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 .
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: Figures 1 and 2 does not have element 30 labeled. 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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 2 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xiao (US 20200275712 A1).
Regarding Claim 1, Xiao discloses a liquid-air separation electronic cigarette (Figure 1, element 100a), comprising a liquid storage tank (element 50), a tank base (element 61), and an atomizer core (element 30), wherein the liquid storage tank has a hollow liquid storage cavity (Description: [0043] and [0049]), and the tank base arranged at a bottom of the liquid storage tank to seal a bottom of the liquid storage cavity (Description: [0049]);
wherein the liquid storage tank is provided with a mouthpiece groove at its top, and a mouthpiece (Figure 1, element 10), which is movable up and down along a height direction of the liquid storage tank, is arranged in the mouthpiece groove (Figures 4 & 5, Description: [0042]);
wherein the atomizer core (element 30) is connected to a lower part of the mouthpiece (Figure 1, element 10), a middle part of the atomizer core is provided with a liquid inlet hole (Figure 1, element 612; (Description: [0049]), and a lower part of the atomizer core is provided with an air inlet hole (Figure 2, element 832);
wherein a liquid inlet hole sealing ring (Figure 1, element 91) is arranged above the tank base, and an air inlet hole sealing ring (Figure 1, element 92) is arranged below the tank base; and
wherein when the mouthpiece is lifted upward, the mouthpiece drives the atomizer core upward to allow the liquid inlet hole to communicate with the liquid storage cavity (Description: [0010] & [0046], Figure 5), and the air inlet hole to communicate with an external atmosphere (Description: [0056]), and when the mouthpiece is pressed downward, the liquid inlet hole reaches a position aligned with the liquid inlet hole sealing ring for the sealing of the liquid inlet hole, and the air inlet hole reaches a position aligned with the air inlet hole sealing ring for the sealing of the air inlet hole (Description: [0056], Figure 1).
Regarding Claim 2, Xiao discloses the liquid-air separation electronic cigarette according to claim 1, wherein the atomizer core comprises a heating wire support (Figure 3, element 32, [0042]) and an atomizer core (Figure 1, element 30) cover sleeved on an upper part of the heating wire support (Figure 3, element 32), and wherein the atomizer core cover is provided with the liquid inlet hole (Figure 1, element 612), and the heating wire support is provided with the air inlet hole (Figure 2, element 832).
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.
Claims 3, 4, 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (US 20200275712 A1) in view of Li et al. (US Patent No.: US 10085484 B2).
Regarding Claim 3, Xiao teaches the liquid-air separation electronic cigarette of claim 2, wherein the heating wire support (Figure 3, element 32) has a hollow ignition chamber (Figure 1, element 21), in which an atomization mechanism is arranged ([0049]), and wherein the atomization mechanism includes a heating wire ([0042]). Xiao also teaches a liquid-conducting cotton wrapped around the heating wire (Figure 3, Element 31, [0042]).
Xiao does not teach a multi-layer cotton wrapped around the heating wire.
Li et al. disclose an atomizer (Figure 1, element 10) comprising a multi-layer conducting bodies (Figure 4, element 304, [0025]) wrapped around the heating coil ( Figure 4, element 305).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify a single layer of conducting cotton of Xiao with a multi-layer conducting bodies of Li et al. with reasonable expectation of success because increasing the number of layers of the conducting bodies around the heating coil improves the overall thermal transport rate within the liquid.
Regarding Claim 4, Xiao modified by Li teaches the liquid-air separation electronic cigarette according to claim 3, further Xiao teaches the liquid inlet hole and the air inlet hole are in communication with the ignition chamber (Figure 2; [0050], [0051] and [0056]).
Regarding Claim 5, Xiao modified by Li discloses the liquid-air separation electronic cigarette according to claim 4. Furthermore, Xiao teaches the tank base (Figure 1, element 20b) comprises a tank base cover (Figure 4, element 62), and wherein the tank base cover is provided with a through hole (element 621), through which the atomizer core passes, and the liquid inlet hole sealing ring is arranged in the through hole (Figure 4; [0060).
