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 1-30 are currently pending and are subject to this office action. Claims 1-9 are amended. Claims 11-30 are withdrawn. This office action is in response to Applicant’s amendment filed on 04/10/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 04/10/2026 containing amendments and remarks to the claims.
In response to Applicant’s amendments filed 04/10/2026, the Examiner withdraws the objection to the specification for minor informalities.
In response to Applicant’s amendments filed 04/10/2026, the Examiner withdraws the objections to claims 1, 3, 6, and 8 for minor informalities.
In response to Applicant’s amendments filed 04/10/2026, the Examiner withdraws the 35 U.S.C. 112(b) rejections for claims 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10.
Response to Arguments
Applicant’s arguments, on pages 12-17, filed 04/10/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. The Applicant has amended claim 1 to include limitations that were not previously presented, specifically, “ an atomizing base containing an accommodating groove and having three through holes in a bottom of the atomizing base…wherein the detecting chip is configured to detect and record working information of the heating member comprising a working time and a working temperature… a signal electrode connected to the detecting chip, wherein each of the first electrode, the second electrode, and the signal electrodes through one of the three through holes in the bottom of the atomizing base, configured to be connected to a power supply device… whereby the working information is sent from the detecting chip to the control board through the signal electrode”. However, upon further consideration, a new ground(s) of rejection is made in view of Johnson (US 20170303587 A1), Foo (WO 2013089551 A1), and Cheng (CN 111789305 A).
The following are modified rejections based on Applicant’s amendments to the claims.
Claim Objections
Claim 1 is objected to because of the following informalities:
Pg. 1, Line 11: “and sleeving over” should read “and sleeved over”
Pg. 2, Lines 3-4: “the signal electrodes through one of” should read “the signal electrode pass through one of”
Claims 2-10 are also objected due to their dependency on objected claim 1.
Appropriate correction is required.
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, 6, 7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20170224018 A1) as, and further in view of Johnson (US 20170303587 A1), Foo (WO 2013089551 A1), and Cheng (CN 111789305 A, hereinafter citations referring to English Machine Translation).
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With regard to Claim 1, Li teaches (i) an atomizer (Fig. 1: #10) comprising a ceramic heater (Fig. 1: #20), relating to the heating member of the claimed invention. (ii) A shell (Fig. 1: #101), relating to the atomizing cover of the claimed invention, is provided with a liquid inlet (Fig. 1: #102, [0013]) for communicating with chambers of an external liquid reservoir through a liquid guiding body [0013-0014 & 0037]. (iii) The liquid guiding body (Fig. 1: #103), relating to the liquid guiding member of the claimed invention, is disposed within the shell (Fig. 1: #101) and surrounds the heater (Fig. 1: #20, [0015]). The liquid guiding body (Fig. 1: #103) absorbs liquid entering from the liquid inlet (Fig. 1: #102, [0015]) and delivers it to the ceramic heater to generate aerosol [0014].
(iv) The atomizer may comprise an electrode assembly (Fig. 6: #303) comprising a first electrode (Fig. 2: #206) and a second electrode (Fig. 2: #207) included with the ceramic heater (Fig. 1: #20, [0023]). (v) The device may further comprise a temperature control-electrode (Fig. 2: #205), meeting the claim limitation of a signal electrode. (vi) The first and second electrodes (Fig. 2: #206 & #207) may be connected to the ceramic heater (Fig. 1: #20, [0021]) and the power supply [0020]. One of ordinary skill in the art would understand that a power supply has at least two terminals and in order for current to flow, the first and second electrode must be connected to a positive and negative pole. (vii) A controller may be arranged at the end of the shell (Fig. 1: #101, [0014]) and used to obtain temperature information of the ceramic heater to control and maintain a constant temperature of the ceramic heater within the atomizing core [0025]. The temperature control electrode (Fig. 2: #205) may feed back temperature information to the controller of the power supply [0025]. Li teaches all the limitations of the claims as set forth above, however Li is silent to:
An atomizing base containing an accommodating groove
Three through holes in a bottom of the atomizing base
An atomizing bracket, a first end of which is received in the accommodating groove
The heating member supported on the second end of the atomizing bracket
A detecting chip provided in the accommodating groove
Wherein the detecting chip is configured to detect and record working information of the heater member comprising a working temperature
Wherein the detecting chip is configured to detect and record working information of the heater member comprising a working time
The signal electrode connected to the detecting chip
Wherein each of the first electrode, the second electrode, and the signal electrodes pass through one of the three through holes in the bottom of the atomizing base, configured to be connected to a power supply device
Whereby the working information is sent from the detecting chip to the control board through the signal electrode
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In regards to i., ii., iii., iv., v., vi., viii., ix., and x, Johnson, directed to a heating assembly and aerosol generating device, teaches (i) a heating assembly comprising a backing plate (Fig. 9: #93) that recesses downward to form an accommodating space. (ii) The backing plate (Fig. 9: #93) comprises apertures (Fig. 9: #121) at the bottom of the plate to allow electrodes to pass through [0054]. (iii) A bracket (Fig. 9: #106) is situated on a circuit board (Fig. 9: #105) accommodated and fixed into the accommodating space of the backing plate (Fig. 9: #93). (iv) A heating plate (Fig. 5: #73) is held within a heater receptacle (Fig. 11: #95) on an upper end of the bracket (Fig. 9: #106, [0043]). (v) A microprocessor (Fig. 9: #103) is coupled with a circuit board (Fig. 9: #105) and provided in the accommodating space of the backing plate (Fig. 9: #93, [0052]).
