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 1-18 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Election/Restrictions
Applicant’s election without traverse of Claims 1-14 and 16-18 in the reply filed on 19 June 2026 is acknowledged.
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 10 and 13 are 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.
The term “close to” in Claim 10 is a relative term which renders the claim indefinite. The term “close to” 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. Without a set distance range or criteria for determining the distance wherein the term “close to” is applicable, one ordinarily skilled in the art would not be able to determine the degree of distance that would be considered “close to” and therefore said term is considered indefinite. For examination purposes, the term “close to” is interpreted as “next to”.
The term “close to” in Claim 13 is a relative term which renders the claim indefinite. The term “close to” 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. Without a set distance range or criteria for determining the distance wherein the term “close to” is applicable, one ordinarily skilled in the art would not be able to determine the degree of distance that would be considered “close to” and therefore said term is considered indefinite. For examination purposes, the term “close to” is interpreted as “next to”.
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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fraser et al (Publication No. US20200000151A1).
Regarding Claim 1, Fraser discloses a vapor provision (i.e., vaporizer) device configured to vaporize a liquid substrate (i.e., liquid source) to generate an aerosol (Abstract), comprising:
an outer housing (i.e., outer wall) (Figs. 5, 7; [0058, 0063]; Buffer 50 space is formed by inner chamber 7 side walls and the outer walls of said buffer space);
wherein the outer housing is internally provided (see Figs. 5, 7; all components are shown to be within the outer walls of the buffer chamber space 50):
a liquid storage chamber (Tank 3), configured to store a liquid substrate source (Figs. 5, 7; [0057]);
a liquid guide element (Porous wick 6), constructed to be in fluid communication with the liquid storage chamber (3) to suck the source liquid substrate (Figs. 5, 7; [0027, 0057, 0063]; wick can absorb source liquid substrate from the tank);
a heating element (Heater 4) at least partially surrounding the liquid guide element (6) (see Figs. 5, 7; [0033-0034, 0057, 0063]; heating element is a coil that surrounds the middle portion of the wick liquid guiding element); and
being configured to heat at least part of the liquid substrate in the liquid guide element (6) to generate an aerosol (Abstract, [0057, 0063]);
and a liquid buffer space (50), at least partly surrounding the liquid guide element (6); (see Figs. 5, 7; [0058, 0063]; the buffer space is created by the outer sidewalls and inner sidewalls of chamber 7; the space surrounds the lower portion of the wick element that does not extend into the tank); and
avoiding the heating element (4) for storing the liquid substrate to adjust the efficiency of transferring the liquid substrate to the heating element (see Figs. 5, 7; [0058-0063]; the buffer space is formed from the side walls of the chamber; the heating element is located in the central region of the wick which is disposed in the chamber and therefore, will not be in contact with the buffer space; discloses that the buffer space is used to control the liquid transfer capability of the wick by absorbing excess liquid when the wick is saturated which is considered equivalent to adjusting transfer efficiency).
Regarding Claim 2, Fraser further discloses the liquid guide element (6) comprises a first portion (Central portion 6c) extending in a direction perpendicular to the longitudinal direction of the outer housing/wall (see Fig. 5; [0057]; the central portion is illustrated to be perpendicular to the vertical longitudinal direction of the outer housing walls);
and the heating element (4) is constructed to at least partially surround the first portion (see Fig. 5; [0057]; heating element is wound around the central first portion which is considered equivalent to surrounding said portion).
Regarding Claim 3, Fraser further discloses the liquid guide element (6) also comprises a second portion (6d) extending from the first portion (6c) to the liquid storage chamber (3) in the longitudinal direction of the outer housing (see Fig. 5; [0058]; the second portions are illustrated in a way where they appear to be extending parallel to the longitudinal direction of the outer housing walls);
and the second portion (6d) is constructed to be in fluid communication with the liquid storage chamber (3) to suck the liquid substrate (see Fig. 5; [0057-0058]; the second portion has ends 6a which are in fluid communication with the storage chamber tank to receive liquid from said chamber).
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.
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 4-7, 9-13 and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Fraser et al (Publication No. US20200000151A1) as applied to Claims 2 and 3 above, and further in view of Lei et al (Publication No. US20230076495A1).
