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 1-28 are pending and are subject to this Office Action. Claims 1, 7, and 12 are amended.
Response to Amendments
The amendments to the claims filed on February 26, 2026 are acknowledged. The 112(b) rejection of claims 8, and 12-14 have been withdrawn due to the amendments.
Response to Arguments
Applicant' s arguments, filed February 26, 2026, with respect to the rejection(s) of claims 1-28 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claim 1 to include a limitation that was not previously presented and that the previously applied prior art does not disclose: “wherein at least one first channel of the plurality of first channels is a grooved channel with grooves extending in a direction along a longitudinal axis of the fluid passageway of the grooved channel.” Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the previously applied references in combination with a newly found prior art reference. The following is a modified rejection based on amendments made to the claims.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-4, 6-9, 15-21, and 23-28 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 2023/0218000 A1) in view of Chen (US 2024/0373932 A1).
Regarding Claim 1, Zhang, directed to vaporizer devices ([0005], Vaporizer devices can be used for delivery of an aerosol), teaches a cartridge for a vaporizer device ([0005], an atomizing structure, an atomizer, and an aerosol generating device are provided. [0055]-[0056], Fig. 1; Atomizing structure 100 comprises a heating element 120 configured to heat and vaporize a liquid atomizing medium to generate an aerosol. [0071], Figs. 11-15 show an atomizer comprising the atomizing structure 100 and liquid storing structure 200. [0084], Fig. 19; The aerosol generating device of Fig. 19 comprises an atomizer (atomizing structure 100 and elements 200/300) and a power supply structure 400. The atomizer is a cartridge, and the aerosol generating device is a vaporizer device) the cartridge comprising:
a cartridge housing including a reservoir configured to selectively contain vaporizable material ([0071]-[0073], Figs. 11-15 show an atomizer (cartridge) comprising atomizing structure 100 and liquid storing structure 200. Fig. 15 shows that the liquid storing structure 200 comprises a housing 240 (cartridge housing) including a liquid storing cavity 260 (reservoir) configured to selectively contain a liquid atomizing medium (vaporizable material)); and
a vaporization channel extending at least partially through the cartridge housing, the vaporization channel configured to allow fluid to pass therethrough from an atomizer to an outlet of the cartridge ([0071]-[0073], [0081], Figs. 11-15 show an atomizer (cartridge) comprising atomizing structure 100 and liquid storing structure 200. Atomizing structure 100 comprises a vaporization channel defined by first air channel 191, second air channel 192, and ventilation tube 150 extending at least partially through the cartridge housing. Aerosol (fluid) is configured to flow through the vaporization channel from a heating element 120 (atomizer) to first communication portion 211 and second communication portion 231 at the outlet of the cartridge), the vaporization channel comprising
a plurality of first channels, wherein each first channel creates a fluid passageway that extends from a first end to a second end of the first channel ([0071]-[0075], Figs. 11-15; Atomizing structure 100 comprises a first air channel 191, second air channel 192. [0066], In one embodiment, at least two first air channels 191 are provided, and the at least two first air channels 191 are evenly distributed. Each of the air channels 191, 192 can be regarded as a first channel wherein each first channel creates a fluid passageway that extends from a first end to a second end of the first channel),
the first end being proximate to the atomizer ([0071]-[0075], Figs. 11-15; Atomizing structure 100 comprises a first air channel 191, second air channel 192. The first end of each air channel 191, 192 (first channel) is proximate to the heating element 120 (atomizer) such that aerosol is carried through the channels to the ventilation tube 150), and
at least one second channel in fluid communication with and downstream of the plurality of first channels ([0071]-[0075], Figs. 11-15; Atomizing structure 100 comprises ventilation tube 150 (second channel) in fluid communication with and downstream of the second end of each air channel 191, 192 (first channel)),
the at least one second channel being proximate to the outlet ([0071]-[0075], [0081], Figs. 11-15; Ventilation tube 150 (second channel) is proximate to first communication portion 211 and second communication portion 231 at the outlet of the cartridge);
wherein the plurality of first channels remains open to allow vaporized material to pass therethrough and into the at least one second channel ([0071]-[0075], Figs. 11-15; The air channels 191, 192 (plurality of first channels) remains open to allow aerosol (vaporized material) to pass therethrough and into the ventilation tube 150 (second channel)),
but does not teach the cartridge wherein at least one first channel of the plurality of first channels is a grooved channel with grooves extending in a direction along a longitudinal axis of the fluid passageway of the grooved channel such that the fluid passageway of at least one of the grooved channel and another first channel remains open to allow vaporized material to pass therethrough and into the at least one second channel.
