DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to applicant amendments and remarks filed March 27, 2026. Claims 5 and 10-11 have been cancelled. Claims 1, 7-9, and 12-13 have been amended. Claims 1-4, 6-9, and 12-20 are pending and stand rejected.
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 1-4, 9, and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20210345670 A1 (hereinafter WANG) in view of US 20150245669 A1 (hereinafter CADIEUX).
Regarding claim 1, WANG discloses an electronic cigarette atomizer, comprising a liquid storage chamber for storing electronic cigarette liquid, and an atomization assembly for absorbing and atomizing the electronic cigarette liquid (abstract). WANG discloses a liquid guide body (Figs. 1-3, porous body 10, ¶48), wherein the liquid guide body has a first end surface (Fig. 2, liquid absorption surface 11, ¶50) and a second end surface (Fig. 2, atomization surface 12, ¶50), at least a part of the first end surface is a liquid absorption region (¶4, ¶50), the liquid absorption region is configured to communicate with a liquid storage cavity (Fig. 15, liquid storage chamber 120, ¶78) of an electronic cigarette (¶78). WANG discloses, ”…when the atomizer works, the electronic cigarette liquid is transferred from the electronic cigarette liquid storage chamber 120 in the direction of arrow R1 through the electronic cigarette liquid conduction hole 310 to the electronic cigarette liquid absorption surface 11” (¶78). WANG further discloses at least a part of the second end surface is a vaporization region, a position of the liquid absorption region is opposite to a position of the vaporization region. WANG discloses that the second end surface is called the “atomization surface” therefore a portion of that surface is a vaporization region and as shown in at least Figs. 2, and 5-6, the liquid absorption region is opposite the vaporization region. WANG further discloses an area of the liquid absorption region is smaller than an area of the vaporization region (¶54). WANG discloses that the liquid absorption has holes. Since both ends are rectangles and the liquid absorption region is on a surface comprising holes, the area of the liquid absorption is smaller because it is the rectangle, minus voids created by the holes (See Figs. 3-4). WANG discloses a heating element (Figs. 1-3, heating element 20, ¶48, ¶69), wherein the heating element is arranged in the vaporization region of the second end surface. WANG discloses that the heating element is formed on the atomization surface (¶69).
WANG further discloses wherein the liquid guide body has a liquid absorption portion and a vaporization portion, a side surface of the liquid absorption portion distant from the vaporization portion is the first end surface, and a side surface of the vaporization portion distant from the liquid absorption portion is the second end surface (As shown in Figs. 1-6). As with the instant application, the porous body is comprised of a liquid absorption portion and a vaporization portion. These portions inherently have sides at distances from each other. As shown in the figures, the vaporization portion is distant and opposite the liquid absorption portion.
WANG does not disclose but teaches in an alternate embodiment that along an extending direction from the first end surface to the second end surface, a projected area of the liquid absorption portion is smaller than a projected area of the vaporization portion, and a step surface is formed between the liquid absorption portion and the vaporization portion. WANG teaches an embodiment, shown in Fig. 4, where the liquid absorption surface 11 has blind holes combined with or replaced by a groove structure which is considered to be a step surface (¶58). WANG teaches that this modification can accelerate the linear conduction of the cigarette liquid (¶58). Further, the courts have held changes in proportion or shape to be prima facie obvious in the absence of new or unexpected results. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). One of ordinary skill in the art would appreciate that changes to the absorption surface geometry would improve the conduction of liquid for vaporization.
WANG further discloses wherein the liquid absorption portion is a plurality of liquid absorption units, the plurality of liquid absorption units are distributed spaced away on the vaporization portion, and top surfaces of the liquid absorption units form the first end surface. WANG discloses blind holes 30 for improving the liquid conduction of the porous body (Figs. 2-7, ¶60). See annotated Fig. 2 below.
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WANG does not disclose a sealing layer is arranged between the liquid absorption units, the sealing layer is configured to fill up a gap between adjacent liquid absorption units of the liquid absorption units to prevent e-liquid from penetrating into a non-vaporization region of the second end surface.
