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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/10/2026 has been entered.
Status of the Claims
Claims 1-3 and 5-21 are currently pending and are subject to this office action. Claim 1, 6, 7, 12 is amended. Claims 13-21 are newly added. Claim 4 is canceled. This office action is in response to Applicant’s amendment filed on 06/17/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 06/16/2026 containing amendments and remarks to the claims.
In response to Applicant’s amendments filed 06/16/2026, the Examiner withdraws the 35 U.S.C. 112(b) rejection to claims 6 and 7.
Response to Arguments
Applicant’s arguments, on pages 9-13, filed 06/17/2026, with respect to the rejection of claims 1 and 12 under 35 U.S.C. 103 have been fully considered and are not persuasive. The Applicant has amended claims 1 and 12 to include a limitation of canceled claim 4 and a limitation that was not previously presented, specifically, “wherein the base assembly has a flow guide surface for an air flow from the air inlet channel into the vaporization cavity”. The Applicant argues that Liu’s second liquid guide layer performs a different function than the flow guide surface of the claimed invention. Further, the Applicant argues that Liu, Zhong, and Lei are silent with regard to an orthographic projection addressing the heating issues of the claimed invention.
The Examiner respectfully disagrees. Although Liu describes the second liquid guide layer in the context of guiding liquid, it does not preclude the same structure from also guiding airflow. Liu teaches that air enters a cavity (Fig. 7: #22) from an inlet groove (Fig. 5: #20) then enters the ultrasonic atomizer through an air groove (Fig. 7: #212) on the receiving cavity (Fig. 7: #211), takes away smoke generated by the ultrasonic atomization sheet, and is inhaled by a user through the nozzle (Fig. 1: #3, Col. 11, Lines 3-8).
A liquid guide structure, including a liquid guide body comprising first and second liquid guide layers (Fig. 14: #401 & #402), is arranged within the atomization sleeve, adjacent the ultrasonic atomization sheet inside the atomization sleeve, wherein the first liquid guide layer is sandwiched between the second liquid guide layer and the atomization surface (Col. 11, Lines 14-20). The bottom surface of the first liquid guide layer (Fig. 14: #401) comprises a through hole (Fig. 14: #411) for connecting the bottom surface of the second liquid guide layer (Fig. 14: #402) with the atomization surface of the ultrasonic atomization sheet (Col. 5, Lines 46-49), allowing smoke generated by high frequency oscillation to pass through the liquid guide body (Col. 5, Lines 50-57). One would understand that the liquid guide body including the second liquid guide layer (Fig. 14: #402) is arranged within the atomization region through which air enters and aerosol exits, part of the airflow path.
Additionally, based on the central position of the porous body (Fig. 14: #11) and the central position of the outlet, the outlet would orthographically project onto the center of the core atomization region (Fig. 4: "A") in between the first and second electrodes (Fig. 4: #141 & #142) at opposite ends of the heating element [0051] and the curved sections (Fig. 4: #123a & #125a) disposed adjacent to or at an edge of the core atomization region [0061]. The claim does not require any of the advantages for the orthographic projection described by the Applicant on pages 11-13 of the remarks/arguments. Apparatus claims cover what the claimed structure is, not what a structure does (MPEP 2114(II)). Further, claims are given their broadest reasonable interpretation during examination and limitations from the specification cannot be imported into the claims (MPEP 2111(II)).
The following are modified rejections based on Applicant’s amendments to the claims.
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:
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, 2, 3, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 11528935 B2), and further in view of Zhong (US 20200060336 A1) and Lei (WO 2020248230 A1, hereinafter citations referring to English language equivalent US 20220110370 A1).
PNG
media_image1.png
592
350
media_image1.png
Greyscale
PNG
media_image2.png
257
236
media_image2.png
Greyscale
PNG
media_image3.png
581
340
media_image3.png
Greyscale
With regard to Claim 1, Liu, directed to an atomizer, teaches (i) an atomizer comprising an atomization seat (Fig. 16: #12), relating to the base assembly of the claimed invention. An air inlet channel (Fig. 16: #16) is provided on an inner side of a support (Col. 12, Lines 13-20) that receives air from the outside through an air groove (Fig. 7: #212, Col. 7, Lines 17-21). (ii) An atomization sleeve (Fig. 16: #5) forms a receiving cavity (Fig. 7: #211) and is configured to communicate with the air inlet channel (Fig. 16: #16). (iii) The atomization sleeve (Fig. 16: #5) comprises an ultrasonic atomization sheet (Fig. 16: #1) configured to generate smoke from a liquid substrate (Col. 5, Lines 19-25). The ultrasonic atomization sheet (Fig. 16: #1) defines a bottom part of the cavity (Fig. 7: #211).