Chen, directed to vaporizer devices ([0001]-[0002]), teaches a vaporizer device ([0052], Figs. 8-9; As shown in FIG. 8 and FIG. 9, an atomization heating device comprises a housing 10, a mouthpiece 20 and a liquid tank 30, wherein the atomization heating assembly 40 in Embodiment 1 is arranged below the liquid tank 30) comprising:
a vaporization channel ([0040], [0052], Figs. 1-9; Embodiment 1: The atomization heating assembly 40 comprises a porous liquid transfer unit 100 and a magnetically conductive porous heating unit 200. Heating unit 200 generates heat to atomize the cigarette liquid into atomized steam, and the atomized steam is mixed with air to form aerosol. [0045]-[0046], The axial hole through heating unit 200 is a vaporization channel),
wherein the vaporization channel is a grooved channel with grooves extending in a direction along a longitudinal axis of a fluid passageway of the grooved channel such that the fluid passageway of the grooved channel remains open to allow vaporized material to pass therethrough ([0042], [0045]-[0046], Figs. 3-4; An air guide member 300 configured to guide air and enlarge the atomization area is arranged on the atomization surface 21 of the magnetically conductive porous heating unit 200 in the airflow direction (along a longitudinal axis of the fluid passageway of the grooved channel). The air guide member 300 may be an air guide groove, the extension direction of the air guide groove is consistent with the airflow direction, and the air guide groove forms an air guide passage. Multiple air guide grooves may be arranged, gaps are reserved between the air guide grooves, and air flows along the air guide grooves, thus increasing the flow rate of air. Aerosol (vaporized liquid and air) passes through the grooved axial hole within heating unit 200).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cartridge of Zhang wherein at least one first channel of the plurality of first channels is a grooved channel with grooves extending in a direction along the fluid passageway of the grooved channel such that the fluid passageway of the grooved channel remains open to allow vaporized material to pass therethrough as taught by Chen because Zhang and Chen are directed to vaporizer devices, Chen demonstrates that providing a vaporization channel with grooves extending in a direction along a longitudinal axis of the fluid passageway of the channel increases the air flow rate (Chen, [0045]-[0046]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 2, Zhang in view of Chen teaches the cartridge of claim 1. Zhang further teaches the cartridge wherein at least one first channel of the plurality of first channels has a cross-section that tapers towards the outlet of the cartridge ([0071]-[0075], Figs. 11-15; First air channel 191 has a cross-section that tapers towards elements 211,231 (the outlet of the cartridge). First air channel 191 narrows before exiting the atomizing core assembly 110).
Regarding Claim 3, Zhang in view of Chen teaches the cartridge of claim 18. Zhang further teaches the cartridge wherein the vaporization channel comprises a first segment and a second segment that is downstream of the first segment ([0071]-[0073], Figs. 11-15; Atomizing structure 100 comprises a vaporization channel defined by first air channel 191, second air channel 192, and ventilation tube 150. First air channel 191 and second air channel 192 form the first segment. Ventilation tube 150 forms the second segment), and
wherein the first segment includes the plurality of first channels ([0071]-[0073], Figs. 11-15; First segment (first air channel 191 and second air channel 192) includes the plurality of first channels),
the first segment having a cross-section that tapers towards the outlet of the cartridge ([0071]-[0075], Figs. 11-15; First air channel 191 has a cross-section that tapers towards elements 211,231 (the outlet of the cartridge). First air channel 191 narrows before exiting the atomizing core assembly 110).
Regarding Claim 4, Zhang in view of Chen teaches the cartridge of claim 3. Zhang further teaches the cartridge wherein the second segment includes the at least one second channel ([0071]-[0073], Figs. 11-15; Ventilation tube 150 forms the second segment and includes the at least one second channel).