CADIEUX teaches a liquid reservoir component of an electronic vaping device with a wick in communication with the liquid reservoir (abstract). CADIEUX teaches that the wick has a wick 28 with a first end portion 29 and a second end portion 31 (Fig. 5, ¶126). This reads on liquid absorption units of the instant application. As shown on Fig. 5, there is an upstream seal that is between the first end portion and the second end portion that fills a gap between the portions and also prevents the e-liquid from traveling to battery section 72 (seen in Fig. 5 annotated below).
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[AltContent: textbox (Second end portion)][AltContent: textbox (First end portion)]
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Filling a gap between absorption portions )]
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It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified WANG to provide a sealing layer is arranged between the liquid absorption units, the sealing layer is configured to fill up a gap between adjacent liquid absorption units of the liquid absorption units to prevent e-liquid from penetrating into a non-vaporization region of the second end surface as taught in CADIEUX. A person of ordinary skill in the art would obviously provide a sealing layer between liquid absorption portions. The inclusion of a seal establishes the annular space to form the liquid reservoir on the bottom end (¶116). As shown in the embodiment of Fig. 5, this seal isolates the heated portion of the wick (228) from the wicking portions (¶126). A person of ordinary skill in the art would establish these clear boundaries to prevent liquid from flowing in a way that is not intended by through the wick. This is a rationale to combine supported by (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (See MPEP 2143, I. (D)). A person of ordinary skill would obviously provide seals between wicking portions because doing so would predictably separate the electronic portions from the liquid with predictable results.
Regarding claim 2, modified WANG discloses the vaporization core component for electronic cigarettes according to claim 1. WANG teaches the area of the liquid absorption region is 9% to 95% of the area of the vaporization region. As discussed in the rejection of Claim 1, WANG discloses that the liquid absorption surface has holes. Since both ends are rectangles and the liquid absorption region is on a surface comprising holes, the area of the liquid absorption is smaller because it is the rectangle, minus voids created by the holes (See Figs. 3-4 and 6). Wherein the area of liquid absorption is provided with holes, or both holes and grooves, that area is smaller than the complete rectangle of the atomization surface. WANG is silent as to the percentage comparison between the liquid absorption region and the vaporization region. However, It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of WANG to have the area of the liquid absorption region is 9% to 95% of the area of the vaporization region since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In the instant case, the device of WANG would not operate differently with the claimed values would function appropriately with the claimed values. Further, applicant places no criticality on the range claimed, but provides a wide range (Instant application, PG Pub ¶134).
Regarding claim 3, modified WANG discloses the vaporization core component for electronic cigarettes according to claim 1. WANG further discloses an area of the first end surface is smaller than an area of the second end surface. WANG discloses that the liquid absorption surface has holes. Since both ends are rectangles and the liquid absorption region is on a surface comprising holes, the area of the liquid absorption is smaller because it is the rectangle, minus voids created by the holes (See Figs. 3-4).
Regarding claim 4, modified WANG discloses the vaporization core component for electronic cigarettes according to claim 1. WANG further discloses wherein an entirety of the first end surface is the liquid absorption region (¶50). WANG discloses that the liquid absorption surface is in contact with the electronic cigarette liquid and absorbing the liquid (¶50). WANG further discloses that the surface area is formed with the blind holes, but the surface end 11 of the porous body is entirely absorbing.
Regarding claim 9, modified WANG teaches the vaporization core component for electronic cigarettes according to claim 5. WANG does not disclose wherein the liquid absorption portion comprises a base and a liquid guiding boss, the base is connected with the vaporization portion, the liquid guiding boss is located on one side of the base distant from the vaporization portion, and a top surface of the liquid guiding boss is the first end surface.
