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 .
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.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in People’s Republic of China on February 17, 2023. It is noted, however, that applicant has not filed a certified copy of the CN2023300577235 application as required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a mouthpiece connection socket, a mouthpiece connection socket sidewall, a first gasket sponge socket, a first gasket airflow passage, a second gasket airflow passage, an oil reservoir matrix, an oil reservoir matrix air passage, and a battery cooling air channel must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “41” has been used to designate both the rotating slot 42 and the first cavity 41. (See Fig. 7) Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 15, 18, 27, 63, 65, 66, and 67 . Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, requires the specification to be written in “full, clear, concise, and exact terms.” The specification is replete with terms which are not clear, concise and exact. The specification should be revised carefully in order to comply with 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112. Examples of some unclear, inexact or verbose terms used in the specification are:
reference character “422” has been referred to as “engaging portion” (pg 9 line 6), “an engaging part” [0041], and “the clamping portion [0042];
reference character “31” is referred to as an “electrical control housing” while claim 11 recites an electrical control assembly housing;
reference character “31a” is referred to as a “first housing” (pg 8 and multiple times beginning with [0051]) while claim 11 recites a “first electrical control assembly housing portion;
reference character “31b” is referred to as a “second housing” (pg 8 and multiple times beginning with [0051]) while claim 11 recites a “second electrical control assembly housing portion”;
numerous paragraphs cite a figure, where the figure cited does not match the elements described for the cited figure; two, but not all, of the paragraph examples are listed below:
[0058] recites “As seen in Fig. 2, the housing 40 has an intake end with an electrical control assembly 30.” The description is actually for Fig. 3, not Fig. 2; and
[0059] recites “As seen in Fig. 3, the cross section of the present invention shows an electric control assembly 30 mounted before the vaporizer assembly 20,” which is actually describing Fig. 4.
Claim Objections
Claims 6 and 11 are objected to because of the following informalities:
Claim 6, lines 1-2, introduces “a mouthpiece connection socket” which was previously introduced in claim 1; claim 6 should recite “the mouthpiece connection socket”.
Claim 11: line 5, “wherein electrical” should read “wherein the electrical”;
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-13 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.
Claim 1 recites:
the limitation "the mouthpiece component" in 1e line 5. There is insufficient antecedent basis for this limitation in the claim.
the limitation “according to the electrical control assembly slides into the housing” in the last line of the claim. It is unclear as to what is meant by “according to the electrical control assembly slides into the housing” and the specification provides no further definition besides indicating “the housing has a first cavity” in 1b second line and “the electrical control assembly is mounted in the first cavity” in 1e lines 1-2. For purposes of examination, “according to the electrical control assembly slides into the housing” is treated as a typographical error which does not further limit the claimed structure.
Claim 5 recites the limitation “wherein at least one of the parts, namely the mouthpiece, vaporizer assembly, gasket assembly, or electrical control assembly are connected together by interference fit”. (emphasis added) It is unclear what is meant by this limitation and the specification provides no further definition other that connecting at least one of the listed parts to the housing in paragraphs [0010], [0021], [0030], [0039], and [0044] of the specification. For purposes of examination “wherein at least one of the parts, namely the mouthpiece, vaporizer assembly, gasket assembly, or electrical control assembly are connected together by interference fit” will be interpreted by the Examiner to mean “at least two of the parts .... are connected together by interference fit.”
Claim 6 recites the limitation “the mouthpiece assembly” in line 1. There is insufficient antecedent basis for the is limitation in the claim.
Claim 7 recites the limitation “the rotating groove” in line 1. There is insufficient antecedent basis for the is limitation in the claim.
Claim 10 recites the limitation “the oil reservoir matrix” in line 5 -6. There is insufficient antecedent basis for the is limitation in the claim.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “meets” in claim 10 is used by the claim to mean “joins,” while the accepted meaning is “to come into the presence of for the first time.” The term is indefinite because the specification does not clearly redefine the term.
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.
Claims 1, 3, 5, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (US 2014/0332019), hereinafter Liu ‘019.
