DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species 1, the vaporizer 1 and components thereof, described in the specification at Figs. 1-8, [0056-88], allegedly encompassing claims 2-23 (with claim 1 being generic) in the reply filed on 01/05/2026 is acknowledged. However, the Examiner notes that claim 16 is not directed to Species 1 (compare [0076] wherein the mounting portion 171 of Species 1 is in a shape of a cylinder, with [0116] wherein the mounting portion 171b of Species 3 is in a shape of a circular ring-shaped sheet and is sandwiched between an upper end surface of the vaporization core 141b and the first sealing ring 142b), and claims 17-19 are dependent on claim 16. Therefore, claims 16-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Drawings
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: 140, 140a, and 140c, each referred to as an “airflow channel” in various embodiments [0059, 0089, 0127];
Fig. 7 shows reference sign 1432 which does not appear in the description, whereas paragraphs [0066-67] recite five instances of a “fourth sealing portion 1433” and 1433 does not appear in the drawings. It appears to the Examiner that Fig. 7 shows the fourth sealing portion 1432. The Examiner recommends either amending Fig. 7 to recite 1433 or amending paragraphs [0066-67] to recite the “fourth sealing portion 1432”.
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 title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: ELECTRONIC VAPORIZATION DEVICE, VAPORIZER, AND VAPORIZATION ASSEMBLY WITH SEALING RING ATTACHED TO VAPORIZATION CORE.
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 1-15 and 20-23 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.
The term “tightly” in claims 1 and 7 is a relative term which renders the claim indefinite. The term “tightly” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Thus, the recitations of “at least one sealing ring tightly attached…” in claim 1 and “the first sealing ring and the second sealing ring being tightly attached” in claim 7 are each rendered indefinite. The Examiner recommends deleting the word “tightly” in both claims (and the claims are interpreted as such for purposes of this office action), because both claims already recite attachment of sealing rings, which requires attachments sufficiently tight to form a seal.
Claim 5 recites “the vent groove”, which lacks antecedent basis. For purposes of this office action, claim 5 is interpreted as reciting “the vent structure” which was previously introduced in claim 1.
Claims 2-4, 6, 8-15, and 20-23 are rejected due to their dependency on claim 1.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 4-5, and 23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chang (CN 211631797 U, provided in IDS dated 02/20/2025, English translation provided herewith).
Regarding claim 1, Chang is directed to atomizers for electronic cigarettes (Title). The atomizer includes an atomizing component 150 with a cylindrical oil-absorbing component 152 and a heating element 151 disposed therein (component 152 and element 151 together reading on the claimed “cylindrical vaporization core”), the component 152 having a first upper end 1521 (“first end”) and a second lower end 1522 (“second end”) ([0034-35], Figs. 5-6). The first end 1521 is fitted tightly with an elastic sealing sleeve 153 (“sealing ring”) comprising three convex rings 1531 ([0035], Figs. 5-6). The atomizing component 150 is arranged below an air pipe 140 through which air flows ([0035], Figs. 5-6), and thus the sealing sleeve 153 includes an aperture (“vent structure”) through which the air flows.
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Regarding claim 4, the sealing sleeve 153 includes three convex rings 1531 (“first sealing portion”) on the outer surface of the sleeve 153 between the vent pipe 140 and oil-absorbing component 152, and the sealing sleeve 153 includes a top portion (“second sealing portion”) above the rings 1531 which covers the upper end 1521 of the oil-absorbing component 152 when the sealing sleeve 153 is installed ([0035-36], Figs. 5-6).
Regarding claim 5, the aperture runs vertically through the center of the sealing sleeve 153 (Fig. 6), and thus “runs through inner wall surfaces” of the rings 1531 and the top portion of the sealing sleeve 153.
Regarding claim 23, Chang discloses an electronic cigarette 300 (“electronic vaporization deivce”) including the atomizer 100 and a power supply 200 (“battery device”) for supplying power to the atomizer 100 ([0042], Fig. 8).
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.
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 2-3, 6-11, and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (CN 211631797 U) in view of Li (CN 111772236 A, provided in IDS dated 02/20/2025, English translation provided herewith).
Regarding claim 2, Chang discloses the vaporization assembly of claim 1, as set forth above, but fails to disclose “wherein the vent structure comprises a vent groove formed on a surface attached to the first end and/or the second end of the at least one sealing ring”.
Li is directed to atomizers and electronic atomizing devices (Title). Li discloses a ventilation groove 26 (“vent groove”) which may be provided on a sealing member 40 ([0074-75], Fig. 11). The ventilation groove 26 is provided in order to communicate an atomizing cavity, the atmosphere, and a liquid storage chamber, and thus regulate air pressure within a liquid storage chamber 12 [0008, 0015-16, 0063]. One of ordinary skill in the art would recognize that Li’s ventilation groove 26 could similarly be formed on Chang’s sealing ring 153 to communicate Chang’s atomizing component 150 and oil storage cavity 121 with the atmosphere (see Chang [0033-35], Figs. 3-6).
