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 .
Status of the Claims
Claims 1-12 are currently pending and are subject to this office action. Claims 1, 6, and 12 are amended. This office action is in response to Applicant’s amendment filed on 02/26/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 02/26/2026 containing amendments and remarks to the claims.
In response to Applicant’s amendments filed 02/26/2026, the Examiner withdraws the 112(b) rejection claims 6 and 7 for using the relative term “close”.
Response to Arguments
Applicant’s arguments, on pages 6-8, filed 02/26/2026, with respect to the rejection of claims 6 and 7 under 35 U.S.C. 112(b) have been fully considered and are not persuasive. The Applicant argues that the vaporization surface and straight section would inherently have two ends, showing that a skilled person in the art would understand the use of the term “far” from the figures and context of the claim.
The Examiner respectfully disagrees. For relative terminology, if the specification does not provide a standard for measuring the degree, a determination must be made as to whether one of ordinary skill in the art could nevertheless ascertain the scope of the claim (MPEP 2173.05(b)). The Applicant equates the phrase like “far from the outlet” in claims 6 and 7 with a structural endpoint that is not mentioned in the claim. The claims recite the relative term without a clear boundary or standard for determining the scope of that term. The claim does not specify which “end” is being referenced or define a standard for how “far” is being measured. For example, depending on the position of the outlet along the vaporization surface, as mentioned in claim 6, or along the straight sections, as mentioned in claim 7, both ends of the vaporization surface or straight sections could reasonably be considered as “far from the outlet”. Therefore, the 35 U.S.C. 112(b) rejection for claims 6 and 7 are maintained.
Applicant’s arguments, on pages 8-12, filed 02/26/2026, 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 claim 1 and 12 to include a limitation of previously presented claim 6, specifically, “the vaporization core comprising a heating body configured to vaporize a vaporization medium”. The Applicant argues that the piezoelectric ceramic of Zhong is used to avoid disadvantages associated with using a heating element. Further, that there is no motivation to combine Lei's heating body into Liu and Zhong to meet the claimed invention.
The Examiner respectfully disagrees. Zhong does not teach away from the claimed modification. As cited by the Applicant, [0002] of Zhong acknowledges disadvantages associated with some conventional heating wire atomizers. However, Zhong's discussion of heating elements does not discourage the use of all heating-based vaporization elements. Instead, Zhong, identifies problems in specific configurations where heating-based vaporization was poorly implemented. Zhong's discussion of heating elements still demonstrates that heating-based vaporization is a well-known alternative within the same field of aerosol generating devices.
Further, Zhong also discusses solving issues like leakage (Col. 1, Lines 40-41), liquid flow (Col. 1, Lines 58-62), and improving smoke emission (Col. 1, Lines 30-333). Lei solves the drawbacks that Zhong mentioned like leakage reduction [0047], controlled liquid flow [0007-0009], and improved atomization [0043], while using a heating-based element. One of ordinary skill in the art would have been motivated to use Lei because it offers an improved heating solution that overcomes issues identified by Zhong. The proposed modification would not change the principle of operation or make the device inoperable since each reference shares a common goal of vaporizing a liquid medium to generate an inhalable aerosol.
The following are modified rejections based on Applicant’s amendments to the claims.
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 6 and 7 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 “far” in claim 6 is a relative term which renders the claim indefinite. The term “far” 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. The locations of the first and second electrode bodies disposed close to an end of the vaporization surface relative to the outlet has been rendered indefinite by the use of the term “far”. For purposes of examining, the term “far” will be interpreted as “distal”.
The term “far” in claim 7 is a relative term which renders the claim indefinite. The term “far” 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. The location of the two ends of the two straight sections relative to the outlet has been rendered indefinite by the use of the term “far”. For purposes of examining, the term “far” will be interpreted as “distal”.
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, 4, 5, 6, 7, 8, 9, and 12 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).
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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 [66] that receives air from the outside through an air groove (Fig. 7: #212, [51]). (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 [37]. The ultrasonic atomization sheet (Fig. 16: #1) defines a bottom part of the cavity (Fig. 7: #211). 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
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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.
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In regards to iii., Lei, directed to an electronic atomization device, teaches 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].
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 a heating body configured to vaporize a vaporization medium 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 to help guide liquid to be atomized and reduce the risk of leakage [0004] and this merely involves applying a known liquid 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
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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° [21], having overlap in the range of the claimed invention and thus being considered prima facie obvious.
