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 Amendment
Applicant’s amendment to claims 1, 7, and 13 and supporting remarks filed 05/06/2026 (“Amendment”) have been entered. Accordingly, the rejections under 35 USC 112 are withdrawn. A new objection to claim 1 and new rejections under 35 USC 103 are necessitated by the amendment to claim 1. Claims 3-4 remain indicated as containing allowable subject matter. Claims 1-13 are pending and examined herein.
Response to Arguments
Applicant’s arguments with respect to the rejection of claim 1 under 35 USC 103 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, Applicant argues that Reevell’s susceptor 20 as shown in Fig. 2 does not read on the amended language of claim 1 (Amendment p. 7-9), but the new ground of rejection presented below relies in part on Reevell’s Fig. 13, wherein the susceptor 20 stays partially within the heating chamber 16, which reads on the claim language.
Claim Objections
Claim 1 is objected to for reciting “in the first position” at l. 10, which appears to be a typo of “in the first location” which is recited throughout the remainder of the claim. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2 and 7-13 are rejected under 35 U.S.C. 103 as being unpatentable over T. Liu (CN 112450487, reference to US 2022/0175024) in view of Reevell (US 2019/0380391) and Q. Liu (US 2016/0192709).
Regarding claim 1, T. Liu discloses an aerosol-forming apparatus (Figure 1, entire device shown, [0023]), comprising:
a vaporization assembly (Figures 1 and 3, at least assembly of heating cup 2, silicone thermal insulator 8, and magnetic induction coil 13 and Reevell’s susceptor (see below), as well as other parts presented in further claims, [0024]-[0025]), comprising:
a storage body having a storage vaporization cavity configured to store aerosol-forming substrate (Figure 3, heating cup 2 holds smoke material, [0025]);
and a heating body configured to heat and vaporize the aerosol-forming substrate when power is applied (Figure 3, magnetic induction coil 13 heats up heating cup 2 to atomize smoke material, [0025]).
T. Liu fails to explicitly disclose that the storage body is for holding a liquid.
Q. Liu teaches a similar electronic hookah device wherein the hookah includes a liquid storage assembly (see Figure 6 and [0066]-[0067]). Q. Liu also teaches that having a hookah with a liquid storage device allows for the liquid to have to be replaced much less frequently than traditional electronic cigarettes and allows for a much larger amount of smoke to be atomized [0003].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified T. Liu to incorporate the teachings of Q. Liu to have the storage body store liquid because doing so would allow for the hookah to have the liquid require to be replaced much less frequently than traditional electronic cigarettes and allows for a much larger amount of smoke to be atomized [0003].
T. Liu further fails to explicitly disclose wherein the heating body is slidably connected to the liquid storage body between a first location and a second location, wherein the heating body is located outside the aerosol-forming substrate when the heating body is located at the first location, and, in the first position, at least a part of the heating body is located within the liquid storage body but the heating body is not in contact with the aerosol-forming substrate therein, and wherein at least a part of the heating body protrudes into the aerosol-forming substrate when the heating body is located at the second location.
Reevell teaches a similar aerosol generating device with inductive heating wherein the heating body is slidably connected to the liquid storage body between a first location and a second location, wherein the heating body is located outside the aerosol-forming substrate when the heating body is located at the first location, and, in the first position, at least a part of the heating body is located within the liquid storage body but the heating body is not in contact with the aerosol-forming substrate therein, and wherein at least a part of the heating body protrudes into the aerosol-forming substrate when the heating body is located at the second location ((Figs. 12-15, susceptor 20 (heating body) is shown inserted into aerosol forming substrate 31 with support part 22 remaining partially within the heating chamber 16 in Figs. 12 and 15, and susceptor 20 is shown outside substrate 30 with a stopper which prevents the susceptor 20 and support part 22 from being completely slidably removed from the chamber 16 in Figs. 13-14, [0065-66]). Reevell also teaches that this helps to make the susceptor reusable and easily accessible for preparation purposes such as cleaning [0004].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified T. Liu to incorporate the teachings of Reevell to replace the air nozzle of T. Liu (Figure 3, air nozzle 1, [0025]) with a removable susceptor that is movable between positions inside and outside the aerosol-generating substrate and a stopper for preventing complete removal of the susceptor, such as those taught in Reevell because doing so would allow for the susceptor to be reusable and easily accessible for preparation purposes such as cleaning, as recognized by Reevell [0004].
