
The Examiner respectfully disagrees. The Applicant's argument addresses Liu '519 individually rather that the teachings of the references as combined in the rejection. The rejection does not rely on the ultrasonic atomization piece (10) of Liu '519 as meeting the claimed limitation of a core or disclosing the whole claimed arrangement. Liu '519 is relied upon in combination with the previously cited references for teaching the fixing base and it’s airflow arrangement. The "good fixing effect" that the Applicant relies on in [0045] of the claimed invention’s specification does not distinguish the claimed subject matter from what is recited in the claim. The claim does not require the specifics of the fixation identified in [0045] of the specification, as cited by the Applicant, or exclude additional portions of the core from also being received within the fixing portion. Thus, the fact that Liu '519 does not recite the claimed advantage does not demonstrate that the claimed structural limitation is not in the combined teachings.
Liu '519 teaches the vent groove (11) provided on an inner side wall of the lower fixing base (9) and teaches that the vent groove (11) communicates the hollow cavity with the atomization cavity [0006]. Liu '519 specifically describes an airflow path including the air inlet passage (16), the hollow cavity, the vent groove (11), the atomization cavity, and the vent pipe (19) in sequential communication [0011]. The Applicant characterizes the vent groove (11) as merely a passage, however the vent groove (11) being part of the airflow path does not take away from its function of guiding air between the hollow cavity and atomization cavity [0006-0007]. This guided airflow path carries atomized smoke away from the atomization cavity and prevents accumulation of the smoke that could affect inhalation [0007].
Furthermore, the rejection does not require bodily incorporation of the complete structure of Liu '519 into Qiu. The rejection relies on the combined teachings of the references and proposes applying Liu 519's known teaching of an airflow guiding groove and fixing base structure to modified Qiu. Liu '519 demonstrates that fixing base structure associated with an atomization element may additionally comprise an air guiding groove to facilitate airflow through the atomization region and prevent accumulation of smoke [0007]. The proposed combination would still allow Qiu to be operated for its intended use.
Applicant’s arguments, on pages 13-14, filed 07/20/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. The Applicant has amended claim 1 to include a limitation of previously presented claim 7 and a limitation that was not previously presented, specifically, “wherein the fixing portion is in a discontinuous annular shape and is configured to elastically clamp the core”. However, upon further consideration, a new ground(s) of rejection is made in view of Nong (CN 210076577 U).
The following are modified rejections based on Applicant’s amendments to the claims.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 6, 7, 8, 9, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (EP 3420828 A1, as cited in IDS dated 02/20/2023), and further in view of Lord (US 20160106154 A1), Liu (US 20150189919 A1, hereinafter referred to as Liu ‘919), Liu (WO 2015003327 A1, hereinafter citations referring to English Machine Translation and referred to as Liu ‘327), Liu (US 20190150519 A1, hereinafter referred to as Liu ‘519), and Nong (CN 210076577 U, hereinafter citations referring to English Machine Translation).
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With regard to Claim 1, Qiu, directed to a cigarette cartridge and electronic cigarette, teaches (i) wherein the device comprises an outer shell comprising a housing (Fig. 3: #18) and battery assembly (Fig. 3: #20). The inside of the housing (Fig. 3: #18) forms a liquid storage chamber (Fig. 3: #18-5) comprising tobacco liquid ([0020], Lines 26-27). (ii) The housing (Fig. 3: #18) also comprises a heat-generating device (Fig. 6: #111) configured to absorb tobacco liquid from the liquid storage chamber (Pg. 4, Lines 26-27).
(iii) The housing (Fig. 3: #18) comprises an atomizing base (Fig. 3: #9), wherein the heat generating device (Fig. 6: #111) is arranged on the atomizing base (Fig. 5: #9, [0020], Lines 21-22). (iv) A battery (Fig. 6: #16) is disposed within the battery assembly (Fig. 3: #20), meeting the claim limitation of a core. (v) The battery assembly further comprises a baro-sensor (Fig. 6: #3) configured to sense a pressure variation generating by air suction ([0026], Lines 36-38). (vi) The sensor is assembled in a baro-sensor bracket (Fig. 6: #4), arranged in the inner part of battery assembly. (vii) Figure 5 shows wherein the battery (Fig. 6: #16) is arranged between the locations of the atomizing base (Fig. 6: #9) and the baro-sensor bracket (Fig. 6: #4).