Regarding Claim 4, Fraser further discloses that the heating element (4) is housed in an atomizing chamber (7), wherein the chamber is surrounded by a buffer material to form the buffer space (50) (Fig. 7; [0063]). The material that forms the buffer space can be made of a rigid self-supporting material such as foam or porous ceramic, or it can alternatively be made of plastic which is provided with holes or channels (i.e., first capillary grooves) to form an absorbent structure to absorb vaporized liquid from the heater or condensate ([0063, 0066]; disclosing that the buffer space may include channels to form an absorbent structure is considered equivalent to a capillary groove).
Fraser does not explicitly disclose that the first capillary grooves are on the walls such that they partially surround the first portion and are arranged to be positioned on at least one side of the part of the first portion surrounded by the heating element in the extension direction of the first portion.
However, Lei, directed to a vaporization device, discloses a vaporization assembly (14) arranged in a vaporization cavity (13), wherein the vaporization cavity comprise a first capillary liquid absorbing structure (15) on the inner wall of said cavity (Figs. 2-4; Abstract, [0036, 0039]). The vaporization assembly may be a matched fiber cotton and heating wire assembly (i.e., wick and heating element) as shown in Figure 4, wherein the capillary structure (15) is a series of grooves that partially surrounds the vaporization assembly where the heating coil is disposed, resulting in a structure that can absorb aerosol substrate (i.e., liquid) splashing from the cavity wall or condensate (see Figs. 2, 4; [0036-0040]; the middle portion of the vaporization assembly wherein the heating coil is disposed is considered equivalent to the first portion; the capillary groove structure is shown to extend in a horizontal direction that matches with the extending direction of the first portion).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the cavity chamber walls and absorbent structure disclosed by Fraser to explicitly incorporate a capillary groove structure that partially surrounds and extends along the same direction as the first portion as disclosed by Lei, as both are directed to a vaporization device, where Lei explicitly teaches a known capillary groove structure surrounding and extending along the first portion that provides the same advantages of absorbing condensate and extraneous vaporizing liquid as the absorbent structure taught by Fraser; this also involves substituting a known absorbent structure disclosed by Fraser, with another known absorbent groove structure disclosed by Lei to predictably yield an absorbent structure around and extending along the first portion that will absorb condensate.
Regarding Claim 5, Modified Fraser further discloses the first capillary groove is arranged to be perpendicular to the extension direction of the first portion (6c) (see Claim 4 for modifying Fraser’s absorbent structure with Lei’s capillary groove structure; Lei, see Figs. 2, 4; the capillary groove structure has the groove orientated perpendicular to the horizontal extending direction of the first portion).
Regarding Claim 6, Modified Fraser discloses a cage (51) (i.e., first support) formed from wire or plastic that defines the outer perimeter of the vaporization chamber (7) and supports the heater (4) and wick conduits (6) (Fig. 8; [0065]). The buffer material (50) which forms the capillary grooves (see Claim 16 for full modification), is secured with the cage (51) [0065]. Modified Fraser does not explicitly disclose the support configured to at least partially accommodate and retain the first portion, and the first capillary groove is arranged on a surface of the first support adjacent to the first portion.
However, Lei, directed to a vaporization device, discloses a vaporization cavity (13) formed from a first carrier (16) and second carrier (17) (i.e., first support), wherein the first capillary structure (15) is formed on an inner wall (i.e., surface) of the second carrier adjacent to the first portion of the vaporization assembly (see Figs. 3-5; [0048]; the portion of the assembly wherein the heating coil is disposed is considered the first portion; the capillary structure is shown to be adjacent to the first portion along the extending direction; the second carrier is illustrated to have hollow indents which accommodate the end parts of the first portion; this is considered equivalent to retaining the first portion). By arranging the structures on the side walls of the carrier support, the required distance between the assembly (14) and structure (15) can be reduced while still maintaining sufficient airflow for the device to operate (see Figs. 3-5; [0049-0051]; the sidewalls where the grooves are disposed are considered adjacent to the first portion).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the support disclosed by Fraser to have hollowed sections for accommodating and retaining the first portion, wherein the capillary groove structures are arranged on the carrier support surface adjacent to said first portion as disclosed by Lei, as both are directed to a vaporization device, where Lei teaches the advantage of having the capillary groove structure on the sidewall surfaces close to the first portion as it allows the distance between the heating element/assembly and the structure to be reduced while still maintaining sufficient airflow to operate the device [0051].