(vi) The microprocessor is configured to collect various metrics, data points, and related information [0055], including temperature measurements of the vaporizer [0074]. One of ordinary skill in the art would find it obvious to incorporate the microprocessor-based temperature monitoring of Johnson into Li’s atomizer while keeping Li’s controller, as an alternative to Li’s controller-based temperature sensing and help to maintain even heat throughout the assembly [0074]. (vii) The backing plate (Fig. 9: #93) is provided with apertures (Fig. 9: #121) to receive a pair of electrodes distanced away from the heating plate (Fig. 5: #73, [0054]).
(viii) The oven assembly (Fig. 5: #13) may comprise an identification prong (Fig. 5: #87), relating to the signal electrode of the claimed invention, that correlate to stored values of the microprocessor (Fig. 9: #103, [0062]). The microprocessor retrieves a corresponding heat profile from the prong and initiates heating unit current supplied by the battery [0052]. (ix) Johnson further teaches wherein the apertures (Fig. 9: #121) at the bottom of the backing plate (Fig. 9: #93) are aligned and sized to allow electrodes from the battery to pass through into receiving terminals of the circuit board assembly (Fig. 9: #91, [0054]), meeting wherein each of the first electrode and the second electrode pass through respective through holes in the bottom of the atomizing base, configured to be connected to a power supply device. (x) The microprocessor (Fig. 9: #103) is configured to collect various metrics, data points, and related information [0055], including temperature measurements of the vaporizer [0074]. One of ordinary skill in the art would have found it obvious to use Li’s control electrode to communicate working information obtained by Johnson’s microprocessor to assist in adjusting the heating temperature and helping to maintain even heat throughout the assembly [0074].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the atomizer of Li to comprise an atomizing base containing an accommodating groove and three through holes in a bottom of the atomizing base; an atomizing bracket, a first end of which is received in the accommodating groove; the heating member supported on the second end of the atomizing bracket; a detecting chip provided in the accommodating groove; wherein the detecting chip is configured to detect and record working information of the heater member comprising a working temperature; the signal electrode connected to the detecting chip; wherein each of the first electrode, the second electrode, and the signal electrodes pass through one of the three through holes in the bottom of the atomizing base, configured to be connected to a power supply device; and whereby the working information is sent from the detecting chip to the control board through the signal electrode because both Li and Johnson are directed to improving temperature control in aerosol generating devices. Johnson teaches a device comprising an atomizing backing plate recessed with a groove comprising a bracket, heating member, through holes, microprocessor, and circuit board to securely hold the components in place [0054], effectively adjust a heating temperature, and help to maintain even heat throughout the assembly [0074] and this merely involves applying a known atomizer configuration to components of a known aerosol generating device ready for improvement to yield predictable results.
Further in regards to ii. and ix., Foo, directed to an electronic vaporization cigarette, teaches a switch base comprising a plurality of holes, wherein three of these holes are configured to receive wires (Pg. 14, Lines 21-31). It would have been obvious for one of ordinary to modify the base of modified Li in view of Johnson with Foo to comprise three apertures instead of two, to allow a respective through hole for each conductor to pass through to secure the connections between the circuit and one or more components of the device (Pg. 14, Lines 21-32). When combined with Li as modified by Johnson, each electrode passes through one of the three through holes in the bottom of the atomizing base, configured to be connected to a power supply device.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the atomizing base of modified Li to wherein the atomizing base has three through holes in a bottom of the atomizing base because both Li and Foo are directed to electrically powered aerosol generating devices. Foo teaches a base comprising three holes to allow respective wire connections to pass through (Pg. 14, Lines 21-32) and this merely involves the use of a known routing technique to improve similar devices in the same way.