Qiu further teaches (viii) wherein the top of the atomizing base (Fig. 5: #9) creates an open cavity (Fig. 5: "C"), meeting the claim limitation of wherein a top surface of the heating base recesses downward to form a vaporization cavity. (ix) Air coming through the atomizing base (Fig. 5: #9) is taken through the heat generating device (Fig. 6: #111, [0020]) and through ventilation pipe (Fig. 5: #14, Lines 42-44) to reach a smoke outlet (Fig. 6: #19-2), meeting the claim limitation of an air outlet channel in communication with the vaporization cavity formed in the shell.
(x) The baro-sensor bracket (Fig. 5: #4) is arranged at the bottom of the device housing (Fig. 3: #18), meeting the claim limitation o wherein the mounting base is arranged at a bottom part of the shell. (xi) The baro-sensor (Fig. 5: #3) is arranged on the bottom of the baro-sensor bracket (Fig. 5: #4), as seen in Figure 5. (xii) An upper portion of the baro-sensor bracket (Fig. 5: #4) is connected to a lower end of the battery bracket (Fig. 5: #5), comprising the battery (Fig. 5: #16), by baro-sensor bracket assembly.
Qiu further teaches (xiii) wherein the atomizing base (Fig. 8: #9) comprises a lower part (Fig. 8: "L") in which an atomizing upper cover is fixed on ([0023], Lines 5-7) and an upper part (Fig. 8: "U") that contains the heat-generating device ([0020], Lines 21-22). Qiu teaches all the limitations of the claims as set forth above, however Qiu is silent to:
Wherein an air inlet channel is in communication with the vaporization cavity formed in the shell
Wherein an air inlet hole communicating the air inlet channel with outside is provided on the shell
A lower sleeve portion arranged on a lower part
An upper sleeve portion arranged on an upper part
Wherein an upper end of surface of the core abuts against a lower end surface of a body portion of the heating base
An upper end of the core being embedded in the fixing portion
At least one air guide groove communicating the air inlet channel with the at least one vent groove being formed on a side wall of the fixing portion
Wherein the fixing portion in a discontinuous annular shape and is configured to elastically clamp the core
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In regards to i. and ii., Lord, directed to an electronic cigarette, teaches (i) an inlet passage shown by arrow A in Figure 2 that draws air to atomization apertures (Fig. 2: #32) of a tube (Fig. 2: #11) to atomize liquid [0028-0029] formed in the housing (Fig. 2: #2). (ii) An air inlet (Fig. 2: #7) is provided on the end cap (Fig. 2: #5) of the housing (Fig. 2: #2), allowing air to draw into the housing when a user draws on the mouth end (Fig. 2: #3, [0018]). Air drawn through the air inlet (Fig. 2: #7) moves through the passage shown by the arrow “A” [0028].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporization cavity formed in the shell of modified Qiu to be in communication with an air inlet channel, wherein an air inlet hole communicating the air inlet channel with outside is provided on the shell because both Qiu and Lord are directed to aerosol generating devices bringing air into the housing to be atomized and smoked. Lord teaches an inlet passage that draws air through an air inlet to draw air into the housing and supply vapor to a user [0018] and this merely involves the use of a known inlet passage feature to improve similar aerosol generating devices in the same way.
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In regards to iii. and iv., Liu ‘919, directed to an electronic cigarette, teaches an atomization seat assembly (Fig. 11: #24), further including (iii) a first sleeve (Fig. 11: #28) on the upper part of the atomization seat assembly and (iv) a second sleeve (Fig. 11: 29) on the lower part of the atomization seat assembly. A person of ordinary skill in the art would be motivated to combine the upper and lower sleeve arrangement of Liu ‘919 with the bracket configuration of modified Qiu to further secure the components within the device [0016].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the upper and lower part of the mounting base of modified Qiu to comprise lower sleeve portion arranged on a lower part and an upper sleeve portion arranged on an upper part because both Qiu and Liu ‘919 are directed to simplifying the structures of aerosol generating device for users with bases comprising upper and lower portions. Liu ‘919 teaches an atomization seat assembly with a first upper sleeve and a second lower sleeve to further secure the components within the device [0016] and this merely involves combining the bracket of Qiu with the sleeves of Liu ‘919 according to known base structures to yield predictable results.