Regarding claim 1, Liu ‘019 discloses an electronic cigarette 100, the electronic cigarette ( Fig. 2, [0036], anticipates claim 1 preamble) comprising:
a mouthpiece 50, wherein the mouthpiece has a mouthpiece connection socket (annotated Fig. 4 below, [0058], [0066] an inhalation element 50 (anticipates a mouthpiece) disposed at one end thereof. The inhalation element 50 and atomization sleeve 13 are disposed separately. The inhalation element 50 includes an inhalation cover 51 (anticipates a mouthpiece connection socket) sleeved at the end portion of the atomizing sleeve 13);
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a housing 13, (Fig. 2, [0037], [0058] an atomizing sleeve 13 sleeved at the outer of the atomizing cup 11. Perhaps the inhalation pole 101 and the battery pole 102 are integrally connected with each other, the atomizing sleeve may be acted as a main pole body of the electronic cigarette 100 such that the battery 20 and the inhalation element 50 are respectively located in the corresponding end of the atomizing sleeve 13), wherein the mouthpiece connects to the housing (Fig. 2, [0066] The inhalation element 50 includes an inhalation cover 51 sleeved (anticipates connected) at an end portion of the atomizing sleeve), wherein the housing has a first cavity, ([0044] The atomizing sleeve 13 is a column-shaped tube body, and is hollow to form a receiving cavity (not labeled, anticipates a first cavity) for receiving all elements in the atomizing device 10.);
a vaporizer assembly 10 (Fig. 2, [0036]-[0037] an atomizing device 10 for vaporizing tobacco flavoring liquid (anticipates a vaporizer assembly), wherein the vaporizer assembly has a vapor body housing which slides into the housing, (Fig. 2 [0039] The atomizing device 10 includes an atomizing cup 11 (anticipates a vapor body housing) that includes a liquid storage element 111 and a supporting tube 112). The atomizing sleeve 13 is a column-shaped tube body, and is hollow to form a receiving cavity for receiving all elements in the atomizing device 10 (receiving anticipates slides into the housing); wherein the vapor body housing houses an atomizer (Fig.2 [0037], an atomizer 12 received and fixed in the atomizing cup 11), wherein the vapor body housing is formed as a tube (Fig. 2 [0038], the supporting tube 112 is substantially hollow tube structure which anticipates tubular form);
a gasket assembly 60, 14 (Fig. 4, [0067] a sealing cap 60 disposed between the inhalation element 50 and the atomizing cup 11 is hermetically sealed in the atomizing sleeve 13 via the atomizing seat 14 and sealing cap 60. Sealing cap 60 and atomizing seat 14 read over a gasket assembly), wherein the gasket assembly includes a first gasket and a second gasket (sealing cap 60 anticipates a first gasket assembly and atomizing seat 14 anticipates a second gasket assembly), wherein the vapor body housing receives the gasket assembly, (Fig. 4, [0037] an atomizing seat 14 located in the atomizing sleeve 13 to secure the atomizing cup 11 and the atomizer 12 (anticipates vapor body housing receives the gasket assembly)); and
an electrical control assembly 20, 40, 70 (Fig. 2, [0035], [0053], [0068], the electronic cigarette 100 includes a battery 20, one end of the battery 20 adjoining the battery assembly 30 has a second electrode assembly 40, the electronic cigarette 100 further includes an atomization control unit 70. The atomization control unit 70 is electrically connected with the battery 20 and atomizing device 10 to control the atomizing device turned on or off. (battery 20, second electrode assembly 40, and atomization control unit 70 are shown in Fig. 2 mounted in the battery pole 102 and anticipate an electrical control assembly). As discussed above, perhaps the inhalation pole 101 and the battery pole 102 are integrally connected with each other, the atomizing sleeve may be acted as a main pole body of the electronic cigarette 100 such that the battery 20 and the inhalation element 50 are respectively located in the corresponding end of the atomizing sleeve 13; the battery 20, the second electrode assembly 40, and the atomization control unit 70 are shown in Fig. 2 mounted in the receiving cavity (not labeled) of the atomization sleeve 13), wherein the electrical control assembly supplies working voltage to the vaporizer assembly (Fig. 2, [0036], the electronic cigarette 100 includes an atomizing device 10 and a battery connected with the atomizing device 10 and supplying power source (anticipates a working voltage) to the atomizing device 10), wherein the vaporizer assembly produces a vapor ([0036] an atomizing device 10 for vaporizing tobacco flavored liquid (anticipates produces a vapor)). Liu ‘019 further discloses when using the electronic cigarette 100 to smoke...that is, when a user inhales using the inhalation element 50, the cavity of the electronic cigarette 100 produces negative pressure. Therefore one of ordinary skill in the art is reasonably suggested the flavored tobacco liquid vaporized by the atomization device 10 must flow to the inhalation element 50 as the atomizing cup 11 is hermetically secured in the atomizing sleeve 13 via the atomizing seat 14 and the sealing cap 60 as discussed previously in this Office action. This anticipates the vaporizing assembly produces a vapor that can flow to the mouthpiece.