Further in regards to vii., Cheng, directed to an electronic cigarette, teaches a storage/memory chip, wherein the battery stores and reads the operating time in the storage chip within the atomizer [0018] making it simple and effective in preventing the atomizer aging from affecting a user’s smoking experience [0011].
Therefore, before the effective filing date of the claimed invention, it would have been obvious to modify the detecting chip of modified Li to be configured to detect and record working information of the heating member, comprising a working time because both Li and Cheng are directed to improving the user experience in aerosol generating devices. Cheng teaches a storage chip that stores and reads an operating time to prevent the atomizer aging from affecting the smoke experience [0011] and this merely involves applying a known monitoring technique to a known processor ready for improvement to yield a predictable result.
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With regard to Claim 6, Li teaches (i) wherein the liquid reservoir (Fig. 6: #304) is contained within a main body (Fig. 6: #301). (ii) The main body is provided with chambers (Fig. 6: "C") containing liquid, an atomization area (Fig. 6: "A") to receive an atomizing core (Fig. 6: #10), and a plurality of pores in the liquid guiding body (Fig. 6: #103), meeting the claim limitation of a liquid outlet, where the liquid guiding body allows liquid to flow from the chambers (Fig. 6: "C") to the atomization area (Fig. 6: "A", [0013-0014]). (iii) The atomizing core can be detachably arranged inside of the main body (Fig. 6: #103, [0038]). One of ordinary skill in the art would find it obvious that the atomizing core is detachable from a bottom opening of the main body (Fig. 6: #301) based on the configuration of the device in Figure 6. The mouthpiece (Fig. 6: #302) is not disclosed as removable and the bottom is the only mechanically open end.
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With regard to Claim 7, Li teaches (i) a cartridge base (Fig. 6: "B"). One of ordinary skill in the art would find it obvious that the cartridge base (Fig. 6: "B") is fitted around an opening, relating to the mounting hole of the claimed invention, at the bottom of the main body (Fig. 6: #301) based on the atomizing core (Fig. 1: #10) being detachable from the main body [0038] and how the atomizing core (Fig. 1: #10) rests in between two sides of the cartridge base (Fig. 6: "B"). Li further teaches a liquid reservoir (Fig. 6: #304) within the main body [0037], it would have been obvious to seal the fitted interface between the cartridge base and the opening of the main body to prevent leakage. (ii) The cartridge base (Fig.6: “B”) is provided with an opening, relating to the mounting hole of the claimed invention, for receiving an atomizing base (Fig. 6: "A2"), as shown.
With regard to Claim 10, Li teaches wherein the atomizer may be part of an electronic cigarette device [0035].
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20170224018 A1), Johnson (US 20170303587 A1), Foo (WO 2013089551 A1), and Cheng (CN 111789305 A, hereinafter citations referring to English Machine Translation), as applied to claim 1 above, and further in view of Ouyang (US 20200008468 A1).
With regard to Claim 2, modified Li teaches all the limitations of the claims as set forth above, however modified Li is silent to:
Wherein the detecting chip has two through holes, each of the first electrode and the second electrode extends through one of the two through holes in the detecting chip and is electrically connected to the detecting chip
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Ouyang, directed to a heating device and electronic cigarette, teaches a control board (Fig. 1: #50) comprising at least two inserting holes (Fig. 1: #52, [0029]). The device further comprising at least two conductive pins (Fig. 1: #32) that are meant to be inserted into each insertion hole (Fig. 1: #52), establishing an electrical connection with the control board (Fig. 1: #50, [0029]). One of ordinary skill in the art would have been motivated to modify the detecting chip of modified Li to comprising two through holes for electrode insertion to improve convenience of assembly and establish secure connections [0003].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the detecting chip of modified Li to wherein the detecting chip has two through holes, each of the first electrode and the second electrode extends through one of the two through holes in the detecting chip and is electrically connected to the detecting chip
because both Li and Ouyang are directed to conductive electrodes in aerosol generating device heating arrangements. Ouyang teaches a control board with two inserting holes to receive electrodes to improve convenience of assembly and establish secure connections [0003] and this merely involves applying known connection techniques to a known aerosol generating device ready for improvement to yield predictable results.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20170224018 A1), Johnson (US 20170303587 A1), Foo (WO 2013089551 A1), and Cheng (CN 111789305 A, hereinafter citations referring to English Machine Translation), as applied to claim 1 above, and further in view of Huang (CN 111631439 A, hereinafter citations referring to English Machine Translation).
