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 .
Response to Amendment
Applicant’s amendment to claims 1 and 5-6, cancellation of claim 4, new claim 20, amendment to the drawings, amendment to the specification, and supporting remarks filed 05/18/2026 (“Amendment”) have been entered. Accordingly, the objection to the title, some of the objections to the drawings, and the claim rejections under 35 USC 102 are withdrawn. However, one of the drawing objections is maintained, new objections to the drawings, specification, and claims are set forth below, and the claim rejections under 35 USC 103 are maintained. New prior art references are cited pertinent below. Claims 1-3 and 5-20 are pending, claims 10 and 13-15 remain withdrawn, and claims 1-3, 5-9, 11-12, and 16-20 are examined herein.
Response to Arguments
Applicant's arguments regarding the objections to the drawings (Amendment p. 8-9) have been fully considered but they are not persuasive.
The objections pertaining to Fig. 8 are withdrawn.
The amendment to Fig. 12 overcomes the drawing objection regarding reference numeral “223”, but the written description still uses reference numeral “223” for two separate components, and therefore the disclosure is objected to.
The amendment to Fig. 5 is not responsive to the drawing objection. The objection was directed toward reference numeral “23b” in Fig. 5, which should be amended to “231b” (because the specification at [0054] describes 231a and 231b as opposing end surfaces of porous body 231). Instead, Applicant amended reference numeral “231” to “231b” in Fig. 5, which should be reverted.
Applicant's arguments regarding the claim rejections under 35 USC 103 (Amendment p. 10-12) have been fully considered but they are not persuasive.
Applicant argues that Cui’s second oil guide body 303 is formed of aramid fibers which guide liquid through bulk material permeation, which does not disclose the claimed “liquid guide structure comprising a plurality of liquid guide holes” (Amendment p. 10-11, Heading A). The Examiner respectfully disagrees because Cui’s fiber structure reads on “a plurality of liquid guide holes” under its broadest reasonable interpretation. The claim merely requires that the holes are “provided through a thickness direction of the isolating portion”, no other structural limitations are recited which distinguish such guide holes from Cui’s fiber structure, and Applicant’s argument that Cui’s fibers are not “discrete” liquid guide holes is not required by the claim language. One of ordinary skill in the art would consider Cui’s fiber structure to read on the claimed plurality of liquid guide holes because the fibers similarly guide liquid and are arranged in a downward direction, which suggests that the gaps between the fibers are similarly “provided through a thickness direction” of the second oil guide body 303.
Applicant argues that Cui’s oil control assembly 300 is not arranged between a liquid storage cavity and a heating assembly as recited in claim 1 (Amendment p. 11, Heading B). The Examiner respectfully disagrees. The oil control assembly 300 guides liquid from a reservoir via an oil inlet 401 to the atomizer head 700/701 ([n0067-68], Figs. 1 and 3), and thus in modified Li, the oil control assembly 300 would be similarly arranged between Li’s liquid storage cavity 23 and heating component 12v to control the liquid flow, which reads on “arranged between the heating assembly and the liquid storage cavity” as claimed. One of ordinary skill in the art would be capable of combining Li and Cui in a manner that preserves a liquid flowpath from Li’s liquid storage cavity 23 through Cui’s oil control assembly 300 to Li’s heating component 12v.
Applicant argues that there is no motivation to combine because Li’s own structure would reduce leakage (Amendment p. 11-12, Heading C), but the Examiner respectfully disagrees because one of ordinary skill in the art viewing Li and Cui would recognize that Cui provides an additional, separate means of reducing liquid leakage.
Applicant argues that Cui’s second oil guide body 303 is aramid fiber which does not read on claim 17 (Amendment p. 12, Heading D), but the Examiner respectfully disagrees aramid fibers read on “plastic” under its broadest reasonable interpretation as noted in the rejection below. Additionally, Cui discloses other high strength materials [0069], which renders the claim language obvious as noted in the rejection below.
Applicant additionally argues that claim 20 is not met because Cui’s second oil guide body 303 is not in “direct communication” with a liquid storage cavity as claimed (Amendment p. 12-13), but the Examiner respectfully disagrees because the oil control assembly 300 similarly reads on the claimed “isolation member”, and in modified Li it would be in “direct communication” with Li’s liquid storage device 20.
Drawings
The drawings appear to the Examiner to contain the following typos:
Fig. 5 includes “23b”, which appears to be a typo of “231b” based on the description at [0054]. The part number “23b” does not appear in the written description;
In the Amendment, a part number Fig. 5 was amended from “231” to “231b”. This change is incorrect based on the description at [0054] and should be reverted to “231”.
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
The disclosure is objected to because of the following informalities: reference character “223” has been used to designate both a “communication airway” at [0053] and Fig. 5 (1st embodiment) and a “liquid absorbing structure” at [0064] (3rd embodiment).
Appropriate correction is required.