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In regards to v., Liu ‘327, directed to an electronic cigarette, teaches wherein a lower end of an atomizing base (Fig. 2: #301) abuts against a top end of the battery (Fig. 2: #30, Pg. 9, Para. 4: Line 4) to simplify assembly (Pg. 5, Para. 6: Lines 2-4) and strengthen a connection between the atomizing component and the battery (Pg. 8, Para. 2: Lines 1-2).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the core and heating base of the modified Qiu to wherein an upper end surface of the core abuts against a lower end surface of a body portion of the heating base because both Qiu and Liu ‘327 are both directed to simplifying assembly of aerosol generating devices. Liu ‘327 teaches a battery that abuts against a lower end of an atomizing base to simplify assembly (Pg. 5, Para. 6, Lines 2-4) and strengthen a connection between the atomizing component and the battery (Pg. 8, Para. 2, Lines 1-2) and this merely involves the use of a known positioning technique to improve similar devices in the same way.
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In regards to vi. and vii., Liu ‘519, directed to an electronic cigarette atomizer, teaches wherein (vi) the whole of an ultrasonic atomization piece (Fig. 1: #10) is provided in a lower fixing base (Fig. 1: #9) to form an atomization cavity [0006]. (vii) A vent groove (Fig. 1: #11) is in communication with the air inlet passage (Fig. 1: #16, [0033]), wherein the vent groove is provided on an inner side wall of the lower fixing base [0006]. A person of ordinary skill in the art would be motivated to include the vent hole and guide groove of Liu ‘519 to be in communication with the air inlet channel of Qiu to prevent smoke from accumulating and affecting the taste of the smoke during the next inhalation [0007].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporization cavity of modified Qiu to wherein an upper end of the core being embedded in the fixing portion and at least one air guide groove communicating the air inlet channel with the at least one vent groove being formed on a side wall of the fixing portion because both Qiu and Liu ‘519 are directed to easing airflow delivered to the user in aerosol generating devices. Liu ‘519 teaches an ultrasonic atomization piece provided in a lower fixing base and a guide groove to prevent smoke from accumulating and affecting the taste of the smoke during the next inhalation [0007] and this merely involves applying a known vent feature to a known atomization cavity ready for improvement to yield predictable results.
In regards to viii., Nong, directed to an electronic cigarette, teaches a bracket having a left clamping plate and a right clamping plate, wherein the plates are arc shaped and arranged opposite to each other [0010], meeting the claim limitation of a discontinuous annular configuration. The bracket is a plastic bracket with a certain degree of elasticity [0010] and clamps a battery [0015]. One of ordinary skill in the art would have been motivated to apply the features of the bracket of Nong to the fixing portion of modified Qiu to ease installation and removal of the battery [0015].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the fixing portion of modified Qiu to wherein the fixing portion is in a discontinuous annular shape and is configured to elastically clamp the core because both Qiu and Nong are both directed to aerosol generating devices with supported battery arrangements. Nong teaches a bracket in the shape of an arc that clamps a battery to ease installation and removal of the battery [0015] and this merely involves applying a known support configuration to a known electronic cigarette, ready for improvement to yield predictable results.
With regard to Claim 3, modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein the air inlet channel is defined between an outer wall surface of the core and an inner wall surface of the shell
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Lord teaches an inlet passage (Fig. 2: Arrow “A”) defined outside of a battery (Fig. 2: #8) on an inner wall of the housing (Fig. 2: #2). A person of ordinary skill in the art would be motivated to apply the placement of the inlet passage of Lord to Qiu to reduce air pressure within the housing [0028].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the air inlet channel of modified Qiu to be defined between an outer wall surface of the core and an inner wall surface of the shell because both Qiu and Lord are directed to aerosol generating devices drawing air into the housing to be atomized and smoked. Lord teaches an inlet passage in between the housing and battery of a device to reduce air pressure within the housing [0028] and this merely involves applying a known inlet passage location to a known aerosol generating device ready for improvement to yield predictable results.
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With regard to Claim 6, modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein an outer side wall of the lower sleeve portion recesses inward to form a wire groove
Wherein a wire hole corresponding to the wire groove is provided on a side wall of the upper sleeve portion
Wherein an electrode wire of the airflow sensor is connected with the core through the wire groove and the wire hole sequentially
Liu ‘919 teaches wherein (i) an atomizer (Fig. 5: #21) comprises a heating wire (Fig. 5: #211). Figure 5 shows wherein the heating wire is placed into an inward groove (Fig. 5: "G") of the atomization seat (Fig. 5: #25) in the lower part of the atomization seat assembly. (ii) The wire is connected to a first electrode assembly and a battery rod is connected to a second electrode assembly, wherein the first and second electrode assemblies are connected to conduct a circuit [0011]. A person of ordinary skill in the art would be motivated to combine the wire and sensor connection of Qiu with the wire groove of Liu ‘919 because both wires are connected to a power supply component. The groove of the atomization seat would further secure the position of the wire and improve the connection.
