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 .
Election/Restrictions
Applicant’s election of Species 1 in the reply filed on 09/25/2025 is acknowledged. Because applicant did not distinctly and specifically point out any errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
In making the election of Species 1, Applicant states “Applicant respectfully submits that claims 5–7 correspond to Species 1 and that claims 1–4, 8, and 18–19 are generic.”
Examiner telephoned Applicant's Representative to discuss the elected Species 1 and to clarify that Species 1 only captures claims 1 and 18–19. As a result of the phone call, Applicant's Representative understood Species 1 captures claims 1 and 18–19 (not 2–4 and 8) and requested examination of the same. Accordingly, claims 1 and 18–19 are examined and claims 2–17 are withdrawn. The following explains for the record why only claims 1 and 18–19 are captured in Species 1.
Species 1 is drawn to a liquid absorbing member according to a first embodiment comprising a liquid storage element 211 arranged in an entire space of the liquid absorbing element accommodating space as illustrated in Applicant’s Specification filed on 02/24/2023 (“Specification”) in Fig. 2 and discussed in paras. 0053–55. Please see reproduction below:
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[0053] In the first embodiment, the liquid absorbing element accommodating cavity 13 is provided with the liquid absorbing portion 21 inside, and the liquid absorbing portion 21 includes a porous liquid storage element 211. The porous liquid storage element 211 is arranged in an entire space of the liquid absorbing element accommodating cavity 13. The porous liquid storage element 211 is a liquid storage cotton or porous ceramic. The liquid diffuses in the porous liquid storage element 211 in a direction from a position close to the second airway section 12 to a position away from the second airway section 12. During use, the porous liquid storage element 211 may be replaced after the porous liquid storage element 211 is full of the liquid or a liquid absorbing speed becomes slow, which can prevent liquid from staying in the start channel 1 as much as possible, and prevent the liquid from soaking the airflow sensor 2, thereby improving the performance of the electronic vaporization device.
[0054] It may be understood that, the porous liquid storage element 211 may fill part of or the entire liquid absorbing element accommodating cavity 13; and even after the porous liquid storage element 211 fills the entire liquid absorbing element accommodating cavity 13, a part of the first airway section 11 is also provided with the porous liquid storage element 211 inside, so that the porous liquid storage element 211 has a maximum liquid absorption capability. When the liquid absorbing portion 21 includes a material that expands upon liquid absorption, the material fills only a part of the liquid absorbing element accommodating cavity 13.
[0055] It may be understood that, the extending direction of the first airway section 11 may also be not perpendicular to the extending direction of the second airway section 12, as long as a certain included angle is formed to meet a requirement. The second airway section 12 is a closed tubular structure. The first airway section 11 is also a tubular structure, but the side wall where the first airway section 11 is connected with the liquid absorbing element accommodating cavity 13 has an opening, so that the liquid absorbing element accommodating cavity 13 is in communication with the first airway section 11.
Specification, Fig. 2 and paras 0053–55.
This elected Species 1 only captures a porous liquid storage element. That is, the elected species lacks a capillary liquid guiding structure, which is disclosed as being a plurality of capillary grooves provided side by side and/or a plurality of fins. See Specification filed on 02/24/2023, paras. 0027–31. Claims 2–17 capture various aspects of a liquid absorbing portion with a capillary liquid guiding structure which is not elected.
Accordingly, Applicant’s election of Species 1 captures claims 1 and 17–18.
Claims 2–17 are withdrawn as being directed non-elected Species 2–6.
Information Disclosure Statement
The foreign references identified in the Information Disclosure Statements filed on 02/24/2023, 12/05/2023, and 04/16/2025 were searched for corresponding US Patents, Publications, or other English equivalents. Please see below:
CN 111329115 = No US or other English Equivalents located;
CN 111109664 = US 20210212375;
CN 210492612 = No US or other English Equivalents located;
CN 105916399 = US 20200281269;
CN 111163656 = US 20210186100;
CN 108289510 = US 20170172210;
WO 2020165131 = US 20220117302;
WO 2020002924 = US 20210274846;
WO 2019170032 = No US or other English Equivalents located;
CN 211211454 = US 20220369719;
CN 212911674 = No US or other English Equivalents located;
CN 108135258 = US 20210120874;
CN 110613172 = US 20220218038.
