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
Claims 10-17 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/02/2026.
Applicant’s election without traverse of Claims 1-9 in the reply filed on 03/02/2026 is acknowledged.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qui (US 2019/0350263).
Regarding claim 1, Qiu teaches an electronic cigarette (electronic cigarette 100) comprising an atomizing body (atomizing assembly 12) and an e-liquid cartridge (liquid storage assembly 11) detachably connected to the atomizing body (¶ [0066]).
Qiu teaches that the atomizing body (atomizing assembly 12) comprises an atomizing core (liquid guiding member 126 and heating member 127) (¶ [0076]) and an e-liquid chamber (atomizing chamber 1213) (¶ [0078]).
Qiu teaches that the atomizing core (liquid guiding member 126 and heating member 127) is configured to absorb and heat e-liquid for vaporization, because liquid guiding member 126 absorbs cigarette liquid and heating member 127 heats and atomizes the cigarette liquid absorbed by liquid guiding member 126 into smoke (¶ [0084]).
Qiu teaches that the e-liquid cartridge (liquid storage assembly 11) is detachably connected to the atomizing body (atomizing assembly 12) to supply e-liquid to the e-liquid chamber (atomizing chamber 1213), because cigarette liquid from liquid storage chamber 1111 passes through liquid guiding groove 1143, liquid inlet groove 1235, and liquid inlet hole 1234, is absorbed by liquid guiding member 126, and is atomized in atomizing chamber 1213 (¶ [0087]).
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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over machine translation of Zhou (CN218245662U), and further in view of Qui (US 2019/0350263).
Regarding claim 1, Zhou teaches an electronic cigarette comprising an atomizing body (shell 100 including working oil tank 200 and atomizing core 800), wherein the atomizing body comprises an atomizing core (atomizing core 800) and an e-liquid chamber (working oil tank 200) (¶ [0028]; Fig. 3).
Zhou further teaches an e-liquid cartridge (storage oil tank 300), the e-liquid cartridge being detachably connected to the atomizing body (storage oil tank 300 threadedly and removably connected to shell 100 by internally threaded first connecting component 600 and externally threaded second connecting component 700) (¶ [0033]; Figs. 2 and 6).
Zhou further teaches that the e-liquid cartridge is detachably connected to the atomizing body to supply the e-liquid to the e-liquid chamber (storage oil tank 300 supplies e-liquid to working oil tank 200 through first channel 302, third channel 503, and second channel 201) (¶ [0031]; Fig. 3).
Zhou teaches that the atomizing core (atomizing core 800) is configured to heat e-liquid for vaporization, because atomizing core 800 converts e-liquid in working oil tank 200 into vapor that is discharged through smoke outlet 303 (¶ [0035]; Fig. 3).
Zhou does not expressly teach that the atomizing core is configured to absorb e-liquid for vaporization.
Qiu teaches an atomizing core (liquid guiding member 126 and heating member 127) configured to absorb and heat e-liquid for vaporization, wherein liquid guiding member 126 absorbs cigarette liquid and heating member 127 heats and atomizes the absorbed cigarette liquid into smoke (¶ [0084]).
Zhou and Qiu are in the same field of endeavor because both are directed to electronic cigarettes having an atomizer that receives e-liquid from a liquid storage structure and atomizes the e-liquid for inhalation. Zhou teaches an electronic cigarette having storage oil tank 300 supplying working oil tank 200 containing atomizing core 800 (¶ [0028]), while Qiu teaches an electronic cigarette having liquid storage assembly 11 supplying atomizing assembly 12 containing liquid guiding member 126 and heating member 127 (¶ [0066]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure atomizing core 800 of Zhou to include the absorbent liquid-guiding member and heating member taught by Qiu, because Qiu teaches a known atomizing-core structure in the same field for absorbing e-liquid supplied from a liquid storage chamber and heating the absorbed e-liquid to form vapor, thereby predictably facilitating delivery of e-liquid to the heating member for atomization.
Regarding claim 2, Zhou in view of Qiu teaches the electronic cigarette of claim 1 as set forth above.
Zhou further teaches that the atomizing body further comprises a first shell and a base (shell 100 including a cartridge-receiving base portion having first connecting component 600), wherein the e-liquid chamber (working oil tank 200) is provided within the atomizing body (shell 100) (¶ [0028]; Figs. 2–3 and 6).
Zhou further teaches that one end of the first shell comprises a mouthpiece for inhalation, the mouthpiece comprising a smoking opening (the mouthpiece portion of shell 100 having smoke outlet 303 for discharging vapor produced by atomizing core 800) (¶ [0035]; Fig. 3).