(iii) The first sleeve (Fig. 11: #28) is on the upper part of the atomization seat assembly and the second sleeve (Fig. 11: #29) is on the lower part of the atomization seat assembly, corresponding with the location of the inward groove (Fig. 5: “G”) of the atomization seat (Fig. 21: #25). A person of ordinary skill in the art would be motivated to combine the wire assembly hole of Qiu with the upper sleeve structure of Liu ‘919 to provide a seamless connection between the groove and the hole, allowing for secure and protected wire routing with the power supply [0038].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the sleeves of modified Qiu to wherein an outer side wall of the lower sleeve portion recesses inward to form a wire groove, an electrode wire of the airflow sensor is connected with the core through the wire groove, and a wire hole corresponding to the wire groove is provided on a side wall of the upper sleeve portion because both Qiu and Liu ‘919 are directed to wire placement in aerosol generating devices connected to power supply components. Liu ‘919 teaches a heating wire placed in a groove in a lower sleeve of an atomization assembly to allow for secure and protected wire routing with the power supply [0038] and this merely involves combining the wire hole of Qiu with the sleeves and groove of Liu ‘919 according to known connection techniques to yield predictable results.
With regard to Claim 7, modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein the at least one vent hole communicating the air inlet channel with the vaporization cavity is provided on a bottom wall of the vaporization cavity
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Liu ‘519, directed to an electronic cigarette atomizer, teaches vent holes (Fig. 1: #28) in communication with an air inlet passage (Fig. 1: #16, [0034]), wherein the vent holes (Fig. 1: #28) are located at the bottom of the atomization cavity as shown in Figure 1. A person of ordinary skill in the art would be motivated to include the vent hole of Liu ‘519 to be in communication with the air inlet channel of Qiu to prevent smoke from accumulating and affecting the taste of the smoke during the next inhalation [0007].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporization cavity of modified Qiu to wherein at least one vent hole communicating the air inlet channel with the vaporization cavity is provided on a bottom wall of the vaporization cavity because both Qiu and Liu ‘519 are directed to easing airflow delivered to the user in aerosol generating devices. Liu ‘519 teaches a vent hole to prevent smoke from accumulating and affecting the taste of the smoke during the next inhalation [0007] and this merely involves applying a known vent feature to a known atomization cavity ready for improvement to yield predictable results.
With regard to Claim 8, modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein a plurality of vent holes are provided on the bottom wall of the vaporization cavity
Wherein an axial direction of each of the plurality of vent holes is perpendicular to an axial direction of the heating component
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Liu ‘519 teaches wherein (i) a plurality of vent holes (Fig. 3: #28) are provided at the bottom of an atomization cavity, wherein the atomization cavity is formed by an ultrasonic atomization piece (Fig. 1: #10). The plurality of vent holes (Fig. 3: #28) are provided in a lower fixing base (Fig. 3: #9) as shown in Figure 1. (ii) The vent holes (Fig. 3: #28) are arranged on the side wall of a connecting electrode (Fig. 3: #15, [0034]) and the ultrasonic atomization piece (Fig. 3: #10) is arranged vertically through the lower fixing base (Fig. 3: #9), meeting the claim limitation of wherein an axial direction of each of the plurality of vent holes is perpendicular to an axial direction of the heating component. A person of ordinary skill in the art would be motivated to apply a plurality of vent holes to the vaporization cavity of modified Qiu for airflow to disperse toward all directions to prevent airflow from being blocked [0034].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporization cavity of modified Qiu to comprise a plurality of vent holes are provided on the bottom wall; wherein an axial direction of each of the plurality of vent holes is perpendicular to an axial direction of the heating component because both Qiu and Liu ‘519 are directed easing airflow delivered to the user in aerosol generating devices. Liu ‘519 teaches a plurality of vent holes and guide groove to allow airflow to disperse toward all directions to prevent airflow from being blocked [0034] and this merely involves applying a known vent feature to a known atomization cavity ready for improvement to yield predictable results.
