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 1-20 are pending and are subject to this Office Action.
Claims 2- 17 are withdrawn.
Claims 1 and 19 are amended.
Response to Amendment
The Examiner acknowledges Applicant’s response filed on 3/23/2026 containing
amendments and remarks to the claims.
The rejection of claims 1 and 18-19 under 35 USC 112(b) has been withdrawn due to the amendment to claim 1.
Response to Arguments
Applicant's arguments filed 3/23/2026 have been fully considered but they are not persuasive.
On page 9, the Applicant argues that Potter fails to teach or suggest “a liquid absorbing portion arranged at the section of the start channel disposed between the vaporization cavity and the airflow sensor”. The Examiner does not find this to be persuasive. Fig. 7 of Potter shows 179/194 (i.e. a liquid absorbing portion) between the vaporization cavity (as 179/194 is below area 130 nearest 135/140) and the airflow sensor (puff detector 160).
On page 10, the Applicant further argues that air passage 130 is analogous to the claimed vaporization cavity. The Examiner does not find this to be persuasive. As the area 130 nearest 135/140 would have the vapor produced from wick 140 transporting liquid towards heater 135 for vaporization ([0025]), this area is considered to be the claimed vaporization cavity. Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. See MPEP § 2111.01.II.
On page 10, the Applicant further argues that the start channel of Potter does not extend all the way from air inlet 120 to air outlet 118, but from air inlet 120 to the end of convoluted pathway way. The Examiner does not find this to be persuasive. As the combination of the air inlet 170, airflow pathway 172, airflow channel 130 and mouthpiece 118 can be considered to form or represent the primary airflow path ([0032]), this entire airflow path is considered to be the start channel. Though understanding the claim language may be aided by explanations contained in the written description, it is important not to import into a claim limitations that are not part of the claim. See MPEP § 2111.01.II.
This action has been made Non-Final due to change of grounds of rejection from rejected under 102(a)(2) as being anticipated by US2021/0274846 to being rejected under 102(a)(1) and/or 102(a)(2) as being anticipated by WO2020/002924.
The following is a modified rejection based on amendments made to the claims.
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)(1) and/or 102(a)(2) as being anticipated by Potter (WO2020/002924).
Regarding claim 1, Potter discloses an electronic vaporization device (e-cigarette 100, fig. 1, page 4, second paragraph), comprising:
a suction nozzle portion (outer shell 125 structured as a mouthpiece, page 4, third paragraph);
a vaporization cavity (area 130 nearest 135/140, figs. 1 and 7, page 8, first paragraph);
an airflow sensor (puff detector 160, figs. 1 and 7, page 6, first paragraph);
a start channel (see arrows indicating airflow path from 170 to 118 in fig. 1), 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 section of the start channel is disposed between the vaporization cavity and the airflow sensor (portion of the channel that is below inner wall 112, see figs. 1 and 7, and thus below the vaporization cavity); and
a liquid absorbing portion (sump 179 provided with an absorbent material 194; page 16, second paragraph. As page 9, third paragraph explains “the illustrated portion depicted in figs. 2-8 corresponds generally to the portion of fig. 1 identified by the dashed-box labelled A”. Thus, this embodiment in fig. 7 includes all of the structure in fig. 1 outside of Box A and therefore anticipates the claim) arranged at the section of the start channel disposed between the vaporization cavity and the airflow sensor (as shown in fig. 7);
the liquid absorbing portion being configured to absorb liquid flowing through the start channel through a capillary force (the absorbent material may comprise a porous material for example a sponge or foam material, page 16, second paragraph).
Regarding 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; page 5, last paragraph), 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).
Regarding claim 19, Potter discloses the electronic vaporization device of claim 18, further comprising: a liquid storage tank (Fig. 7, liquid reservoir 110; page 5, first paragraph), wherein the vaporization channel (130) comprises the vaporization cavity (as shown in figs. 1 and 7), the vaporization core (135/140) is arranged in the vaporization cavity (Figs. 1 and 7, 130) the vaporization core is configured to vaporize liquid from the liquid storage tank (page 5, third paragraph), 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).
Regarding claim 20, Potter discloses the electronic vaporization device of claim 1, wherein the start channel includes a first airway section (bottom portion of 130 below inner wall 112, fig. 7) and a second airway section (section between 160 and entrance into 130, fig. 7), the first airway section having a sidewall extending laterally across an entire upper surface of the liquid absorbing portion (as shown in fig. 7) and the second airway section being perpendicular to the first airway section (as shown in fig. 7).
See annotated figure 7 below depicting the first airway section, second airway section, and the sidewall extending laterally across the entire upper surface of the liquid absorbing portion.
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Annotated Figure 7
Conclusion
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/N.A.S./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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