Regarding Claim 6, Zhang in view of Chen teaches the cartridge of claim 1. Zhang further teaches the cartridge wherein the vaporization channel comprises a baffle positioned between the plurality of first channels, the baffle configured to promote mixing of air and vaporized material within the vaporization channel ([0071]-[0075], Figs. 11-15; Atomizing structure 100 comprises a first air channel 191, second air channel 192. [0057]-[0059], Fig. 2; Atomizing structure comprises a heating element 120 embedded in atomizing portion 111. Atomizing portion 111 defines a baffle positioned between first air channel 191 and second air channel 192. It is reasonably understood that the baffle is configured to promote mixing of air and vaporized material within the vaporization channel).
Regarding Claim 7, Zhang in view of Chen teaches the cartridge of claim 3. Zhang further teaches the cartridge wherein the reservoir comprises a storage chamber configured to selectively contain the vaporizable material ([0071]-[0073], Figs. 11-15 show an atomizer (cartridge) comprising atomizing structure 100 and liquid storing structure 200. Fig. 15 shows that the liquid storing structure 200 comprises a housing 240 (cartridge housing) including a liquid storing cavity 260 (storage chamber) configured to selectively contain a liquid atomizing medium (vaporizable material)) and
a collector in fluid communication with the storage chamber, wherein the plurality of first channels are positioned within the collector ([0071]-[0073], Figs. 13-15; Liquid storing structure 200 is provided with a middle sealing element 130 in fluid communication with liquid storing cavity 260 (storage chamber). The upper portion of air channel(s) 191/192 (plurality of first channels) is at least partially located with the middle sealing element 130. Middle sealing element 130 reads on the collector because it serves to direct the flow of liquid and air within the atomizer).
Regarding Claim 8, Zhang in view of Chen teaches the cartridge of claim 7. Zhang further teaches the cartridge wherein a portion of the second segment of the vaporization channel is located within the collector ([0071]-[0073], Figs. 13-15; Atomizing structure 100 comprises a vaporization channel defined by first air channel 191, second air channel 192, and ventilation tube 150. First air channel 191 and second air channel 192 form a first segment of the vaporization channel. Ventilation tube 150 forms a second segment at least partially located within the middle sealing element 130 (collector)).
Regarding Claim 9, Zhang in view of Chen teaches the cartridge of claim 7. Zhang further teaches the cartridge further comprising the atomizer ([0071]-[0073], Figs. 13-15; Heating element 120 is an atomizer),
wherein the atomizer includes an atomizer housing having a wicking element disposed therein and in fluid communication with the plurality of first channels ([0055], [0071]-[0073], Figs. 2, 15; Heating element 120 (atomizer) includes a guiding portion 112 (atomizer housing), which defines a housing for the heating element 120. [0059]-[0060], Heating element 120 is embedded in atomizing portion 111 (wicking element), and atomizing portion 111 is disposed within the guiding portion 112 (atomizer housing) in fluid communication with air channel(s) 191/192 (plurality of first channels). Atomizing portion 111 has a porous structure, so as to transport (wick) the atomizing medium inside the atomizing core assembly 110 and the atomizing portion 111).
Regarding Claim 15, Zhang in view of Chen teaches the cartridge of claim 1. Zhang further teaches the cartridge further comprising a wicking element disposed within the cartridge housing ([0056]-[0057], Fig. 2; Atomizing structure 100 comprises a guiding portion 12 including a liquid-absorbing surface 199 in contact with the liquid atomizing medium. The medium flows through the guiding portion 112 to inner wall portion 112A. Guiding portion 112 therefore behaves as a wicking element),
wherein the grooves are in fluid communication with the wicking element ([0071]-[0077], Fig. 15; As one of the first air channels 191 has been modified such that the interior walls of the channel 191 includes grooves, and the interior of first air channel is in fluid communication with guiding portion 112 (wicking element), it is reasonably understood that the grooves are in fluid communication with the wicking element).