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With regard to Claim 9, Qiu teaches (i) an atomizing upper cover (Fig. 5: #13) that is pressed on the atomizing base (Fig. 5: #9, [0024], Line 20). (ii) The atomizing upper cover (Fig. 5: #13) comprises a through hole that receives an end of the ventilation pipe (Fig. 5: #14) in communication with the heat generating device (Fig. 5: #111, [0023], Lines 7-8).
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With regard to Claim 18, Qiu teaches (i) a top cover (Fig. 5: #19) positioned at the top of the battery assembly (Fig. 3: #20). (ii) A sealing cover (Fig. 5: #15) is provided from the top cover (Fig. 5: #19) in between the top cover (Fig. 5: #19) and the housing (Fig. 5: #18, [0023], Lines 10-11). An end of the ventilation pipe (Fig. 5: #14) extends through the sealing cover (Fig. 5: #15, [0023], Lines 12-13). (iii) A top cover limiting groove is fixed on the upper end of the housing (Fig. 5: #18), with the sealing cover in between (Fig. 5: #15, [0024], Lines 22-24), meeting the claim limitation of an edge dismounting groove surrounding the sealing plug.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu (EP 3420828 A1, as cited in IDS dated 02/23/2023), Lord (US 20160106154 A1), Liu (US 20150189919 A1), Liu (WO 2015003327 A1), Liu (US 20190150519 A1) and Nong (CN 210076577 U), as applied to claim 1 above, and further in view of Guo (US 20180140019 A1).
With regard to Claim 4, Qiu teaches all the limitations of the claims as set forth above, however Qiu is silent to:
Wherein a size of the air outlet channel decreases gradually in a direction away from the heating component
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Guo, directed to an atomizer and electronic cigarette, teaches wherein an air flow channel (Fig. 1: #108) has a size which gradually decreases from downstream to upstream [0034], away from the heating element (Fig. 1: #204). A person of ordinary skill in the art would be motivated to apply a decreasing size of the channel to the outlet channel of Qiu to allow air flow to be buffered and stop larger droplets of aerosol from flowing to the user [0034].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the size of the air outlet channel of modified Qiu to decrease gradually in a direction away from the heating component because both Qiu and Guo are directed to outlet channels delivering generated aerosol to a user. Guo teaches an air flow channel with a gradually decreasing size to allow air flow to be buffered [0034] and this merely involves applying a known sizing technique to a known outlet channel ready for improvement to yield predictable results.
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (EP 3420828 A1, as cited in IDS dated 02/20/2023), Lord (US 20160106154 A1), and Liu (US 20150189919 A1), Liu (WO 2015003327 A1), Liu (US 20190150519 A1), and Nong (CN 210076577 U), as applied to claims 1 and 9 above, and further in view of Liu (US 20150282528 A1, hereinafter referred to as Liu ‘528).
With regard to Claim 10, modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein the through hole comprises a first hole section and a second hole section that are in communication with each other sequentially from bottom to top
Wherein a lower end of the air outlet channel is embedded in a sealing manner in the second hole section and is in communication with the first hole section
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Liu ‘528, directed to an atomizer and electronic cigarette, teaches (i) a stepped hole (Fig. 3: #12) comprising a counterbore portion (Fig. 3: #121) and a through hole portion (Fig. 3: #122) in communication with each other [0046]. (ii) A smoke outlet (Fig. 3: #21) and the through hole portion (Fig. 3: #122) form an air outlet channel [0046], where the lower end of the channel is received in the through hole portion (Fig. 3: #122), while the two parts of the stepped hole are in communication with each other [0046]. A person of ordinary skill in the art would be motivated to apply the features of the stepped hole to modified Qiu to avoid leakage in the device and a smooth flow of smoke [0005].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the through hole of modified Qiu to comprise a first hole section and a second hole section that are in communication with each other sequentially from bottom to top; wherein a lower end of the air outlet channel is embedded in a sealing manner in the second hole section and is in communication with the first hole section because both Qiu and Liu ‘528 are directed to aerosol generating devices with means for sealing to prevent leakage. Liu ‘528 teaches two portions of a stepped through hole to avoid leakage in the device and ensure a functional air passage [0005] and this merely involves applying a known sectional technique to a known through hole of an aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 11, modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein an end surface of the lower end of the air outlet channel abuts against a step surface formed between the first hole section and the second hole section
Wherein a pore size of the lower end of the air outlet channel is the same as a pore size of the first hole section
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Liu ‘528 teaches (i) wherein the air outlet channel defined between the smoke outlet (Fig. 3: #21) and the through hole portion (Fig. 3: #122). A person of ordinary skill in the art would know that a counterbore refers to a flat-bottomed recess, meaning that the air outlet channel would be abutted against the counterbore portion (Fig. 3: #121) of the stepped hole (Fig. 3: #12). (ii) A person of ordinary skill in the art would also realize that for the air outlet channel to abut against the counterbore portion (Fig. 3: #121), the air outlet channel would need to match or closely match the inner diameter of the counterbore portion (Fig. 3: #122) to ensure a functional air passage, meeting the claim limitation of wherein a pore size of the lower end of the air outlet channel is the same as a pore size of the first hole section.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the air outlet channel of modified Qiu to wherein an end surface of the lower end of the air outlet channel abuts against a step surface formed between the first hole section and the second hole section; wherein a pore size of the lower end of the air outlet channel is the same as a pore size of the first hole section because both Qiu and Liu ‘528 are directed to aerosol generating devices with means for sealing to prevent leakage. Liu ‘528 teaches a counterbore portion in communication with the through hole portion, forming an air outlet channel, to ensure a functional air flow passage [0005].