Claim Objections
Claim 5 is objected to because it depends from claim 4, but claim 4 has been cancelled, and thus claim 5 should depend from claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-9, 11-12, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Li (WO 2019/157650 A1, previously cited) in view of Cui (CN 216292992 U, previously cited).
Regarding claim 1, Li is directed to electronic cigarettes and their atomizers (Title), which reads on a “vaporizer” as claimed. The atomizer 1 includes a liquid storage cavity 23 (“liquid storage cavity”) ([0098, 0106], Figs. 28, 31). The atomizer 1 includes an atomizing assembly 10 with a heating component 12v (“heating assembly”) [0099], which has a surface (“first end surface”) opposing the liquid storage device 20 as shown in Figs. 29-32. Li further discloses a sealing sleeve 13, upper seat 14 with two liquid channels 144, and sleeve 15 with two liquid inlet holes 155, forming a liquid flow path between the heating component 12v and the liquid storage device 20 ([0099, 0104-0105], Figs. 29-32), but fails to disclose an “isolating member” and a “liquid guide structure” as claimed.
Li discloses a potential for liquid leakage in the atomizing chamber 110 when the chamber 110 is filled too high (see [0115] disclosing a second air inlet 2120 being positioned higher than the chamber 110 to prevent such leakage). Furthermore, liquid leakage is generally a well-known problem in the art of electronic aerosolization devices. One of ordinary skill in the art would be motivated to prevent such liquid leakage.
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Cui is directed to atomizers and electronic atomization devices (Title). The atomizer includes an oil control assembly 300 with a first oil guide body 301, a pressure mesh 302, and a second oil guide body 303 (the second oil guide body 303 reading on an “isolating member” and “isolating portion”) arranged above and contacting an atomizer head 700/701 ([n0068], Figs. 3, 5). The second oil guide body 303 includes a material with distributed fibers for guiding the liquid downward to the atomizer head 700/701 [n0069], which reads on the claimed “liquid guide structure comprising a plurality of liquid guide holes provided through a thickness direction of the isolating portion, the liquid guide holes guiding the aerosol-forming substrate through the isolating portion to the heating assembly”. Cui provides the oil control assembly 300 in order to regulate the speed of e-liquid flow [n0064, n0070], because current atomizers lack effective control over the flow rate [n0002, n0010]. One of ordinary skill in the art would recognize that Cui’s oil control assembly 300 could be used in Li, arranged above and contacting the heating component 12v, to regulate liquid speed and thus prevent liquid leakage due to excessive flow. Furthermore, when combining, it would be obvious to one of ordinary skill in the art to adjust the size and/or shape of Cui’s oil control assembly 300, particularly the first oil guide body 301, in order to fit within Li’s sealing sleeve 13 and receive liquid through its center gap (see Li Fig. 29).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Li by incorporating Cui’s oil control assembly 300 arranged above and contacting Li’s heating component 12v, because both Li and Cui are directed to atomization devices, Li teaches a potential problem of liquid leakage which is well-known in the art, Cui teaches the oil control assembly 300 for regulating liquid speed which a PHOSITA would recognize helps to prevent such liquid leakage, and this would involve combining prior art elements according to known methods to yield predictable results. See MPEP 2143(I); see also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 2, Li’s heating component 12v includes a groove 120v (“liquid absorbing groove”) formed on the liquid absorption side surface, making the whole body bowl-shaped (which reads on an “opening”) ([0096], compare groove 120v and center gap of heating component 12v in Fig. 29 with Applicant’s groove 2311 and opening 2312 in Fig. 5). In modified Li as set forth above, Cui’s second oil guide body 303 would be located on the upper surface of the heating component 12v and thus would cover the opening as claimed.
Regarding claim 3, modified Li has the second oil guide body 303 covering the heating component 12v and its center gap, as set forth above. It would be obvious to one of ordinary skill in the art to form the second oil guide body 303 with a size larger than the center gap, in order to ensure that all liquid entering the center gap first passes through the second oil guide body 303, and because Cui’s Figs. 3 and 5 show the second oil guide body 303 with size similar to the atomizing head 700/701, and further because this would be a mere change in size or proportion. See MPEP 2144.04(IV)(A); see also In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955).
Regarding claim 5, the second oil guide body 303 is porous with fibers that may be distributed vertically downward [n0069], which reads on “wherein the plurality of liquid guide holes are provided at intervals”.
Regarding claim 6, Li discloses a liquid storage device 20 (“vaporization shell”) with a housing 21 (“housing”) and an airflow pipe 22 (“air outlet tube”) which define the liquid storage cavity 23 [0106] (compare Li’s Fig. 31 with Applicant’s Fig. 3 showing vaporization shell 10, housing 11, air outlet tube 12, and liquid storage cavity 13). In modified Li as set forth above, the second oil guide body 303 would be arranged vertically above the heating component 12v, which reads on “wherein the liquid guide structure is located in an extending direction of the air outlet tube”.