The instant application discloses that the components of a base, a liquid guiding boss and a top surface of the liquid guiding boss are portions of the liquid guide body (See Fig. 9 of the instant application). In the same way, WANG teaches that the porous body is modified to have holes and/or grooves to guide the liquid to provide a more uniform distribution of the liquid for vaporization (WANG ¶53, ¶58). The courts have held changes in proportion or shape to be prima facie obvious in the absence of new or unexpected results. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). One of ordinary skill in the art would appreciate that stepped portions would provide liquid guiding to optimize the flow for vaporization. WANG discloses that the shape of the porous body needs to be optimized to provide for liquid flow. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the shape as a matter of routine optimization since it has been held that "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (MPEP 2144.05.II.A).
Regarding claim 12, modified WANG teaches the vaporization core component for electronic cigarettes according to claim 1. WANG does not disclose wherein the sealing layer is arranged on a circumferential surface of each of the liquid absorption units and the step surface.
CADIEUX teaches a liquid reservoir component of an electronic vaping device with a wick in communication with the liquid reservoir (abstract). CADIEUX teaches that the wick has a wick 28 with a first end portion 29 and a second end portion 31 (Fig. 5, ¶126). This reads on liquid absorption units of the instant application. As shown on Fig. 5, there is an upstream seal that is between the first end portion and the second end portion that fills a gap between the portions and also prevents the e-liquid from traveling to battery section 72 (seen in Fig. 5 annotated below).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified WANG to provide wherein the sealing layer is arranged on a circumferential surface of each of the liquid absorption units and the step surface as taught in CADIUEX. A person of ordinary skill in the art would obviously provide a sealing layer between liquid absorption portions. The inclusion of a seal establishes the annular space to form the liquid reservoir on the bottom end (¶116). As shown in the embodiment of Fig. 5, this seal isolates the heated portion of the wick (228) from the wicking portions (¶126). A person of ordinary skill in the art would establish these clear boundaries to prevent liquid from flowing in a way that is not intended by through the wick. This is a rationale to combine supported by (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (See MPEP 2143, I. (D)). A person of ordinary skill would obviously provide seals between wicking portions because doing so would predictably separate the electronic portions from the liquid with predictable results. A person of ordinary skill in the art would arrange the seal around whatever the geometry of the liquid absorption portions, including stepped portions, to ensure liquid is contained in the intended portion of the device.
Regarding claim 13, modified WANG teaches the vaporization core component for electronic cigarettes according to claim 1. WANG further discloses wherein the liquid absorption units are arranged in sequence on the vaporization portion. As shown at least in Fig. 2, the liquid absorption units are arranged in equidistant sequences with respect to the vaporization portion.
Regarding claim 14, modified WANG teaches the vaporization core component for electronic cigarettes according to claim 1. WANG further teaches an embodiment shown below wherein the liquid absorption units are liquid absorption plates, and the liquid absorption plates are distributed spaced away vertically on the vaporization portion. WANG teaches that this embodiment can also increase the specific surface area of electronic cigarette liquid absorption, accelerate the linear conduction of the electronic cigarette liquid, and improve the conduction efficiency (¶58).
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It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have used spaced plates as liquid absorption units. Doing so would accelerate the linear conduction of the electronic cigarette liquid, and improve the conduction efficiency (¶58).
Regarding claim 15, modified WANG discloses the vaporization core component for electronic cigarettes according to claim 1. WANG further discloses further comprising a vaporization-core sealing member (Fig. 15, silica gel seat 300, ¶76), wherein the vaporization-core sealing member is sleeved on the liquid guide body. WANG discloses the seat prevents leakage (¶76) and separates the chambers (¶77-¶79). Further, courts have held that rearrangement of parts of the prior art is unpatentable. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and MPEP 2144.04, IV., part C. Here a person of ordinary skill in the art would obviously use the sealing material to control flow of the liquid between the liquid absorption units with predictable results.
Regarding claim 16, modified WANG discloses the vaporization core component for electronic cigarettes according to claim 15. WANG does not disclose, but nonetheless teaches wherein at a position corresponding to the first end surface, a liquid port is formed on the vaporization-core sealing member to expose at least a part of the first end surface, and the part of the first end surface exposed at the liquid port is the liquid absorption region.
