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 1-8 and 10-21 are currently pending and are subject to this office action. Claims 1, 10, and 19 are amended. Claims 19-20 are withdrawn. Claim 21 is newly added. This office action is in response to Applicant’s amendment filed on 06/19/2026.
Response to Amendments
Examiner acknowledges Applicant’s response filed on 06/19/2026 containing amendments and remarks to the drawings, specification, and claims.
In response to Applicant’s amendments filed 06/19/2026, the Examiner withdraws the objection to the drawings for not including the reference signs #100, #43111, and #213.
In response to Applicant’s amendments filed 06/19/2026, the Examiner withdraws the objection to the specification for minor informalities.
In response to Applicant’s amendments filed 06/19/2026, the Examiner withdraws the objection to claim 10 for minor informalities.
Response to Arguments
Applicant’s arguments, on pages 10-11, filed 06/19/2026, with respect to the objection of the drawings have been fully considered and are not persuasive. The Applicant states that the Figures have been updated to add the missing reference signs of the prior non-final.
The Examiner disagrees. Reference character #40a is not reflected in any version of the filed drawings. However, reference character #40a is mentioned in the specification more than once. Therefore, the objection is maintained.
Applicant’s arguments, on pages 11-15, filed 06/19/2026, with respect to the rejection of claim 1 under 35 U.S.C. 102(a)(1) and 102(a)(2) have been fully considered and are persuasive. The Applicant has amended claim 1 to include a limitation of now canceled claim 9 and a limitation that was not previously presented, specifically, “at least a part of the seal member is abutted between the first shell and the liquid storage part to seal the liquid filling opening end”. However, upon further consideration, a new ground(s) of rejection is made in view of Qiu (US 20180303166 A1).
The following are modified rejections based on Applicant’s amendments to the claims.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 07/19/2022. It is noted, however, that applicant has not filed a certified copy of the CN 202210852294.5 application as required by 37 CFR 1.55. The Office attempted to electronically retrieve the priority document on 12/19/2023, however the attempt was unsuccessful.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Pg. 16, Para. 2, Line 2: First seal member #40a
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 1 is 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.
Claim 1 recites the limitation "the seal member" in line 16. There is insufficient antecedent basis for this limitation in the claim. For purposes of examining, “the seal member” will be interpreted as “a seal member”.
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, 3, 4, 5, 6, 7, 8, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (US 20180303166 A1).
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With regard to Claim 1, Qiu, directed to an atomizer and electronic cigarette, teaches (i) an atomizer comprising a liquid storage assembly (Fig. 4: #14) with a liquid storing cavity (Fig. 4: #1421) for storing liquid tobacco [0048 & 0051]. The liquid storage assembly (Fig. 4: #14) further includes an air outlet channel (Fig. 4: #1423) outside of the liquid storing cavity (Fig. 4: #1421, [0052]). (ii) The device comprises a heating element (Fig. 4: #153) configured to vaporize liquid tobacco to generate smoke [0064].
(iii) An upper cover assembly (Fig. 1: #12), meeting the claim limitation of a first shell, defines an air outlet (Fig. 4: #1211) connected to a cigarette holder (Fig. 4: #122), that allows the generated aerosol to enter the user's mouth [0064]. The upper cover assembly (Fig. 1: #12) is connected to an upper part of the liquid storage assembly (Fig. 4: #14), and the connecting member (Fig. 4: #123) of the upper cover assembly (Fig. 1: #12) covers a portion of the liquid storage assembly (Fig. 4: #14, [0053]).
(iv) A base assembly (Fig. 1: #13), meeting the claim limitation of a second shell, is connected to a lower part of the liquid storage assembly (Fig. 4: #14, [0037]). The base assembly (Fig. 1: #13) includes an atomizing head (Fig. 4: #15) which covers a portion of the liquid storage assembly (Fig. 4: #14). (v) The liquid storage assembly (Fig. 4: #14) comprises an outer tube (Fig. 4: #11, [0038]) that protrudes towards the lower part of the liquid storage assembly (Fig. 4: #14). At least part of the outer surface of the outer tube (Fig. 1: #11) is not covered by the upper cover assembly (Fig. 1: #12) and the base assembly (Fig. 1: #13).
