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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-4 in the reply filed on 11/13/25 is acknowledged. Claims 5-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/13/25.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qiu (CN111184266A) (claims are mapped to the English translation provided).
Claim 1. Qiu discloses an electronic cigarette comprising a cartridge 10 for storing e-liquid. The cartridge 10 includes a cartridge housing 11 (main body assembly), an atomizing head 12 (heating assembly), a vent pipe 13 and a sealing member 14. The atomizing head 12 is arranged at the lower end of the cartridge housing 11, and the sealing member 14 is sealed and arranged on the upper end of the cartridge housing 11 (wherein the sealing member 14 covers the opening of the cartridge housing 11). A smoke outlet 141 is provided in the middle of the sealing member 14. The vent pipe 13 is arranged in the cartridge housing 11 along the axial direction of the cartridge housing 11. The upper end of the vent pipe 13 is connected with the sealing member 14 and communicates with the smoke outlet 141. Specifically, the upper end of the vent pipe 13 is inserted into the smoke outlet 141. The lower end of the vent pipe 13 is connected with the atomization head 12 and communicates with the atomization head 12. A liquid storage cavity 111 for storing smoke liquid is formed inside the cartridge housing 11. The liquid storage cavity 111 is defined by the space between the vent pipe 13, the cartridge housing 11, the atomizing head 12 and the sealing member 14 ([88]; Figures 1-8). The atomizing head 12 (heating assembly) includes a heating device 121 and a fixing bracket 122, and the heating device 121 is installed on the fixing bracket 122. The heating device 121 is used to suck the smoke liquid from the liquid storage cavity 111 and heat the smoke liquid to atomize the smoke liquid, and the formed smoke is discharged through the ventilation pipe 13 and the smoke outlet 141 for the user to inhale ([89]; Figures 1-8). The heating device 121 may include a liquid absorbing member 123 and a heating member 124 arranged in cooperation with the liquid absorbing member 123. The liquid absorbing member 123 is respectively communicated with the liquid storage cavity 111 ([90]; Figures 1-8). The cartridge 10 further includes a top cover 15 (mouthpiece assembly) which is arranged on the upper end of the cartridge housing 11 (main body assembly) and covers the sealing member 14. The top cover 15 is provided with a smoke outlet 151 (passage). The user can perform a sucking action through the top cover 15. In this embodiment, there are two smoke outlets 151 provided on the top cover 15 and they are arranged symmetrically ([97]; Figures 1-8). The sealing member 14 may be made of a soft material with elastic deformation ability, and may be a highly elastic polymer, such as rubber or silicone. The sealing member 14 may also be made of a self-healing material. The function of the sealing member 14 is to seal the liquid storage cavity 111 and prevent the smoke liquid in the liquid storage cavity 111 from leaking during transportation, storage or use. Moreover, the seal 14 is also used to pierce the seal 14 through the liquid injection needle 61 after the cartridge 10 is assembled to inject smoke liquid into the liquid storage cavity 111, and automatically recover after the liquid injection needle 61 is pulled out to seal the liquid storage chamber 111 again ([99]; Figures 1-8).
Claims 2 and 3. Qiu discloses that the sealing member 14 may be made of a soft material with elastic deformation ability, and may be a highly elastic polymer, such as rubber or silicone. The sealing member 14 may also be made of a self-healing material. The function of the sealing member 14 is to seal the liquid storage cavity 111 and prevent the smoke liquid in the liquid storage cavity 111 from leaking during transportation, storage or use ([99]; Figures 1-8). The sealing member 14 is provided with a blind hole 142 (self-sealing port) on both sides of the smoke outlet 141, and the position of the blind hole 142 corresponds to the position of the smoke outlet 151 provided on the top cover 15 (wherein the blind holes 142 (self-sealing port) are aligned with the smoke outlets 151 (passage) and together form a filling channel) ([100]; Figures 1-8). The seal 14 is pierced with the liquid injection needle 61 (needle portion of a filling device) after the cartridge 10 is assembled to inject smoke liquid into the liquid storage cavity 111, and automatically recover after the liquid injection needle 61 is pulled out to seal the liquid storage chamber 111 again ([99]; Figures 1-8).
Claims 1 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rado (WO2020/232415A1).
Claim 1. Rado discloses a personal vaporizer 50 comprising a mouthpiece 56 with a mouthpiece opening 58 wherein liquid vaporizing media M can be injected by a filling needle 200 through the mouthpiece opening 58 (0076]-[0077]; Figures 7 and 8). Mouthpiece 56 comprises a cap or top 174 and insert 170 (together forming a mouthpiece assembly) and a seal 172 (sealing member). The insert 170 comprises a center aperture 175 configured to fit complementarily over the center post 120 so that an engagement surface 176 of the center aperture 175 sealingly engages the center post 120 ([0071]; Figures 7 and 8). A distal portion of the insert 170 is configured to fit into the tank space 80. The seal 172 extends over the insert 170 so that a distal end of the seal 172 engages a proximal side of an insert flange 178 that extends radially outwardly from the insert 170. The seal 172 is configured to sealingly engage the proximal end of the tank wall 74, as well as the insert 170 ([0072]; Figures 7 and 8). The vaporizer 50 comprises a tank wall 74 (main body assembly) and tank space 80 (liquid storage cavity) is defined between the tubular tank wall 74 and the center post 120 ([0069]; Figures 7 and 8). A heating element 126 draws vaporizing media M from the tank space 80 through the feed holes 149 and atomizes such media M in the vaporization chamber 136 ([0081]; Figure 10). Liquid vaporizing media M will then be injected by the filling needle 200 through the mouthpiece opening 58. Such media M injected by a filling needle 200 will be directed to the proximal opening 202 of the center post 120, through the center post filling path 160 and out of the first side opening 162 into the insert filling space 190, through which it will flow distally and then into the tank space 80 to fill the tank 60 ([0076]; Figures 7 and 8 wherein the mouthpiece opening 58 through the filling path 160 define a passage).
Claim 4. Rado discloses that the heating element 126 is connected to hollow tube/center post 120 (guide) which extends into the passage of the mouthpiece assembly. The seal 172 (sealing member) includes an aperture through which hollow tube/center post 120 (guide) extends from the tank wall 74 (main body assembly) into the mouthpiece assembly (Figures 7-10).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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/KATHERINE A WILL/Primary Examiner, Art Unit 1747