WANG teaches that electronic cigarette liquid is transferred from the liquid storage chamber through a liquid conduction hole 310 to the liquid absorption surface (Fig. 15, ¶78). Then in use, the liquid is conducted through the porous body to the atomization assembly to generate a liquid aerosol that is the output through R3 to the user (¶78).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a liquid port for delivering the liquid to the liquid absorption region. A person of ordinary skill in the art would obviously provide holes through the seals to direct the flow. Doing so would allow for the atomization of the liquid (¶78). Further, courts have held that rearrangement of parts of the prior art is unpatentable. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and MPEP 2144.04, IV., part C. Here a person of ordinary skill in the art would obviously provide holes through the seals to direct the flow with predictable results.
Regarding claim 17, modified WANG discloses the vaporization core component for electronic cigarettes according to claim 16. WANG further discloses wherein the liquid port is a plurality of uniformly distributed holes. As shown two symmetric ports Fig. 15, liquid conduction hole 310 with arrows R1 going through it (¶78).
Regarding claim 18, modified WANG discloses the vaporization core component for electronic cigarettes according to claim 16. WANG further discloses wherein the liquid port is a plurality of uniformly distributed guide channels. As shown two symmetric ports Fig. 15, liquid conduction hole 310 with arrows R1 going through it (¶78).
Regarding claim 19, WANG discloses an electronic cigarette atomizer, comprising a liquid storage chamber for storing electronic cigarette liquid, and an atomization assembly for absorbing and atomizing the electronic cigarette liquid (abstract). WANG discloses a housing (Fig. 15, hollow outer housing 100, ¶75), wherein a liquid storage cavity (Fig. 15, liquid storage chamber 120, ¶75), a vaporization cavity (Fig. 15, atomization chamber 320, ¶77), and an outlet pipeline (Fig. 15, axial smoke passage 110, ¶75) are arranged in the housing, an air inlet (Fig. 15, arrow R2, ¶75) and an air outlet (Fig. 15, arrow R3, ¶75) are provided on the housing, the air inlet communicates the vaporization cavity, and the air outlet communicates the vaporization cavity through the outlet pipeline. WANG discloses that the atomizer works by liquid being transferred porous body and external air is sucked into the device and out the mouthpiece (¶78). WANG further discloses a vaporization core fixing member (Fig. 15, seat 300, ¶79), wherein the vaporization core fixing member is arranged in the housing (as shown in Fig. 15), the liquid storage cavity is separated from the vaporization cavity by the vaporization core fixing member, and a mounting groove (Fig. 15, end cover 400, ¶77) is provided on the vaporization core fixing member (As shown in Fig. 15). Modified WANG further discloses the vaporization core component according to claim 1 as discussed above. WANG further discloses wherein the vaporization core component is arranged at the mounting groove, the liquid absorption region of the first end surface communicates the liquid storage cavity (¶6, ¶75, ¶77), and the second end surface communicates the vaporization cavity. When in use the liquid from the liquid chamber is directed through the liquid conduction hole to the porous body and in communication through the porous body to the atomization chamber.
Regarding claim 20, WANG discloses an electronic cigarette atomizer (abstract) and as modified by CADIEUX as explained above discloses the cartridge of claim 19. WANG further discloses a cigarette rod device (Fig. 15, an electronic cigarette atomizer comprising the atomization assembly, ¶75) wherein an electrical component (Fig. 15, electrode posts 500, ¶77) is arranged in the cigarette rod device, the electrical component is electrically connected with the heating element (¶77), and the electrical component is configured to supply power to the heating element (¶77). WANG discloses that there are electrodes connected to the heating element for supplying power to the heating element.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over WANG and CADIUEX as applied to claims 1-4, 9, and 12-20 above, and further in view of US 20240081407 A1 (hereinafter FU).