Zhou further teaches that the base is disposed at the other end of the first shell, away from the smoking opening (the cartridge-receiving base portion of shell 100 having first connecting component 600 positioned away from smoke outlet 303 and configured to receive storage oil tank 300) (Figs. 2–3 and 6).
Zhou further teaches that the e-liquid cartridge is detachably connected to the base (storage oil tank 300 threadedly and removably connected to the cartridge-receiving base portion of shell 100 by internally threaded first connecting component 600 and externally threaded second connecting component 700), wherein rotation of storage oil tank 300 engages or disengages the threaded connection to assemble or disassemble and replace storage oil tank 300 (¶ [0033]; Figs. 2 and 6).
Regarding claim 3, Zhou in view of Qiu teaches the electronic cigarette of claim 2 as set forth above.
Zhou further teaches that the e-liquid cartridge comprises an exposed end (the upper connecting end of storage oil tank 300 having second connecting component 700), and that the base comprises a first through-hole into which the exposed end of the e-liquid cartridge is inserted (the cartridge-receiving opening through first connecting component 600 of shell 100 into which the upper connecting end of storage oil tank 300 is inserted), as shown in Figures 2 and 6.
Zhou further teaches that the e-liquid cartridge is thereby fixedly connected to the base (storage oil tank 300 secured to shell 100 by engagement of internally threaded first connecting component 600 and externally threaded second connecting component 700), because rotation of storage oil tank 300 engages and locks the corresponding threaded structures to assemble the storage oil tank 300 to shell 100 (¶ [0033]; Figs. 2 and 6).
Regarding claim 4, Zhou in view of Qiu teaches the electronic cigarette of claim 3 as set forth above.
Zhou further teaches that the first through-hole is defined by a wall (the cartridge-receiving opening of shell 100 is defined by first connecting component 600, which receives the corresponding connecting end of storage oil tank 300) (¶ [0032]; Fig. 6), wherein the wall comprises an internal threading or a hollow threaded connector (first connecting component 600 having an internal thread structure) (¶ [0033]), so that the e-liquid cartridge is threaded onto the base (storage oil tank 300 having externally threaded second connecting component 700 threadedly connected to internally threaded first connecting component 600 of shell 100) (¶ [0033]; Figs. 2 and 6).
Regarding claim 5, Zhou in view of Qiu teaches the electronic cigarette of claim 4 as set forth above.
Zhou further teaches that the atomizing body further comprises an e-liquid guide portion (first channel 302 of storage oil tank 300, third channel 503 of internal knob 501, and second channel 201 of working oil tank 200) through which the e-liquid cartridge (storage oil tank 300) is connected to the e-liquid chamber (working oil tank 200), because alignment of first channel 302, third channel 503, and second channel 201 permits storage oil tank 300 to add e-liquid to working oil tank 200 (¶ [0031]; Fig. 3).
Zhou further teaches that the e-liquid guide portion (first channel 302, third channel 503, and second channel 201) comprises a sealing member functioning as a division between the e-liquid cartridge and the e-liquid chamber (adjustment component 500 including internal knob 501 positioned between storage oil tank 300 and working oil tank 200), because when third channel 503 is moved away from first channel 302 and second channel 201, liquid communication between storage oil tank 300 and working oil tank 200 is interrupted to prevent e-liquid leakage (¶ [0031]; Figs. 3–4).
Zhou further teaches that the sealing member comprises a driving assembly (adjustment component 500 including external knob 505 operatively coupled to internal knob 501), wherein external knob 505 extends outside housing 100 for user operation and drives internal knob 501 (¶ [0029]; Fig. 4).
Zhou further teaches that the driving assembly (external knob 505 driving internal knob 501) is activated to induce motion of the sealing member (rotation of internal knob 501 having third channel 503), thereby opening or closing the e-liquid guide portion (selectively connecting or interrupting first channel 302, third channel 503, and second channel 201) (¶ [0031]; Figs. 3–4).
Regarding claim 6, Zhou in view of Qiu teaches the electronic cigarette of claim 5 as set forth above.
Zhou further teaches that the driving assembly (adjustment component 500 including internal knob 501 and external knob 505) comprises a driving member (external knob 505) that is activated to induce the motion of the sealing member (rotation of external knob 505 causes rotation of internal knob 501 of adjustment component 500), whereby third channel 503 of internal knob 501 is selectively aligned with or moved away from first channel 302 and second channel 201 to connect or interrupt liquid communication between the e-liquid cartridge (storage oil tank 300) and the e-liquid chamber (working oil tank 200) (¶ [0031]; Figs. 3–4).
Zhou further teaches that at least a part of the driving member (external knob 505) is exposed on the first shell (external knob 505 extends to the outside of shell 100 for user operation) (¶ [0029]; Figs. 1 and 4).