With regard to Claim 3, modified Li teaches all the limitations of the claims as set forth above, however modified Li is silent to:
A sealing member provided in the accommodating groove
An outer peripheral surface of the sealing member is in contact with an inner wall of the accommodating groove
A groove is concavely provided at an end of the sealing member away from the heating member
The detecting chip is disposed in the groove
The sealing member is provided with two through holes through which the first electrode and the second electrode respectively extend through
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Huang, directed to a heating wire fixing structure, teaches (i) an oil sealing seat (Fig. 3: #27) mounted inside an accommodating space of a base (Fig. 3: #3). (ii) The outer peripheral surface of the oil sealing seat (Fig. 3: #27) is compressed against the inner walls of the space defined by the base (Fig. 6: #3), as seen in Figure 2. (iii) The oil sealing seat (Fig. 3: #27) comprises a recessed groove (Fig. 3: "G") on the opposite side of the heating element (Fig. 3: #25).
(iv) The recessed groove (Fig. 3: "G") receives electrodes to pass through to the base (Fig. 6: #3, [0051]). One of ordinary skill in the art would understand that a detecting chip can be interpreted as an electronic control or sensing module and the electrodes sitting within the groove form a system that receives signals and controls electrical behavior, meeting the claim limitation of the detecting chip. (v) The oil sealing seat (Fig. 3: #27) is provided with first and second electrode holes for allowing electrical connectors (Fig. 6: #251) connected to electrodes to pass through [0050 & 0051] to ensure a secure that there is a strong connectivity [0050].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the accommodating groove of modified Li to include a sealing member provided in the accommodating groove, an outer peripheral surface of the sealing member is in contact with an inner wall of the accommodating groove, a groove is concavely provided at an end of the sealing member away from the heating member, the detecting chip is disposed in the groove, and wherein the sealing member is provided with two through holes through which the first electrode and the second electrode respectively extend through because both Li and Huang are directed to providing ease of assembly for aerosol generating devices. Huang teaches a sealing member in an accommodating groove of a base with through holes to ensure a secure that there is a strong connectivity [0050] and this merely involves applying a known sealing method to a known aerosol generating device ready for improvement to yield predictable results.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20170224018 A1), Johnson (US 20170303587 A1), Foo (WO 2013089551 A1), and Cheng (CN 111789305 A, hereinafter citations referring to English Machine Translation), as applied to claim 1 above, and further in view of Yan (CN 111772246 A, hereinafter citations referring to English Machine Translation).
With regard to Claim 4, modified Li teaches all the limitations of the claims as set forth above, however modified Li is silent to:
A heat insulating member interposed between the heating member and the detecting chip
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Yan, directed to a heating module and smoking device, teaches a first heat insulation component (Fig. 4: #60) that is disposed between a heating component and a base [0099], wherein a temperature sensing element is installed on the base [0082], to prevent overheating while avoiding heat loss [0004].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the accommodating groove of modified Li to wherein a heat insulating member is interposed between the heating member because both Li and Yan are directed to improving heating efficiency in aerosol generating devices. Li teaches a heat insulation component between a heating component and sensing element to prevent overheating while avoiding heat loss [0004] and this merely involves applying a known locational technique to a known insulation layer ready for improvement to yield predictable results.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20170224018 A1), Johnson (US 20170303587 A1), Foo (WO 2013089551 A1), Cheng (CN 111789305 A, hereinafter citations referring to English Machine Translation), and Yan (CN 111772246 A, hereinafter citations referring to English Machine Translation), as applied to claims 1 and 4 above, and further in view of Liu (US 20160316818 A1, hereinafter referred to as Liu ‘818), Ding (WO 2019127471 A1, hereinafter citations referring to English Machine Translation), and Liu (WO 2018113669 A1, hereinafter citations referring to English Machine Translation and referred to as Liu ‘669).