Regarding Claim 16, Zhang in view of Chen teaches the cartridge of claim 1, but does not teach the cartridge wherein another at least one first channel of the plurality of first channels is another grooved channel with grooves extending in a direction along the fluid passageway of the another grooved channel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cartridge of Zhang wherein another at least one first channel of the plurality of first channels is another grooved channel with grooves extending in a direction along the fluid passageway of the another grooved channel because Chen demonstrates that providing a vaporization channel with grooves extending in a direction along a longitudinal axis of the fluid passageway of the channel increases the air flow rate (Chen, [0045]-[0046]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 17, Zhang in view of Chen teaches the cartridge of claim 1. Zhang further teaches the cartridge wherein the plurality of channels are positioned laterally offset from each other relative to a longitudinal axis of the cartridge ([0071]-[0075], Figs. 11-15; Atomizing structure 100 comprises a first air channel 191, second air channel 192. [0066], In one embodiment, at least two first air channels 191 are provided, and the at least two first air channels 191 are evenly distributed. Based on the figure 15 and the disclosure of [0066], the at least two first air channels 191 must be laterally offset from relative to a longitudinal axis of the cartridge).
Regarding Claim 18, Zhang, directed to vaporizer devices ([0005], Vaporizer devices can be used for delivery of an aerosol), teaches a cartridge for a vaporizer device ([0005], an atomizing structure, an atomizer, and an aerosol generating device are provided. [0055]-[0056], Fig. 1; Atomizing structure 100 comprises a heating element 120 configured to heat and vaporize a liquid atomizing medium to generate an aerosol. [0071], Figs. 11-15 show an atomizer comprising the atomizing structure 100 and liquid storing structure 200. [0084], Fig. 19; The aerosol generating device of Fig. 19 comprises an atomizer (atomizing structure 100 and elements 200/300) and a power supply structure 400. The atomizer is a cartridge, and the aerosol generating device is a vaporizer device) the cartridge comprising:
a vaporization channel extending from an atomizer to an outlet of the cartridge, the vaporization channel configured to allow fluid to pass therethrough from the atomizer to the outlet ([0071]-[0073], [0081], Figs. 11-15 show an atomizer (cartridge) comprising atomizing structure 100 and liquid storing structure 200. Atomizing structure 100 comprises a vaporization channel defined by first air channel 191, second air channel 192, and ventilation tube 150 extending at least partially through the cartridge housing. Aerosol (fluid) is configured to flow through the vaporization channel from a heating element 120 (atomizer) to first communication portion 211 and second communication portion 231 at the outlet of the cartridge), the vaporization channel comprising
a plurality of channels defining a fluid passageway extending from a first end to a second end ([0071]-[0075], Figs. 11-15; Atomizing structure 100 comprises a first air channel 191, second air channel 192. [0066], In one embodiment, at least two first air channels 191 are provided, and the at least two first air channels 191 are evenly distributed. Each of the air channels 191, 192 can be regarded as a channel wherein each channel creates a fluid passageway that extends from a first end to a second end of the channel),
the first end being proximate to the atomizer ([0071]-[0075], Figs. 11-15; Atomizing structure 100 comprises a first air channel 191, second air channel 192. The first end of each air channel 191, 192 (channel) is proximate to the heating element 120 (atomizer) such that aerosol is carried through the channels to the ventilation tube 150),
but does not teach the cartridge wherein at least one channel of the plurality of channels is a grooved channel, the grooved channel having a plurality of grooves extending in a direction along a longitudinal axis of the fluid passageway.