Claims 12 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (EP 3420828 A1, as cited in IDS dated 02/20/2023), Lord (US 20160106154 A1), and Liu (US 20150189919 A1), Liu (WO 2015003327 A1), Liu (US 20190150519 A1), and Nong (CN 210076577 U), as applied to claims 1, 9, and 18 above, and further in view of Terry (US 20110277757 A1).
With regard to Claim 12, modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein a chamfer is arranged at a bottom part of the through hole
Terry, directed to an atomizer-vaporizer, teaches a chamfered surface with one or more holes [0121]. A person of ordinary skill in the art would be motivated to apply the chamfered surface to the through hole of Qiu to help improve air passing through to the heating component through suction from the user [0121].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the through hole of modified Qiu to comprise a chamfer is arranged at a bottom part of the through hole because both Qiu and Terry are directed to easing airflow delivered to the user in aerosol generating devices. Terry teaches a chamfered surface with one or more holes to help improve air passing through to the heating component through suction from the user [0121] and this merely involves the use of a known structural technique to improve a similar aerosol generating device in the same way.
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With regard to Claim 19, Qiu teaches wherein the top cover limiting groove (Fig. 6: #19-1) is formed at an end of the top cover (Fig. 6: #19). Figure 3 further shows wherein the top cover limiting groove (Fig. 6: #19-1) is positioned on the housing (Fig. 3: #18) at an inner wall of the top cover (Fig. 6: #19). Modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein the mouthpiece sleeve is integrally formed by a silicone material
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Terry teaches wherein a mouthpiece cover (Fig. 2: #114) may comprise silicone rubber. A person of ordinary skill in the art would be motivated to apply the material of Terry to the mouthpiece sleeve of modified Qiu to easily remove the cover without tools [0102].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the mouthpiece sleeve of modified Qiu to be integrally formed by a silicone material because both Qiu and Terry are directed mouthpiece covers in aerosol generating devices. Terry teaches a mouthpiece cover comprising silicone rubber to be able to easily remove the cover without tools [0102] and this merely involves the applying a known material to a known mouthpiece cover of an aerosol generating device ready for improvement to yield predictable results.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu (EP 3420828 A1, as cited in IDS dated 02/23/2023), Lord (US 20160106154 A1), Liu (US 20150189919 A1), Liu (WO 2015003327 A1), Liu (US 20190150519 A1), and Nong (CN 210076577 U), as applied to claims 1 and 9 above, and further in view of Chen (US 20150342258 A1).
With regard to Claim 13, modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein the vaporization base comprises an elastic material
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Chen, directed to a cartridge for electronic cigarette, teaches a resilient cover (Fig. 4: #45) that is positioned at the end of the reservoir chamber (Fig. 4: #43), above the atomizer (Fig. 4: #20). The resilient cover can be made from elastic material [0045]. A person of ordinary skill in the art would be motivated to modify the vaporization base of modified Qiu to be made of elastic material to prevent or significantly reduce leakage of remaining liquid in the reservoir chamber and prevent contamination of the liquid solution to the atomizer [0050].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporization base of modified Qiu to comprise an elastic material because both Qiu and Chen are directed to aerosol generating devices with means for sealing to prevent leakage. Chen teaches a resilient cover made from elastic material to prevent or significantly reduce leakage of remaining liquid in the reservoir chamber and prevent contamination of the liquid solution to the atomizer [0050] and this merely involves the use of a known material to improve a similar aerosol generating device in the same way.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (EP 3420828 A1, as cited in IDS dated 02/20/2023), Lord (US 20160106154 A1), Liu (US 20150189919 A1), Liu (WO 2015003327 A1), Liu (US 20190150519 A1), and Nong (CN 210076577 U), as applied to claims 1 and 9 above, and further in view of Liu (CN 106659244 B, hereinafter citations referring to English Machine Translation and referred to as Liu ‘244).