Regarding claim 3, Liu ‘019 discloses the electrical control assembly is magnetically connected to the housing 13 (Fig. 2, [0062], in this embodiment, the atomizing sleeve 13 (namely as the inhalation pole 101) and the battery pole 102 are coupled by magnetic adsorption. As discussed above, battery 20, second electrode assembly 40, and atomization control unit 70 are shown in Fig. 2 mounted in the battery pole 102. This anticipates the electrical control assembly is magnetically connected to the housing.)
Regarding claim 5, Liu ‘019 discloses the vaporizer assembly 10 and gasket assembly 60/14 are
connected together by interference fit (annotated Fig. 4, Fig. 5, [0045], [0066], the atomizing seat 14 is used to support and fix the atomizing cup 11 and the atomizer 12 in the atomizing sleeve; as shown in Fig. 5, the atomizing seat 14 protrudes a positioning post 141 from a center thereof towards the inner of the supporting tube 112; an outer diameter of the positioning post 141 is corresponding to the inner diameter of the supporting tube 112 (anticipates the interference fit connection with the gasket assembly i.e., with the atomizing seat 14). A sealing cap 60 is disposed on the inhalation element 50 and on the atomizing cup 11 (anticipates interference fit connection with gasket assembly i.e., with the sealing cap 60)).
Regarding claim 10, Liu ‘019 discloses wherein the first gasket 60 fits into the vapor body housing 11, (see sealing cap 60 interference fit section on annotated Fig. 7 where a sealing cap protrusion extends into (anticipates fits into) support tube 112 of atomizing cup 11, anticipating the first gasket fits into the vapor body housing) and the second gasket 14 fits into the vapor body housing 11, (Fig. 5, [0066], the atomizing seat 14 protrudes a positioning post 141, an outer diameter of the positioning post 141 is corresponding to (anticipates fits into) the inner diameter of the supporting tube 112, anticipating the second gasket fits into the vapor body housing), wherein the first gasket has a first gasket airflow passage (Fig. 4, [0067], the sealing cap 60 defines an air guiding hole 61 at a center thereof for allowing an airflow to pass through, (anticipates a first gasket airflow passage)), wherein the second gasket has a second gasket airflow passage through the second gasket (Fig. 4 [0045], The atomizing seat 14 defines a through hole 142 in the center of the positioning post 141 to allow an airflow passage to pass through (anticipates a second gasket airflow passage)), and wherein an oil reservoir matrix has an oil reservoir matrix air passage through the oil reservoir matrix, (annotated Fig. 4 below, [0038]-[0039], [0040], the atomizing cup 11 is used for storage tobacco flavored liquid, and includes a liquid storage element 111; the liquid storage element has liquid-absorbing and liquid-storing ability (anticipates oil reservoir matrix); the supporting tube 112 is sleeved in the liquid storage element 111 and used for allowing an airflow to pass through and supporting and fixing for the liquid storage element 111 (anticipates oil reservoir matrix air passage)).
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.
Claim 2 is rejected under 35 U.S.C. 103 as being obvious over Liu (US 2014/0332019, hereinafter Liu ‘019) as applied to claim 1 above, and further in view of Hejazi (US 2021/0112881).
Regarding claim 2, Liu ‘019 discloses all the claim limitations as set forth above. Liu ‘019 does not explicitly disclose the housing is made of a biodegradable material.
Hejazi teaches aerosol delivery devices; in some embodiments, components of aerosol delivery devices may be characterized as electronic cigarettes [0038]. FIG. 1 illustrates a schematic view of an aerosol delivery device 100 comprising a mouthpiece portion 102 and a housing 104 [0044].
