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Claims 14-15 remains withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/09/2026.
Response to Arguments
Applicant’s arguments filed 09/02/2026 have been fully considered but are not persuasive.
Applicant has amended independent claim 1 to incorporate the limitation previously recited in claim 5, namely, “the storage groove has a width that becomes smaller toward a direction away from the storage unit.” Applicant argues that Kim does not teach this limitation because upper opening/storage groove 1382 allegedly maintains substantially the same width in the direction away from storage unit 1300, and because the sidewalls are allegedly substantially parallel such that the width does not gradually decrease toward the liquid delivery means.
Applicant’s argument is not persuasive. The prior Office Action expressly addressed this limitation with respect to former claim 5 and identified Kim’s storage groove 1382 as having a width that becomes smaller toward a direction away from storage unit 1300. Accordingly, Applicant’s assertion that the Office failed to identify a teaching of this limitation is not supported by the record.
Further, Applicant’s argument relies on requirements that are not recited in amended claim 1. Claim 1 does not require that the width decrease gradually or continuously, that the sidewalls be nonparallel throughout the storage groove, that the width decrease specifically toward the liquid delivery means, or that the decrease occur along any particular depth or z-direction. Rather, claim 1 broadly requires that the storage groove has a width that becomes smaller toward a direction away from the storage unit. While the claim language is interpreted in light of the Specification, limitations from a particular disclosed embodiment may not be imported into the claim where such limitations are not recited.
As previously identified in the Office Action, Kim’s storage groove 1382, as illustrated in Kim, satisfies the dimensional relationship actually recited in the claim. Applicant’s characterization of the groove as having substantially parallel sidewalls does not establish otherwise, particularly where the claim does not require any particular sidewall configuration or manner or degree by which the width becomes smaller.
Accordingly, incorporation of the limitation of former claim 5 into independent claim 1 does not distinguish the claimed invention from Kim. Therefore, Applicant’s arguments do not overcome the rejection of claim 1, and the claims depending therefrom, under 35 U.S.C. § 102(a)(1).
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.
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Claim(s) 1-4 and 6-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (machine translation of KR 10-2018-0124736 A).
Regarding claim 1, Kim teaches a vaporizer (130) (¶ [0031]):
a storage unit (1300) configured to store an aerosol-generating material (¶ [0033] liquid composition that generates aerosol),
a wick (135, liquid delivery means) configured to absorb the aerosol-generating material (¶ [0105] liquid composition),
a heating element (136) configured to heat the aerosol-generating material absorbed in the wick (¶ [0046] heating element 136 heats liquid delivery means 135),
an accommodating unit (accommodating structure including 138 and 134 shown in annotated Figs. 3 and 4) configured to accommodate the wick (see annotated Fig. 3 where wick 135 is received within the accommodating structure formed by 138 and 134),
including a support groove (1381, coupling groove) for supporting the wick (see Fig. 4, wick 135 supported by 1381),
and a storage groove (1382 and connected storage space within 138) for temporarily storing the aerosol-generating material to deliver the aerosol-generating material to the wick (¶ [0077] 1382 stores liquid composition before absorption by liquid delivery means 135; ¶ [0079]),
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wherein a maximum width of the storage groove (1382) is greater than a maximum width of the support groove (1381) (see Figs. 5a and 5b, width of 1382 > width of 1381).
Kim teaches wherein the storage groove (see annotated Fig. 3) has a width that becomes smaller toward a direction away from the storage unit (1300).
Regarding claim 2, Kim teaches that the storage groove 1382 includes:
a first region (see annotated Fig. 5b) extending in a longitudinal direction (y-direction) of the wick (135) from an end portion of the wick (135); and
a second region (see annotated Fig. 5b) extending in a width direction (x-direction) along a width axis crossing the longitudinal direction of the wick from the end portion of the wick (135).
Regarding claim 3, Kim teaches the vaporizer of claim 2, wherein the second region (see annotated Fig. 5b) extends from the end portion of the wick (135) to both directions along the width axis (x-direction).
Regarding claim 4, Kim teaches the vaporizer of claim 2, wherein the second region (see annotated Fig. 5b) extends from the end portion of the wick (135) to one direction along the width axis (x-direction).
Regarding claim 6, Kim teaches the vaporizer of claim 1, further comprising a sealing unit (132+139) coupled to the storage unit (1300), and having an opening (1321) through which the aerosol-generating material moves from the storage unit (1300) to the storage groove (1382), wherein the opening (1321) is positioned to correspond to the storage groove (1382) when the sealing unit (132) and the accommodating unit (138+134) are coupled (see annotated Fig. 3). (¶¶ [0032]-[0034]; ¶¶ [0076]-[0078]).
Regarding claim 7, Kim teaches the vaporizer of claim 1, further comprising a sealing unit (132) coupled to the storage unit (1300), and having an opening (1321) through which the aerosol-generating material moves from the storage unit (1300) to the storage groove (1382), wherein the maximum width of the storage groove (1382) is equal to or greater than a maximum width of the opening (1321) (see annotated Fig. 3). (¶¶ [0076]-[0078]; Fig. 3).
Regarding claim 8, Kim teaches the vaporizer of claim 1, further comprising a sealing unit (132+139) coupled to the storage unit (1300), and having an opening (1321) through which the aerosol-generating material moves from the storage unit (1300) to the storage groove (1382), wherein the accommodating unit (138+134) and the sealing unit (132) form a cavity (see annotated Fig. 3). (¶¶ [0032]-[0034]; ¶¶ [0076]-[0078]).
Regarding claim 9, Kim teaches the vaporizer of claim 8, wherein the sealing unit 132 +139 (see annotated Fig. 3) is in contact with the wick 135 (see annotated Fig. 3) such that the sealing unit 132 (see annotated Fig. 3) and the support groove 1381 (see annotated Fig. 3) surround at least a portion of the wick 135 (see annotated Fig. 3).
This aligns with Applicant’s instant specification that treats “contact” as including a state where the sealing unit and accommodating unit are coupled together (¶¶ ([104]–[105]). Applicant’s spec further states that a portion of the wick may be surrounded by the sealing unit and the accommodating unit, and specifically by the support groove and sealing unit (¶ 115). In Kim, once sealing unit 132/139 is assembled with accommodating unit 138/134, wick 135 is held in support groove 1381 between those structures, satisfying the claimed relationship.
Regarding claim 10, Kim teaches the vaporizer of claim 8, wherein the sealing unit (upper cap portion 132 and film member 139) further has an extension surface (133) connected to the opening (1321) and inclined toward the wick (liquid delivery means 135). (¶ [0048]). (¶ [0051]). (Annotated Figs. 3, 4).
Regarding claim 11, Kim teaches the vaporizer of claim 8, wherein the wick (135) includes a first end portion, a second end portion, and a central portion between the first end portion and the second end portion, wherein the central portion of the wick (135) and the heating element (136) are disposed in the cavity formed when the sealing unit (132, 139) and accommodating unit (138, 134) are coupled, (¶ [0046]). (¶ [0073]) (annotated Fig. 3. Fig. 4).
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Regarding claim 12, Kim teaches the vaporizer of claim 8, wherein the accommodating unit (sealing portion 138 and lower cap 134) includes an inlet (see annotated Fig. 4) through which outside air is introduced. (¶ [0094]). (¶ [0095]) and an outlet (see annotated Fig. 4) through which an aerosol generated in the cavity is discharged. (¶ [0080]). (¶ [0081]). (¶ [0101]).
Regarding claim 13, Kim teaches the vaporizer of claim 1, wherein the wick is in contact with an inner surface of the storage groove. (annotated FIG. 3-4)
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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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