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over machine translation of Zhou (CN218245662U) in view of Qiu (US 2019/0350263 A1) as applied to claim 6 above, and further in view of machine translation of Zhao (CN218527717U).
Regarding claim 7, Zhou in view of Qiu teaches the electronic cigarette of claim 6 as set forth above. Zhou teaches selectively opening and closing liquid communication between the e-liquid cartridge (storage oil tank 300) and the e-liquid chamber (working oil tank 200) by operation of the driving assembly (adjustment component 500 including internal knob 501 and external knob 505) (¶ [0031]; Figs. 3–4).
Zhou does not expressly teach the claimed spring-reset hand-push and push-rod configuration.
Zhao teaches an electronic cigarette having a corresponding liquid-control mechanism between a storage liquid chamber (storage oil tank 4) and a working liquid chamber (working oil tank 5), wherein a driving assembly (pressing device 2) selectively connects or blocks liquid communication between the chambers (¶ [0023]; Fig. 2).
Zhao teaches that the driving assembly further comprises an elastic member used to reset the sealing member (spring 22 configured to return moving rod 24 and stop block 25 to a position in which stop block 25 seals oil outlet 41), because, when the pressing part is released, spring 22 returns from deformation and causes moving rod 24 to move in the opposite direction such that stop block 25 seals oil outlet 41 (¶ [0029]; Fig. 4).
Zhao teaches that the driving member comprises a hand-push section (pressing element 21) and a push rod (moving rod 24), wherein the push rod is disposed between the hand-push section and the sealing member (moving rod 24 extending from pressing element 21 to stop block 25 positioned at oil outlet 41) (¶¶ [0023]–[0024]; Fig. 4).
Zhao teaches that the hand-push section is exposed on the outside of the first shell (pressing element 21 installed in pressing port 14 of upper housing 11 for user operation) (¶ [0025]; Figs. 1–3).
Zhao further teaches that one end of the elastic member is secured to the atomizing body (one end of spring 22 supported by blocking element 23, which is integrally connected to the inner wall of working oil tank 5), and the other end of the elastic member is connected to the hand-push section (the opposing end of spring 22 disposed against pressing element 21) (¶ [0023]; Fig. 4).
Zhou teaches selectively connecting or interrupting liquid flow between storage oil tank 300 and working oil tank 200 (¶ [0031]), while Zhao teaches selectively opening or blocking liquid flow between storage oil tank 4 and working oil tank 5 using pressing device 2 (¶ [0023]).
Therefore, 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 liquid-control arrangement of Zhou with the press-operated, spring-reset sealing mechanism of Zhao, because Zhao teaches a known actuator arrangement for selectively opening liquid flow upon user actuation and automatically returning the liquid path to a sealed condition upon release, thereby predictably providing controlled liquid delivery while reducing leakage.
Claim 8-9 are rejected under 35 U.S.C. § 103 as being unpatentable over machine translation of Zhou (CN218245662U) in view of Qiu (US 2019/0350263 A1) and machine translation of Zhao (CN218527717U), as applied to claim 7 above, and further in view of machine translation of Chen (CN209788484U).
Regarding claim 8, Zhou in view of Qiu and Zhao teaches the electronic cigarette of claim 7 as set forth above. Zhao teaches the hand-push section (pressing element 21) exposed on the first shell (upper housing 11) and received in a pressing recess (pressing port 14) for actuating the liquid-control mechanism (¶ [0025]; Figs. 1–4). Zhao does not expressly teach the claimed annular guide structure for the press-type cover.
Chen teaches a press-type cover (electrode cover 23) comprising a main body (end plate 232) and a sidewall protruding along the edge of the main body (annular side plate 231 extending from end plate 232) (¶ [0052]; Fig. 5).
Chen further teaches a recess inside the shell (the annular receiving region at the end of battery tube 10 bounded outwardly by fixing section 51), with a protruding element formed within the recess (second receiving section 16 positioned inwardly of fixing section 51), wherein an annular groove is formed between the outer edge of the recess and the protruding element (the annular receiving space between outer fixing section 51 and inner second receiving section 16) (¶ [0064]; Fig. 5).
Chen further teaches that at least a portion of the sidewall is slidable into the annular groove (annular connecting portion 2313 of annular side plate 231 extending into and moving within the annular receiving space between fixing section 51 and second receiving section 16), because electrode cover 23 is pressed toward battery tube 10 against elastic reset member 40 and is moved back when elastic reset member 40 restores its deformation (¶ [0067]; Fig. 5).
Zhao teaches pressing element 21 received in pressing port 14 for operating a liquid-control mechanism, while Chen teaches electrode cover 23 received in and movable relative to an annular guide arrangement of an electronic-cigarette device.