(iv) Liu further teaches wherein the bottom surface of a first liquid guide layer (Fig. 14: #401) comprises a through hole (Fig. 14: #411) for connecting the bottom surface of a second liquid guide layer (Fig. 14: #402) with the atomization surface of the ultrasonic atomization sheet (Col. 5, Lines 46-49), allowing smoke generated by high frequency oscillation to pass through the liquid guide body (Col. 5, Lines 50-57). One of ordinary skill in the art would understand that the exposed surface of second liquid guide layer (Fig. 14: #402) directs at least a portion of the airflow traveling from the air inlet toward the atomization region. (v) The second liquid guide layer (Fig. 14: #402) that is spaced from the ultrasonic atomizing sheet (Fig. 16: #1) and the second liquid guide layer (Fig. 14: #402) defines a part of the boundary of the cavity of the device. (vi) The second liquid guide layer (Fig. 14: #402) is parallel to the ultrasonic atomizing sheet (Fig. 16: #1). (vii) Liu further teaches an elastic electrode (Fig. 7: #40), meeting the claim limitation of a first electrode body. Liu teaches all the limitations of the claims as set forth above, however Liu is silent to:
The base assembly provided with an air inlet channel in communication with the outside
The vaporization core configured to communicate with the air inlet channel of the base assembly
The vaporization core comprising a heating body configured to vaporize a vaporization medium
Wherein a tangent of the air inlet channel at a connection point in communication with the vaporization cavity and a tangent of the vaporization surface form an acute angle
Wherein an orthographic projection of the air inlet channel on the vaporization surface is located between a curved section of the heating body and the first electrode body and second electrode body of the vaporization core.
PNG
media_image4.png
534
326
media_image4.png
Greyscale
PNG
media_image5.png
602
286
media_image5.png
Greyscale
In regards to i., ii., and iv., Zhong, directed to an electronic cigarette, teaches (i) a silica gel seat (Fig. 1: #13/Fig. 6: #38) comprising air inlets (Fig. 6: #40) that receives air from the outside, as shown by the arrows in Figure 1. (ii) The air inlets (Fig. 6: #40) of the silica gel seat (Fig. 1: #13) communicate with the ultrasonic atomization sheet (Fig. 1: #16, [0065]). One of ordinary skill in the art would understand that the vaporization core can represent the area or components where vaporization occurs, therefore the ultrasonic atomization sheet is part of the vaporization core. (iv) The air inlet (Fig. 6: #40) is within a cavity formed by a housing (Fig. 1: #18) and an ultrasonic atomization sheet (Fig. 1: #16) at an acute angle to stop excess tobacco tar from being produced and to increase the amount of smoke produced [0029].
Therefore, before the effective filing date of the claim invention, one of ordinary skill in the art would find it obvious to modify the air inlet channel and vaporization surface of Liu to wherein a tangent of the air inlet channel at a connection point in communication with the vaporization cavity and a tangent of the vaporization surface form an acute angle because both Liu and Zhong are both directed to increasing smoke output in aerosol delivery devices. Zhong teaches an air inlet slot and ultrasonic atomization sheet at an acute angle relative to each other to stop excess tobacco tar from being produced and to increase the amount of smoke produced [0029] and this merely involves applying a known angular relationship to components of a known aerosol delivery device ready for improvement to yield predictable results.
PNG
media_image6.png
282
297
media_image6.png
Greyscale
PNG
media_image7.png
250
398
media_image7.png
Greyscale
PNG
media_image8.png
615
310
media_image8.png
Greyscale
PNG
media_image9.png
528
252
media_image9.png
Greyscale
In regards to iii. and v., Lei, directed to an electronic atomization device, teaches (iii) a porous body (Fig. 3: #11) comprising a heating element (Fig. 3: #12a) that may be formed integrally [0053] to help guide liquid and generate aerosol to reduce the risk of leakage [0004]. (v) One of ordinary skill in the art would understand that, based on the central position of the porous body (Fig. 14: #11) and the central position of the outlet (Fig. 13: “O”), the outlet (Fig. 13: "O") would orthographically project onto the center of the core atomization region (Fig. 4: "A"). The first and second electrodes (Fig. 4: #141 & #142) are provided at opposite ends of the heating element [0051], while the curved sections (Fig. 4: #123a & #125a) are disposed adjacent to or at an edge of the core atomization region [0061], improving efficiency of the smoke delivered to the user [0052].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporizer of modified Liu to wherein the vaporization core comprises a heating body configured to vaporize a vaporization medium and wherein an orthographic projection of the air inlet channel on the vaporization surface is located between the curved section and the first and second electrode bodies because both Liu and Lei are directed to lowering the risk of liquid leakage in aerosol generating devices. Lei teaches a porous body integral with a heating element and a specific orthographic projection of the vaporization surface to reduce the risk of leakage [0004] and improve efficiency of the smoke delivered to a user [0052] and this merely involves applying a known control technique to an aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 2, modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein a central axis of the air inlet channel is parallel to or coincident with a central axis of the vaporizer
Wherein the vaporization surface is planar and at an acute angle to the central axis of the vaporizer
PNG
media_image4.png
534
326
media_image4.png
Greyscale
PNG
media_image5.png
602
286
media_image5.png
Greyscale
Zhong teaches wherein (i) the air inlet (Fig. 6: #40) is aligned with a central axis of the device. (ii) The ultrasonic atomizing sheet (Fig. 1: #15) lies planar and is at an acute angle relative to the central axis of the device to stop excess tobacco tar from being produced and to increase the amount of smoke produced [0029].