Hejazi teaches the housing 104 is made of a biodegradable polyester material ([0049], In some implementations, the housing and/or mouthpiece portion may me made of a polymeric material, such materials may include, but need not be limited to, polycarbonate, acrylic, polyethylene terephthalate (PET), amorphous copolyester (PETG), polyvinyl chloride (PVC), liquid silicone rubber (LSR), cyclic olefin copolymers, polyethylene (PE), ionomer resin, polypropylene (PP), fluorinated ethylene propylene (FEP), styrene methyl methacrylate (SMMA), styrene acrylonitrile resin (SAN), polystyrene, acrylonitrile butadiene styrene (ABS), and combinations thereof. Other materials may include, for example, biodegradable polymers such as, but not limited to, polylactic acid (PLA), polyhydroxyalkanoates (PHA's), and polybutylene succinate (PBS).
Applicant’s as-filed specification discloses biodegradable polyester materials include, but are not limited to, polylactic acid (PLA), polybutylene dipate/terephthalate (PBAT), polyethylene glycol acid (PGA), poly (lactic-co- glycolic acid) (PLGA), polycaprolactone (PCL), polytrimethylene carbonate (PTMC), polyesteramide, and polybutylene succinate (PBS) (Applicant ¶[0027]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of Liu ‘019 and make the atomization sleeve (the housing of Liu ‘619) of one of polylactic acid (PLA), polyhydroxyalkanoates (PHA's), or polybutylene succinate (PBS) as taught by Hejazi which results in an electronic cigarette housing that is formed of a biodegradable polymer which will decrease the environmental impact from the electronic cigarette housing disposal.
Claim 4 is rejected under 35 U.S.C. 103 as being obvious over Liu (US 2014/0332019, hereinafter Liu ‘019) as applied to claim above, and further in view of Liu (US 2016/0249684 A1, hereinafter Liu ‘684).
Regarding claim 4, Liu ‘019 discloses all the claim limitations as set forth above. Liu ‘019 does not explicitly disclose at least one part snap-fit to the housing.
Liu ‘684 teaches an electronic cigarette [0045], the electronic cigarette includes an atomizer 100 for storing cigarette liquid and atomizing the cigarette liquid into smoke to be sucked by user based on an operation of the user, a battery rod assembly 200 connected to the atomizer [0047]-[0050]. The atomizer 100 includes: a liquid cup assembly 110, an atomizer core 120, and the suction nozzle 300 (reads over a mouthpiece) [0053]. The liquid cup assembly 110 specifically includes: a liquid storage cartridge 111 (reads over a housing), and an air tube 112 inserted into the liquid storage cartridge 111 [0053]-[0056].
Liu ‘684 further teaches a mouthpiece 300 snap-fit to the housing 111 (Fig. 4, [0058], the suction nozzle 300 can be connected to the liquid storage cartridge 111 fixedly or detachably. Specifically, the detachable connection can be a thread-connection, snap-fit connection and so on. Because the detachable connection is convenient for the user to replace the suction nozzle 300, the sanitation of using the electronic cigarette is improved.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electronic cigarette of Liu ‘019 to have a snap-fit detachable connection for coupling the inhalation element 50 to the housing 13 as taught by Liu ‘684. One of ordinary skill in the art would be motivated to look to Liu ‘684 for a snap-fit detachable connection for coupling a mouthpiece to an electronic cigarette body for a detachable connection that is convenient for the user to use to replace the mouthpiece and thereby improve the sanitation of using the electronic cigarette. This reads over at least one of the parts snap-fit to the housing.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being obvious over Liu (US 2014/0332019, hereinafter Liu ‘019), in view of Liu (US 2016/0249684 A1, hereinafter Liu ‘684) as applied to claim 1 above, and further in view of Alarcon et al. (US 2016/0073692).
Regarding claim 6, Liu ‘019 discloses all the claim limitations as set forth above. Liu ‘019 does not explicitly disclose the mouthpiece connection socket fits over the housing, a rotating table that protrudes from the mouthpiece connection socket, wherein the mouthpiece connection socket is formed at a mouthpiece connection socket sidewall, wherein the housing has a rotating slot that receives the rotating table.