Qiu further teaches an embodiment wherein (vi) the liquid storing assembly (Fig. 9: #34) comprises a liquid storing head cover (Fig. 9: #342) that can be separated from an upper cover (Fig. 9: #321), creating an opening (Fig. 9: "O"), for refilling the liquid storing member (Fig. 9: #341, [0109]). (vii) The liquid storing head cover (Fig. 9: #342) is abutted between a part of the upper cover (Fig. 9: #321, [0114]), relating to the first shell of the claimed invention, and the liquid storing member (Fig. 9: #341, [0114]), relating to the liquid storage part. The configuration fixes the top end of the liquid storing member [0109, 0114]. One of ordinary skill in the art would have found it obvious to modify Qiu to allow the liquid storing head cover to directly abut the liquid storing member to properly fix the liquid storing member [0035, 0114].
With regard to Claim 2, Qiu teaches wherein the outer tube is a hollow tubular structure [0038].
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With regard to Claim 3, Qiu teaches wherein the outer tube (Fig. 4: #11) may be made of transparent material to allow observation of the amount of liquid tobacco remaining in the liquid storage assembly [0038]. The air outlet channel (Fig. 4: #1423) is positioned between the outer tube (Fig. 4: #11) and the liquid storage assembly (Fig. 4: #14). Thus, if the outer tube (Fig. 4: #11) was made of transparent material to see the liquid storage assembly (Fig. 4: #14) it would be obvious that the airflow channel can also be seen through the outer tube (Fig. 4: #11).
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With regard to Claim 4, Qiu teaches wherein the upper cover assembly (Fig. 1: #12) and the base assembly (Fig. 1: #13) are separated by the outer tube (Fig. 1: #11).
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With regard to Claim 5, Qiu the outer tube (Fig. 1: #11), relating to the protrusion part of the claimed invention. The device comprises upper cover assembly (Fig. 1: #12) and the base assembly (Fig. 1: #13), meeting the claim limitations of the first and second shells. Qiu further teaches wherein the components can be in a fitted connection [0053 & 0070]. One of ordinary skill in the art would find it obvious to optimize the dimensions of the outer tube and thickness of the upper cover assembly or base assembly to achieve proper fitting and alignment between components [0070]. The modification would not result in a new or unexpected function, and altering the height and thickness would be a matter of design choice (MPEP 2144.04(IV)(A)).
With regard to Claim 6, Qiu teaches wherein (i) the liquid storage assembly (Fig. 4: #14) comprises a liquid storing member (Fig. 4: #142), meeting the claim limitation of a chamber structure, positioned axially within the liquid storage assembly (Fig. 4: #14, [0048 & 0051]). (ii) The liquid storing cavity (Fig. 4: #1421) is formed within the liquid storing member (Fig. 4: #142, [0051]). (iii) The air outlet channel (Fig. 4: #1423) is formed between an outer wall of the liquid storing member (Fig. 4: #142) and an inner wall of the outer tube (Fig. 4: #11) housing the liquid storage assembly (Fig. 4: #14).
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With regard to Claim 7, Qiu teaches wherein (i) the air outlet channel (Fig. 5: #1423) comprises a first channel (Fig. 5: "A1") and a second channel (Fig. 5: "A2"), as shown by the arrows in Figure 5, disposed on different sides of the liquid storage cavity (Fig. 5: #1421).
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With regard to Claim 8, Qiu teaches wherein the first channel (Fig. 5: "A1") and the second channel (Fig. 5: "A2"). Figure 5 illustrates where the opposing channels are arranged symmetrically relative to the liquid storing member (Fig. 5: #142). One of ordinary skill in the art would understand that the first and second channel are on opposite sides of a mirrored structure and would have found it obvious that they would have substantially the same cross-sectional area.
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With regard to Claim 21, Qiu teaches wherein (i) the liquid storing head cover (Fig. 9: #342) comprises a lower surface (Fig. 9: "L"). (ii) The opening (Fig. 9: "O") at the top of the liquid storing member (Fig. 9: #341) can be fitted with the liquid storing member head cover (Fig. 9: #342) arranged on an upper end of the liquid storing member (Fig. 9: #341) to fix the liquid storing member [0114].
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu (US 20180303166 A1), as applied to claim 1 above, and further in view of Beer (EP 3292771 A1).