With regard to Claim 5, modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein the atomizing bracket comprises a bracket body and a cylindrical support with the bracket body
One end of the heat insulating member close to the heating member is inserted into the cylindrical support
The other end of the insulating member protrudes from the cylindrical support
An outer peripheral surface of the heat insulating member protruding from the cylindrical support is in contact with the inner wall of the accommodating groove
The heating insulating member is provided with an airflow passage that guides air to flow to the heating member
The atomizing base is provided with an air inlet communicating with the airflow passage
Fifth through holes are defined on the thermal insulating member for the pins of the heating member to respectively pass through
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In regards to i. and iv., Liu ‘818, directed to a battery rod and electronic cigarette, teaches (i) a holder (Fig. 5: #42) with a first connection section (Fig. 5: #422), relating to the cylindrical support of the claimed invention, and a second connection section (Fig. 5: #423), relating to the bracket body of the claimed invention. (iv) The outer peripheral surface of an insulation ring (Fig. 1: #43) on the first connection section (Fig. 5: #422) is in contact with an inner wall of a space provided at the bottom of the device, as shown in Figure 2, comprising the whole assembly (Fig. 2: #4). One of ordinary skill in the art would be motivated to apply the different bracket parts of Liu ‘818 to the bracket of modified Li to assist in securing an electrode connected to the heating member [0014].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the atomizing bracket of modified Li to wherein the atomizing bracket comprises a bracket body and a cylindrical support with the bracket body and the outer peripheral surface of the portion of the heat insulating member protruding from the cylindrical support is in close contact with the inner wall of the accommodating groove because both Li and Liu ‘818 are directed to improving atomization efficiency in aerosol generating devices. Liu ‘818 teaches a holder with first and second connection sections, containing an insulating ring to assist in securing an electrode connected to the heating member [0014] and this merely involves applying known sectional techniques to a bracket of a known aerosol generating device ready for improvement to yield predictable results.
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In regards to ii., iii., v., and vi, Ding, directed to a composite heating tobacco device, teaches (ii) a heat insulation cylinder (Fig. 1: #6), wherein a bottom end of the heat insulation cylinder (Fig. 1: #6) close to a tobacco heating section (Fig. 1: #3) is inserted into the top part of a second heat insulation body (Fig. 1: #71), relating to the bracket of the claimed invention. (iii) The top end of the heat insulation cylinder (Fig. 1: #6) protrudes out from the top part of the second fixed bracket (Fig. 1: #72).
(v) The heat insulation cylinder (Fig. 1: #6) comprises an air inlet pipe (Fig. 1: #8) that guides outside air from a first air inlet (Fig. 1: #121, [0056]) to an air heating pipe (Fig. 1: #4, [0051]) and tobacco heating section (Fig. 1: #4) to generate heat [0050]. (vi) The bottom cover (Fig. 1: #12) comprises a first air inlet that is in communication with the air inlet pipe (Fig. 1: #8, [0056]). One of ordinary skill in the art would find it obvious to combine the bracket body and cylindrical support of modified Li with the configuration relative to an insulating member of Ding to improve atomization that is insufficient or too fast in evaporation [0004].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heat insulating member of modified Li to wherein one end of the heat insulating member close to the heating member is inserted into the cylindrical support, the other end of the insulating member protrudes from the cylindrical support, the heating insulating member is provided with an airflow passage that guides the outside air to flow to the heating member, and the atomizing base is provided with an air inlet communicating with the airflow passage because both Li and Ding are directed to improving heating efficiency in aerosol generating devices. Ding teaches a heat insulation cylinder held within and protruding out of a bracket in connection with an air passageway to improve atomization that is insufficient or too fast in evaporation [0004] and this merely involves combining prior art elements according to known heat insulation methods to yield predictable results.
In regards to vii., Liu '669 teaches an insulating ring comprising a through hole to allow an inner electrode connected to an ultrasonic atomizer to pass through [0123]. One of ordinary skill in the art would find it obvious to modify the insulating member of modified Li with the through hole of Liu '669 to improve the heat insulation effect in the device and prevents burns [00028].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the atomizing bracket of modified Li to wherein fifth through holes are defined on the thermal insulating member for the pins of the heating member to respectively pass through because both Li and Liu '669 are directed to lowering the risk of poor atomization production in aerosol generating devices. Liu '669 teaches an insulating ring comprising a through hole to provide a connection to an atomizer to improve the heat insulation effect in the device and prevents burns [00028] and this merely involves combining prior art elements according to known heat insulation methods to yield predictable results.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20170224018 A1), Johnson (US 20170303587 A1), Foo (WO 2013089551 A1), and Cheng (CN 111789305 A, hereinafter citations referring to English Machine Translation), as applied to claims 1, 6, and 7 above, further in view of Chen (US 20180303158 A1).