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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 Chang by incorporating Li’s ventilation groove 26 on Chang’s sealing sleeve 153 at the first end 1521 (which reads on “a vent groove formed on a surface attached to the first end”), because both Chang and Li are directed to atomizers, Chang teaches that this allows for air pressure regulation of a liquid storage cavity, 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 3, as shown in Fig. 11, Li’s ventilation groove 26 is “distributed on the surface in a shape of a labyrinth” as claimed.
Regarding claim 6, Li’s ventilation groove 26 provides capillary tension to dynamically balance the liquid storage chamber 12 and the external atmosphere [0053, 0063-64] (see also Applicant’s specification at [0067] explaining that the capillary force allows communication of the liquid storage cavity 130 with an airflow channel in the vent tube 12). In modified Chang, the ventilation groove 26 would similarly provide capillary tension to dynamically balance Chang’s oil storage cavity 121 with the external atmosphere.
Regarding claim 7, Chang discloses a second elastic sealing sleeve 154 (“second sealing ring”) on a second lower end 1522 of the oil-absorbing component 152 ([0035], Figs. 5-6). It would be similarly obvious to provide Li’s ventilation groove 26 on Chang’s second sealing sleeve 154, for the same reasons as set forth above in the discussion of claim 2, and because Li discloses providing the groove 26 on one or more components and on one or more sides thereof [0074-75]. Additionally, as shown in Fig. 11, Li’s ventilation groove 26 extends to “inner wall surfaces” of the sealing member 40 as claimed, and thus the ventilation groove 26 in modified Chang would similarly extend to “inner wall surfaces” of the first and second sealing sleeves 153, 154.
Regarding claim 8, Chang discloses the vaporization assembly of claim 1 as set forth above, and discloses an atomizer (Title, [0034-35]), which reads on the claimed “vaporizer”. The atomizer includes an oil storage chamber 121 (“liquid storage cavity”) with an oil inlet 141 coupled to the atomizing component 150 ([0035], Figs. 3-6). The atomizing component 150 is located within the air pipe 140 ([0035], Fig. 3), and thus an “airflow channel” runs through a “middle portion” of the atomizing component 150 as claimed. However, Chang fails to disclose “wherein the airflow channel is in air communication with the liquid storage cavity through the vent structure”.
Li is directed to atomizers and electronic atomizing devices (Title). Li discloses a ventilation groove 26 which may be provided on a sealing member 40 ([0074-75], Fig. 11). The ventilation groove 26 is provided in order to communicate an atomizing cavity, the atmosphere, and a liquid storage chamber, and thus regulate air pressure within a liquid storage chamber 12 [0008, 0015-16, 0063]. One of ordinary skill in the art would recognize that Li’s ventilation groove 26 could similarly be formed on Chang’s sealing ring 153 to communicate Chang’s atomizing component 150 and oil storage cavity 121 with the atmosphere (see Chang [0033-35], Figs. 3-6), which would read on “wherein the airflow channel is in air communication with the liquid storage cavity through the vent structure” as claimed.
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 Chang by incorporating Li’s ventilation groove 26 on Chang’s sealing sleeve 153, because both Chang and Li are directed to atomizers, Chang teaches that this allows for air pressure regulation of a liquid storage cavity, 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 9, Chang discloses the air pipe 140 (“vent tube”) which contains the atomizing component 150 (thus the air pipe 140 defines a “columnar vaporization cavity, wherein the vaporization core and the at least one sealing ring are axially arranged in the vaporization cavity”) ([0035], Figs. 3-6). The sealing sleeve 153 permits liquid to enter the atomizing component 150 via the oil inlet hole 141 [0035], but seals the other exterior and interior surfaces and the upper end 1521 (“end portion”) of the atomizing component 150 to prevent liquid leakage [0036], which reads on “wherein the at least one sealing ring is configured to provide liquid sealing between an end portion corresponding to the vaporization core and an inner wall surface of the vaporization cavity”.
Regarding claim 10, Chang discloses the oil inlet 141 (“liquid inlet hole”) which is formed on the air pipe 140 and connects the oil storage chamber 121 to a middle portion of the atomizing component 150 ([0035], Fig. 3).
Regarding claim 11, Chang discloses an oil storage pipe 120 (“housing”) surrounding the air pipe 140 and defining the oil storage cavity 121 between the pipes 120, 140 ([0033], Figs. 1-4).
