DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Submission
Applicant’s submission filed on 2025 December 30 has been entered. Claims 1-3 and 5-11 are pending.
Claim Objections
Claims 1 and 10 are objected to because of the following informalities:
Claims 1 and 10: from line 12 to the end of each claim, the term “when” should be preceded by “wherein”.
Claims 1 and 10: line breaks delineated by “,” are suggested to be delineated by “;” to maintain stylistic consistency between claims.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3 and 5-11 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.
Claims 1 and 10: in lines 7-9 under the subheading “a pushing member…”, the pushing member is recited as “configured to drive the movable part… in a direction toward or away from the movable part”. Confusion arises as to how a movable part can move toward or away from itself. The limitation “in a direction toward or away from the movable part” is omitted from further examination.
Claims 1 and 10: in line 12 under the subheading “when the pushing member…”, the term “the initial position” lacks proper antecedent basis and is interpreted as “an initial position”.
Claims 1 and 10: in lines 17-19 under the subheading “when the pushing member…”, the claim recites that “when the pushing member is located between the initial position and a conduction position, the liquid guide hole is in liquid guiding communication with the liquid passage hole”. Such a limitation requires that at any instance (when) wherein the pushing member is located between the initial position and a conduction position, the holes communicate. Confusion arises as to the boundary between the holes communicating (e.g., by unimpeded flow, by capillary flow, or by leakage, all of which encompass different structures) versus not communicating. In other words, a minimum length of overlap between the two holes that does constitute communicating is not claimed, disclosed, or otherwise apparent to one of ordinary skill. The limitation “when the pushing member is located between the initial position and a conduction position” is interpreted as “when the pushing member is located at an intermediate position between the initial position and a conduction position” to make the claim examinable.
Claims 2-3, 5-9, and 11 are rejected by dependence on claims 1 and 10.
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.
Claims 1-3 and 5-11 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (EP 3834640 A1 cited on an IDS) in view of Ding (CN 215583158 U cited on an IDS).
Claims 1-3 and 10: Qiu teaches a vaporizer (fig. 1 and [23-25], #100) comprising a vaporization assembly comprising:
a vaporization housing (10) having a liquid storage cavity (1143);
a vaporization main body (30) being arranged in the vaporization housing (10) and provided with a liquid passage hole (310) communicating with the liquid storage cavity ([27], #1143 and #310 communicate);
a movable part (fig. 2-3 and [34-35], #334 and #392) being arranged on the vaporization main body (30) and having a liquid guide hole (332);
a first end (topmost end of 334) and a second end (end of 334 which abuts 332), the first end (topmost end of 334) and the second end (end of 334 which abuts 332) being spaced above the liquid guide hole (332) along a first direction (vertical direction);
and a pushing member (336) being configured to drive the movable part (334 and 392) to move (#334 and #392 move between fig. 2-3);
wherein when the pushing member (336) is located at an initial position (fig. 2), the first end (topmost end of 334) is located above the liquid passage hole (310) and the second end (end of 334 which abuts 332) is located below the liquid passage hole (310), the liquid guide hole (332) is completely separate from the liquid passage hole (310);
wherein when the pushing member (336) is located at an intermediate position between the initial position (fig. 2) and a conduction position (fig. 3), the liquid guide hole (332) is in liquid guiding communication with the liquid passage hole (310);
and wherein when the pushing member (336) is located at the conduction position (fig. 3), the first end (topmost end of 334) is located above the liquid passage hole (310);
wherein the movable part (334 and 392) is provided with an accommodating groove (interior channel of 334) configured to accommodate (the interior channel of 334 enables and facilitates vertical movement of 30) the vaporization main body (30) along the first direction (vertical direction),
and wherein the movable part (334 and 392) is provided with the liquid guide hole (332) communicating with the accommodating groove (interior channel of 334) along a second direction (horizontal direction), the second direction (horizontal direction) being perpendicular to the first direction (vertical direction);
the first end (topmost end of 334) and the second end (end of 334 which abuts 332) abutting against a circumferential side wall (312) of the vaporization main body (30).