Chen, directed to vaporizer devices ([0001]-[0002]), teaches a vaporizer device ([0052], Figs. 8-9; As shown in FIG. 8 and FIG. 9, an atomization heating device comprises a housing 10, a mouthpiece 20 and a liquid tank 30, wherein the atomization heating assembly 40 in Embodiment 1 is arranged below the liquid tank 30) comprising:
a vaporization channel ([0040], [0052], Figs. 1-9; Embodiment 1: The atomization heating assembly 40 comprises a porous liquid transfer unit 100 and a magnetically conductive porous heating unit 200. Heating unit 200 generates heat to atomize the cigarette liquid into atomized steam, and the atomized steam is mixed with air to form aerosol. [0045]-[0046], The axial hole through heating unit 200 is a vaporization channel),
wherein the vaporization channel is a grooved channel with grooves extending in a direction along a longitudinal axis of the fluid passageway of the grooved channel ([0042], [0045]-[0046], Figs. 3-4; An air guide member 300 configured to guide air and enlarge the atomization area is arranged on the atomization surface 21 of the magnetically conductive porous heating unit 200 in the airflow direction (along a longitudinal axis of the fluid passageway of the grooved channel). The air guide member 300 may be an air guide groove, the extension direction of the air guide groove is consistent with the airflow direction, and the air guide groove forms an air guide passage. Multiple air guide grooves may be arranged, gaps are reserved between the air guide grooves, and air flows along the air guide grooves, thus increasing the flow rate of air. Aerosol (vaporized liquid and air) passes through the grooved axial hole within heating unit 200).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cartridge of Zhang wherein at least one first channel of the plurality of first channels is a grooved channel with grooves extending in a direction along a longitudinal axis of the fluid passageway of the grooved channel such that the fluid passageway of the grooved channel remains open to allow vaporized material to pass therethrough as taught by Chen because Zhang and Chen are directed to vaporizer devices, Chen demonstrates that providing a vaporization channel with grooves extending in a direction along a longitudinal axis of the fluid passageway of the channel increases the air flow rate (Chen, [0045]-[0046]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 19, Zhang in view of Chen teaches the cartridge of claim 18. Zhang further teaches the cartridge wherein at least one channel of the plurality of channels has a cross-section that tapers towards the outlet of the cartridge ([0071]-[0075], Figs. 11-15; First air channel 191 has a cross-section that tapers towards elements 211,231 (the outlet of the cartridge). First air channel 191 narrows before exiting the atomizing core assembly 110).
Regarding Claim 20, Zhang in view of Chen teaches the cartridge of claim 18. Zhang further teaches the cartridge wherein the vaporization channel comprises a first segment and a second segment that is downstream of the first segment ([0071]-[0073], Figs. 11-15; Atomizing structure 100 comprises a vaporization channel defined by first air channel 191, second air channel 192, and ventilation tube 150. First air channel 191 and second air channel 192 form the first segment. Ventilation tube 150 forms the second segment), and
wherein the first segment includes the plurality of channels ([0071]-[0073], Figs. 11-15; First air channel 191 and second air channel 192 form the first segment and includes the plurality of channels),
the first segment having a cross-section that tapers towards the outlet of the cartridge ([0071]-[0075], Figs. 11-15; First air channel 191 has a cross-section that tapers towards elements 211,231 (the outlet of the cartridge). First air channel 191 narrows before exiting the atomizing core assembly 110).
Regarding Claim 21, Zhang in view of Chen teaches the cartridge of claim 20. Zhang further teaches the cartridge wherein the second segment includes at least one other channel, wherein the at least one other channel is in fluid communication with the plurality of channels ([0071]-[0073], Figs. 11-15; Ventilation tube 150 forms the second segment and includes at least one other second channel, wherein the at least one other channel is in fluid communication with first air channel 191 and second air channel 192 (the plurality of channels)).
Regarding Claim 23, Zhang in view of Chen teaches the cartridge of claim 18. Zhang further teaches the cartridge wherein the vaporization channel comprises a baffle positioned between the plurality of first channels, the baffle configured to promote mixing of air and vaporized material within the vaporization channel ([0071]-[0075], Figs. 11-15; Atomizing structure 100 comprises a first air channel 191, second air channel 192. [0057]-[0059], Fig. 2; Atomizing structure comprises a heating element 120 embedded in atomizing portion 111. Atomizing portion 111 defines a baffle positioned between first air channel 191 and second air channel 192. It is reasonably understood that the baffle is configured to promote mixing of air and vaporized material within the vaporization channel).
Regarding Claim 24, Zhang in view of Chen teaches the cartridge of claim 18. Zhang further teaches the cartridge further comprising a wicking element disposed within the cartridge ([0056]-[0057], Fig. 2; Atomizing structure 100 comprises a guiding portion 12 including a liquid-absorbing surface 199 in contact with the liquid atomizing medium. The medium flows through the guiding portion 112 to inner wall portion 112A. Guiding portion 112 therefore behaves as a wicking element),
wherein the grooves are in fluid communication with the wicking element ([0071]-[0077], Fig. 15; As one of the first air channels 191 has been modified such that the interior walls of the channel 191 includes grooves, and the interior of first air channel is in fluid communication with guiding portion 112 (wicking element), it is reasonably understood that the grooves are in fluid communication with the wicking element).