Liu ‘684 teaches an electronic cigarette [0045], the electronic cigarette includes an atomizer 100 for storing cigarette liquid and atomizing the cigarette liquid into smoke to be sucked by user based on an operation of the user, a battery rod assembly 200 connected to the atomizer [0047]-[0050]. The atomizer 100 includes: a liquid cup assembly 110, an atomizer core 120, and the suction nozzle 300 [0053]. The liquid cup assembly 110 specifically includes: a liquid storage cartridge 111 (reads over a housing), and an air tube 112 inserted into the liquid storage cartridge 111 [0053]-[0056].
Liu ‘684 further teaches a mouthpiece connection socket that fits over the housing 111, wherein the mouthpiece connection socket is formed at a mouthpiece connection socket sidewall, (annotated Fig. 4 below, [0058], the mouthpiece connection socket is formed at a mouthpiece connection socket sidewall as shown in annotated Fig. 4, the suction nozzle 300 can be connected to the liquid storage cartridge 111 fixedly or detachably. Specifically, the detachable connection can be a thread-connection, snap-fit connection and so on. Because the detachable connection is convenient for the user to replace the suction nozzle 300, the sanitation of using the electronic cigarette is improved.)
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electronic cigarette of Liu ‘019 to have a mouthpiece (Liu ‘019’s inhalation element) connection socket formed at a sidewall of the mouthpiece, wherein the mouthpiece connection socket fits over the atomizing sleeve (the housing of Liu ‘019) in a detachable connection to the atomizing sleeve as taught by Liu ‘684. One of ordinary skill in the art would be motivated to look to Liu ‘684 for a mouthpiece connection socket that fits over the housing in a detachable connection of an electronic cigarette body as the detachable connection is convenient for the user to use to replace the mouthpiece and thereby improve the sanitation of using the electronic cigarette. This reads over a mouthpiece connection socket that fits over the housing limitation of claim 6.
Modified Liu ‘019 does not explicitly teach a rotating table that protrudes from the mouthpiece connection socket (claim 6), wherein the housing has a rotating slot that receives the rotating table (claim 6), wherein the rotating slot further includes a guide portion that receives the rotating table during an insertion motion, then an engaging portion formed as a groove that receives the rotating table during a rotation motion (claim 7).
Alarcon teaches a device 240 for storing and vaporizing liquid media that includes a frictionally engaged connector. Some embodiments can include a frictionally engaged connection (e.g., twist lock connection) (Fig. 8A [0111]). In an example, one portion of an electronic cigarette (e.g., device 240 for storing and vaporizing liquid media) can include a channel 242 (reads over a rotating slot) that can be formed on an outer surface of the battery connector 244 (reads over the housing); the channel 242 can have a longitudinal portion 254 (reads over a guide portion of claim 7) that can extend proximally from a distal end of the battery connector face 256 and longitudinally along an outer surface of the neck portion 248 of the neck portion 248. In addition, the channel 242 can have a circumferential portion 260 (reads over an engaging portion formed as groove) (Fig. 8A [0112]). In some embodiments, the opening 252 of the battery assembly 246 can include a pin 262 (reads over a rotating table) that extends radially inward from an inner surface (reads over protrudes from the mouthpiece connection socket) of the opening 252 (i.e., a connection socket) [0013].
The device 240 and the battery assembly 246 can be connected by lining up pin 262 and the channel 242 with one another such that pin 262 can slide into the longitudinal portion 254 of the channel 242 (reads over guide portion receives the rotating table of claim 6). The device 240 and the battery assembly 246 can be pressed against one another such that the pin 262 travels toward a proximal end of the longitudinal channel 242 (i.e., the longitudinal portion 254). When the pin 262 reaches the proximal end of the channel 242, the device 240 can be twisted (reads over a rotation motion of claim 7) with respect to the battery assembly, such that the pin 262 travels into the circumferential channel 260. (Fig. 8B [0113]. In an example, the circumferential portion 260 can extend circumferentially and parallel with the battery connector face 256 and the circumferential portion 260 can include a lock portion 264. In some embodiments, the lock portion 264 can be configured to accept the pin 262. For example, where the pin 262 is a cylinder, the lock portion 264 can have a curved distal wall that accepts the pin 262 (reads over the engaging portion locks the rotating table in place during
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the electronic cigarette of modified Liu ‘019 to have twist lock connection to join the inhalation element connection socket to the housing of modified Liu ‘019, said twist lock connection to include a pin that extends radially inward from an inner surface of the inhalation element connection socket and a channel having a longitudinal portion and a circumferential portion on the housing. The modified inhalation element and sleeve can be pressed against one another such that the pin travels toward a proximal end of the channel longitudinal portion such that, when the pin reaches the proximal end of the longitudinal portion, the modified inhalation element can be twisted with respect to the sleeve, such that the pin 262 travels into a lock portion of the circumferential portion of the channel thereby locking the modified inhalation element in place to the sleeve for use.