With regard to Claim 10, Qiu teaches wherein the upper cover and a liquid storing member head cover can be separated for refilling the liquid storing member [0109]. Modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein the airflow channel comprises an air outlet port adjacent to the liquid filling opening end
Wherein the height of the air outlet port is less than that of the liquid filing opening end
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Beer, directed to a case for an electronic smoking device, teaches (i) a liquid inlet (Fig. 9b: #180) and air outlet (Fig. 9b: #181) arranged next to each other [0073], wherein the air outlet (Fig. 9b: #181) is in communication with an air channeling system (Fig. 9b: #184, [0075]). (ii) As shown in Figure 9b, the height of the air outlet (Fig. 9b: #181) is less than the height of the liquid inlet (Fig. 9b: #180). One of ordinary skill in the art would have been motivated to modify the refilling mechanism of Qiu with the liquid inlet and air outlet placement of Beer to allow the device to be easily refilled without liquid being spilled [0076].
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 airflow channel of Qiu to comprise an air outlet port adjacent to the liquid filling opening end and the height of the air outlet port is less than that of the liquid filing opening end because both Qiu and Beer are directed to preventing leakage in aerosol generating devices. Beer teaches a liquid inlet and air outlet arranged next to each other to allow the device to be easily refilled without liquid being spilled [0076] and this merely involves applying a known refill technique to a known aerosol generating device ready for improvement to yield predictable results.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (US 20180303166 A1), as applied to claims 1 and 6, further in view of Liu (US 20170325504 A1).
With regard to Claim 11, Qiu teaches the liquid storing member (Fig. 4: #142), meeting the claim limitation of the chamber structure. Qiu teaches all the limitations of the claims as set forth above, however Qiu is silent to:
Wherein the chamber structure further defines a first accommodating chamber
Wherein the vaporization element is at least partially accommodated in the first accommodating chamber
Wherein the liquid storage chamber communicates with the vaporization element
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Liu, directed to a disposable electronic cigarette, teaches (i) wherein a cup cover (Fig. 11: #22) further defines an atomizing chamber (Fig. 11: “A”, [0055]). (ii) The atomizing chamber receives the heating wire assembly (Fig. 8: #23, [0055]). (iii) An e-liquid cup (Fig. 8: #21), configured for storing an e-liquid, communicates with the heating wire assembly (Fig. 8: #23) through e-liquid permeating holes (Fig. 11: #222, [0055]). One of ordinary skill in the art would have found it obvious to modify the liquid storing member of Qiu to with the atomizing chamber of Liu to prevent airflow noise and issues affecting smoke taste and user experience [0034].
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 chamber structure of Qiu to wherein the chamber structure further defines a first accommodating chamber, the vaporization element is at least partially accommodated in the first accommodating chamber, and the liquid storage chamber communicates with the vaporization element because both Qiu and Liu are directed to producing effective atomization and providing a pleasant user smoke experience. Liu teaches an atomizing chamber that receives a heating wire to prevent airflow noise and issues affecting smoke taste and user experience [0034] and this merely involves applying a known additional chamber to a known aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 12, modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein the chamber structure is provided with a partition wall extending radially inside the chamber structure
The partition wall divides an interior of the chamber structure into the liquid storage chamber and the first accommodating chamber
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Liu teaches (i) wherein the cup cover (Fig. 11: #22) comprises an e-liquid separator (Fig. 11: #221) extending radially inside the cup cover (Fig. 11: #22, [0071]). (ii) The e-liquid separator (Fig. 11: #221) divides an inside of the cup cover (Fig. 11: #22) to wherein the top of the cup cover is provided with the e-liquid cup and the bottom of the top cover defines the atomizing chamber(Fig. 11: “A”, [0068]) to prevent liquid from leaking and entering the battery [0060].
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 chamber structure of modified Qiu to wherein the chamber structure is provided with a partition wall extending radially inside the chamber structure and wherein the partition wall divides an interior of the chamber structure into the liquid storage chamber and the first accommodating chamber because both Qiu and Liu are directed to preventing leakage. Liu teaches an e-liquid separator that divides an atomizing chamber and e-liquid cup to that receives a heating wire to prevent liquid from leaking and entering the battery [0060] and this merely involves applying a known partition to a known aerosol generating device ready for improvement to yield predictable results.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu (US 20180303166 A1) and Liu (US 20170325504 A1), as applied to claims 1, 6, and 11, further in view of Dai (CN 212852492 U, hereinafter citations referring to English language equivalent US 20230240371 A1).