Regarding Claim 7, Modified Fraser further notes that the liquid buffer space (50) comprises a barrier chamber extending in the longitudinal direction of the outer housing, the barrier chamber being constructed to at least partially surround the second portion (6d) (Fraser, see annotated Figs. 5-6; [0057-0058]; discloses that the buffer space material extends along the longitudinal length of the second portion; the portion of the chamber 7 that forms from the longitudinal extension of the buffer space 50 that matches the second portion is considered equivalent to the barrier chamber; the buffer is in proximity or contact of the second portion which implies that it at least partially surrounds the second portion from the outer sides as shown in the annotated figures).
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Regarding Claim 9, Modified Fraser does not explicitly disclose that a length of the barrier chamber extending in the longitudinal direction of the outer housing is less than 1/2 the extension length of the second portion.
However, it should be noted that change in form or shape, without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04.IV.B). In this case, Fraser notes that the buffer space (50) extends the distance of portions of the second portion (6d), wherein the proximity and/or contact with the buffer space (50) is what enables the liquid transfer of liquid from the wick to the buffer [0058]. This would apply to the buffer space which is a part of the overall buffer space (50) defined by its parallel extension with the second portion.
As such, it would be an obvious engineering design choice for one ordinarily skilled in the art to adjust the shape of the barrier space such that its length will only extend less than ½ of the extension length of the second portion since the liquid transfer capability of the buffer/barrier space will still be maintained as long as a portion of the wick is still in relative proximity and/or contact with the buffer space to absorb liquid.
Regarding Claim 10, Modified Fraser further discloses the second portion (6d) has a liquid suction end (6a/b) next to the liquid storage chamber (3) (Fraser, Fig. 5; [0057-0059]); and
the barrier chamber avoids the liquid suction end (Fraser, see annotated Figs. 5-6 below; the barrier chamber is identified as chamber 7 which extends the length along the length of the second portion, but does is illustrated to stop before the suction ends 6a/b).
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Regarding Claim 11, Modified Fraser further discloses that the buffer space (50) that is formed from the vaporization chamber (7) is also in contact and/or proximity to the second portion (6d) and its ends (6a/b) which receive liquid from the tank chamber (3) (Fraser, Fig. 5; [0057-0058]). Modified Fraser does not explicitly disclose that the liquid buffer space further comprises a second capillary groove arranged surrounding the second portion.
However, Lei, directed to a vaporization device, discloses a vaporization cavity (13) formed from a first carrier (16) and second carrier (17) (i.e., first support), wherein the first capillary structure (15) is formed on an inner wall (i.e., surface) of the second carrier adjacent to the first portion of the vaporization assembly (see Figs. 3-5; [0048]). By arranging the structures on the side walls of the carrier support, the required distance between the assembly (14) and structure (15) can be reduced while still maintaining sufficient airflow for the device to operate (see Figs. 3-5; [0049-0051]).
Though Lei’s disclosure has the structure on the sidewall adjacent to the first portion of the vaporization assembly, it should be noted that rearrangement of parts without modifying the operation of the device is held to be an obvious matter of design choice that gives predictable results (see MPEP § 2144.04.VI.C).
In this case, Lei also notes that the arrangement of the absorbing structure (15) is not limited to what is illustrated in the drawings, and can be disposed on a different inner wall such as the bottom wall or other sidewall [0048]. Additionally, Modified Fraser discloses that the second portions (6d) are also in proximity and/or contact with the buffer (50), which is supported by the support component (51), wherein the buffer can be molded to have structures that assist in absorbing liquid from the aerosol stream (Figs. 5, 8; [0057-0058, 0064-0066]; the buffer and support being in proximity and/or contact implies that said buffer and support forms a space around the second portion).
As such, it would be obvious to one ordinarily skilled in the art to make the design choice to add and arrange capillary absorbent structures on a sidewall of Modified Fraser’s support structure as disclosed by Lei, wherein said sidewall is an inner surface located in proximity to Modified Fraser’s second portion (6d) to predictably result in the support having a first and second capillary structure on sidewalls of the carrier support that is capable of absorbing excess liquid from the aerosol stream.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the support disclosed by Modified Fraser to have capillary structures on an inner sidewall of the support as disclosed by Lei, wherein said sidewall (and capillary structure) is located around the second portion, as both Fraser and Lei are directed to a vaporization device with capillary structures for absorbing excess liquid from an atomizing chamber, where Lei teaches the advantage of having the capillary groove structure on the sidewall surfaces close to a portion of the vaporization assembly as it allows the distance between the assembly and the structure to be reduced while still maintaining sufficient airflow to operate the device [0051].