Additionally, it would be obvious to combine modified Liu ‘019 with Alarcon because Liu is silent to a twist-lock type connection for coupling the inhalation element connection socket to the housing and a person of ordinary skill in the art would have been motivated to look to a similar reference to find a suitable twist-lock type connection for coupling together electronic cigarette portions. Alarcon is directed to a similar electronic cigarette device and Alarcon teaches a known twist-lock connection that is suitable for a similar product and this merely involves applying a suitable coupling connection to a similar product with a reasonable expectation of success.
Claim 8 is rejected under 35 U.S.C. 103 as being obvious over Liu (US 2014/0332019, hereinafter Liu ‘019), in view of Liu (US 2016/0249684 A1, hereinafter Liu ‘684), in view of Alarcon et al. (US 2016/0073692) as applied to claim 6 above, and further in view of Chung (US 2015/0216234).
Regarding claim 8, modified Liu ‘019 discloses all the claim limitations as set forth above. Modified Liu ‘019 does not teach the mouthpiece has a pair of grips.
Chung teaches an electronic cigarette atomizer is generally connected to a power supply with a coupler 60 that connects to the power supply and to the sleeve retainer 40 (Fig. 2, abstract, [0055]).
The sleeve retainer 40 as a generally cylindrical sleeve retainer body 41 which extends from a sleeve retainer grip 42 (reads over a pair of grips) (Fig. 2 [0060]). The user can grip the sleeve retainer grip 42 and the air intake retainer 24 grip (not labeled) and unscrew the electronic cigarette atomizer [0063].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the electronic cigarette of modified Liu ‘019 to include a sleeve retainer grip as taught by Chung on the outer sidewall surface of the inhalation element connection socket of modified Liu ‘019.
One of ordinary skill in the art would be motivated to make such modification to enable the user to remove the inhalation element by gripping the grip surface while performing a twisting motion (e.g., in an unscrewing motion) to disengage the inhalation element from the atomizing sleeve of modified Liu ‘019 for cleaning or replacement of the inhalation element. This reads over the claim.
Claim 8 recites the functional language: “wherein a user can squeeze the pair of grips for loosening the rotating table from the rotating slot”. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). (see MPEP § 2144).
Claim 9 is rejected under 35 U.S.C. 103 as being obvious over Liu (US 2014/0332019, hereinafter Liu ‘019) as applied to claim 1, and further in view of Mao et al. (CN 215124368, Machine Translation relied upon).
Regarding claim 9, Liu ‘019 discloses all the claim limitations as set forth above. Liu ‘019 does not explicitly disclose an oil absorbing body, wherein the first gasket further includes a first gasket sponge socket, wherein the first gasket sponge socket is configured to receive the oil absorbing body.
Mao teaches an adjustable vapor control electronic cigarette; the electronic cigarette includes a housing 101 and a base 103. The housing 101 has an atomizing mechanism 200 in the upper part and a
power supply mechanism 300 in the lower part (Fig. 2 [0031]).
The top of the cover 110 is the nozzle 111. The suction nozzle 111 is connected to the air duct 210 to draw out the smoke from the smoke channel 211 inside the air duct 210. To prevent the condensate between the top cover 110 and the nozzle 111 from being sucked out by the user and affecting the user experience, a nozzle cotton 112 (reads over an oil absorbing body) is provided inside the top cover 110 corresponding to the nozzle 111 to absorb the condensate. The suction cotton 112 is provided with a connecting channel 112a that is connected to the suction port 111 on the suction nozzle 111 and the air guide tube 210 respectively (Fig. 2 [0035]).