Regarding claim 7, the second oil guide body 303 is flat (Cui [n0069]). In combination, it would be obvious to form the second oil guide body 303 in a plate shape to match the shape of the top surface of the heating component 12v (see Li Fig. 29), and this modification would be a mere change in shape. See MPEP 2144.04(IV)(B); see also In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 8, Li discloses the sealing sleeve 13 (“first seal member”) sleeved on the heating component 12v ([0099], Fig. 29) (compare Fig. 29 with Applicant’s Fig. 5 showing first seal member 24). In the combination, as set forth above, the second oil guide body 303 is arranged on the top of the heating component 12v, and thus would also be “arranged on” the sealing sleeve 13 as claimed.
Regarding claim 9, Li’s sealing sleeve 13 has a “hollow structure with two run-through ends, and an inner side thereof forms an accommodating cavity configured to accommodate” the heating component 12v (compare Fig. 29 with Applicant’s Fig. 5 showing first seal member 24). In the combination as set forth above, the second oil guide body 303 would be “accommodated in the accommodating cavity”. Furthermore, the second oil guide body 303 and sealing sleeve 13 are not disclosed as integrally formed components, and thus it would be obvious to make them separable from one another, for instance to allow replacement of the second oil guide body 303. See MPEP 2144.04(V)(C); see also In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961).
Regarding claim 11, Li discloses the upper seat 14 (“upper base body”), with the heating component 12v being clamped between the upper seat 14 and a lower seat 11 ([0099], compare Fig. 29 with Applicant’s Fig. 5 showing upper base body 22). In the combination, the second oil guide body 303 is arranged on the top of the heating component 12v and thus would similarly be “mounted in” the upper seat 14 as claimed.
Regarding claim 12, Li discloses the sleeve 15 (“second seal member”) sleeved on the upper seat 14 ([0099], compare Fig. 29 with Applicant’s Fig. 5 showing second seal member 26). Li discloses components of the sleeve 15 cooperating with components of the upper seat 14 to form sealed air channels [0105].
Regarding claim 16, the upper seat 14 includes two liquid channels 144 (“liquid flowing hole”) extending from a top to a bottom of the upper seat 14 ([0104-0105], compare Fig. 29 with Applicant’s Fig. 5 showing liquid flowing hole 2222). In the combination, as set forth above, the second oil guide body 303 would be arranged on the top of the heating component 12v, which is below the upper seat 14 and “arranged in a liquid flowing direction” of the liquid channels 144 as claimed.
Regarding claim 17, Cui discloses the second oil guide body 303 preferably being formed of aramid fibers [n0069], which one of ordinary skill in the art would recognize refers to synthetic aromatic polyamide fibers, which reads on “plastic” as claimed. Alternatively, Cui discloses that the second oil guide 303 can be made of other materials and that high strength materials are preferred [n0069], and thus it would be obvious to use one or more high strength plastic polymers to form the second oil guide body 303.
Regarding claim 18, Li’s heating component 12v includes a porous body 121v and a heating element 122v disposed on a lower atomizing surface 1211v ([0096], Figs. 24-25), which reads on “a porous body and a heating structure, and wherein the porous body comprises at least one vaporization surface, the heating structure being arranged on the vaporization surface” (compare Figs. 24-25 with Applicant’s Fig. 5 showing porous body 231, vaporization surface 2313, and heating structure 232).
Regarding claim 19, Li discloses a battery assembly 2 (“power supply component”) for powering the atomizer 1 [0097].
Regarding claim 20, modified Li includes Cui’s oil control assembly 300 with the first oil guide body 301, pressure mesh 302, and second oil guide body 303, as set forth above in the discussion of claim 1. In the discussion of claim 1, Cui’s second oil guide body 303 is mapped to the claimed “isolating member” and “isolating portion”, but the claimed “isolating member” is also met by Cui’s oil control assembly 300 (with the second oil guide body 303 being mapped solely to the “isolating portion” in such case). In modified Li, Cui’s oil control assembly 300 would be arranged vertically above the heating component 12v (between the heating component 12v and the liquid storage cavity 23), which reads on “wherein the isolating member is in direct communication with the liquid storage cavity”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liu (US 2016/0192710 A1) discloses a liquid guiding plate 25 and liquid guiding holes 232, which separate and guide liquid from a liquid storage chamber 13 to an electric heating wire assembly 22 ([0056, 0059, 0061-63], Fig. 3). The liquid guiding plate 25 and liquid guiding holes 232 are considered particularly relevant to the isolating member and liquid guide structure of claim 1.
Lim (US 2023/0270177 A1) discloses a plate 43 isolating a first chamber C1 and liquid container 41 from a second chamber C2 with a wick 44 and heater 45 ([0058-59], Figs. 7-8). The plate 43 and its liquid supply holes 431 are considered particularly relevant to the isolating member and liquid guide structure of claim 1.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL PATRICK MULLEN whose telephone number is (571)272-2373. The examiner can normally be reached M-F 10-7 ET.
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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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/MICHAEL PATRICK MULLEN/Examiner, Art Unit 1747 /Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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