Regarding Claim 25, Zhang in view of Chen teaches the cartridge of claim 18, but does not teach the cartridge wherein another at least one first channel of the plurality of first channels is another grooved channel with grooves extending in a direction along the fluid passageway of the another grooved channel.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cartridge of Zhang wherein another at least one first channel of the plurality of first channels is another grooved channel with grooves extending in a direction along the fluid passageway of the another grooved channel because Chen demonstrates that providing a vaporization channel with grooves extending in a direction along a longitudinal axis of the fluid passageway of the channel increases the air flow rate (Chen, [0045]-[0046]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 26, Zhang in view of Chen teaches the cartridge of claim 18. Zhang further teaches the cartridge wherein the plurality of channels are positioned laterally offset from each other relative to a longitudinal axis of the cartridge ([0071]-[0075], Figs. 11-15; Atomizing structure 100 comprises a first air channel 191, second air channel 192. [0066], In one embodiment, at least two first air channels 191 are provided, and the at least two first air channels 191 are evenly distributed. Based on the figure 15 and the disclosure of [0066], the at least two first air channels 191 must be laterally offset from relative to a longitudinal axis of the cartridge).
Regarding Claim 27, Zhang teaches a vaporizer device ([0071], Figs. 11-15 show an atomizer comprising the atomizing structure 100 and liquid storing structure 200. [0084], Fig. 19; The aerosol generating device of Fig. 19 comprises an atomizer (atomizing structure 100 and elements 200/300) and a power supply structure 400. The atomizer is a cartridge, and the aerosol generating device is a vaporizer device), comprising:
a vaporizer body and a cartridge of claim 1 ([0084], Fig. 19; The aerosol generating device of Fig. 19 comprises an atomizer (the atomizer of Zhang has been modified to read on the limitations of the cartridge of Claim 1) and a power supply structure 400 (vaporizer body)),
the cartridge being configured to be coupled to the vaporizer body ([0084], Fig. 19; The atomizer (cartridge) is configured to be coupled to power supply structure 400 (vaporizer body)).
Regarding Claim 28, Zhang in view of Chen teaches the vaporizer device of claim 27. Zhang further teaches the cartridge wherein the cartridge is removable from the vaporizer body ([0084], Fig. 19; The atomizer (cartridge) is configured to be removably coupled to power supply structure 400 (vaporizer body). Figs 11-15 show the atomizer detached from the power supply structure 400).
Claims 5-22 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 2023/0218000 A1) in view of Chen (US 2024/0373932 A1) as applied to Claims 1 and 18, and further in view of Woods (US 2022/0001119 A1).
Regarding Claims 5 and 22, Zhang in view of Chen does not teach the cartridge wherein at least one groove of the plurality of grooves has a triangular-shaped configuration
Woods, directed to vaporizer devices ([0002]), teaches a vaporizer device ([0109], Figs. 3-4 show a multi-chamber vaporization device 300) comprising:
a vaporization channel ([0109], [0118], Figs. 3-4 show a multi-chamber vaporization device 300 could accommodate six cartridges or chambers around a central air channel or mixing channel. [0145], FIG. 7B is a cross-sectional view of a passive mixing channel 710 (vaporization channel) configured to direct the flow of a vaporized substance),
wherein the vaporization channel is a grooved channel with grooves extending in a direction along a fluid passageway of the grooved channel such that the fluid passageway of the grooved channel remains open to allow vaporized material to pass therethrough ([0145], FIG. 7B; Mixing channel 710 comprises a plurality of ridges 712 and grooves 714 extending in a direction along a fluid passageway of the grooved mixing channel 714 such that the fluid passageway of at least one of the grooved channel remains open to allow vaporized material to pass therethrough),
wherein at least one groove of the plurality of grooves has a triangular-shaped configuration ([0145], The ridges 712 and/or grooves 714 could take any of a variety of cross-sectional shapes, including rectangular and/or triangular).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the electronic cigarette vaporizer taught by Zhang in view of Chen wherein at least one groove of the plurality of grooves has a triangular-shaped configuration as taught by Woods because Zhang, Chen, and Woods are directed to vaporizer devices, and changing the shape of the groove to triangular constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 2023/0218000 A1) in view of Chen (US 2024/0373932 A1) as applied to Claim 9, and further in view of Xie (US 2023/0240360 A1).
