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 .
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, 3-6, and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 218219134) in view of Ouyang (US 20200077704).
Regarding claim 1, Zhang discloses an aerosol generating device (atomizing device, Fig. 1-3), comprising:
an outer housing (see outer shell 1), and
an inner housing and an atomizing assembly disposed in the outer housing (see inner shell 2 with heating element 6),
wherein a first liquid storage space is formed between the outer housing and the inner housing (see atomizing liquid storage chamber 3),
a second liquid storage space is formed in the inner housing (see space for buffer liquid storage cotton 10),
a hole is disposed on the inner housing to communicate the first liquid storage space with the second liquid storage space (see liquid inlet 7, which connects first space 3 with space containing storage cotton 10, [0051]),
the atomizing assembly is disposed in the inner housing (see heating element 6 in Fig. 2), and
at least a part of the outer housing is made of a transparent or translucent material (outer casing 1 is made of transparent material, so the remaining amount of atomizing liquid in the atomizing liquid storage chamber 3 can be directly observed from the outside of the outer shell 1; [0035-0036]).
Zhang discloses a sealing ring (see outer shell sealing ring 18) located in a fixing structure of an extension segment of the inner housing (see Fig. 2, 3; the structure is substantially similar to the instant invention). As to the groove formed in the inner surface of the outer housing and a convex structure formed on the sealing ring, Zhang illustrates the sealing ring as having convex bumps in Figs. 2, 3 that face and engage with the inner wall of the outer housing. These convex portions suggest a corresponding groove is formed in the inner wall of the outer housing (see annotated Fig. 3 and compare with the instant invention's Fig. 1 with sealing ring 7). Additionally, Ouyang, similarly directed towards a vaporizer, teaches providing an engaging groove on a wall opposite a sealing ring so that the ring is interference fit when engaged with the groove ([0007]).
CN218219134, Fig. 2
Instant Invention's Fig. 1
PNG
media_image1.png
448
625
media_image1.png
Greyscale
PNG
media_image2.png
237
411
media_image2.png
Greyscale
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the inner surface of the outer housing with a groove which engages with a convex portion of the sealing ring since (1) Zhang illustrates the sealing ring as having convex bumps in Figs. 2, 3 that face and engage with the inner wall of the outer housing thus suggesting a corresponding groove is formed in the inner wall of the outer housing (see annotated Fig. 3); and (2) Ouyang, similarly directed towards a vaporizer, teaches providing an engaging groove on a wall opposite a sealing ring so that the ring is interference fit when engaged with the groove ([0007]).
Regarding claim 3, Zhang's inner and outer housing have substantially rectangular shapes. While Zhang does not disclose a square, elliptical, rugby-ball, spherical, epsilon, or heart shaped structures, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to configure the inner/outer housings with shape as claimed since it has been held that a mere change in shape of an element is generally recognized as being within the level of ordinary skill in art when the change in shape is not significant to the function of the combination. See MPEP 2144.04. Further, one would have been motivated to select a shape for aesthetic design and appeal.
Regarding claim 4, Zhang discloses a suction nozzle (see nozzle 5), an atomizing tube disposed in the inner housing (liquid guiding tube sleeved on tubular liquid-guiding cotton 8, [0046]), the atomizing assembly disposed in the atomizing tube (see heating element 6 in Fig. 2), wherein an end of the atomizing tube is connected to the suction nozzle (see Figs. 2-3; [0043,0046]; liquid guiding tube sleeved on the guiding cotton extends to end of airway) and a liquid inlet hole is disposed on the atomizing tube to communicate with the second liquid storage space ([0046]).
Regarding claim 5, Zhang discloses a battery mounting chamber is disposed in the inner housing (see cell mounting cavity 12, [0053-0054]).
Regarding claim 6, Zhang discloses the inner housing comprises a liquid storage cup (left side of the housing partition 11 contains atomization space 4 and second liquid storage space for the liquid storage cotton 10; Fig. 2; this is construed as the liquid storage cup) and a battery mounting chamber separated from the liquid storage cup (see cell mounting cavity 12 with cell 13 arranged therein).
Regarding claim 12, Zhang discloses the outer wall of the inner shell can be designed with unique textures, structures, and logos to give users a better experience and a more creative appearance ([0038]).
Regarding claim 13, Zhang does not expressly disclose straight, oblique, or arc lines; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the decorative layer with lines as claimed since Zhang discloses the outer wall of the inner shell can be designed with unique textures, structures, and logos to give users a better experience and a more creative appearance ([0038]) and lines are well known and conventional design elements for logos and/or textures. One would have been motivated to configure the design based on aesthetic design choice.
Regarding claims 14 and 15, Zhang discloses a sealing member disposed on a side of the second liquid storage space / storage cup close the suction nozzle (see nozzle sealing ring 9; [0033], Fig. 2).
Regarding claim 16, Zhang discloses a battery cell mounting cavity with plugging member (see inner shell bottom cover 14) and a bottom shell disposed on a side of the outer housing away from the suction nozzle (see outer shell bottom cover 15). Zhang does not expressly disclose an air inlet hole in the bottom shell; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the bottom shell with an air inlet since Zhang discloses an air passageway extending through the device (see air passage extending from nozzle through tube 8 in Fig. 2) and given this air passageway requires an air inlet for air to flow through the device, one having ordinary skill in the art would have found it obvious to locate it in the bottom cover since this represents the closest location for providing air to the device.
