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 2 in the reply filed on 12/19/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 12/19/2025.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “a first liquid guide element,” “a second liquid guide element” and “a heating element in claim 1. Note: while claim 1 recites arrangements of the first liquid guide element and the second liquid guide element, there is insufficient structural limitations in the claim to perform the recited function.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
The limitations will be interpreted as follows:
“a first liquid guide element…configured to be in fluid communication with the liquid storage chamber to suck the liquid substrate in the liquid storage chamber,” will be interpreted as an porous material (p. 4, para. 7) and equivalents thereof;
“a second liquid guide element…[configured] to suck the liquid substrate” will be interpreted as a “flexible strip-shaped or rod-shaped fiber material, such as cotton fibers, non-woven fibers, or sponge” (p. 14, para. 5) and equivalents thereof;
“a heating element, configured to heat at least a part of the liquid substrate in the second liquid guide element to generate an aerosol” will be interpreted as “a spiral heating wire (p. 14, para. 5) and equivalents thereof.
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 1-13 and 16-20 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.
Regarding claim 1, the claim limitations “a first surface close to the liquid storage chamber in the longitudinal direction” and “a second liquid guide element arranged close to the second surface” are indefinite because the term “close” is a relative term. The term “close” 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. For examination purposes, the limitations will be interpreted as “a first surface adjacent to the liquid storage chamber in the longitudinal direction” and “a second liquid guide element arranged adjacent to the second surface.” Therefore, claims 2-13 and 16-20 are rejected for their dependencies.
Regarding claim 5, the claim limitation “a straight portion close to the second convex edge” is similarly indefinite because the “close” is a relative term, and neither the claim nor the specification provide a standard to ascertaining the requisite degree. For examination purposes, the limitation will be interpreted as “a straight portion adjacent to the second convex edge.” Moreover, the claim limitation “a gap” is indefinite because it is unclear if the limitation refers to back to the “gap” as recited in claim 4 or is intended to recite a second gap. For examination purposes, the limitation will be interpreted as “the gap” (referring back to the recite “gap” in claim 4).
Regarding claims 7 and 20, the claim limitation “a first support arranged close to the second surface of the first liquid guide element in the longitudinal direction” is similarly indefinite because the “close” is a relative term, and neither the claim nor the specification provide a standard to ascertaining the requisite degree. For examination purposes, the limitation will be interpreted as “a first support arranged adjacent to the second surface of the first liquid guide element in the longitudinal direction.” Therefore,, claims 8-10 are rejected for their dependencies.
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.
(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.
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.
Claims 1-3, 6-12, 16-17, and 20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Atkins et al. (US 2020/0275696).
Regarding claim 1, Atkins discloses a vaporizer device (title; “vaporizer”) configured to inhale an aerosol generated by a heating element that vaporizes a vaporizable material ([0005]), comprising a vaporizer cartridge (1320; Fig. 4C-D; see also Fig. 4B) internally provided with:
a storage chamber (1342; Fig. 5B; “liquid storage chamber”) containing a vaporizable material ([0186]; liquid substrate”);
a collector (1313; Fig. 4C, 5C-E; equivalent of “first liquid guide element” according to 112(f) above) having a top surface adjacent to the storage chamber in a longitudinal direction of the vaporizer cartridge (Fig. 4C), and a bottom surface away from the top surface (Fig. 4C), wherein the top surface includes a wick feeds (1368) such that vaporizable material may enter the feeds and flow directly towards the cavity area at the other end of the collector ([0275]; “suck the liquid substrate in the liquid storage chamber”);
a wicking element (1362; “second liquid guide element” according to 112(f) above) arranged adjacent to the bottom surface of the collector in the longitudinal direction (Fig. 4C), and being positioned directly under the wick weeds by way of compression ribs (1110; Fig. 8B-C; [0281]; “partially in contact with the second surface”) draws vaporizable material to a heating element via capillary action ([0190]; “suck the liquid substrate”) ;
a heating element (1350; equivalent of “heating element” according to 112(f) above) for vaporizing the vaporizable madeira from or stored in the wicking element ([0178]; “configured to heat at least a part of the liquid substrate in the second liquid guide element to generate an aerosol”); and
an overflow channel (1104; Fig. 5A-B; “air channel” and “flowing path”) defining an overflow volume (1344) having an opening to the exterior of the cartridge and may be in communication with the reservoir storage chamber to act as a venting channel to provide for the equalization of pressure in the cartridge while also collecting and at least temporarily retaining vaporizable material entering the overflow volume ([0189]; see also [0204]; “cross the first liquid guide element and enter the liquid storage chamber”).
