DETAILED ACTION
Response to Arguments
Applicant’s arguments filed 11/13/2025 with respect to the 102 and 103 rejections. have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made as detailed below.
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 12-14 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. Claims 12-13 recite the limitation "the exhaust portion". There is insufficient antecedent basis for this limitation in the claim. For examination purposes, claim 12 will be interpreted to depend from claim 7.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-11 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (US 2022/0378104).
Regarding claim 1, Liu [Fig. 1-3; 0025] teaches atomization tube 6 configured to be disposed within a liquid storage cavity 5 of an electronic cigarette device, comprising: a tubular first portion (portion surrounding cylindrical ring 7 and heating element 8) configured to receive a heating element 8 (heating core); and a tubular second portion (upper portion of tube 6 above cylindrical ring 7); wherein the tubular first portion includes an inlet hole 6-2 and an exhaust hole 6-1; and wherein liquid enters the tubular first portion from the liquid storage cavity through the inlet hole to contact the heating core. As hole 6-1 is described for allowing air flow, it is interpreted as capable of allowing for air exhaust as well.
Regarding claim 2, Liu teaches the exhaust hole 6-1 is disposed on the tubular first portion adjacent an upper portion of the heating core 8 [Fig. 3].
Regarding claim 3, Liu teaches the inlet hole 6-2 is disposed on the tubular first portion towards a bottom of the liquid storage cavity [Fig. 2-3].
Regarding claim 4, Liu teaches tubular first portion includes cotton wrapped around the heating core 8 [0025].
Regarding claim 5, Liu teaches a cylindrical ring 7 (blocking member) disposed in the tubular first portion between the heating core 8 and the tubular second portion [Fig. 3].
Regarding claim 6, Liu teaches the exhaust hole 6-1 is disposed on the tubular first portion adjacent a portion of the blocking member 7 [Fig. 3].
Regarding claims 7-10 and 16-18, Liu teaches the blocking member 7 includes a bottom flange and a tubular portion [Fig. 3]. The bottom flange corresponds to the claimed abutment portion configured to abut against an inner wall of the atomization tube. Liu teaches an air passage is defined by the inner wall of the atomization tube 6 and the outer wall of the blocking member 7 (tubular portion) [0025], i.e. a gap is formed therebetween for air passage. Thus, the tubular portion is an exhaust portion, an outer diameter of the abutment portion is greater than an outer diameter of the exhaust portion, a distance between an outer diameter of the exhaust portion and the inner wall of the atomization tube surrounding the exhaust portion defines a gap between the exhaust portion and a portion of the atomization tube surrounding the exhaust portion, and abutment of the abutment portion against the inner wall of the atomization tube aligns the exhaust portion with the exhaust hole 6-1, and whereby gas flows between the exhaust portion and the exhaust hole. The exhaust portion is arranged at the end of the abutment portion which is away from the heating core 8 and the gap allows for communication between the exhaust hole 6-1 and atmosphere.
Regarding claim 11, Liu teaches the blocking member 7 includes a central channel extends through which gas passes from the heating core 8 into the tubular second portion [Fig. 3-4].
Regarding claim 15, Liu teaches the heating core is configured to vaporize liquid, and the tubular second portion is configured to guide vaporized liquid upwards [0016].
Regarding claim 19, Liu [Fig. 1-3; 0025] teaches atomization tube 6 configured to be disposed within a liquid storage cavity 5 of an electronic cigarette device, comprising: a tubular first portion (portion surrounding cylindrical ring 7 and heating element 8) having a first outer diameter and configured to receive a heating element 8 (heating core); and a tubular second portion (upper portion of tube 6 above cylindrical ring 7) having a second diameter, the second diameter less than the first diameter; wherein the tubular first portion includes an inlet hole 6-2 and an exhaust hole 6-1, the exhaust hole extending radially through the tubular first portion; and wherein liquid enters the tubular first portion from the liquid storage cavity through the inlet hole 6-2 to contact the heating core 8. As hole 6-1 is described for allowing air flow, it is interpreted as capable of allowing for air exhaust as well.
Regarding claim 20, Liu [Fig. 1-3; 0025] teaches atomization tube 6 configured to be disposed within a liquid storage cavity 5 of an electronic cigarette device, comprising: a tubular first portion (portion surrounding cylindrical ring 7 and heating element 8) having a first outer diameter and configured to receive a heating element 8 (heating core); a tubular second portion (upper portion of tube 6 above cylindrical ring 7) having a second diameter, the second diameter less than the first diameter; and a cylindrical ring 7 (blocking member) arranged in the tubular first portion, wherein the tubular first portion includes an inlet hole 6-2 and an exhaust hole 6-1, the exhaust hole 6-1 extending radially through the tubular first portion; wherein liquid enters the tubular first portion from the liquid storage cavity through the inlet hole to contact the heating core 8. Liu teaches an air passage is defined by the inner wall of the atomization tube 6 and the outer wall of the blocking member 7 [0025], i.e. such that a gap is formed between an outer diameter of the blocking member and an inner diameter of the tubular first portion.
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 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Liu as applied to claim 7 above, and further in view of Althorpe (US 2017/0360092).
Liu as shown in Fig. 3-4 teaches the blocking member 7 includes at its upper tip end a chamfer portion. Liu does not teach a protruding portion. Althorpe teaches an electronic cigarette wherein a vapor conduit comprising a chamfer portion together with a reduced diameter protruding portion extending therefrom may reduce the likelihood of condensation [Fig. 8; 0072]. It would have been obvious to one of ordinary skill in the art to include this protruding portion at the end of the blocking member of Liu to reduce the likelihood of condensation Thus, the chamfer portion is disposed between the protruding portion and the exhaust portion and the protruding portion has a smaller outer diameter than the outer diameter of the exhaust portion. Claim 14 does not recite any required structure of the atomizing tube to distinguish the claimed atomization tube from that of modified Liu. The atomization tube of modified Liu thereby reads on the present limitations.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC YAARY whose telephone number is (571)272-3273. The examiner can normally be reached M-F 9-5.
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/ERIC YAARY/Examiner, Art Unit 1755