Of the above, US 20210212375, US 20200281269, US 20210186100, US 20170172210, US 20220117302, US 20210274846, US 20220369719, US 20210120874, and US 20220218038 are being cited in the attached PTO-892 because they are not already of record.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
That is, no limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 and 18–19 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.
As to claim 1, the term “close to” is a relative term which renders the claim indefinite. The term “close to” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Simply stated, one of ordinary skill in the art is unable to determine when a liquid absorbing portion is considered “close to” or not “close to” the airflow sensor of claim 1.
For the purposes of searching and throughout the remainder of this action, Examiner will assume any liquid absorbing portion arranged in start channel and configured to absorb liquid flowing through the start channel arrives at “a liquid absorbing portion is arranged at a section of the start channel close to the airflow sensor.”
Claims 18–19 are rejected for the same reasons via their dependency on claim 1.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 18–19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Potter US 20210274846 (“POTTER”).
As to claim 1, POTTER’s Fig. 7 anticipates claim 1. However, discussion begins with Fig. 1 because Fig. 1 most clearly describes the airflow sensor within context of the suction nozzle and start channel.
POTTER’s Fig. 1 discloses an electronic vaporization device, comprising:
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a suction nozzle portion (125);
an airflow sensor (160; [0026]); and
a start channel (see arrows indicating airflow path from 170 to 118), one end of the start channel being in communication with the suction nozzle portion (upper end near 118) and an other end of the start channel being in communication with the airflow sensor (near 170),
wherein a liquid retaining/trapping portion (179; [0048]) is arranged at a section of the start channel close to the airflow sensor (160; see Fig. 1) and is configured to retain/trap liquid flowing through the start channel ([0048]).
POTTER’s embodiment in Fig. 1 cannot anticipate because it fails to disclose that the liquid retaining portion is configured to absorb liquid flowing through the start channel through a capillary force. Please see reproduction below:
However, POTTER’s Fig. 7 anticipates because its liquid absorbing portion includes a capillary liquid absorbing member (194/179; [0062–63]) together with all of the structures in Fig. 1 outside of Box A. See POTTER at [0038] (explaining that “the illustrated portion depicted in FIGS. 2-8 corresponds generally to the portion of FIG. 1 identified by the dashed-box labelled A.”). This is graphically illustrated below:
[Intentionally Blank]
Accordingly, POTTER’s Fig. 7 anticipates claim 1 even though some of the structures in the embodiment in Fig. 7 are only referenced within the context of Fig. 1.
As to claim 18, POTTER discloses the electronic vaporization device of claim 1 (Fig. 7), further comprising: an air inlet (illustrated in Fig. 1 at 170); and a vaporization channel (Fig. 7, 130), wherein the vaporization channel is in communication with the air inlet and the suction nozzle portion (Fig. 1 and 7), the vaporization channel is provided with a vaporization core (Fig. 7, 135/140; [0024] and [0058]), and the vaporization channel is in fluid communication with the start channel (Fig. 1. Again, Fig. 7 has all the components of Fig. 1 outside of Box A in Fig. 1).
Accordingly, POTTER’s Fig. 7 anticipates claim 18 even though some of the structures in the embodiment in Fig. 7 are only referenced within the context of Fig. 1 ([0038]).
As to claim 19, POTTER discloses the electronic vaporization device of claim 18, further comprising: a liquid storage tank (Fig. 7, 110; [0024]), wherein the vaporization channel (130) comprises a vaporization cavity (area 130 nearest 135/140), the vaporization core (135/140) is arranged in the vaporization cavity (Fig. 1, 130) the vaporization core is configured to vaporize liquid from the liquid storage tank ([0024]), and the liquid absorbing portion (Fig. 7, 194) is arranged between the vaporization core (Fig. 7, 135/140) and the airflow sensor (Fig. 7, 160).
Accordingly, POTTER’s Fig. 7 anticipates claim 19 even though some of the structures in the embodiment in Fig. 7 are only referenced within the context of Fig. 1 ([0038]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2018055334 discloses a sensor configuration similar to Applicant’s disclosure:
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US 20160073692 discloses an absorbent material can be placed in the annular reservoir 479 [0172].
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANLEY L CUMMINS IV whose telephone number is (571)272-1060. The examiner can normally be reached Monday-Friday 9:30 a.m. - 6:00 p.m. (CST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H. Wilson can be reached at (571) 270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MANLEY L CUMMINS IV/Primary Examiner, Art Unit 1747