Qiu does not explicitly teach a first flange and a second flange positioned at the first end and the second end, wherein the second flange is located above the liquid passage hole,
and that the first flange and the second flange protrude from a periphery of the movable part.
Ding teaches a vaporization assembly (fig. 1 and [50]) comprising a movable part (54) and a flange ([46], #1422) protruding from a periphery of the movable part (54), such that the flange seals the movable part [46].
Adding two of Ding’s flange to Qiu would yield the expected result of two flanges that further seal Qiu’s liquid pathways. See MPEP 2144.04(VI)(B): In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). The courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to add two of Ding’s flange to the first end and to the second end, wherein in the conduction position, the second flange is located above the liquid passage hole in order to seal against the liquid passage hole, because doing so would seal Qiu’s liquid pathways as taught by Ding.
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Claim 5: modified Qiu teaches the vaporization assembly of claim 2, wherein the vaporization main body (fig. 2 and [27]) comprises a vaporization channel (interior channel of 30) and a vaporization core (35) accommodated in the vaporization channel (interior channel of 30), wherein the liquid passage hole (310) is provided in the vaporization channel (interior channel of 310 through 332 through 3901), and wherein the movable part (334 and 392) is sleeved outside the vaporization core (35) and accommodated in the vaporization channel (interior channel of 310 through 332 through 3901) along the first direction (vertical direction) in a liftable manner (fig. 2-3).
Claim 6: modified Qiu teaches the vaporization assembly of claim 5, wherein a periphery (fig. 2, regions outside #334 and #392) of the movable part (334 and 392) is provided with a vent groove (3341 communicating with interior groove of 334) communicating with the vaporization channel (interior channel of 310 through 332 through 3901) along the first direction (vertical direction).
Claim 7: modified Qiu teaches the vaporization assembly of claim 2, wherein the vaporization main body (fig. 2) comprises a vaporization channel (interior channel of 310 through 332 through 3901) and a vaporization core (35) accommodated in the vaporization channel (interior channel of 310 through 332 through 3901), wherein the liquid passage hole (310) is provided in the vaporization channel (interior channel of 310 through 332 through 3901), and wherein the movable part (334 and 392) is sleeved outside the vaporization core (35) and arranged around a periphery of the vaporization channel (interior channel of 310 through 332 through 3901) along the first direction (vertical direction) in a liftable manner (fig. 2-3).
Claim 8: modified Qiu teaches the vaporization assembly of claim 1, wherein a bottom of the vaporization housing (fig. 1 and [39], #10) is provided with a mounting hole (bottommost hole of 10), the pushing member (fig. 2-3 and [34], #336) being insertable in the mounting hole (fig. 1, bottommost hole of #10) in a liftable manner (fig. 2-3).
Claim 9: modified Qiu teaches the vaporization assembly of claim 8, wherein the pushing member (fig. 2 and [36], #336) comprises a pushing part (cylindrical body of 336) and a resisting part (protruding flange of 336) that are fixedly connected, the resisting part (protruding flange of 336) being located below the movable part (334 and 392), and wherein the pushing part (cylindrical body of 336) is configured to drive the resisting part (protruding flange of 336) to resist the movable part (334 and 392).
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Claim 11: modified Qiu teaches an electronic vaporization device ([23], electronic cigarette), comprising:
a power supply assembly (battery device);
and the vaporizer (100) according to claim 10, the vaporizer (100) being in electrical connection with the power supply assembly (battery device).
Response to Arguments
Applicant’s arguments of 2025 December 30 have been carefully considered but are not persuasive. Upon further search and consideration necessitated by applicant’s amendments, a new ground of rejection is made for claim 1 over Qiu in view of Ding.
Applicant argues (p. 7, “Claim Rejections – 35 USC § 102”) that Qiu does not anticipate amended claim 1. However, as necessitated by applicant’s amendments, Qiu in view of Deng obviates claim 1.
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 Tobey C. Le whose telephone number is (703)756-5516. The examiner can normally be reached Mon-Thu 8:30-18:30 ET.
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/TOBEY C LE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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