With regard to Claim 13,Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein a first seal member is arranged between an inner wall of the first accommodating chamber and the vaporization element
A ventilation channel is defined and formed between the first seal member and the vaporization element or between the first seal member and the inner wall of the first accommodating chamber to provide a path for air to enter the liquid storage chamber
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Dai, directed to an aerosol generation apparatus, teaches (i) a first seal member (Fig. 5: #500) that is arranged between an inner wall of a shell (Fig. 5: #101) and a vaporization element (Fig. 5: #400, [0063]). (ii) The device further comprises a vaporization cavity (Fig. 5: #205) that moves airflow towards a vent tube (Fig. 3: #110) within the reservoir (Fig. 3: #100). One of ordinary skill in the art would have been motivated to modify Qiu to comprise a first seal member in the layout of Dai to prevent liquid from leaking into undesired parts of the device [0061].
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 first accommodating chamber and vaporization element of modified Qiu to wherein a first seal member is arranged between an inner wall of the first accommodating chamber and the vaporization element and a ventilation channel is defined and formed between the first seal member and the vaporization element or between the first seal member and the inner wall of the first accommodating chamber to provide a path for air to enter the liquid storage chamber because both Qiu and Dai are directed to preventing leakage in aerosol generating devices. Dai teaches a first seal member with a vaporization cavity to prevent leakage [0061] and this merely involves applying a known sealing technique to a known aerosol generating device ready for improvement to yield predictable results.
Claims 14, 15, 17, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (US 20180303166 A1), Liu (US 20170325504 A1), and Dai (CN 212852492 U), as applied to claims 1, 6, 11, and 13, further in view of Yuan (CN 210782908 U, hereinafter citations referring to English language equivalent US 20220240572 A1).
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With regard to Claim 14, Qiu teaches wherein (i) the heating element (Fig. 4: #153) and a liquid guiding element (Fig. 4: #154) are intertwined together and the liquid guiding element may be made of porous material [0061]. Modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
An air bubble guide part configured to guide air from the ventilation channel or air bubbles formed by the air into the liquid storage chamber in a direction away from the liquid absorbing surface
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Yuan, directed to an atomizer and electronic cigarette, teaches a bubble guiding portion (Fig. 6: #54) to guide air emerging from an e-liquid absorbing surface towards the liquid storage chamber [0039] to keep balanced pressure inside the liquid storage chamber [0039] and provide uniform absorption of e-liquid at the e-liquid absorbing surface [0005].
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 liquid storage chamber of modified Qiu to wherein an air bubble guide part configured to guide air from the ventilation channel or air bubbles formed by the air into the liquid storage chamber in a direction away from the liquid absorbing surface because both Qiu and Yuan are directed to improving atomization of absorbed aerosol generating liquid. Yuan teaches a bubble guiding portion to keep balanced pressure inside the liquid storage chamber [0039] and provide uniform absorption of e-liquid at the e-liquid absorbing surface [0005] and this merely involves applying a known bubble guide to a known aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 15, Modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein the air bubble guide part is a part of the first seal member
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Yuan teaches wherein the bubble guiding portion (Fig. 6: #54) may be connected with a sealing base (Fig. 6: #51) to create a whole, so as to keep the bubble guiding portion steady [0042]. One of ordinary skill in the art would have found it obvious to modify the first seal member of modified Qiu to comprise the air bubble guide part to prevent buildup that does not allow liquid to be supplied to the absorbing surface [0043] and improve stabilization of the device [0042].
