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 1-10 are pending and are subject to this office action. This is the first Office Action on the merits of the claims.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (US 20230134064 A1) in view of Lee (US 20220369707 A1).
Regarding claim 1, Yang discloses an electronic cigarette (Fig. 1), comprising:
A mouthpiece (smoking port 116), cartridge body (portion of housing 100 extending from smoking port 116 to second oil absorbing member 108), an e-liquid storage barrel (e-liquid storage cavity 101), a glass fiber tube (glass fiber pipe 102D), an atomization assembly (102), and a cartridge body cover assembly (second oil absorbing member 108, Fig. 4, Fig. 5, [0027, 0035]).
The mouthpiece (116) and cartridge bottom cover assembly (108) are arranged at a top end and bottom end of the cartridge body (portion of housing 100 extending from smoking port 116 to second oil absorbing member 108), respectively (Fig. 4).
The e-liquid storage barrel (101) is arranged in the cartridge body (Fig. 4)
A first through hole (defined by atomization gas pipe 120) extends through the e-liquid storage barrel (101, Fig. 4, [0042]),
The glass fiber tube (102D) has a hollow cylindrical structure (Fig. 5) and is fixedly arranged in the first through hole (120, Fig. 4, Fig. 5, [0042, 0046-0047]).
The atomization gas pipe (120) defines a passage for delivering aerosol from the atomization assembly (102) to the mouthpiece (116, i.e. an airflow channel, Fig. 4, Fig. 5, [0042, 0046])
The atomization assembly (102) is fixedly arranged in the airflow channel (120, Fig. 4, Fig. 5, [0045])
A power receiving electrode (heating member pin 109) passes through the cartridge bottom cover assembly (108) and is electrically connected to the heating member (102C) of the atomization assembly (102, Fig. 4, Fig. 5, [0048])
The contents of the device extending from the mouthpiece (116) to the cartridge bottom cover assembly (108) are considered to be a cartridge.
Yang discloses the cartridge bottom cover assembly (108) is a cotton that prevents leakage of e-liquid from reaching the power supply assembly (103, [0051-0052, 0055]).
Yang does not explicitly disclose the cartridge bottom cover assembly (108) is provided with a liquid storage tank for storing condensate generated in the airflow channel, where the liquid storage tank has airflow holes on a side edge.
However, Lee, directed to an aerosol generating device (abstract), discloses
A cap (240, “cartridge bottom cover assembly”) coupled to the lower end of a liquid storage (210), where the cap (240) has a droplet accommodation portion (250) for storing droplets (condensate) in a recessed space (252, 254) and preventing leakage (Fig. 5-7, [0005, 0093, 0111, 0113])
A liquid storage tank is interpreted as any structure (groove, recess, channel, etc.) capable of storing condensate and therefore a cap (240) comprising a droplet accommodation portion (250) is considered to meet the limitation of a liquid storage tank.
The droplet accommodation portion (250) is located below the aerosol discharge portion (270, “air channel”, Fig. 5, [0089]).
The cap (240) comprises two air flow holes (262h, 262h-2) on a side edge (i.e. located away from the center) of the cap (240) for introducing external air into the cartridge (Fig. 5-7, [0126-0127]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Yang by providing a cap/bottom cover with a droplet accommodation portion/liquid storage tank below the second oil absorbing member (108) as taught by Lee because both Yang and Lee are directed to aerosol generating devices, Lee teaches the cap having a droplet accommodation portion prevents leaks, and this involves applying a known leakage prevention structure to a similar aerosol generating device to yield predictable results.
Regarding claim 2, Lee discloses two air flow holes (262h, 262h-2) arranged on both side of the cap (240, Fig. 5-7, [0126-0127]).
The following is made in reference to the below annotated Fig. 4 (Yang).
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Regarding claim 3, Yang discloses:
An upper silica gel (second sealing member 110, made of silica gel [0043]) connected with a top end of the e-liquid storage barrel (101, Fig. 4, [0042-0043]),
An e-liquid storage cotton (cotton core 102B) arranged in the e-liquid storage barrel (101, Fig. 4, Fig. 5, [0045])
The upper silica gel (110) seals a top end of the e-liquid storage barrel (101, [0043])
The upper silica gel configured for positioning the e-liquid storage cotton is interpreted as the upper silica gel holding or supporting the e-liquid storage cotton in place. The upper silica gel (110), glass fiber tube (102D), core pipe silica gel (102E), and the e-liquid storage cotton (102B) are stacked sequentially within the airflow channel (120, Fig. 4, Fig. 5, [0046]) and therefore the upper silica gel (110) is considered to be configured for positioning the e-liquid storage cotton (102B).
A second through hole is arranged in the upper silica gel (110) in communication with the first through hole (120, Fig. 4).