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Regarding claim 2, Atkins discloses the cartridge (1320) having an inner wall defining the storage chamber (see Figs. 5B and 7); and
the overflow channel (1104) comprises a first portion formed between the collector (1313) and the inner wall of the cartridge (Fig. 7; illustrating the overflow channels are closed by an inner wall of the cartridge).
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Regarding claim 3, Atkins discloses the collector (1313) having peripheral side walls extending between the first surface and the second surface (see Fig. 7), the side wall includes the overflow channel (1104; “gap forms the first channel portion”).
Regarding claim 6, Atkins discloses the first channel portion substantially extends in the longitudinal direction of the outer housing (Fig. 4C; illustrating the first portion extends from the first surface to the second surface).
Regarding claim 7 and 20, Atkins discloses a wick housing (1315; “first support”) arranged adjacent to the bottom surface the collector (1313) in the longitudinal direction (Fig. 8B-C) defining a vaporization chamber ([0238]; interpreted as the space occupied by the wick 1362 and the heating element 1350 within the wick housing); and
the overflow channel (1104) further comprises an air exchange port (1106; Fig. 5A; “second channel portion”) which allows air to enter and exit the collect ([0213], [0223]; “allowing air in the vaporization chamber to enter the first channel portion”), and formed between the wick housing (1315) and collector (1313) (see Fig. 7).
Regarding claim 8¸ Atkins discloses the wicking element (1362) which is positioned near the exchange port ([0233]; see also Fig. 5A-B; “at least partially exposed to the second channel portion”)
Regarding claim 9, Atkins discloses air exchange port (1104) extends horizontally (Fig. 5A, C) and the overflow channel (1104) comprises a single gate (1102) that extends vertically (Fig. 5A, C).
Regarding claim 10¸ Atkins discloses the wick housing (1315; Fig. 12A) comprises a groove (see Fig. 12A; interpreted as the chamber within the wick housing holding the wicking element 1362) located on a top surface thereof (see Fig. 12A-B; “adjacent to the second surface”) such that the end of the overflow channel may also lead to an area near the wick housing such that the vaporizable material exiting the overflow channel may saturate the wicking element ([0235]; i.e., the second channel portion comprises the air exchange port and the chamber holding the wick housing).
Regarding claim 11, Atkins discloses the chamber holding the wicking element is at least partially curved (see Fig. 42A, 44, illustrating rounded corners).
Regarding claim 12, Atkins discloses the chamber holding the wicking element surrounds the wicking element (Fig. 42A, 44).
Regarding claim 16, Atkins dislcoses the vaporizer as discussed above with respect to claim 1 configured to vaporize an inhalable aerosol from a vaporizable material to form an aerosol ([0007]), and a vaporizer body (110) having a power source (112; Fig. 1; “power supply assembly”) which supplies current to the atomizer ([0162]).
Regarding claim 17, Atkins discloses wherein the overflow channel (1104) comprises a single gate (1102) that extends vertically (Fig. 5A, C; “extends in the longitudinal direction”).
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.
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.
Claims 1-13 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2017/0303596) in view of Li et al. (US 2020/0085108; of record).