With regard to Claim 14, modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein the vaporization base comprises a sleeve arranged on a lower part and a body portion arranged on an upper part
Wherein the sleeve part is annular
Wherein the sleeve part is sleeved in a sealing manner between the shell and the heating base
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Liu ‘244, directed to an electronic cigarette, teaches (i) an atomizer cover (Fig. 3: #23), wherein an atomizer sleeve (Fig. 3: #21) is on an end of the atomizer cover [0008]. The atomizer cover comprises an upper part that is not within the sleeve (Fig. 3: "U"). (ii) The atomizer sleeve (Fig. 3: #21) is a cylindrically shaped component, made to contain an electric heating wire assembly [0052]. A person of ordinary skill in the art would realize that the cylindrical sleeve would comprise a hollow tubular structure with an inner space to comprise the electric heating wire assembly, being an annular form.
(iii) The atomizer sleeve is contained within the outer shell (Fig. 1: "S") of the device and outside of the atomizer electric heating wire component (Fig. 1: #23). A person of ordinary skill in the art would be motivated to combine the location of the heating base of modified Qiu with the sleeve of Liu ‘244 because both relate to the same general heating element structure within the device and an addition of the heating base will allow the heating element to be supported.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporization base of modified Qiu to comprise a sleeve arranged on a lower part and a body portion arranged on an upper part; wherein the sleeve part is annular and sleeved in a sealing manner between the shell and the heating base because both Qiu and Liu ‘244 are directed to aerosol generating devices with means for sealing to prevent leakage. Liu ‘244 teaches an atomizer sleeve that prevents smoke oil from entering an atomizer core [0008] and this merely involves the applying a known sleeve component to improve a known aerosol generating device ready for improvement to yield predictable results.
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With regard to Claim 15, Qiu teaches (i) a heat-generating device (Fig. 6: #111) in the shape of a rod, meeting the claim limitation of wherein the heating component is elongated. (ii) Electrode contact sheets with latching grooves (Fig 6: #10-1) are provided on each end of the sheet on the atomizing base (Fig. 5: #9). An anode and cathode of the heater of the heat-generating device (Fig. 6: #111) is placed into the latching grooves ([0020], Lines 36-39). (iii) The atomizing upper cover (Fig. 5: #13) comprises two downwardly extended portions (Fig. 6: "A"), wherein the heat-generating device is fixed between the atomizing upper cover (Fig. 5: #13) and the atomizing base (Fig. 5: #9), and the atomizing upper cover (Fig. 5: #13) is pressed on the atomizing base (Fig. 5: #9, [0023], Lines 5-7).
A person of ordinary skill in the art would realize by the downwardly extended portions (Fig. 6: "A") in Figure 6, and the contact between the atomizing upper cover (Fig. 5: #13) and the atomizing base (Fig. 5: #9), that the downwardly extended portions (Fig. 6: "A") would rest on the part of the atomizing base (Fig. 5: #9) before it reaches the platform (Fig. 6: "P"), meeting the claim limitation of the bottom part of the body portion. (iv) A person of ordinary skill in the art would also realize that since the heat-generating device is fixed between the atomizing upper cover (Fig. 5: #13) and the atomizing base (Fig. 5: #9), the two downwardly extended portions (Fig. 6: "A") would hold down the heat-generating device (Fig. 6: #111) to secure its position with the atomizing base (Fig. 5: #9), meeting the claim limitation of the two pressing portions firmly pressing the two ends of the heating component.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu (EP 3420828 A1, as cited in IDS dated and hereinafter referred to as Qiu '828), Lord (US 20160106154 A1), Liu (US 20150189919 A1), Liu (WO 2015003327 A1), Liu (CN 106659244 B), Liu (US 20190150519 A1), and Nong (CN 210076577 U), as applied to claims 1, 9, and 14 above, and further in view of Qiu (WO 2020083044 A1, hereinafter citations referring to English language equivalent US 20210235756 A1 and referred to as Qiu’ 044) and Qiu (US 20190021395 A1, hereinafter referred to as Qiu ‘395).