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With regard to Claim 4, Liu teaches a 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 (ii) The second liquid guide layer (Fig. 14: #402) is parallel to the ultrasonic atomizing sheet (Fig. 16: #1).
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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) a first liquid guide layer made of porous material [40], meeting the claim limitation of a substrate (ii) and an 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, [26]). Modified Liu teaches all the limitations of the claims as set forth above, however modified Liu is silent to:
A second electrode body
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 far from the outlet
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Lei, directed to an electronic atomization device, teaches (i) a porous body (Fig. 3: #11) comprising a heating element (Fig. 3: #12a). The porous body (Fig. 3: #11) comprises pads (Fig. 3: #13) configured to mount a first and second electrode [0053]. (ii) A surface (Fig. 3: #1111) is located on the porous body (Fig. 3: #11), relating to the substrate of the claimed invention. (iii) The heating element (Fig. 3: #12a) and pads (Fig. 3: #13) configured to mount a first and second electrode are all disposed on the surface (Fig. 3: #1111). (iv) Both the first and second electrodes are electrically connected to the heating element [0053] and disposed on an end of the surface (Fig. 3: #1111) away from the outlet (Fig. 13: "O") based on the separation shown in Figure 14, where the outlet would be above the liquid storage (Fig. 14: #30).
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 a heating body and second electrode body; 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 close to an end of the vaporization surface far from 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 all the limitations of the claims as set forth above, however modified Liu is silent to:
The heating body comprising: a curved section
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 far from the outlet
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
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Lei teaches (i) wherein the porous body comprises a first curved section (Fig. 4: #123a) and (ii) two straight sections in parallel (Fig. 4: #121a & #122a, [0060]). (iii) The first curved section (Fig. 4: #123a) is connected to an end of the of the first straight section (Fig. 4: #121a). (iv) The first and second electrodes (Fig. 4: #141 & #142) are connected to two ends of the two straight sections (Fig. 4: #121a & #122a) away from the outlet. (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 be project from the center of the core atomization region (Fig. 4: "A") located between the curved sections (Fig. 4: #123a) and the first and section electrodes (Fig. 4: #141a & #142a).
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 far from the outlet; 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 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 improve efficiency for the smoke delivered to the user [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.
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In regards to iv., Zhong teaches a raised curved section (Fig. 6: "C") of an atomization cotton (Fig. 6: #14) closer to the outlet (Fig. 6: "O") than the opposing curved section of the atomization cotton. One of ordinary skill in the art would find it obvious to combine the heating body of Lei and the raised characteristic of the atomization cotton of Zhong to improve the atomization rate of the device by controlling the flow of aerosol material [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 combine the heating arrangement of Liu, Lei, and Zhong to wherein the heating body comprises a curved section, two straight section disposed in parallel; wherein the first electrode body and the second electrode body are respectively connected to two ends of the two straight sections far from the outlet because both Lui and Zhong are directed to improving smoke generation by guiding the aerosol generating material. Zhong teaches a raised curved section closer to an outlet to improve the atomization rate of the device by controlling the flow of aerosol material [0047] and this merely involves combining heating bodies according to known structural methods to yield predictable results.
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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)
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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, [23]). 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
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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.
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With regard to Claim 12, Liu, directed to an atomizer, teaches (i) an electronic cigarette comprising a battery that supplies power for atomization [0060]. (ii) An atomizer (Fig. 7: “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 [66] that receives air from the outside through an air groove (Fig. 7: #212, [51]). (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 [37]. The ultrasonic atomization sheet (Fig. 16: #1) defines a bottom part of the cavity (Fig. 7: #211). (v) The battery is used to supply power to the ultrasonic atomizing sheet of the atomizer [0060]. 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
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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.
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In regards to iii., Lei, directed to an electronic atomization device, teaches 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].
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 a heating body configured to vaporize a vaporization medium 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 to help guide liquid to be atomized and reduce the risk of leakage [0004] and this merely involves applying a known liquid control technique to an aerosol generating device ready for improvement to yield predictable results.
Claims 10 and 11 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 and 9 above, and further in view of (CN 20844610 U, hereinafter referred to as ‘610 and citations referring to English Machine Translation)
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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 [26]. 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
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'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
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'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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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
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