Regarding Claim 10, Zhang further teaches the cartridge wherein a bottom outer-most surface of the collector and a top outer-most surface of the atomizer housing are in contact ([0055], [0071]-[0073], Figs. 2 and 15; Middle sealing element 130 (collector) includes a bottom outer-most surface. Guiding portion 112 (atomizer housing) includes a top outer-most surface which is in contact with the bottom outer-most surface of middle sealing element 130),
but does not teach the cartridge wherein the collector comprises at least one recess defined therein, the at least one recess creates a gap between the collector and the atomizer housing that prevents vaporizable material from being drawn between a bottom outer-most surface of the collector and a top outer-most surface of the atomizer housing.
Xie, directed to vaporizer devices ([0002]), teaches a cartridge ([0119]-[0122], Figs. 1-5; E-cigarette of Fig. 1 comprises a vaporizer 100 (cartridge) and a power supply device 200. Vaporizer 100 is further depicted in Figs. 2-5 as a separable component of the e-cigarette forming a cartridge including liquid storage cavity 12, a porous body 30, and a heating element 40) comprising:
a collector ([0126]-[0130], Figs. 3-5; Vaporizer 100 (cartridge) comprises a rigid support frame 60 (collector) defining liquid guide channel 61 for collecting a liquid substrate); and
an atomizer housing ([0126]-[0132], Figs. 3-6; Vaporizer 100 (cartridge) comprises a flexible silicone sleeve 50 (atomizer housing) which surrounds heating element 40 as shown in Fig. 6. Heating element 40 is configured to atomize the liquid substrate to generate an aerosol, and therefore, the flexible silicone sleeve 50 is an atomizer housing);
wherein the atomizer housing comprises at least one recess defined therein, the at least one recess creates a gap between the collector and the atomizer housing that prevents vaporizable material from being drawn between a surface of the collector and a surface of the atomizer housing ([0154]-[0160], Fig. 19; an embodiment shown in FIG. 19 provides a structure of a porous body 30c and a flexible silicone sleeve 50c having a better sealing effect and preventing the liquid substrate from leaking between joint gaps of various components. A plurality of convex ribs for improving a sealing effect after being mounted are arranged on an outer surface of the flexible silicone sleeve 50c. The convex ribs are mainly to seal liquid substrate conveying channels between the support frame 60 and the porous body 30c, to prevent leakage from a gap between the support frame 60 and the porous body 30c during liquid conveying. [0126]-[0132], Figs. 3-6; The convex ribs on flexible silicone sleeve 50(c) (atomizer housing) directly abut the inner surface of rigid support frame 60 (collector) and form a plurality of recesses/gaps between the rigid support frame 60 and the flexible silicone sleeve 50 that prevents vaporizable material from being drawn between a surface of rigid support frame 60 and a surface of flexible silicone sleeve 50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a surface of the collector of Zhang comprising at least one recess defined therein, the at least one recess creates a gap between the collector and the atomizer housing that prevents vaporizable material from being drawn between the bottom outer-most surface of the collector and the top outer-most surface of the atomizer housing similarly taught by Xie because Zhang and Xie are directed to vaporizer devices, Xie demonstrates that the recess forms a seal prevents liquid from vaporizable material from being drawn between a surface of the collector and a surface of the atomizer housing (Xie, [0126]-[0132], [0154]-[0160], Figs. 3-6, 19), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 11, Zhang in view of Chen and Xie teaches the cartridge of claim 10. Zhang further teaches the cartridge wherein the atomizer comprises a heating element with a heating portion disposed within the atomizer housing ([0058]-[0059], [0071]-[0072], Figs. 2 and 15; Heating element 120 (atomizer) comprises a heating element having a heating portion which is embedded within atomizing portion 111. The heating portion and atomizing portion 111 are positioned within guiding portion 112 (atomizer housing)), and
a connecting portion disposed at least partially outside the atomizer housing ([0058]-[0059], [0071]-[0072], Figs. 2 and 15; Heating element 120 (atomizer) comprises a heating element comprising a connecting portion disposed below (at least partially outside) guiding portion 112 (atomizer housing)),
wherein the gap is located between the connecting portion of the heating element and the collector ([0071]-[0080], Fig. 15; The gap is positioned between middle sealing element 130 (collector) and guiding portion 112. As the connecting portion is located below the guiding portion 112, the gap must necessarily be located between the connecting portion of the heating element 120 and middle sealing element 130 (collector)).