Regarding claim 1, Chen dislcoses an atomizing assembly (100; abstract; “vaporizer”) configured to atomize a liquid that can be inhaled by a user ([0041]; “vaporize a liquid substrate to generate an aerosol”), comprising reservoir (142; Figs. 12-13; “outer housing”) including the inner tube (1422), outer tube (1424) and an extending tube (1429) internally provided with:
a liquid storage chamber (1428) for holding liquid ([0037]);
a liquid storage layer (154; “first liquid guide element” according to 112(f) above) having a top surface (“first surface”) adjacent to the liquid storage chamber in a longitudinal direction of the outer tube (see annotated Fig. 13), and a bottom surface (“second surface”) opposed to the top surface (see annotated Fig. 13), wherein the top surface abutting a spacer (152) absorbs and stores liquid from the liquid storage chamber ([0037]; “in fluid communication with the liquid storage chamber to suck the liquid substrate in the liquid storage chamber”);
a liquid conduction cord (156; “second liquid guide element” according to 112(f) above) arranged adjacent to the bottom surface of the liquid storage layer in the longitudinal direction (Fig. 13) and abutting against the bottom surface of the liquid storage layer to absorb liquid in the liquid storage layer ([0037]; “at least partially in contact with the second surface to suck the liquid substrate”);
a heating wire (159; Fig. 15; “heating element” according to 112(f) above) configured to heat ([0046]) to atomize the liquid in the liquid conduction cord to be inhaled by a user ([0041]).
Moreover, Chen dislcoses that the liquid storage layer (154) seals the space between the extending tube (1429) and the inner tube (1422) such that it acts as a seal to ensure sealing between the liquid storage chamber (1428) and the airflow channel (1426) ([0040]), and the wherein the liquid storage layer abuts against an inner side wall of the extending tube ([0040]).
However, Chen is silent as to an air channel providing a flow path for air to cross the first liquid guide element and enter the liquid storage chamber in the longitudinal direction of the outer housing. Rather, Chen dislcoses that the liquid storage chamber is completely sealed from air (see [0040], and illustrating no other vents in the liquid storage chamber).
Li teaches an atomizer (abstract) comprising a liquid cavity (111; “liquid storage chamber”), a first sealing member (15), and a porous ceramic liquid guiding member (121; “first liquid guide element”) (see Figs. 3-4), the first sealing member encasing the porous ceramic liquid guide member ([0049]) and comprising a first air guiding recess (1511; Fig. 5), and at least one second air guiding recesses (1521; Fig. 6) to function as an air guiding channel (16; see Fig. 3; “air channel providing a flow path”) such that air may flow through the air guiding channel, reaching the liquid cavity to balance the pressure inside and outside of the liquid cavity ([0050]; “cross the first liquid guide element and enter the liquid storage chamber in the longitudinal direction”).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added an air guiding channel as in Li to Chen’s atomizing assembly in order to obtain the predictable result of allowing air to flow through the air guiding channel to balance the pressure inside the outside of the liquid cavity (Li; [0050]) with the benefit of preventing the liquid from being obstructed from flowing ([0046]) in Chen’s completely sealed liquid storage chamber. Moreover, because the air guiding channels are located on a component adjacent to the outside of the porous ceramic liquid member in Li, one of skill in the art would be motivated to add the air guiding channel to the similarly located portion of Chen’s extending tube (1429) adjacent to the outside of the liquid storage layer (154).
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Regarding claim 2, modified Chen dislcoses an inner wall of the reservoir (142) defines the liquid storage chamber (see Fig. 13); and
the air guiding channel (Li; 16; “first channel portion”) comprises the at least one second air guiding recesses (Li; 1521; Fig. 6) formed between the liquid storage layer (154) and the inner wall of the extending tube (1429) (as modified above).
Regarding claim 3, modified Chen dislcoses the liquid storage layer (154) comprises a peripheral side wall extending between the first surface and second surface (see annotated Fig. 13), the peripheral side wall and the extending tube (1429) forms the air guiding recess (Li; 1521; [0050], describing that when the first sealing member 15 encases the porous ceramic liquid guiding member 121,…the second air guiding recess functions as the air guiding channel; “gap”).
Regarding claim 4, modified Chen discloses the inner wall of extending tube (1429) is provided with a second convex edge extending in the longitudinal direction (Li; annotated Fig. 6), wherein the second convex edge and the liquid storage layer (154) form the at least one second air guiding recesses (Li; 1521; [0050], describing that when the first sealing member 15 encases the porous ceramic liquid guiding member 121,…the second air guiding recess functions as the air guiding channel; see also Fig. 3; “gap”).