As shown in Figures 1-2, the top cover 110, the outer shell 120, and the power supply
mechanism 300 are sealed together by an oil-separating ring 121 and an oil-separating seat 122. The An air guide tube 210 is axially provided inside the outer shell 120. The oil separator ring 121 and the oil separator seat 122 are tightly fitted and fixed to the inner wall of the outer shell 120, and the gap between the oil separator ring 121 and the oil separator seat 122 and the outer shell 120 is further sealed by the sealing element (Fig. 2 [0035]).
As shown in the annotated partial view of Fig. 2 below, the oil separator ring 121 (reads over a first gasket) includes a cavity (reads over a first gasket sponge socket) that at least partially receives the suction cotton 112 (reads over configured to receive the oil absorbing body).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the electronic cigarette of modified Liu ‘019 and modify the inhalation element to include a cavity in the upper surface of the sealing cap and a nozzle cotton wherein said cavity receives the nozzle cotton as taught by Mao.
One of ordinary skill in the art would be motivated to make said modification in order to absorb any condensate (e.g., droplets) in the smoke vapor inside the inhalation element and prevent the condensate from being sucked out by the user and affecting the user experience. This reads over the claim.
Claims 11-13 are rejected under 35 U.S.C. 103 as being obvious over Liu (US 2014/0332019, hereinafter Liu ‘019), in view of Liu (US 2016/0249684 A1, hereinafter Liu ‘684), as applied to claim 1 above, and further in view of Liu (US 2015/0189919, hereinafter Liu ‘919).
Regarding claim 11, modified Liu ‘019 discloses all the claim limitations as set forth above. Modified Liu ‘019 does not explicitly teach an electrical control assembly housing formed of a first electrical control assembly housing portion and a second electrical control assembly housing portion to enclose a battery and a microphone, wherein the electrical control assembly housing fits inside the housing.
Liu ‘919 teaches an electronic cigarette with a built-in battery rod; the electronic cigarette 100 includes an inhalation rod 90 and a battery rod 91. The battery rod 91 is inserted and accommodated in the inhalation rod 90 (reads over fits inside the housing) (Fig. 3 [0034]). The inhalation rod 90 includes a cylindrical cartridge 1 acting as a housing of the inhalation rod 90 (Fig. 3 [0035]). The battery rod 91 includes a cylindrical sleeve 910 acting as a housing of the battery rod. In the sleeve 910 further disposes (encloses) a battery 911, a control board 22 for controller the atomizer 21 working and a control board support 23 used to fix the control board 22; (reads over an electrical control assembly) (Fig. 6 [0035]).
The control board 22 disposes a mini pneumatic switch (reads over a microphone) thereon to control the circuit being conducted, and then make a heating wire 211 starting to work (Fig. 6 [0037]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the electronic cigarette of modified Liu ‘019 to include a cylindrical sleeve 910 as taught by Liu ‘919 which results in a housing for the electrical control assembly of Liu ‘019 that fits into the housing 13 of Liu ‘019.
It would have further been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make sleeve 910 of Liu ‘019 modified by Liu ‘919 in two sections (reads over a first and a second electrical control assembly housing portions) that meet together to enclose the electrical control assembly of Liu ‘019 since the Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art. See In re Dulberg, 129 USPQ 348 (CCPA 1961) (see MPEP § 2144.04).
Claim 11 recites the functional language: “to enclose a battery and a microphone”. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). (see MPEP § 2144).
Regarding claim 12, modified Liu ‘019 does not explicitly disclose a first through hole, a second through hole, and a battery cooling air channel passing through the first hole and ending at the second through hole.
Liu ‘919 additionally teaches a top and the bottom of the sleeve 910 respectively dispose a second electrode assembly 6 which is electrically connected with the first electrode assembly 5 and a second connector 8 which is securely connected with the first connector 7 (Fig. 6 [0035]). The central electrode pole 62 defines an air vent (not labeled) (reads over a second through hole) which is axially through (Fig. 6 [0038[). The bottom of sleeve 910 further disposes an indicating light cover 83 equipped with an indicating light (not shown) and an air vent (not shown) (reads over a first through hole) (Fig. 6 [0037]).