With regard to Claim 16, modified Qiu '828 teaches all the limitations of the claims as set forth above, however modified Qiu '828 is silent to:
Wherein an air guide channel communicating the liquid storage cavity with outside is formed
Wherein an air guide channel is formed on an outer wall of the sleeve part
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In regards to i., Qiu '044, directed to a cartridge and electronic cigarette, teaches an air inlet channel (Fig. 4: #111) provided in a liquid storage tube (Fig. 4: #11). An air inlet hole (Fig. 4: #113) is in communication with the air inlet channel (Fig. 4: #111) to bring in air from an outside atmosphere [0045].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the liquid storage cavity of modified Qiu ‘828 to wherein an air guide channel communicating the liquid storage cavity with outside is formed because both Qiu ‘828 and Qiu ‘044 are directed to aerosol generating device with a means for communicating with an external environment to receive air. Qiu ‘044 teaches an air inlet channel within a liquid storage tube to bring in air from an outside atmosphere and be brought to a user’s mouth [0045] and this merely involves applying a known communication technique to a known liquid storage cavity of an aerosol generating device ready for improvement to yield predictable results.
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In regards to ii., Qiu '395, directed to a cartridge and electronic cigarette, teaches an air intake hole (Fig. 1: #11) in communication with an air intake passage (Fig. 1: #22), at an upper end of a first external sleeve (Fig. 1: #241, [0046]. A person of ordinary skill in the art would be motivated to combine the air inlet channel of modified Qiu '044 and the placement of the channel in relation to a sleeve of Qiu '395 to prevent leakage from the liquid storage chamber [0046].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the sleeve of modified Qiu ‘828 to wherein an air guide channel is formed on an outer wall of the sleeve part because both Qiu ‘828 and Qiu ‘395 are directed to aerosol generating device with a means for communicating with an external environment. Qiu ‘395 teaches an air intake passage at an upper end of a first external sleeve to prevent leakage from the liquid storage chamber [0046] and this merely involves applying a known communication technique between a known passage and sleeve of an aerosol generating device ready for improvement to yield predictable results.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu (EP 3420828 A1, as cited in IDS dated 02/23/2023), Lord (US 20160106154 A1), Liu (US 20150189919 A1), Liu (WO 2015003327 A1), Liu (US 20190150519 A1), Nong (CN 210076577 U), Liu (CN 106659244 B), Qiu (WO 2020083044 A1, hereinafter referred to as Qiu ‘044), and Qiu (US 20190021395 A1, hereinafter referred to as Qiu ‘395), as applied to claims 1, 9, 14, and 16 above, and further in view of Liu (US 20140261498 A1, hereinafter referred to as Liu ‘498).
With regard to Claim 17, modified Qiu '828 teaches all the limitations of the claims as set forth above, however modified Qiu '828 is silent to:
Wherein the air guide channel comprises a plurality of annular grooves surrounding an outer peripheral wall of the sleeve part
A plurality of air inlet openings communicating the plurality of annular grooves with each other
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Liu ‘498, directed to an electronic cigarette, teaches (i) a set of first grooves (Fig. 3: #112) and second grooves (Fig. 3: #114), on an outer wall of a sleeve (Fig. 2: #20, [0010]). The first and second grooves (Fig. 3: #122) form a channel for atomized smoke to flow [0036]. (ii) The first and second grooves (Fig. 3: #112, #114) are in communication with each other [0013] and further communicate with inhaling holes (Fig. 2: #200) to cooperatively form the channel [0036]. A person of ordinary skill in the art would be motivated to apply the plurality of grooves and inhaling holes of Liu ‘498 to the air guide channel of modified Qiu to avoid inhaling cigarette liquid and filter small particles contained in the atomized smoke [0041].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the air guide channel of modified Qiu to comprise a plurality of annular grooves surrounding an outer peripheral wall of the sleeve part and a plurality of air inlet openings communicating the plurality of annular grooves with each other because both Qiu and Liu ‘498 are directed to inlets with a means for communicating with an external environment. Liu ‘498 teaches a plurality of grooves and inhaling holes to avoid inhaling cigarette liquid and filter small particles contained in the atomized smoke [0041] and this merely involves using multiple of a component to improve a similar aerosol generating device in the same way.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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