Therefore, before the effective filing date of the claim invention, one of ordinary skill in the art would find it obvious to modify the air inlet channel and vaporization surface of Liu to wherein a central axis of the air inlet channel is parallel to or coincident with a central axis of the vaporizer and wherein the vaporization surface is planar and at an acute angle to the central axis of the vaporizer because both Liu and Zhong are both directed to increasing smoke output in aerosol delivery devices. Zhong teaches an air inlet slot and ultrasonic atomization sheet at an acute angle relative to each other to stop excess tobacco tar from being produced and to increase the amount of smoke produced [0029] and this merely involves applying a known angular relationship to components of a known aerosol delivery device ready for improvement to yield predictable results.
With regard to Claim 3, Liu teaches wherein the ultrasonic atomization sheet forms an acute angle relative to the central axis of the device ranging from 15° to 55° (Col. 8, Lines 49-52), overlapping with the range of the claimed invention and thus being considered prima facie obvious.
PNG
media_image10.png
592
350
media_image10.png
Greyscale
With regard to Claim 5, Liu teaches wherein the direction of the air inlet channel (Fig. 5: #16) in connection with an air groove (Fig. 7: #212) of the cavity (Fig. 7: #211) is parallel to a vertical direction of the air inlet channel (Fig. 7: #16).
With regard to Claim 6, Liu teaches (i) wherein the first liquid guide layer is made of porous material (Col. 5, Lines 40-43), meeting the claim limitation of a substrate (ii) and comprises the elastic electrode (Fig. 7: #40). (iii) The cavity (Fig. 7: #211) comprises an opening at the top of the structure to allow smoke to enter a user's mouth through a nozzle (Fig. 7: #3, (Col. 7, Lines 20-22). Modified Liu the second electrode body and all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein the vaporization surface is located on the substrate
Wherein the heating body, the first electrode body, and the second electrode body are all disposed on the vaporization surface
Wherein both the first electrode body and the second electrode body are electrically connected to the heating body and disposed at an end of the vaporization surface adjacent to the air inlet channel and opposite to the outlet
PNG
media_image6.png
282
297
media_image6.png
Greyscale
PNG
media_image7.png
250
398
media_image7.png
Greyscale
PNG
media_image8.png
615
310
media_image8.png
Greyscale
PNG
media_image9.png
528
252
media_image9.png
Greyscale
Lei, directed to an electronic atomization device, teaches (i) a porous body (Fig. 3: #11) comprising a surface (Fig. 3: #1111) located on the porous body (Fig. 3: #11). (ii) A heating element (Fig. 3: #12a) is located on the surface (Fig. 3: #1111). First and second electrodes (Fig. 4: #141 & #142) provided at opposite ends of and electrically connected to the heating element [0051], wherein the first and second electrodes are arranged on the atomization surface [0052-0053]. (iii) Both the first and second electrodes (Fig. 4: #141 & #142) are electrically connected to the heating element [0053] and disposed on an end of the surface (Fig. 3: #1111). Lei further teaches arranging the first and second electrodes (Fig. 4: #141 & #142) relative to an air intake to reduce obstruction of airflow and improve smoke flow efficiency [0052]. One of ordinary skill in the art would understand that when Lei’s heating arrangement is incorporated into modified Liu, the electrode bodies would be disposed at the inlet side end of the vaporization surface, adjacent to Liu’s air inlet channel and on a portion of the vaporization surface opposite the airflow path leading to the Liu’s air outlet tube. One of ordinary skill in the art would have been motivated to modify the vaporization surface of Liu with the configuration of Lei to produce faster atomization and limit liquid leakage in the device [0047].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporization core of modified Liu to comprise wherein the vaporization surface is located on the substrate; wherein the heating body, the first electrode body, and the second electrode body are all disposed on the vaporization surface; and wherein both the first electrode body and the second electrode body are electrically connected to the heating body and disposed at an end of the vaporization surface adjacent to the air inlet channel and opposite to the outlet because both Liu and Lei are directed to reducing liquid leakage and improving the user inhalation experience. Lei teaches a porous body with a heating element comprising first and second electrode bodies to produce faster atomization and limit liquid leakage [0047] and this merely involves applying known characteristics of a known vaporization core to another ready for improvement to yield predictable results.