Regarding claim 6, modified WANG discloses the vaporization core component for electronic cigarettes according to claim 1. WANG does not disclose wherein the vaporization portion has a thickness dimension along the extending direction from the first end surface to the second end surface, and the thickness dimension of the vaporization portion ranges from 0.3 mm to 3 mm. WANG is silent as to the thickness of the porous body, the absorption portion, and the vaporization portions. WANG teaches that the pitch of between adjacent blind holes as shown in Figs. 3-4 is between 0.1 to 1.0 mm (¶16, ¶54). Visually, considering the hole pitch from 0.1 to 1.0 mm, the total height of the porous body would obviously be between 1 to 10 mm. A person of ordinary skill in the art would immediately recognize that the thickness dimension of the vaporization portion would reasonably be between 0.3 mm to 3 mm. Applicant places no criticality on the range claimed, indicating simply that the value “may” be within the claimed ranges (Instant application, PG Pub ¶144).
FU teaches a vaporizer with a liquid storage cavity and a porous body to absorb the liquid substrate (abstract). FU teaches the dimensions of the porous body that are used to improve the efficiency of absorbing and transmitting the liquid substrate (¶101). FU teaches on figure 8 (¶101) that the total thickness (height) of the porous body is 3.65 mm. FU teaches that the height of the first side wall 31 (equal to the vaporization portion) is equal to d7 plus d8 or 0.5 mm plus 1.5 mm for a total height of 2.0 mm. This is within the claimed range of the instant application of 0.3 mm to 3 mm.
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In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). In this case a person of ordinary skill in the art would obviously optimize the dimensions of the porous body because doing so would improve the efficiency of absorbing and transmitting the liquid substrate (FU ¶101).
Regarding claim 7, modified WANG teaches the vaporization core component for electronic cigarettes according to claim 1. WANG does not disclose wherein the liquid absorption portion has a thickness dimension along the extending direction from the first end surface to the second end surface, and the thickness dimension of the liquid absorption portion ranges from 0.5 mm to 5 mm. However, WANG if view of FU discloses the range for the same reasons discussed in the rejection of claim 6 above.
Regarding claim 8, modified WANG teaches the vaporization core component for electronic cigarettes according to claim 1. WANG does not disclose wherein the step surface surrounds the liquid absorption portion.
FU teaches a vaporizer with a liquid storage cavity and a porous body to absorb the liquid substrate (abstract). FU teaches that the structure of the porous body is blocky (as shown in Fig. 4, ¶80). FU teaches that the base portion 34 is configured to be used as a vaporization surface (¶80). A first side wall and second side wall are provided to define a liquid channel 33 to be in fluid communication with the top absorption portion and therefore in communication with the storage cavity to receive liquid substrate (¶80). FU further teaches a step surface 35 (Fig. 10, ¶106). FU teaches that the step surfaces create avoidance parts to direct the liquid flow (¶105).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified WANG to provide wherein the step surface surrounds the liquid absorption portion as taught in FU. A person of ordinary skill in the art would obviously surround the liquid absorption portion with a stepped surface. Doing so would direct liquid flow (FU ¶105).
Response to Arguments
Applicant’s arguments, filed March 27, 2026, with respect to the rejection(s) of claim(s) 1, 3-4, 15, and 19-20 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of CADIUEX.
Applicant has amended claim 1 to now recite limitations from previously recited dependent claims and has also added the recitation of:
the sealing layer is configured to fill up a gap between adjacent liquid absorption units of the liquid absorption units to prevent e-liquid from penetrating into a non- vaporization region of the second end surface
This limitation was not previously considered, but upon further search and consideration, this limitation is rendered obvious by the prior art of CADIUEX. A complete rejection is stated above and not repeated here.
Applicant’s remaining remarks rest upon the allowability of claim 1, which has been properly rejected under 35 USC 103 as explained above.
Conclusion
Applicant's amendment necessitated the new grounds 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 STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm.
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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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/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
Prosecution Insights