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 2023/0218000 A1) in view of Chen (US 2024/0373932 A1) and Xie (US 2023/0240360 A1) as applied to Claim 11, and further in view of Adair (US 2022/0142248 A1).
Regarding Claim 12, Zhang in view of Chen and Xie does not teach the cartridge wherein the collector further comprises at least one tab extending outwards from the bottom-most surface of the collector, the at least one tab configured to be inserted into a respective cut-out of the atomizer housing such that a portion of the connecting portion is positioned between the at least one tab and the atomizer housing.
Adair, directed to vaporizer devices ([0002]-[0003]), teaches an electronic cigarette ([0044], Fig. 1A; Electronic cigarette 1) comprising:
a cartridge ([0044], Fig. 1a; Electronic cigarette 1 comprises an inhaler body 10 and a removable cartridge 20); and
a body ([0044], Fig. 1a; Electronic cigarette 1 comprises an inhaler body 10 and a removable cartridge 20);
wherein the body comprises at least one tab extending outwards from a surface of the body ([0044]-[0045], Fig. 1A; Body 10 comprises retaining elements 32 forming tabs which extend outwards from a surface of the body 10),
the at least one tab configured to be inserted into a respective cut-out of the atomizer housing ([0044]-[0045], Fig. 1A; The retaining elements 32 are configured to be inserted into respective retaining elements 31 (cut-outs) of the cartridge 20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the collector of Zhang further comprising at least one tab extending outwards from the bottom-most surface of the collector, the at least one tab configured to be inserted into a respective cut-out of the atomizer housing similarly taught by Adair because Zhang and Adair are directed to vaporizer devices, Adair demonstrates that the tabs and cut-outs performs a position limiting and retention function such that two elements do not detach from each other (Adair, [0044]-[0045]), and this involves combining prior art elements according to known methods to yield predictable results.
Further, because the atomizer housing comprises a connecting portion in contact with the bottom-most surface of the collector (Zhang, [0055], [0071]-[0073], Figs. 2 and 15), it is reasonably understood that a portion of the connecting portion is positioned between the at least one tab and the atomizer housing.
Regarding Claim 13, Zhang in view of Chen, Xie, and Adair teaches the cartridge of claim 12. Zhang further teaches the cartridge wherein the at least one recess of the collector is positioned adjacent and proximate to the at least one tab ([0055], [0071]-[0073], Figs. 2 and 15; Middle sealing element 130 (collector) includes a bottom outer-most surface. As Zhang has been modified in view of Xie such that the recess is located at or near the bottom outer-most surface of the middle sealing element 130, and Zhang has been modified in view of Adair such that the bottom-most surface of the collector includes the tab, it is reasonably understood that the at least one recess of the collector is positioned adjacent and proximate to the at least one tab).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US 2023/0218000 A1) in view of Chen (US 2024/0373932 A1), Xie (US 2023/0240360 A1), and Adair (US 2022/0142248 A1) as applied to Claim 13, and further in view of Lee (US 2023/0077441 A1).
Regarding Claim 14, Zhang in view of Chen, Xie, and Adair does not teach the cartridge wherein the at least one tab has a trapezoidal shape.
Lee, directed to vaporizer devices ([0001]-[0002], [0054]), teaches an aerosol generating devices ([0017], Figs. 1-20 are views illustrating an aerosol-generating device according to an embodiment of the present disclosure) comprising:
a tab having a trapezoidal shape ([0182], Fig. 13; Inner circumferential protrusion 416 is a tab having a trapezoidal form).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cartridge taught by Zhang in view of Chen, Xie, and Adair wherein the at least one tab has a trapezoidal shape as taught by Lee because Zhang, Chen, Xie, Adair, and Lee are directed to vaporizer devices, and changing the cross section of the tab to trapezoidal constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
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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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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