Regarding Claim 7, Xiao modified by Li teaches the liquid-air separation electronic cigarette according to claim 5. Xiao also teaches the tank base cover is provided with an air inlet hole sealing ring support, in which the air inlet hole sealing ring is arranged (Figure 1; [0009]).
Claim(s) 6, 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (US 20200275712 A1) in view of Li et al. (US Patent No.: US 10085484 B2) as applied to claim 5 above, and further in view of Steinbauer et al. (US Patent No.: US 12579388 B2).
Regarding Claim 6, Xiao modified by Li teaches the liquid-air separation electronic cigarette of claim 5. Xiao also teaches seal rings (Figure 4, element 94) for sealing a connection between the tank base cover and the liquid storage cavity ([0067]).
Xiao does not teach sides of the tank base cover are surrounded by a silicone gasket, which is used for sealing a connection between the tank base cover and the liquid storage cavity.
Steinbauer et al. disclose an apparatus for aerosol delivery (Figure 5A, element 500), wherein sides of the tank base cover are surrounded by a silicone gasket (Figure 5A, element 548, Specification: C31 lines 61-65), which is used for sealing a connection between the tank base cover and the liquid storage cavity (Specification: C34 lines 27-54).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the seal rings material of Xiao with silicone of Steinbauer et al. with reasonable expectation of success to allow secure and leak-proof seal to prevent e-liquid leakage.
Regarding Claim 8, Xiao modified by Li teaches the liquid-air separation electronic cigarette of claim 7. Xiao also teaches a liquid filling hole (Figure 1, element 70, [0043]) communicated with the liquid storage cavity is provided on a side of a liquid storage tank (Figure 1, element 50) and a baffle (Figure 1, element 60) to shield the liquid filing hole ([0047]).
Xiao does not teach a liquid filling silicone plug is installed in the liquid filling hole.
Steinbauer et al. disclose an apparatus for aerosol delivery (Figure 5A, element 500), wherein a liquid filling hole (Figure 5A, element 552) communicated with the liquid storage cavity is provided on a side of the liquid storage tank (Figure 5A, element 112), and a liquid filling silicone plug (Figure 5A, element 548; C31 lines 61-65) is installed in the liquid filling hole.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to substitute the baffle of Xiao for the silicone plug of Steinbauer et al. according to known methods to yield the predictable result of providing a secure and leak-proof seal to prevent e-liquid leakage.
Regarding Claim 9, Xiao modified by Li and Steinbauer teaches the liquid-air separation electronic cigarette according to claim 8, wherein the atomizer core cover (Figure 7, element 84) has an annular groove at its top side (Figure 7, element 8412; [0066]), and an O-ring for sealing is arranged in the annular groove (Figure 13, element 331).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao (US 20200275712 A1) in view of Li et al. (US Patent No.: US 10085484 B2) and Steinbauer et al. (US Patent No.: US 12579388 B2) as applied to claim 9 above, and further in view of Monsees et al. (US Patent No.: US 10244793 B2).
Regarding Claim 10, Xiao modified by Li and Steinbauer teaches the liquid-air separation electronic cigarette of claim 9.
Xiao remains silent about how heating wire is controlled and does not teach a bottom of the heating wire is provided with a PCB board for controlling operation of the heating wire.
Monsees et al. disclose a device for vaporization of a substance (Figure 1, element 10), wherein a bottom of the heating wire (Figure 9, element 105) is provided with a PCB board (Figure 9, element 104) for controlling operation of the heating wire (Figure 9, Specification: C14 Lines 18-50).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the electronic cigarette of Xiao to have the PCB board of Monsees et al. with reasonable expectation of success to allow for controlling operation of the heating wire.
Conclusion
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/PRADEEP PAUDEL/Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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