With regard to Claim 7, modified Liu teaches the curved section and teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Two straight sections disposed in parallel
Wherein the curved section is connected to an end of the straight section close to the outlet
Wherein the first electrode body and the second electrode body are respectively connected to two ends of the two straight sections adjacent to the air inlet channel and opposite to the outlet
PNG
media_image7.png
250
398
media_image7.png
Greyscale
PNG
media_image8.png
615
310
media_image8.png
Greyscale
PNG
media_image9.png
528
252
media_image9.png
Greyscale
Lei teaches (i) wherein the porous body comprises a first curved section (Fig. 4: #123a) and two straight sections in parallel (Fig. 4: #121a & #122a, [0060]). (ii) The first curved section (Fig. 4: #123a) is connected to an end of the of the first straight section (Fig. 4: #121a). (i) The first and second electrodes (Fig. 4: #141 & #142) are connected to two ends of the two straight sections (Fig. 4: #121a & #122a [0051, 0060]. Lei further teaches arranging the first and second electrodes (Fig. 4: #141 & #142) relative to an air intake to reduce obstruction of airflow and improve smoke flow efficiency [0052]. One of ordinary skill in the art would understand that when Lei’s heating arrangement is incorporated into modified Liu, the electrode bodies would be disposed at the inlet side end of the vaporization surface, adjacent to Liu’s air inlet channel and on a portion of the vaporization surface opposite the airflow path leading to the Liu’s air outlet tube.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heating body of modified Liu to comprise a curved section and two straight section disposed in parallel; wherein the curved section is connected to an end of the straight section close to the outlet; wherein the first electrode body and the second electrode body are respectively connected to two ends of the two straight sections adjacent to the air inlet channel and opposite to the outlet because both Liu and Lei are directed to reducing liquid leakage and improving the user inhalation experience. Lei teaches a porous body with curved and straight sections connected to first and second electrodes to reduce obstruction of airflow and improve smoke flow efficiency [0052] and this merely involves applying known characteristics of a known heating body to a known aerosol delivery device, ready for improvement to yield predictable results.
PNG
media_image3.png
581
340
media_image3.png
Greyscale
With regard to Claim 8, Liu teaches wherein a part of the atomization seat (Fig. 16: #12) abuts against the two edges of the ultrasonic atomizing sheet (Fig. 16: #1).
PNG
media_image11.png
425
350
media_image11.png
Greyscale
PNG
media_image3.png
581
340
media_image3.png
Greyscale
PNG
media_image10.png
592
350
media_image10.png
Greyscale
With regard to Claim 9, Liu teaches (i) an atomizer housing (Fig. 2: "I"), wherein both the atomization sleeve (Fig. 16: 5) and the atomization seat (Fig. 16: #12) are connected to the housing. (ii) The housing (Fig. 2: "I") is connected to a suction nozzle (Fig. 2: #3) and is configured to communicate with the cavity (Fig. 7: #211, (Col. 3, Lines 3-8). Modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
A flow direction of gas in the inhalation channel is at an acute angle to a flow direction of gas in the vaporization cavity
PNG
media_image12.png
314
312
media_image12.png
Greyscale
Zhong teaches a suction nozzle (Fig. 6: #11), relating to the inhalation channel of the claimed invention, that is at an acute angle to a flow direction of smoke in the air outlet (Fig. 6: #39) to increase smoke production in the device [0029].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the flow direction of modified Liu to wherein a flow direction of gas in the inhalation channel is at an acute angle to a flow direction of gas in the vaporization cavity because both Liu and Zhong are both directed to increasing smoke output in aerosol delivery devices. Zhong teaches a suction nozzle at an acute angle relative to an air tube to increase smoke production in the device [0029] and this merely involves applying a known angular difference in a known smoke passage ready for improvement to yield predictable results.
PNG
media_image13.png
342
193
media_image13.png
Greyscale
PNG
media_image2.png
257
236
media_image2.png
Greyscale
PNG
media_image3.png
581
340
media_image3.png
Greyscale
With regard to Claim 12, Liu, directed to an atomizer, teaches (i) an electronic cigarette comprising a battery cell (Fig. 7: #47, Col. 12, Lines 55-56). (ii) An atomizer (Fig. 14: “I”) of the electronic cigarette comprises an atomization seat (Fig. 16: #12), relating to the base assembly of the claimed invention. An air inlet channel (Fig. 16: #16) is provided on an inner side of a support (Col. 12, Lines 13-20) that receives air from the outside through an air groove (Fig. 7: #212, Col. 7, Lines 17-21). (iii) An atomization sleeve (Fig. 16: #5) forms a receiving cavity (Fig. 7: #211) and is configured to communicate with the air inlet channel (Fig. 16: #16). (iv) The atomization sleeve (Fig. 16: #5) comprises an ultrasonic atomization sheet (Fig. 16: #1) configured to generate smoke from a liquid substrate (Col. 5, Lines 19-25). The ultrasonic atomization sheet (Fig. 16: #1) defines a bottom part of the cavity (Fig. 7: #211).