Regarding claim 2, modified T. Liu discloses the aerosol-forming apparatus of claim 1, wherein the vaporization assembly further comprises: a cover body disposed at a port of the liquid storage vaporization cavity so as to seal the liquid storage vaporization cavity (T. Liu, Figure 3, silicone thermal insulator 8, [0024]),
and having a through hole in communication with the liquid storage vaporization cavity (T. Liu, Figures 1 and 3, hole in silicone thermal insulator 8 communicates with inside of heating cup 2, [0024]-[0025]),
and wherein the heating body comprises an extension part that penetrates through the through hole (Reevell, extension part would be support section 22 in the combination of T. Liu and Reevell presented in claim 1 above, Figs. 12-15 and [0065-66]),
wherein a heating part that is connected to the extension part and located in the liquid storage vaporization cavity (Reevell, heating section 21, Figs. 12-15 and [0065-66]) ,
and wherein the extension part is slidably connected to the liquid storage body through the through hole for the heating part to disengage from or protrude into the aerosol-forming substrate (Reevell, susceptor 20 removable from substrate 31 of article and would move through silicone thermal insulator of T. Liu in the combination, Figs. 12-15 and [0065-66]).
Regarding claim 7, modified T. Liu discloses the aerosol-forming apparatus of claim 2, wherein the vaporization assembly further comprises a sealing member sleeved on an outer surface of the liquid storage body for fixing the cover body and sealing a connection location between the cover body and the liquid storage body (T. Liu, Figures 1 and 3, the inside of the silicone thermal insulator 8 performs this function by sealing the outside of heating cup and the outside of silicone thermal insulator 8, [0024]-[0025]).
Regarding claim 8, modified T. Liu discloses the aerosol-forming apparatus of claim 1, wherein the vaporization assembly further comprises a cooling body detachably connected to the liquid storage body for cooling an aerosol generated by the heating body through vaporization (T. Liu, right side of Figures 4 and 5 (“second tube body”) including glass mouthpiece 3, [0025]. Also, while T. Liu may not explicitly disclose “cooling” the device of T. Liu and the claimed device appear to be very similar and perform the same function).
Regarding claim 9, modified T. Liu discloses the aerosol-forming apparatus of claim 8, wherein the cooling body comprises: a connecting part connected to the liquid storage body and in communication with the liquid storage vaporization cavity (T. Liu, Figure 4, glass tube 21-1 is in communication with heating cup 2, [0025]);
and a cooling part in communication with the connecting part and configured to accommodate condensate (T. Liu, right side and below glass mouthpiece 3 of Figures 4 and 5 (“second tube body”) may hold condensate and is therefore “configured to”, [0025]).
Regarding claim 10, modified T. Liu discloses the aerosol-forming apparatus of claim 1, further comprising: a power supply assembly detachably connected to the vaporization assembly to supply power to the vaporization assembly (T. Liu, Figure 1, housing 18, and parts 4-20 and 22-30 (everything not shown in Figure 4) and is detachable as shown in Figure 1, [0024]).
Regarding claim 11, modified T. Liu discloses the aerosol-forming apparatus of claim 10, wherein the power supply assembly comprises:
a housing having an accommodating cavity (T. Liu, Figure 1, housing 18 with the accommodating cavity being the inside, [0024]);
a battery accommodated in the accommodating cavity and configured to provide electric energy (T. Liu, Figure 1, battery 22, [0024]);
a circuit board accommodated in the accommodating cavity and connected to the battery (T. Liu, Figure 1, electrode plate 27, [0024]);
and a coil formed in a circumferential direction of the heating body and in electric communication with the circuit board (T. Liu, Figure 1, magnetic induction coil 13, [0024]),
the coil being configured to generate a magnetic field when power is applied so as to heat up the heating body by electromagnetic induction (T. Liu, see [0025]).
Regarding claim 12, modified T. Liu discloses the aerosol-forming apparatus of claim 11, wherein a first recession part is formed on a surface of one side of the housing (T. Liu, Figures 1 and 3, top left of housing 18 is recessed, [0025]),
wherein the coil is disposed on an inner surface of the first recession part in a circumferential direction of the first recession part (T. Liu, Figures 1 and 3, top left of housing 18 is recessed and holds magnetic induction coil 13, [0025]),
and wherein at least a part of the liquid storage body and at least a part of the heating body are located in the first recession part so as to heat up the heating body by electromagnetic induction when the coil is energized (T. Liu, Figure 1, heating cup 2 of T. Liu and susceptor 20 of Reevell would be inside the “recession part” and therefore the coil in the combination presented in the rejection of claim 1 above).