Regarding claims 20-21, Chang discloses a second elastic sealing sleeve 154 on a second lower end 1522 of the oil-absorbing component 152 ([0035], Figs. 5-6), which reads on “the at least one sealing ring at a lower end” per claim 21. As shown in Figs. 3-6, Chang’s atomizing component 150, first sealing sleeve 153, and second sealing sleeve 154, are “arranged vertically” as recited in claims 20-21 (the component 150 and first sleeve 153 together form the “vaporization assembly” as set forth above in the discussion of claim 1; alternatively, for the purposes of claim 21, the component 150 and second sleeve 154 would together form the “vaporization assembly” of claim 1). In modified Chang, it would be obvious to provide Li’s ventilation groove 26 on either the first sealing sleeve 153 (which would read on claim 20) or on the second sealing sleeve 154 (which would read on claim 21), because Li discloses various combinations of providing the groove 26 on one or more of a partition 22, the sealing member 40, and sides thereof [0074-75]. Thus, the claimed arrangements would be obvious to try from Li’s disclosure. 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 22, Chang discloses a second elastic sealing sleeve 154 on a second lower end 1522 of the oil-absorbing component 152 ([0035], Figs. 5-6), which reads on “at least one sealing ring at a lower end” as claimed. As shown in Figs. 3-6, Chang’s atomizing component 150, first sealing sleeve 153, and second sealing sleeve 154, are “arranged vertically” as claimed (the component 150 and first sleeve 153 together form the “vaporization assembly” as set forth above in the discussion of claim 1; the second sleeve 154 is a second “at least one sealing ring” and is therefore part of the claimed “vaporization assembly” as well). Chang fails to disclose the second sleeve 154 having “the thickness of a material…greater than a thickness of a material” of the first sleeve 153 as claimed. However, making the second sleeve 154 thicker than the first sleeve 153 would be a mere change in size/proportion which is obvious in view of Chang. See MPEP 2144.04(IV)(A); see also In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). Chang discloses the sealing sleeves 153, 154 for preventing liquid leakage [0036]. One of ordinary skill in the art would recognize that when Chang’s atomizer is held upright in use, the second sealing sleeve 154 is arranged at a lower end (see Figs. 3-6), which is more likely to encounter liquid because such liquid flows downward due to gravity. Thus, it would be obvious to make the lower sleeve 154 thicker than the upper sleeve 153, in order to provide stronger sealing at the lower end.
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Chang (CN 211631797 U) in view of Li (CN 111772236 A) as applied to claim 9, further in view of Liu (US 2017/325289 A1, provided in IDS dated 06/28/2023).
Regarding claim 12, modified Chang fails to disclose the air pipe 140 being “conductive” as claimed, and further fails to disclose “wherein the vaporizer further comprises an electrode claw electrically connecting the vent tube to the end portion of the vaporization core.”
Liu is directed to an electronic cigarette and atomization control method thereof (Title). Liu discloses a vent pipe 32 which is made of a conductive material (“wherein the vent tube is conductive”) and is coupled to a suction nozzle 2 and an atomization core 4 ([0062], Fig. 2). The suction nozzle 2 and atomization core 4 may also be conductive and connected with a battery assembly 5 [0009-10, 0064, 0070], which advantageously allows actuation of the electronic cigarette by contact between conductors and human skin, which reduces the probability of false triggering (Abstract). Liu further discloses a fixing block 43 (“electrode claw”) with an elastic piece electrically connecting the vent pipe 32 and atomization core 4 ([0104-0105], Figs. 7-8).
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One of ordinary skill in the art would recognize that Chang’s air pipe 140, suction nozzle 110, and other intervening components could similarly be made of a conductive material in order to establish a conductive path from the suction nozzle 110 to the power supply 200 in order to similarly reduce the probability of false triggering (see Chang [0033, 0042] and Figs. 1-8 showing various components between the suction nozzle 110 and power supply 200). Similarly, Liu’s fixing block 43 could be provided to connect the air pipe 140 and atomizing component 150 and establish the conductive path.
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 Chang by (1) making the air pipe 140, suction nozzle 110, and other intervening components from a conductive material to form a conductive path with the power supply 200 as taught by Liu, and (2) providing Liu’s fixing block 43 electrically connecting Chang’s air pipe 140 and atomizing component 150, because Chang and Liu are both directed to electronic cigarettes, Liu teaches that this prevents false triggering of the electronic cigarette, 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 13, Liu’s fixing block 43 has a ring-shaped structure (“mounting portion”) which is fixed on a base body 411 of the atomization core 4 ([0104-0105], Figs. 7-8). In modified Chang, it would be obvious to mount Liu’s ring-shaped structure on Chang’s atomizing component 150, for the same reasons as set forth above in the discussion of claim 12. Liu’s fixing block 43 includes an elastic conductive arm 431 (“elastic conductive arm”) abutting the vent pipe 32 [0105]. In modified Chang, it would be obvious to abut Liu’s elastic conductive arm 43 with Chang’s air pipe 140, for the same reasons as set forth above in the discussion of claim 12.
Regarding claim 14, Liu discloses an atomization seat 41 (“bottom base”) which is conductive and is electrically connected to the vent pipe 32 above it ([0070], Figs. 2 and 4). In modified Chang, it would be obvious to incorporate Liu’s atomization seat 41 below and electrically connected to the air pipe 140, for the same reasons as set forth above in the discussion of claim 12.
Regarding claim 15, as shown in Fig. 8, Liu’s ring-shaped structure is both ring-shaped and has a non-zero height, which reads on “a shape of a cylinder”. Furthermore, extending the height to further exaggerate the cylindrical shape would be a mere change in shape and/or proportion which is obvious over Liu. See MPEP 2144.04(IV)(B); see also In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966); see also MPEP 2144.04(IV)(A); see also In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). The structure has a central hole (“fracture”) as shown in Fig. 8.
Conclusion
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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/MICHAEL PATRICK MULLEN/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747