Therefore, 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 hand-push section (pressing element 21) of Zhao with Chen’s guided cover arrangement comprising a main body and sidewall (end plate 232 and annular side plate 231) slidably received in an annular receiving space surrounding an inner protruding element (the space between fixing section 51 and second receiving section 16), because Chen teaches that such an arrangement guides and retains movement of a manually displaced cover member in an electronic-cigarette device.
Regarding claim 9, Zhou in view of Qiu, Zhao, and Chen teaches the electronic cigarette of claim 8 as set forth above. In particular, Zhao teaches a pressing mechanism (pressing element 21, moving rod 24, and stop block 25) wherein depression of the hand-push section (pressing element 21) causes movement of the sealing member (stop block 25) to open the e-liquid guide portion (oil outlet 41) (Zhao, ¶ [0029]; Fig. 4), and Chen teaches configuring the hand-push section as a press-type cover (electrode cover 23 including end plate 232 and annular side plate 231) slidably received relative to a protruding element (second receiving section 16) (Chen, ¶¶ [0064], [0067]; Fig. 5).
Zhou teaches a rotary alignment and limiting arrangement for an electronic-cigarette liquid-control actuator, wherein an external knob (external knob 505) is rotatable relative to a receiving structure before being movable through the receiving structure, because rotation of external knob 505 aligns limiting heads (limiting heads 506) with corresponding through grooves (through grooves 402 in limiting baffle 401) to permit the limiting heads 506 to pass through the through grooves 402 (Zhou, ¶ [0030]; Figs. 4–5).
Zhou further teaches at least two circumferentially extending stop portions separated by corresponding gaps (the circumferential portions of limiting baffle 401 separated by at least two through grooves 402) and corresponding ridge-like projections configured to align with and pass through the gaps (limiting heads 506 of external knob 505 corresponding to and passing through through grooves 402 when rotationally aligned) (Zhou, ¶ [0030]; Figs. 4–5).
Zhou does not expressly teach the reciprocal placement recited in claim 9, wherein the circumferential strip-like blocks and corresponding gaps are provided on the inner side of the press-type cover sidewall and the corresponding ridge is provided on the peripheral wall of the protruding element.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure the press-type cover (Chen’s electrode cover 23, as applied to Zhao’s pressing element 21) to be rotatable to a predefined position before pressing, using Zhou’s complementary rotational alignment and stop arrangement, by providing:
the inner side of the sidewall with at least two strip-like blocks protruding along the circumference of the sidewall (circumferential stop portions corresponding to Zhou’s limiting baffle 401, relocated to the inner side of annular side plate 231 of electrode cover 23);
one end of the at least two strip-like blocks protruding in the axial direction of the sidewall and away from the main body, forming a limited-stop protrusion (axial stop end portions of the relocated circumferential stop portions corresponding to Zhou’s limiting engagement structure);
a gap formed between every two adjacent strip-like blocks (gaps corresponding to Zhou’s through grooves 402 between the relocated circumferential stop portions); and
a peripheral wall of the protruding element comprising at least one ridge used to align with the corresponding gap (a ridge corresponding to Zhou’s limiting head 506 relocated to the peripheral wall of Chen’s second receiving section 16).
In the modified structure, the at least one ridge is slidable into the corresponding gap (the relocated ridge corresponding to limiting head 506 passing through the corresponding gap corresponding to through groove 402 upon rotational alignment), and movement of the ridge relative to the strip-like blocks is limited by the adjacent limited-stop protrusions in the same manner that Zhou’s limiting heads 506 cooperate with limiting baffle 401 and through grooves 402 to permit movement only when properly aligned (Zhou, ¶ [0030]; Figs. 4–5).
Zhou and Zhao are both are directed to electronic cigarettes having user-operated mechanisms controlling liquid communication between a storage liquid region and a working liquid region. Zhou teaches external knob 505 and internal knob 501 selectively connecting or interrupting liquid communication between storage oil tank 300 and working oil tank 200 (Zhou, ¶ [0031]), while Zhao teaches pressing element 21 and stop block 25 selectively opening or closing liquid communication between storage oil tank 4 and working oil tank 5 (Zhao, ¶ [0029]).
Therefore, it would have been obvious to configure the press-type cover of the modified Zhao/Chen device with Zhou’s known rotational alignment and limiting arrangement, with the complementary stop and gap structures placed on the opposing interacting members as recited, because such reciprocal placement would have predictably required rotational alignment of the press-type cover before axial pressing, thereby preventing unintended operation of the liquid-control pressing mechanism.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER KESSIE whose telephone number is (571)272-7739. The examiner can normally be reached Monday - Thursday 7:00am - 5:00pm.
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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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/JENNIFER A KESSIE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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