Regarding Claim 12, Modified Fraser further discloses the second capillary groove is arranged to be parallel to the extension direction of the second portion (see Claim 11 for full modification; Fraser was modified to include capillary groove structures from Lei which run parallel to the longitudinal direction of the device; the second portion also extends parallel to the longitudinal direction of the device and thus will also be parallel to the capillary groove structures).
Regarding Claim 13, Modified Fraser further discloses the second portion (6d) has a liquid suction end (6a/b) next to the liquid storage chamber (3) (Fraser, Fig. 5; [0057-0059]); and
the second capillary groove is next to the liquid suction end (6a/b) (Fraser, see Figs. 5-8; [0057-0058]; see Claim 11 for full modification of the second capillary grooves; buffer space is formed with the support and is shown to extend up to the liquid suction ends 6a/b; the buffer and support portions have been modified to include capillary grooves which extend the distances of the second portion which terminate next to the suction ends as shown in Fig. 6).
Regarding Claim 16, Fraser further discloses that the heating element (4) is housed in an atomizing chamber (7), wherein the chamber is surrounded by a buffer material to form the buffer space (50) (Fig. 7; [0063]). The material that forms the buffer space can be made of a rigid self-supporting material such as foam or porous ceramic, or it can alternatively be made of plastic which is provided with holes or channels (i.e., first capillary grooves) to form an absorbent structure to absorb vaporized liquid from the heater or condensate ([0063, 0066]; disclosing that the buffer space may include channels to form an absorbent structure is considered equivalent to a capillary groove).
Fraser does not explicitly disclose that the first capillary grooves are on the walls such that they partially surround the first portion and are arranged to be positioned on at least one side of the part of the first portion surrounded by the heating element in the extension direction of the first portion.
However, Lei, directed to a vaporization device, discloses a vaporization assembly (14) arranged in a vaporization cavity (13), wherein the vaporization cavity comprise a first capillary liquid absorbing structure (15) on the inner wall of said cavity (Figs. 2-4; Abstract, [0036, 0039]). The vaporization assembly may be a matched fiber cotton and heating wire assembly (i.e., wick and heating element) as shown in Figure 4, wherein the capillary structure (15) is a series of grooves that partially surrounds the vaporization assembly where the heating coil is disposed, resulting in a structure that can absorb aerosol substrate (i.e., liquid) splashing from the cavity wall or condensate (see Figs. 2, 4; [0036-0040]; the middle portion of the vaporization assembly wherein the heating coil is disposed is considered equivalent to the first portion; the capillary groove structure is shown to extend in a horizontal direction that matches with the extending direction of the first portion).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the cavity chamber walls and absorbent structure disclosed by Fraser to explicitly incorporate a capillary groove structure that partially surrounds and extends along the same direction as the first portion as disclosed by Lei, as both are directed to a vaporization device, where Lei explicitly teaches a known capillary groove structure surrounding and extending along the first portion that provides the same advantages of absorbing condensate and extraneous vaporizing liquid as the absorbent structure taught by Fraser; this also involves substituting a known absorbent structure disclosed by Fraser, with another known absorbent groove structure disclosed by Lei to predictably yield an absorbent structure around and extending along the first portion that will absorb condensate.
Regarding Claim 17, Modified Fraser further discloses the first capillary groove is arranged to be perpendicular to the extension direction of the first portion (6c) (see Claim 4 for modifying Fraser’s absorbent structure with Lei’s capillary groove structure; Lei, see Figs. 2, 4; the capillary groove structure has the groove orientated perpendicular to the horizontal extending direction of the first portion).