(v) Liu further teaches wherein the bottom surface of a first liquid guide layer (Fig. 14: #401) comprises a through hole (Fig. 14: #411) for connecting the bottom surface of a second liquid guide layer (Fig. 14: #402) with the atomization surface of the ultrasonic atomization sheet (Col. 5, Lines 46-49), allowing smoke generated by high frequency oscillation to pass through the liquid guide body (Col. 5, Lines 50-57). One of ordinary skill in the art would understand that the exposed surface of second liquid guide layer (Fig. 14: #402) directs at least a portion of the airflow traveling from the air inlet toward the atomization region. (v) The second liquid guide layer (Fig. 14: #402) that is spaced from the ultrasonic atomizing sheet (Fig. 16: #1) and the second liquid guide layer (Fig. 14: #402) defines a part of the boundary of the cavity of the device. (vi) The second liquid guide layer (Fig. 14: #402) is parallel to the ultrasonic atomizing sheet (Fig. 16: #1). (vii) Liu further teaches an elastic electrode (Fig. 7: #40), meeting the claim limitation of a first electrode body. (viii) The cell (Fig. 7: #47) is arranged within the housing (Fig. 7: #47, Col. 12, Lines 55-56). One of ordinary skill in the art would understand the cell to serve as the power supply, as the ultrasonic atomization sheet is electrically operated. Liu teaches all the limitations of the claims as set forth above, however Liu is silent to:
The base assembly provided with an air inlet channel in communication with the outside
The vaporization core configured to communicate with the air inlet channel of the base assembly
The vaporization core comprising a heating body configured to vaporize a vaporization medium
Wherein a tangent of the air inlet channel at a connection point in communication with the vaporization cavity and a tangent of the vaporization surface form an acute angle
Wherein an orthographic projection of the air inlet channel on the vaporization surface is located between a curved section of the heating body and the first electrode body and second electrode body of the vaporization core
PNG
media_image4.png
534
326
media_image4.png
Greyscale
PNG
media_image5.png
602
286
media_image5.png
Greyscale
In regards to i., ii., and iv., Zhong, directed to an electronic cigarette, teaches (i) a silica gel seat (Fig. 1: #13/Fig. 6: #38) comprising air inlets (Fig. 6: #40) that receives air from the outside, as shown by the arrows in Figure 1. (ii) The air inlets (Fig. 6: #40) of the silica gel seat (Fig. 1: #13) communicate with the ultrasonic atomization sheet (Fig. 1: #16, [0065]). One of ordinary skill in the art would understand that the vaporization core can represent the area or components where vaporization occurs, therefore the ultrasonic atomization sheet is part of the vaporization core. (iv) The air inlet (Fig. 6: #40) is within a cavity formed by a housing (Fig. 1: #18) and an ultrasonic atomization sheet (Fig. 1: #16) at an acute angle to stop excess tobacco tar from being produced and to increase the amount of smoke produced [0029].
Therefore, before the effective filing date of the claim invention, one of ordinary skill in the art would find it obvious to modify the air inlet channel and vaporization surface of Liu to wherein a tangent of the air inlet channel at a connection point in communication with the vaporization cavity and a tangent of the vaporization surface form an acute angle because both Liu and Zhong are both directed to increasing smoke output in aerosol delivery devices. Zhong teaches an air inlet slot and ultrasonic atomization sheet at an acute angle relative to each other to stop excess tobacco tar from being produced and to increase the amount of smoke produced [0029] and this merely involves applying a known angular relationship to components of a known aerosol delivery device ready for improvement to yield predictable results.
PNG
media_image6.png
282
297
media_image6.png
Greyscale
PNG
media_image7.png
250
398
media_image7.png
Greyscale
PNG
media_image8.png
615
310
media_image8.png
Greyscale
PNG
media_image9.png
528
252
media_image9.png
Greyscale
In regards to iii. and v., Lei, directed to an electronic atomization device, teaches (iii) a porous body (Fig. 3: #11) comprising a heating element (Fig. 3: #12a) that may be formed integrally [0053] to help guide liquid and generate aerosol to reduce the risk of leakage [0004]. (v) One of ordinary skill in the art would understand that, based on the central position of the porous body (Fig. 14: #11) and the central position of the outlet (Fig. 13: “O”), the outlet (Fig. 13: "O") would orthographically project onto the center of the core atomization region (Fig. 4: "A"). The first and second electrodes (Fig. 4: #141 & #142) are provided at opposite ends of the heating element [0051], while the curved sections (Fig. 4: #123a & #125a) are disposed adjacent to or at an edge of the core atomization region [0061], improving efficiency of the smoke delivered to the user [0052].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporizer of modified Liu to wherein the vaporization core comprises a heating body configured to vaporize a vaporization medium and wherein an orthographic projection of the air inlet channel on the vaporization surface is located between the curved section and the first and second electrode bodies because both Liu and Lei are directed to lowering the risk of liquid leakage in aerosol generating devices. Lei teaches a porous body integral with a heating element and a specific orthographic projection of the vaporization surface to reduce the risk of leakage [0004] and improve efficiency of the smoke delivered to a user [0052] and this merely involves applying a known control technique to an aerosol generating device ready for improvement to yield predictable results.
PNG
media_image3.png
581
340
media_image3.png
Greyscale
With regard to Claim 13, Liu teaches wherein a part of the atomization seat (Fig. 16: #12) abuts against the two edges of the ultrasonic atomizing sheet (Fig. 16: #1). Modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein a central axis of the air inlet channel is parallel to or coincident with a central axis of the vaporizer
Wherein the vaporization surface is planar and at an acute angle to the central axis of the vaporizer
PNG
media_image4.png
534
326
media_image4.png
Greyscale
PNG
media_image5.png
602
286
media_image5.png
Greyscale
Zhong teaches wherein (i) the air inlet (Fig. 6: #40) is aligned with a central axis of the device. (ii) The ultrasonic atomizing sheet (Fig. 1: #15) lies planar and is at an acute angle relative to the central axis of the device to stop excess tobacco tar from being produced and to increase the amount of smoke produced [0029].