Regarding claim 17, Zhang discloses a control plate (see circuit board 16) disposed in the bottom shell, a heating element, and liquid guiding structure (see [0005]). Zhang discloses the battery cell is used to supply power to the atomization device ([0054]). Zhang does not expressly disclose the battery and heating element as connected to the control plate; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention since Examiner takes Office Notice that it is well known and conventional to attach the heating element and battery to the controller within vaping devices to enable the controller to control the operation of the device.
Claims 2, 7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 218219134) in view of Ouyang (US 20200077704) as applied to claims above and further in view of Tucker (US 20180184710).
Regarding claims 2, 7, and 8, Zhang does not disclose the inner housing as made of transparent or translucent material; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the inner housing with transparent or translucent material since Tucker, similarly directed towards a vaping device, discloses a vaping device having inner and outer liquid storage spaces (see annulus 6a and 4b) wherein both the inner and outer housing materials are made of transparent or translucent material to allow for the internals of the cartridge to be viewed and, in particular, allow for remaining of level of pre-vapor formulation to be determined ([0075]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 218219134) in view of Ouyang (US 20200077704) as applied to claims above and further in view of Qiu (US 20180020738).
Regarding claim 9, Zhang discloses transparent housing ([0035-0036]) but does not disclose a transparent window with lens; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have substituted the housing with a transparent window since Qiu, similarly directed towards a vaporizer, teaches providing a sidewall of the vaporizer with a window made of transparent or translucent material to allow for liquid in the storage chamber to be observed and to prevent dry burning when liquid is absent or low ([0071]). A person with ordinary skill has good reason to pursue the known option within his or her technical grasp. "A person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but or ordinary skill and common sense." KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 82 USPQ2d 1385 (2007). A person having ordinary skill in the art would have appreciated a window allows for a transparent section without making the entire device house transparent (for example, to hide internal electrical components from view).
Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 218219134) in view of Ouyang (US 20200077704) as applied to claims above and further in view of Nelson (US 20220117310).
Regarding claims 10 and 11, Zhang does not disclose a distance between the inner and outer housing along a radial direction as 0.5 to 5 mm or 1.5 to 5 mm; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the distance between housing as claimed since (1) the distance defines the size of the liquid storage space and capacity of the device and one would have been motivated to configure the size based on the desired number of uses (larger size allows for more vaping/smaller size allows for smaller device) and (2) the size is consistent with conventional reservoir dimensions in vaping devices; for example, Nelson, similarly directed towards a vaporizer, teaches configuring the radial size/width of a reservoir where liquid is contained as 3 to 8 mm ([0102]). One would have motivated to employ conventional reservoir dimensions known to be suitable for vaping devices to ensure an adequate supply of liquid for use.
Response to Arguments
Applicant's arguments filed 8/18/2026 have been fully considered but they are not persuasive. Applicant argues that Zhang does not disclose the amended claim limitations. Zhang disclose the outer shell sealing ring is sheathed to the outer wall of the inner shell, to seal between the inner and outer shell, and there is no corresponding fixing structures provided either on the outer wall of the inner shell or on the inner wall of the outer shell. Additionally, applicant argues that the objective of the sealing ring in Ouyang is to prevent smoke from re-entering the cigarette through a gap between portions whereas the sealing ring of the present application aims to prevent liquid from through the interface between the inner and outer housing. Ouyang fails to disclose or hint such a leak-proof configuration at the lower portions of the inner and outer housings.
Examiner disagrees. Zhang discloses a fixing structure on the extension segment for the sealing ring and a convex structure on the sealing ring facing the inner wall of the outer housing. The illustrations suggest the convex structures extend into a groove of the inner wall of the outer housing similarly to the instant invention's sealing ring as depicted in Fig. 1. Ouyang is further cited for teaching the provision of an engaging groove on a wall opposite a sealing ring so that the ring is interference fit when engaged with the groove ([0007]). Ouyang is similarly concerned with providing a sealing ring to seal a gap at the interface of two structures within the aerosol device and a person having ordinary skill in the art would have found Ouyang's teachings pertinent given the similar structure and function of the sealing rings. It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the inner surface of the outer housing with a groove which engages with a convex portion of the sealing ring since (1) Zhang illustrates the sealing ring as having convex bumps in Figs. 2, 3 that face and engage with the inner wall of the outer housing thus suggesting a corresponding groove is formed in the inner wall of the outer housing (see annotated Fig. 3); and (2) Ouyang, similarly directed towards a vaporizer, teaches providing an engaging groove on a wall opposite a sealing ring so that the ring is interference fit when engaged with the groove ([0007]).
CN218219134, Fig. 2
Instant Invention's Fig. 1
PNG
media_image1.png
448
625
media_image1.png
Greyscale
PNG
media_image2.png
237
411
media_image2.png
Greyscale
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 ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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, Anna Momper can be reached at (571) 270-5788. 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.
/ROBERT C DYE/Primary Examiner, Art Unit 3619