Regarding Claim 18, Modified Fraser discloses a cage (51) (i.e., first support) formed from wire or plastic that defines the outer perimeter of the vaporization chamber (7) and supports the heater (4) and wick conduits (6) (Fig. 8; [0065]). The buffer material (50) which forms the capillary grooves (see Claim 16 for full modification), is secured with the cage (51) [0065]. Modified Fraser does not explicitly disclose the support configured to at least partially accommodate and retain the first portion, and the first capillary groove is arranged on a surface of the first support adjacent to the first portion.
However, Lei, directed to a vaporization device, discloses a vaporization cavity (13) formed from a first carrier (16) and second carrier (17) (i.e., first support), wherein the first capillary structure (15) is formed on an inner wall (i.e., surface) of the second carrier adjacent to the first portion of the vaporization assembly (see Figs. 3-5; [0048]; the portion of the assembly wherein the heating coil is disposed is considered the first portion; the capillary structure is shown to be adjacent to the first portion along the extending direction; the second carrier is illustrated to have hollow indents which accommodate the end parts of the first portion; this is considered equivalent to retaining the first portion). By arranging the structures on the side walls of the carrier support, the required distance between the assembly (14) and structure (15) can be reduced while still maintaining sufficient airflow for the device to operate (see Figs. 3-5; [0049-0051]; the sidewalls where the grooves are disposed are considered adjacent to the first portion).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the support disclosed by Fraser to have hollowed sections for accommodating and retaining the first portion, wherein the capillary groove structures are arranged on the carrier support surface adjacent to said first portion as disclosed by Lei, as both are directed to a vaporization device, where Lei teaches the advantage of having the capillary groove structure on the sidewall surfaces close to the first portion as it allows the distance between the heating element/assembly and the structure to be reduced while still maintaining sufficient airflow to operate the device [0051].
Claims 8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Fraser et al (Publication No. US20200000151A1) in view of Lei et al (Publication No. US20230076495A1) as applied to Claim 7 above, and further in view of Nettenstrom et al (Publication No. US20190046745A1).
Regarding Claim 8, Fraser discloses a cage (51) (i.e., first support) formed from wire or plastic that defines the outer perimeter of the vaporization chamber (7) and supports the heater (4) and wick conduits (6) (Fig. 8; [0065]). The buffer material (50) which forms the capillary grooves (see Claim 16 for full modification), is secured with the cage (51) [0065].
Fraser does not explicitly disclose the following:
a first support, configured to at least partially accommodate and retain the second portion;
and the first support is provided with a window or hollow part adjacent to the second portion; and
the barrier chamber is defined by the window or the hollow part.
Regarding (I-III), Nettenstrom, directed to a vapor provision system, discloses a cartomizer comprising a wick that extends from inside a chamber to an atomizing chamber to convey liquid from a reservoir to the atomizing chamber for vaporization (Abstract). The wick (440) comprises a first portion wherein the heating element is coiled around, and a second portion on either side of the first portion (see Fig. 4; [0051]).
The cartomizer further comprises an inner frame (430) and primary seal/plug (460) (i.e., first support) that defines an atomizer chamber 465 which includes a surface (152) for resting the wick on (Figs. 4, 6A, 11; [0047, 0050, 0103]; the pedestal surface 152 allows the wick to rest which is considered equivalent to accommodating said wick; Figure 6A illustrates the edge supporting the portions of the wick that does not have the heating element arranged around it which is equivalent to supporting the second portion). Adjacent to the pedestal and supported wick is are slots (569/569a) (i.e., hollow parts) of the cavity wall which allow the wick to be positioned within the chamber (Figs. 4, 6A, 11; [0051]).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the support disclosed by Fraser to form a primarily plug component with hollow slot parts as disclosed by Nettenstrom, as both are directed to a vapor device, where one ordinarily skilled in the art could apply the structure of the support/plug disclosed in Nettenstrom, to another similar support disclosed in Fraser and predictably result in an atomizing chamber formed from the support and barrier space, wherein the support provides an accommodating and retaining structure for the second portion via the hollow slots and side pedestal surfaces.
Regarding Claim 14, Modified Fraser further discloses a mouthpiece (35) disposed on one end of the tank (3) opposite to the other end of the tank wherein the heating element (4) is located, wherein the mouthpiece provides an outlet for the user to inhale from (Fig. 1; [0028]). Modified Fraser does not disclose the following:
a second support, accommodated in the first support; and
at least partially accommodating and retaining the second portion;
and the liquid buffer space further comprises a third capillary groove arranged on the second support adjacent to the second portion.