Therefore, before the effective filing date of the claim invention, one of ordinary skill in the art would find it obvious to modify the air inlet channel and vaporization surface of Liu to wherein a central axis of the air inlet channel is parallel to or coincident with a central axis of the vaporizer and wherein the vaporization surface is planar and at an acute angle to the central axis of the vaporizer because both Liu and Zhong are both directed to increasing smoke output in aerosol delivery devices. Zhong teaches an air inlet slot and ultrasonic atomization sheet at an acute angle relative to each other to stop excess tobacco tar from being produced and to increase the amount of smoke produced [0029] and this merely involves applying a known angular relationship to components of a known aerosol delivery device ready for improvement to yield predictable results.
With regard to Claim 14, Liu teaches wherein the ultrasonic atomization sheet forms an acute angle relative to the central axis of the device ranging from 15° to 55° (Col. 8, Lines 49-52), overlapping with the range of the claimed invention and thus being considered prima facie obvious.
PNG
media_image10.png
592
350
media_image10.png
Greyscale
With regard to Claim 15, Liu teaches wherein the direction of the air inlet channel (Fig. 5: #16) in connection with an air groove (Fig. 7: #212) of the cavity (Fig. 7: #211) is parallel to a vertical direction of the air inlet channel (Fig. 7: #16).
With regard to Claim 16, Liu teaches (i) Liu teaches (i) wherein the first liquid guide layer is made of porous material (Col. 5, Lines 40-43), meeting the claim limitation of a substrate (ii) and comprises the elastic electrode (Fig. 7: #40). (iii) The cavity (Fig. 7: #211) comprises an opening at the top of the structure to allow smoke to enter a user's mouth through a nozzle (Fig. 7: #3, (Col. 7, Lines 20-22). Modified Liu the second electrode body and all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein the vaporization surface is located on the substrate
Wherein the heating body, the first electrode body, and the second electrode body are all disposed on the vaporization surface
Wherein both the first electrode body and the second electrode body are electrically connected to the heating body and disposed at an end of the vaporization surface
PNG
media_image6.png
282
297
media_image6.png
Greyscale
PNG
media_image7.png
250
398
media_image7.png
Greyscale
PNG
media_image8.png
615
310
media_image8.png
Greyscale
PNG
media_image9.png
528
252
media_image9.png
Greyscale
Lei, directed to an electronic atomization device, teaches (i) a porous body (Fig. 3: #11) comprising a surface (Fig. 3: #1111) located on the porous body (Fig. 3: #11). (ii) A heating element (Fig. 3: #12a) is located on the surface (Fig. 3: #1111). First and second electrodes (Fig. 4: #141 & #142) provided at opposite ends of and electrically connected to the heating element [0051], wherein the first and second electrodes are arranged on the atomization surface [0052-0053]. (iii) Both the first and second electrodes (Fig. 4: #141 & #142) are electrically connected to the heating element [0053] and disposed on an end of the surface (Fig. 3: #1111). One of ordinary skill in the art would have been motivated to modify the vaporization surface of Liu with the configuration of Lei to produce faster atomization and limit liquid leakage in the device [0047].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporization core of modified Liu to comprise wherein the vaporization surface is located on the substrate; wherein the heating body, the first electrode body, and the second electrode body are all disposed on the vaporization surface; and wherein both the first electrode body and the second electrode body are electrically connected to the heating body and disposed at an end of the vaporization surface because both Liu and Lei are directed to reducing liquid leakage and improving the user inhalation experience. Lei teaches a porous body with a heating element comprising first and second electrode bodies to produce faster atomization and limit liquid leakage [0047] and this merely involves applying known characteristics of a known vaporization core to another ready for improvement to yield predictable results.