Regarding claim 4, Yang discloses:
An lower silica gel (first sealing member 105, made of silica gel [0043]) connected with a bottom end of the e-liquid storage barrel (101, Fig. 4, [0042-0043]),
The lower silica gel (105) seals a bottom end of the e-liquid storage barrel (101, [0043])
A connecting column (top portion of mounting base 102A) is arranged in the center of the upper surface of the lower silica gel (105) and the outer diameter of the connecting column is in alignment (“matched”) with the airflow channel (120) such that the connecting column (102A) is arranged in the airflow channel (120, Fig. 4, [0048])
A third through hole penetrates through the connecting column (102A) and the lower silica gel (105) and is communication with the airflow channel (120, Fig. 4).
Regarding claim 5, Yang discloses:
An e-liquid absorbing cotton (e-liquid adsorbing member 111, made of cotton [0055]) arranged on the upper surface of the upper silica gel (110) for absorbing insufficiently atomized e-liquid Fig. 4, [0053-0054])
The portion of the upper surface of the upper silica gel (110) that is supporting the e-liquid absorbing cotton (111) is considered to be a positioning groove for placing the e-liquid absorbing cotton.
Yang does not explicitly disclose the e-liquid absorbing cotton (111) is configured to absorb condensate generated by the mouthpiece (116). However, the e-liquid absorbing cotton (111) is an absorbent structure positioned between the mouthpiece channel (116) and the airflow channel (120) and therefore a person having ordinary skill in the art would reasonably expect the e-liquid absorbing cotton (111) to be capable of absorbing condensate generated by the mouthpiece.
Yang does not explicitly disclose a fourth through hole arranged in the e-liquid absorbing cotton (111). However, an e-liquid absorbing cotton (111, [0055]) reasonably suggests a porous structure having holes that allow air from the second through hole to pass through. Therefore the e-liquid absorbing cotton (111) is considered to have a fourth through hole in communication with the second through hole that extends through the upper silica gel (110).
Regarding claim 6, Yang discloses the outer walls of the upper (110) and lower silica gel (105) are provided with convex rings (shown as ridges on outer edge in Fig. 5).
In regards to the limation that the convex rings are used to further improve sealing performance, the Examiner notes that claim 6 is directed to an electronic cigarette cartridge and is limited to the positively recited structural elements of the cartridge. The convex rings being used to further improve sealing performance is claimed as intended use. However, as discussed above, Yang discloses a upper and lower silica gel (110, 105) that comprises each of the structural elements required by the claim that are used for sealing the e-liquid storage barrel (110, [0043]) and therefore the convex rings in the upper and lower silica gel (110, 105) are considered to be capable of improving sealing performance.
Regarding claim 7, Yang discloses the bottom face of the lower silica gel (105) is provided with grooves in the shape of an “x” (Fig. 5).
In regards to the limitation directed to the airflow guide groove reducing suction resistance, the Examiner notes that claim 7 is directed to an electronic cigarette cartridge and limited to the positively recited structural elements of the cartridge. The airflow guide grooves reducing suction resistance is claimed as a function of the airflow guide grooves. However, as discussed above, Yang discloses a groove on the bottom face of the lower silica gel as required by claim 7 and therefore the grooves are considered to be capable of reducing suction resistance.
Regarding claim 8, Yang discloses the mouthpiece (116) and the cartridge body (portion of housing 100 extending from smoking port 116 to second oil absorbing member 108) are integrally formed (Fig. 4).
Regarding claim 9, Yang discloses a cartridge body (portion of housing 100 extending from smoking port 116 to second oil absorbing member 108, Fig. 4, Fig. 5). Lee discloses the cap (240, cartridge bottom cover) comprises protrusions on the outer edge (“a clamping block”, Fig. 7).
Modified Yang does not explicitly disclose the cartridge bottom cover (Lee:240) is buckled to the cartridge body with a corresponding clamping groove hole in the cartridge body.
However, Lee, directed to an aerosol generating device (abstract), further discloses:
The cap (240, “cartridge bottom cover”) is coupled to the storage (210) by an interference fit to seal the aerosol generating material in the storage (210 [0109-0110]).
The cap (240) comprises protrusions on the outer edge (“a clamping block”) and a corresponding recess (“clamping groove hole”) formed on the inner surface of the cartridge body, as shown in Fig. 7 below.
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Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Yang by providing a clamping groove hole in the cartridge body so that the cartridge bottom cover and cartridge body are coupled with an interference fit as taught by Lee because both Yang and Lee are directed to aerosol generating devices, Lee teaches the interference fit between the cap and cartridge body seals the opening, and this involves applying a known means of connecting a cover to a housing in a similar aerosol generating device to yield predictable results.
Regarding claim 10, Lee discloses the liquid tank (droplet accommodation portion 250) comprises recessed portions (252, 254) formed of bottom walls (252b, 254b) and sidewalls (254d, 254d, Fig. 6, Fig. 7, [0113]). The approximately right angle between the sidewalls and bottom walls of the recessed portions (252, 254) is considered to be an inclined angle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORGAN FAITH DEZENDORF whose telephone number is (571)272-0155. The examiner can normally be reached M-F 8am-430pm EST.
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/M.F.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755