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 first seal member of modified Qiu to comprise the air bubble guide part because both Qiu and Yuan are directed to improving atomization of absorbed aerosol generating liquid. Yuan teaches a bubble guiding portion that may be whole with a sealing base to prevent buildup that does not allow liquid to be supplied to the absorbing surface [0043] and improve stabilization of the device [0042] and this merely involves applying a known component combination technique to a known aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 16, Modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein the air bubble guide part is configured as extending from a body of the first seal member toward the liquid storage chamber
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Yuan teaches wherein the bubble guiding portion (Fig. 6: #54) comprises a bubble guiding surface (Fig. 6: #53) extending up from the sealing base (Fig. 6: #51). When bubbles reach the bubble guiding surface (Fig. 6: #53), they are guided upwards to enter the e-liquid storage chamber (Fig. 5: #11, [0041]), which can prevent the bubbles from accumulating and affecting the absorption of e-liquid [0041].
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 air bubble guide part of modified Qiu to be configured as extending from a body of the first seal member toward the liquid storage chamber because both Qiu and Yuan are directed to improving atomization of absorbed aerosol generating liquid. Yuan teaches a bubble guiding portion that that guides bubbles upward toward a liquid storage chamber to prevent buildup that does not allow liquid to be supplied to an absorbing surface [0041 &0043] and this merely involves applying a known guiding technique to a known aerosol generating device ready for improvement to yield predictable results.
With regard to Claim 17, Modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
Wherein the air bubble guide part is provided with an axially extending air guide channel
The air guide channel communicates an air outlet end of the ventilation channel with the liquid storage chamber
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Yuan teaches (i) wherein an axially extending air channel (Fig. 7: #521) passes through the air bubble guide (Fig. 7: #54). (ii) One end of the air channel (Fig. 7: #521) is in communication with an end part of a smoke transmission pipe (Fig. 7: #30) within the oil storage chamber (Fig. 2: #11, [0047]). One of ordinary skill in the art would have been motivated to modify the air bubble guide part of modified Qiu with the air channel of Yuan to promote movement of aerosol towards a user [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 air bubble guide part of modified Qiu to wherein the air bubble guide part is provided with an axially extending air guide channel and the air guide channel communicates an air outlet end of the ventilation channel with the liquid storage chamber because both Qiu and Yuan are directed to improving the quality of air delivered to a user. Yuan teaches an air channel provided with the air bubble guide to promote movement of aerosol towards a user [0047] and this merely involves applying a known flow path to a known aerosol generating device ready for improvement to yield predictable results.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu (US 20180303166 A1), as applied to claim 1, further in view of Wei (CN 114304744 A, hereinafter citations referring to English Machine Translation).
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With regard to Claim 18, Qiu teaches (i) wherein the base assembly (Fig. 2: #13) comprises a base (Fig. 2: #131, [0043]), meeting the claim limitation of a bracket. (ii) The top part of the base (Fig. 2: #131) is connected to a fixing member (Fig. 2: #141) of the liquid storing assembly (Fig. 2: #14, [0048-0049]). (ii) The base (Fig. 2: #131) comprises first air inlets (Fig. 2: #1312, [0046]), that are in communication with the air outlet channel (Fig. 4: #1423), through other inlets of the device [0064]. Modified Qiu teaches all the limitations of the claims as set forth above, however modified Qiu is silent to:
A third seal member arranged at a proximal end of the bracket
Wherein the third seal member has a third vent hole for air to enter the interior of the liquid storage part
Wherein the third vent hole is staggered from the first vent hole
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Wei, directed to an atomizer and aerosol generating device, teaches (i) a sealing element (Fig. 17: #120) arranged at a proximal end of the bracket (Fig. 17: #300). (ii) The sealing element (Fig. 17: #120) comprises a vent hole (Fig. 2: #121) which is connected to a liquid storage chamber [0084]. (iii) The vent hole (Fig. 2: #121) is offset from an air outlet (Fig. 17: #3061) of a ventilation groove (Fig. 17: #306) of the bracket (Fig. 17: #300) to avoid aerosol generating substrate from entering the ventilation channel from the vent hole [0085].
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 bracket of modified Qiu to comprise a third seal member arranged at a proximal end of the bracket, the third seal member has a third vent hole for air to enter the interior of the liquid storage part, and the third vent hole is staggered from the first vent hole because both Qiu and Wei are directed to prevent leakage of substrate in the airflow path. Wei teaches a sealing element comprising a vent hole, offset from an air outlet to avoid aerosol generating substrate from entering the ventilation channel from the vent hole [0085] and this merely involves applying a known sealing technique to known 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.
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/O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755