With regard to Claim 17, modified Liu teaches the curved section and teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Two straight sections disposed in parallel
Wherein the curved section is connected to an end of the straight section close to the outlet
Wherein the first electrode body and the second electrode body are respectively connected to two ends of the two straight sections adjacent to the air inlet channel and opposite to the outlet
PNG
media_image7.png
250
398
media_image7.png
Greyscale
PNG
media_image8.png
615
310
media_image8.png
Greyscale
PNG
media_image9.png
528
252
media_image9.png
Greyscale
Lei teaches (i) wherein the porous body comprises a first curved section (Fig. 4: #123a) and two straight sections in parallel (Fig. 4: #121a & #122a, [0060]). (ii) The first curved section (Fig. 4: #123a) is connected to an end of the of the first straight section (Fig. 4: #121a). (i) The first and second electrodes (Fig. 4: #141 & #142) are connected to two ends of the two straight sections (Fig. 4: #121a & #122a [0051, 0060]. Lei further teaches arranging the first and second electrodes (Fig. 4: #141 & #142) relative to an air intake to reduce obstruction of airflow and improve smoke flow efficiency [0052]. One of ordinary skill in the art would understand that when Lei’s heating arrangement is incorporated into modified Liu, the electrode bodies would be disposed at the inlet side end of the vaporization surface, adjacent to Liu’s air inlet channel and on a portion of the vaporization surface opposite the airflow path leading to the Liu’s air outlet tube.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heating body of modified Liu to comprise a curved section and two straight section disposed in parallel; wherein the curved section is connected to an end of the straight section close to the outlet; wherein the first electrode body and the second electrode body are respectively connected to two ends of the two straight sections adjacent to the air inlet channel and opposite to the outlet because both Liu and Lei are directed to reducing liquid leakage and improving the user inhalation experience. Lei teaches a porous body with curved and straight sections connected to first and second electrodes to reduce obstruction of airflow and improve smoke flow efficiency [0052] and this merely involves applying known characteristics of a known heating body to a known aerosol delivery device, ready for improvement to yield predictable results.
PNG
media_image11.png
425
350
media_image11.png
Greyscale
PNG
media_image3.png
581
340
media_image3.png
Greyscale
PNG
media_image10.png
592
350
media_image10.png
Greyscale
With regard to Claim 18, Liu teaches (i) an atomizer housing (Fig. 2: "I"), wherein both the atomization sleeve (Fig. 16: 5) and the atomization seat (Fig. 16: #12) are connected to the housing. (ii) The housing (Fig. 2: "I") is connected to a suction nozzle (Fig. 2: #3) and is configured to communicate with the cavity (Fig. 7: #211, (Col. 3, Lines 3-8). Modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
A flow direction of gas in the inhalation channel is at an acute angle to a flow direction of gas in the vaporization cavity
PNG
media_image12.png
314
312
media_image12.png
Greyscale
Zhong teaches a suction nozzle (Fig. 6: #11), relating to the inhalation channel of the claimed invention, that is at an acute angle to a flow direction of smoke in the air outlet (Fig. 6: #39) to increase smoke production in the device [0029].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the flow direction of modified Liu to wherein a flow direction of gas in the inhalation channel is at an acute angle to a flow direction of gas in the vaporization cavity because both Liu and Zhong are both directed to increasing smoke output in aerosol delivery devices. Zhong teaches a suction nozzle at an acute angle relative to an air tube to increase smoke production in the device [0029] and this merely involves applying a known angular difference in a known smoke passage ready for improvement to yield predictable results.
Claims 10, 11, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 11528935 B2), Zhong (US 20200060336 A1), and Lei (WO 2020248230 A1), as applied to claims 1, 9, 12, and 18 above, and further in view of (CN 20844610 U, hereinafter referred to as ‘610 and citations referring to English Machine Translation)
PNG
media_image14.png
581
340
media_image14.png
Greyscale
With regard to Claim 10, Liu teaches a first suction section (Fig. 16: "S1") and a second suction section (Fig. 16: "S2") that are in communication with each other. (ii) The length of the second suction section (Fig. 16: "S2") is greater than three times the length of the first suction section (Fig. 16: "S1"). (iii) The first suction section (Fig. 16: "S1") is in communication with outside and a central axis of the first suction section coincides with a central axis of the atomizer. (iv) The second suction section (Fig. 16: "S2") is in communication with the receiving cavity (Col. 11, Lines 3-8). Modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
A central axis of the second suction section is spaced apart from the central axis of the vaporizer
PNG
media_image15.png
498
273
media_image15.png
Greyscale
'610, directed to an atomizer and electronic cigarette, teaches a smoke outlet channel (Fig. 3: #231). The central axis of the smoke outlet channel (Fig. 3: #231) is spaced apart from the central axis of the atomizer to help prevent insufficiently atomized liquid from being directly inhaled into a user's mouth [0040].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the second suction section of modified Liu to wherein a central axis of the second suction section is spaced apart from the central axis of the vaporizer because both Liu and '610 are directed to providing efficient smoke delivery to a user. '610 teaches a smoke outlet channel with a central axis spaced apart from the central axis of the vaporizer to help prevent insufficiently atomized liquid from being directly inhaled into a user's mouth [0040] and this merely involves applying a known structural configuration to a known channel of an aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 11, modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein the central axis of the second section has a curved portion and a vertical portion that are connected to each other
Wherein the vertical portion is parallel to the central axis of the vaporizer
Wherein the curved portion is disposed at an angle to the central axis of the vaporizer
PNG
media_image16.png
498
273
media_image16.png
Greyscale
'610 teaches (i) wherein the central axis of the smoke outlet channel (Fig. 3: #231) comprises a curved portion (Fig. 3: "C") and a vertical portion (Fig. 3: "V") that are connected to each other, as shown by the arrows in Figure 3. (ii) The vertical portion (Fig. 3: "V") is parallel to the central axis of the vaporizer. (iii) The curved portion is disposed at an angle relative to the central axis of the vaporizer to help prevent insufficiently atomized liquid from being directly inhaled into a user's mouth [0040].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the second suction section of modified Liu to wherein the central axis of the second section has a curved portion and a vertical portion that are connected to each other, the vertical portion is parallel to the central axis of the vaporizer, and the curved portion is disposed at an angle to the central axis of the vaporizer because both Liu and '610 are directed to providing efficient smoke delivery to a user. '610 teaches a smoke outlet channel with a central axis spaced apart from the central axis of the vaporizer to help prevent insufficiently atomized liquid from being directly inhaled into a user's mouth [0040] and this merely involves applying a known structural configuration to a known channel of an aerosol generating device ready for improvement to yield predictable results.