When smoking, external air enters (reads over beginning) from the air vent at the bottom of the indicating light cover 83 on the battery rod 91, then enters into the sleeve 910 through the accommodating chamber 815 in the sleeve seat 81, and then flows out of the inhalation rod 90 individually through the air vent of the second electrode pole 62 (reads over ending at the second through hole) and the first electrode pole 52, the aerosol channel of the sleeve assembly 27, the air vent 412 of the cartridge top cover 41, the cooling chamber 424 on the mouthpiece 42 and the air vent 423, thus forming an air channel in the electronic cigarette [0042]. The flow of external air entering the air vent at the bottom cover 83 and through the air vent of the second electrode pole 62 reads over the battery cooling air channel limitation of the claim.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the electronic cigarette of modified Liu ‘019 to include an air vent at the bottom cover and an air vent at the top of the second electrode of the electrical control assembly as taught by Liu ‘919. One of ordinary skill would have been motivated to make such modification as said modification results in an air flow over a battery for cooling the battery. This reads over the battery cooling air channel limitation of the claim.
Regarding claim 13, modified Liu ‘019 discloses all the claim limitations as set forth above.
Modified Liu ‘019 teaches a pair of pin contacts that electrically connect the vaporizer assembly to the electrical control assembly. [0124]
Liu ‘684 discloses an atomizer electrode assembly 126 electrically connected to the battery rod assembly 200 is connected to an end of the atomizing seat 124, that is, the atomizer 100 is electrically connected to battery rod assembly 200 through the atomizer electrode assembly 126 [0094]. This reads over The atomizer electrode assembly 126 includes a first insulating cartridge 1261 inserted in the atomizing seat 124, a first electrode 1262 inserted in the first insulating cartridge 1261, a second insulating cartridge 1263 inserted in the first electrode 1262, and a second electrode 1264 inserted in the second insulating cartridge 1263 (Fig. 5 [0097]).
A battery rod assembly 200 includes a connector 201 configured to be mounted at an end of the conductive cartridge 220 for connecting with the atomizer 100 (reads over a vaporizer assembly). A PCB plate 902 is included in the connector 201 wherein the control unit may be arranged on the PCB plate 902. (Fig. 9 [0108], [0113), therefore the battery rod assembly 200 reads over an electrical control assembly. Two mounting holes are provided on the connector 201. A first elastic electrode 1201 and a second elastic electrode 1202 are respectively arranged on the two mounting holes (Fig. 12 [0124]). Elastic electrodes 1201, 1202 read over a pair of pin contacts. The first elastic electrode 1201 abuts against (i.e., connects with) the first electrode 1262, and the second elastic electrode 1202 abuts against (i.e., connects with) the second electrode 1264 [0125]. This reads over the pair of pin contacts electrically connect the vaporizer assembly to the electrical control assembly.
Liu ‘684 further teaches an advantage of such an arrangement: after the atomizer 100 is connected to the battery rod assembly 200, that is, the first elastic electrode 1201 abuts against the first electrode 1262 and the second elastic electrode 1202 abuts against the second electrode 1264, each of the first elastic electrode 1201 and the second elastic electrode 1202 is in a compressed state, thus reliable electrical connections between the first elastic electrode 1201 and the first electrode 1262 and between the second elastic electrode 1202 and the second electrode 1264 are formed. Even if the electronic cigarette waggles in the process of the longtime use or transportation, the electrical connections can be ensured, thus avoiding the atomizer 100 being unable to work normally due to abnormal electrical connections [0126].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to practice the invention of modified Liu ‘019 to modify the second electrode assembly of Liu ‘019 to include a first elastic electrode and a second elastic electrode as taught by Liu ‘684, wherein the first elastic electrode and the second elastic electrode are arranged to abut against the first electrode assembly first electrode post and the first seat body of Liu ‘019. One of ordinary skill in the art would be motivated to make such modification because each of the first elastic electrode and the second elastic electrode is in a compressive state when the atomizer device 10 is connected with the battery pole 102 of Liu ‘019 which results in reliable electrical connections are formed. If the electronic cigarette waggles during longtime use or transportation, the electrical connections can be ensured, thus avoiding the atomizer being unable to work normally due to abnormal electrical connections.
Conclusion
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/RONNIE KIRBY JORDAN/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747