Regarding (I-II), Nettenstrom, directed to a vapor provision system, discloses a cartomizer comprising a wick that extends from inside a chamber to an atomizing chamber to convey liquid from a reservoir to the atomizing chamber for vaporization (Abstract). The wick (440) comprises a first portion wherein the heating element is coiled around, and a second portion on either side of the first portion (see Fig. 4; [0051]).
The cartomizer further comprises an inner frame (430) and primary seal/plug (460) (i.e., first support) that defines an atomizer chamber 465 which includes a surface (152) for resting the wick on (Figs. 4, 6A, 11; [0047, 0050, 0103]). The inner frame (430) is a rigid component that is assembled with the cartomizer plug (460) to form the atomizing chamber while also providing a bottom wall for the liquid reservoir and a central hole (471) which can connect the atomizing chamber to the mouthpiece (250) (Fig. 4; [0051-0055]; the inner frame has a lower section 436 which covers the plug 460 and appears to also cover the second portion of the wick; this is considered equivalent to the inner frame accommodating and retaining the second portion).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the support disclosed by Fraser to include an inner frame as disclosed by Nettenstrom, as both are directed to a vapor device, where one ordinarily skilled in the art could apply the structure of the support/plug disclosed in Nettenstrom, to another similar support disclosed in Fraser and predictably result in an atomizing chamber formed from the first and second support that will also provide an airflow pathway to the mouthpiece for the user to inhale from.
Regarding (III), Lei, directed to a vaporization device, discloses a vaporization cavity (13) formed from a first carrier (16) and second carrier (17) (i.e., support), wherein the first capillary structure (15) is formed on an inner wall (i.e., surface) of the second carrier adjacent to the first portion of the vaporization assembly (see Figs. 3-5; [0048]). By arranging the structures on the side walls of the carrier support, the required distance between the assembly (14) and structure (15) can be reduced while still maintaining sufficient airflow for the device to operate (see Figs. 3-5; [0049-0051]).
Though Lei’s disclosure has the structure on the sidewall adjacent to the first portion of the vaporization assembly, it should be noted that rearrangement of parts without modifying the operation of the device is held to be an obvious matter of design choice that gives predictable results (see MPEP § 2144.04.VI.C). In this case, Lei also notes that the arrangement of the absorbing structure (15) is not limited to what is illustrated in the drawings, and can be disposed on a different inner wall such as the bottom wall or other sidewall [0048].
Furthermore, Modified Fraser discloses that the second portions (6d) are also in proximity and/or contact with the buffer (50), which is supported by the support component (51), wherein the buffer can be molded to have structures that assist in absorbing liquid from the aerosol stream (Fraser, Figs. 5, 8; [0057-0058, 0064-0066]; see above for modifying the buffer and support to include a second support; the second support is also in contact with the second portion as shown in Nettenstrom Figure 4, via the slot surfaces and section 436).
As such, it would be obvious to one ordinarily skilled in the art to make the design choice to add and arrange capillary absorbent structures on a sidewall or bottom surface of Modified Fraser’s support structure as disclosed by Lei, wherein said sidewall or bottom surface is located in proximity to Modified Fraser’s second portion (6d) to predictably result in the second support having a [third] capillary structure that is capable of absorbing excess liquid from the aerosol stream.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the second support disclosed by Modified Fraser to have capillary structures on its side and/or bottom walls as disclosed by Lei, wherein said sidewall (and capillary structure) is located around the second portion, as both Modified Fraser and Lei are directed to a vaporization device with capillary structures for absorbing excess liquid from an atomizing chamber, where Lei teaches the advantage of having the capillary groove structure on the sidewall surfaces close to a portion of the vaporization assembly as it allows the distance between the assembly and the structure to be reduced while still maintaining sufficient airflow to operate the device [0051].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lei et al (Publication No. US20230063069A1) – Vaporizer with a vaporizing core that comprises liquid buffer structures for absorbing liquid reflux that leaks from the vent channel of a porous substrate.
Chen (Publication No. US20160121058A1) – Atomizer with an atomizer base that defines an atomizing cavity wherein the wick is partially located in.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vu P Pham whose telephone number is (703)756-4515. The examiner can normally be reached M-Th (7:30AM-4:00PM EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip 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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/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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