Regarding claim 13, modified T. Liu discloses the aerosol-forming apparatus of claim 12, wherein a second recession part is further formed on the surface of one side of the housing (T. Liu, Figure 1, see indent/recession on right side of housing 18, [0025]),
wherein the vaporization assembly further comprises a cooling body comprising a cooling part in communication with the liquid storage vaporization cavity (T. Liu, right side of Figures 4 and 5 (“second tube body”) including glass mouthpiece 3, [0025]. Also, while T. Liu may not explicitly disclose “cooling” the device of T. Liu and the claimed device appear to be very similar and perform the same function),
and wherein at least a part of the cooling part is accommodated in the second recession part so as to fix the cooling body (T. Liu, right side of Figures 4 and 5 (“second tube body”) including glass mouthpiece 3 is shown in the “second recession part” as presented above in Figure 2, [0025]).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over T. T. Liu (CN 112450487, reference to US 2022/0175024) in view of Reevell (US 2019/0380391) and Q. Liu (US 2016/0192709) as applied to claim 2 above, and further in view of Chung (US 2015/0216234).
Regarding claim 5, modified T. Liu discloses the aerosol-forming apparatus of claim 2, as set forth above. Modified T. Liu fails to disclose wherein the vaporization assembly further comprises an elastic member configured to provide an acting force toward the first location to the heating body when the heating body is located at the second location.
Chung teaches a similar electronic cigarette that further comprises an elastic member configured to provide an acting force toward the first location to the heating body when the heating body is located at the second location (Figures 1-3, air intake opening stem 21 is mounted on a spring (the “elastic member”) which biases the air intake opening stem 1 into a closed position (meaning it forces it toward a “first location” (in this case closed)), [0057]). Chung also teaches that this bias spring can allow for the walls of the retainer to be scaped clean with each depression of the air intake opening stem [0057].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified T. Liu to incorporate the teachings of Chung to provide a biasing spring close to the opening of the device on the “heating body” (susceptor 20 of Reevell) because doing so would allow for the walls of the retainer (where the aerosol generating material is held) to be scaped clean with each depression of the air intake opening stem (or in this case the “heating body” (susceptor 20 of Reevell)), as recognized by Chung [0057].
Regarding claim 6, modified T. Liu discloses the aerosol-forming apparatus of claim 5, wherein the heating body further comprises a stop that circumferentially extends at an end that is of the extension part and that is away from the heating part (Reevell, Figs. 12-15 and [0065-66], stopper on support section 12 acts as a stop and is away from heating section 21 and extends from support section 22 (“extension part”)),
wherein the elastic member is sleeved on the extension part (Reevell and Chung, when combined as presented above, the spring of Chung would be sleeved on the support section 22 of Reevell, [0065-66] of Reevell),
wherein one end of the elastic member abuts against the stop (Reevell and Chung, when combined as presented above, the spring of Chung would abut the stopper of Reevell, [0065-66] of Reevell),
and wherein an other end of the elastic member abuts against the cover body (Reevell, Chung, and T. Liu when combined as presented above, the spring of Chung would abut against the silicone thermal insulator 8 of T. Liu when everything is combined as presented above, [0024] of T. Liu).
Allowable Subject Matter
Claims 3 and 4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, modified T. Liu discloses the aerosol-forming apparatus of claim 2, as set forth above. However, modified T. Liu fails to disclose wherein the cover body has a protrusion on a surface of the side facing the liquid storage body, the protrusion having a chute in communication with the through hole, wherein a part of the heating body that protrudes into the liquid storage vaporization cavity has a slider, the slider being configured to move along the chute, and the slider being detached from the chute when the heating body is located at the second location. Additionally, there is no reason or other prior art to further modify T. Liu (or Reevell) to reach these limitations without impermissible hindsight.
Claim 4 is allowable due to its dependence on claim 3.
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 MICHAEL PATRICK MULLEN whose telephone number is (571)272-2373. The examiner can normally be reached M-F 10-7 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H. Wilson can be reached at (571) 270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL PATRICK MULLEN/Examiner, Art Unit 1747 /Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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