PNG
media_image14.png
581
340
media_image14.png
Greyscale
With regard to Claim 19, Liu teaches a first suction section (Fig. 16: "S1") and a second suction section (Fig. 16: "S2") that are in communication with each other. (ii) The length of the second suction section (Fig. 16: "S2") is greater than three times the length of the first suction section (Fig. 16: "S1"). (iii) The first suction section (Fig. 16: "S1") is in communication with outside and a central axis of the first suction section coincides with a central axis of the atomizer. (iv) The second suction section (Fig. 16: "S2") is in communication with the receiving cavity (Col. 11, Lines 3-8). Modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
A central axis of the second suction section is spaced apart from the central axis of the vaporizer
PNG
media_image15.png
498
273
media_image15.png
Greyscale
'610, directed to an atomizer and electronic cigarette, teaches a smoke outlet channel (Fig. 3: #231). The central axis of the smoke outlet channel (Fig. 3: #231) is spaced apart from the central axis of the atomizer to help prevent insufficiently atomized liquid from being directly inhaled into a user's mouth [0040].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the second suction section of modified Liu to wherein a central axis of the second suction section is spaced apart from the central axis of the vaporizer because both Liu and '610 are directed to providing efficient smoke delivery to a user. '610 teaches a smoke outlet channel with a central axis spaced apart from the central axis of the vaporizer to help prevent insufficiently atomized liquid from being directly inhaled into a user's mouth [0040] and this merely involves applying a known structural configuration to a known channel of an aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 20, modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein the central axis of the second section has a curved portion and a vertical portion that are connected to each other
Wherein the vertical portion is parallel to the central axis of the vaporizer
Wherein the curved portion is disposed at an angle to the central axis of the vaporizer
PNG
media_image16.png
498
273
media_image16.png
Greyscale
'610 teaches (i) wherein the central axis of the smoke outlet channel (Fig. 3: #231) comprises a curved portion (Fig. 3: "C") and a vertical portion (Fig. 3: "V") that are connected to each other, as shown by the arrows in Figure 3. (ii) The vertical portion (Fig. 3: "V") is parallel to the central axis of the vaporizer. (iii) The curved portion is disposed at an angle relative to the central axis of the vaporizer to help prevent insufficiently atomized liquid from being directly inhaled into a user's mouth [0040].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the second suction section of modified Liu to wherein the central axis of the second section has a curved portion and a vertical portion that are connected to each other, the vertical portion is parallel to the central axis of the vaporizer, and the curved portion is disposed at an angle to the central axis of the vaporizer because both Liu and '610 are directed to providing efficient smoke delivery to a user. '610 teaches a smoke outlet channel with a central axis spaced apart from the central axis of the vaporizer to help prevent insufficiently atomized liquid from being directly inhaled into a user's mouth [0040] and this merely involves applying a known structural configuration to a known channel of an aerosol generating device ready for improvement to yield predictable results.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 11528935 B2), Zhong (US 20200060336 A1), and Lei (WO 2020248230 A1), as applied to claim 1 above, and further in view of Hon (US 20140318560 A1).
With regard to Claim 21, modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
Wherein the volume of the vaporization cavity is less than 45 mm3
Hon, directed to an electronic cigarette, teaches one or more vaporization cavities, wherein the maximum diameter of the cavities range from 0.02 to 0.6 mm [0030]. Hon further teaches that the vaporization nozzle, comprising the one or more vaporization cavities [0030], has an effective working length of 3 mm to 20 mm [0022]. One of ordinary skill would know that based on the standard equation for a volume of a cylinder, the disclosed dimensions correspond to a volume in the range of 0.00094 mm3 to 5.65 mm, meeting the range of the claimed invention and is therefore considered prima facie obvious. One of ordinary skill in the art would have been motivated to apply the volume of Hon to modified Liu to achieve a desirable atomization affect [0030].
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the vaporization cavity of modified Hon to wherein the volume of the vaporization cavity is less than 45 mm3 because both Liu and Hon are directed to improving atomizing in aerosol generating devices. Hon teaches a vaporization cavity with a maximum diameter in a range from 0.02 to 0.6 mm and a length of 3 mm to 20 mm to achieve a desirable atomization affect [0030] and this merely involves applying known measurements to a known vaporization cavity, ready for improvement to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at 571-270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