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With regard to Claim 8, Li teaches (i) wherein the liquid reservoir (Fig. 6: #304) comprises an inner cylindrical member (Fig. 6: "IC") disposed in the main body (Fig. 6: #301). (ii) The top part of the inner cylindrical member (Fig. 6: "IC") communicates with a top outlet (Fig. 6: "O") of a mouthpiece (Fig. 6: #302) of the main body (Fig. 6: #301). (iii) The top of the main body (Fig. 6: #301) is equipped with the mouthpiece (Fig. 6: #302) communicating with the top outlet (Fig. 6: "O"). (v) The bottom port of the inner cylindrical member (Fig. 6: "IC") communicates with the opening defined by the cartridge base (Fig. 6: "B"). (vi) The part of the main body (Fig. 6: #301) outside of the inner cylindrical member (Fig. 6: "IC") defines the liquid storage chambers (Fig. 6: "C"). (vii) The atomization area (Fig. 6: "A") is between the two inner parts of the inner cylindrical member (Fig. 6: "C"). (viii) The pores of the liquid guiding body (Fig. 6: #103) are located on a side wall of the inner cylindrical members (Fig. 6: "IC"). Modified Li teaches all the limitations of the claims as set forth above, however modified Li is silent to:
A bottom end of the inner cylindrical member is connected to the cartridge base through a sealing gasket
The atomizer further comprises a blocking member that is movably arranged in the inner cylindrical member
An elastic member elastically pressing against the blocking member toward the bottom of the inner cylindrical member to limit the blocking member to a position where the liquid outlet is closed
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Chen, directed to an e-liquid bottle and electronic cigarette, teaches (i) inner cylindrical members (Fig. 6: "IC") that are connected to a base (Fig. 6: #28) through a sealing cover (Fig. 10: #276) part of an atomization assembly (Fig. #10: #27), [0065]). (ii) The device further comprises an abutting member (Fig. 6: #231) that is movably arranged [0024]. (iii) An elastic second restoring member (Fig. 6: #233) that provides a force to keeps the abutting member (Fig. 6: #231, [0061]) in a position where a liquid inlet is kept out of an end wall, keeping the flow of liquid closed [0057]. One of ordinary skill in the art would find it obvious to modify the layout of the abutting member of Chen to where it is placed within the inner cylindrical member of Li and combine it with the inner cylindrical member of Li to improving its sealing ability and reduce the chance of leakage based on Chen's goal of providing automatic liquid blockage in the device [0059].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the liquid storage member of modified Li to wherein a bottom end of the inner cylindrical member is connected to the cartridge base through a sealing gasket, the atomizer further comprises a blocking member that is movably arranged in the inner cylindrical member, and an elastic member elastically pressing against the blocking member toward the bottom of the inner cylindrical member to limit the blocking member to a position where the liquid outlet is closed because both Li and Chen are directed to controlling movement of liquid throughout an aerosol generating device. Li teaches an abutting member provided with an elastic restoring member to reduce the chance of leakage in the device [0059] and this merely involves combining prior art elements according to known sealing methods to yield predictable results.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20170224018 A1), Johnson (US 20170303587 A1), Foo (WO 2013089551 A1), and Cheng (CN 111789305 A, hereinafter citations referring to English Machine Translation), as applied to claims 1, 6, and 7 above, further in view of Wu (US 20160113327 A1).
With regard to Claim 9, modified Li teaches all the limitations of the claims as set forth above, however modified Li is silent to:
Wherein the atomizing base is provided with a sealing groove
A sealing ring is disposed in the sealing groove
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Wu, directed to an electronic atomization device, teaches (i) wherein a second connecting element (Fig. 3: #23) comprises a second stepped structure (Fig. 3: #231), meeting the claim limitation of a sealing groove. (ii) The second stepped structure is formed for fitting the sealing washer (Fig. 4: #42) to avoid oil leakage within the device [0022].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the atomizing base of modified Li to wherein the atomizing base is provided with a sealing groove, and wherein the sealing ring is disposed in the sealing groove because both Li and Wu are directed to improving ease of assembly for aerosol generating devices. Wu teaches a sealing ring to avoid oil leakage within the device [0022] and this merely involves applying a known sealing technique to a known aerosol generating device ready for improvement to yield predictable results.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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