Regarding claim 5, modified Chen dislcoses the liquid storage layer (154) has a peripheral side wall having a straight portion (see annotated Fig. 13; see also Fig. 12), adjacent to the second convex edge (Li; annotated Fig. 6; see also Fig. 3), wherein the second convex edge and the straight portion form the at least one second air guiding recesses (Li; 1521; [0050], describing that when the first sealing member 15 encases the porous ceramic liquid guiding member 121,…the second air guiding recess functions as the air guiding channel; see also Fig. 3).
Regarding claim 6, modified Chen dislcoses the at least one second air guiding recesses (Li; 1521) extend in the longitudinal direction (see Fig. 6).
Regarding claims 7 and 20, modified Chen dislcoses:
an atomizing base (158; “first support”) adjacent to the bottom surface of the liquid storage layer (154) in the longitudinal direction (Fig. 13) and having an atomization chamber ([0041]; see Fig. 14) that accommodate the liquid conduction cord ([0041], describing the liquid conduction cord 156 is in the atomization chamber”); and
the air channel further comprising an opening (part of the “second channel portion”) in the atomizing base that abuts against the liquid storage layer (154) ([0041]; “formed between the first support and the first liquid guide element”).
Regarding claim 8, modified Chen dislcoses liquid conduction cord (156) abuts the bottom surface of the liquid conduction layer (154) and that the opening in the atomizing base abuts against the liquid storage layer ([0041]). Therefore, the liquid conduction cord (156) would extend through opening in the atomizing base (i.e., “the second liquid guide element is at least partially exposed to the second channel portion”).
Regarding claim 9, modified Chen dislcoses the air guiding channel (Li; 16; “first channel portion”) includes the first air guiding recess (Li; 1511; Fig. 5) which extends in the radial direction (Li; Fig. 5) and perpendicularly and the opening in the base that extends in the longitudinal direction (Chen; see Fig. 14).
Regarding claim 10, modified Chen dislcoses the atomizing base comprises a groove (1586) adjacent to the bottom surface of the liquid storage layer (see [0041]) the opening being connected to the groove (see Fig. 14; “second channel portion” is now interpreted to include the groove 1586).
Regarding claim 11, modified Chen dislcoses the groove (1586) has curved corners (Fig. 14; “at least partially curved”).
Regarding claim 12, modified Chen dislcoses wherein the groove (1586) accommodates the liquid conduction cord (156; [0043]; ”at least partially surrounds the second liquid guide element”).
Regarding claim 13, modified Chen dislcoses wherein the liquid conduction cord (156) includes a first portion extending in a direction perpendicular to the longitudinal direction (see red box in annotated Fig. 15), and a second portion extending from the first portion (see green box in annotated Fig. 15) and to the liquid conduction layer (Fig. 13),
wherein the second portion abuts against the liquid storage layer to absorb liquid in the liquid storage layer ([0037]); and the heating wire (159) surround the first portion (Fig. 15).
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Regarding claim 16, modified Chen discloses the atomizing assembly according to claim 1 above comprising the heating wire (159) to atomize the liquid for a user to inhale ([0041]); and a power source assembly (300; Fig. 1; “power supply assembly”) for powering the atomizing assembly ([0007]).
Regarding claims 17-19, modified Chen dislcoses wherein the air guiding channel (Li; 16; “first channel portion”) comprises the at least one second air guiding recesses (Li; 1521; Fig. 6) that substantially extending in the longitudinal direction (Li; Fig. 6).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Rehders (US 2017/0020194) discloses an electronic smoking device comprising one or more grooves (54, 56) provided on an inner face (52) of a shell (30), wherein the grooves serve as air channels to facilitate a pressure relief when liquid is conducted out of a capsule by means of a wick ([0039]);
Minskoff (US 2015/0335075) discloses a fluid reservoir with an anti-vacuum channel to allow airflow into the fluid reservoir ([0029]; see Fig. 9).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONNY V NGUYEN whose telephone number is (571)272-8294. The examiner can normally be reached Monday - Friday; 7:00 AM - 3:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Y Louie can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SONNY V NGUYEN/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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