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 § 112
Claim 9 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 9 recites the limitation "the second conductive member" in line 2. There is insufficient antecedent basis for this limitation in the claim. Although Claim 9 depends from Claim 8 (which in turn depends from Claim 1), this element was not previously introduced in either Claim 8 or Claim 1. Consequently, the boundaries of the claim are unclear, rendering Claim 9 indefinite.
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, 8 and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by WU (US 20230248059 A1) .
Regarding claim 1, Wu teaches a vaporizer (Figure 1, element 100), comprising: a vaporization cartridge (Figure 3A, element 300), comprising: a cartridge tube (Figure 3A, element 310) provided with a liquid storage cavity (Figure 3A, element 314); and a vaporization assembly (Figure 3A, element 360) inserted in the cartridge tube (Figure 3A), a part of the vaporization assembly being located in the liquid storage cavity, a first end (Figure 3B, element 368) of the vaporization assembly being in communication with an outside (Figure 3A-B), a second end of the vaporization assembly being provided with a connection portion (Figure 3A-B, element 362), a mouthpiece component (Figure 3A-B, element 312), the vaporization cartridge being mounted in the mouthpiece component (Figure 3A) so as to enable aerosols generated by the vaporization cartridge to flow out through the mouthpiece component ([0035]); and a connector (Figure 6A, element 662) separately fitted to the connection portion and the mouthpiece component so as to enable the vaporization cartridge to be mounted in the mouthpiece component (Figure 3A, [0023]- [0024]).
Regarding Claim 8, Wu teaches the vaporizer of claim 1.
Wu also teaches a mouthpiece component (Figure 3A-C, element 314) comprising a first end and a second end opposite each other (see annotated Figure 3C of Wu, above), wherein the mouthpiece component is provided with an air passage (element 316) and an accommodating cavity connected to and communicating with each other (see annotated Figure 3C of Wu, above), the air passage running through the first end of the mouthpiece component to communicate with the outside, the accommodating cavity running through the second end of the mouthpiece component, and at least part of the vaporization cartridge extending into the air passage (Figure 3A-C, [0034]- [0037]).
Regarding claim 10, WU teaches an aerosol generating device ([0019], [0023] & [0024]), comprising: a vaporizer (Figure 1, element 100), comprising: a vaporization cartridge (Figure 3A, element 300), comprising: a cartridge tube (Figure 3A, element 310) provided with a liquid storage cavity (Figure 3A, element 314); and a vaporization assembly (Figure 3A, element 360) inserted in the cartridge tube (Figure 3A), a part of the vaporization assembly being located in the liquid storage cavity, a first end (Figure 3B, element 368) of the vaporization assembly being in communication with an outside (Figure 3A-B), a second end of the vaporization assembly being provided with a connection portion (Figure 3A-B, element 362), a mouthpiece component (Figure 3A-B, element 312), the vaporization cartridge being mounted in the mouthpiece component (Figure 3A) so as to enable aerosols generated by the vaporization cartridge to flow out through the mouthpiece component ([0035]); and a connector (Figure 6A, element 662) separately fitted to the connection portion and the mouthpiece component so as to enable the vaporization cartridge to be mounted in the mouthpiece component (Figure 3A, [0023]- [0024]).
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.
Claim(s) 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over WU (US 20230248059 A1) as applied to claim 1 above, and further in view of Peng (CN 113243561 A), hereinafter referring to English Translation.
Regarding Claim 2, Wu teaches the vaporizer of Claim 1 wherein the cartridge tube comprises: a housing comprising a first end and a second end opposite each other (see annotated Figure 3C, below).
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Annotated Figure 3C of Wu
Wu does not explicitly disclose a plugging member disposed at the first end of the housing to form a liquid storage cavity. Peng (CN 113243561 A), hereinafter referring to English Translation, teaches a sealing plug (Figure 2, element 120), the first end of the heating component (Figure 4, element 300) passing through the sealing plug (Figure 1), and the sealing plug, the inner wall of the cartridge tube, and the outer wall of the heating component together forming the liquid storage cavity (Figure 1). Therefore, it would have been obvious to one of ordinary skills in the art at the time of invention to incorporate the sealing plug of Peng into the device of Wu. One would be motivated to do so to provide a fluid-tight seal for the liquid storage cavity, thereby preventing leakage. Such a modification represents the predictable application of a known sealing element to a similar vaporizer housing to achieve the established function of liquid containment.
Regarding Claim 3, Wu modified by Peng teaches the vaporizer of claim 2. Wu also teaches a vaporization assembly (Figure 3A, element 360) comprising a vent tube (see annotated Figure 3C of Wu, above), a first end of the vent tube passing through the plugging member (Figure 6A-B), a second end of the vent tube extending out of the housing through the second end of the housing (Figure 3A-C), the connection portion (Figure 3A-B, element 362) being formed at the second end of the vent tube and located outside the housing; and a heating component (Figure 3A-C, element 340) mounted in the vent tube (see annotated Figure 3C of Wu, above), the heating component being configured to heat a vaporization medium in contact with the heating component in the liquid storage cavity to form aerosols ([0035]). By modifying Wu’s design to incorporate a sealing plug of Peng at the first end of the housing in claim 2, the first end of the vent tube passes through the plugging member.
Claim(s) 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Wu (US 20230248059 A1), and further in view of Peng (CN 113243561 A), hereinafter referring to English Translation, and Ou et al. (US 20230329346 A1).
Regarding Claim 4, Wu (as modified by Peng) teaches the vaporizer of claim 3.
Wu also teaches the vent tube comprising a first tube section and a second tube section connected to each other (see annotated Figure 6A of Wu, below), wherein the first tube section passes through the plugging member (Figure 6A), wherein a part of the structure of the second tube section extends out of the housing through the second end of the housing (Figure 3A-C), wherein a through hole (Figure 6B, element 632) communicated with the liquid storage cavity ([0042]-[0044]) is provided in an upper surface of the second tube section located in the liquid storage cavity, wherein the heating component (Figure 3A-C, element 340) is mounted in the second tube section and corresponds to the through hole, and wherein the connection portion is formed on the part of the second tube section extending out of the housing (Figure 3A).
While Wu does not explicitly teach a through hole is provided in a side wall of the second tube section, Ou et al. discloses a through hole in a side wall of the second tube section (Figure 6, element 122) to facilitate communication with the liquid storage cavity (Figure 5, element 130).
Therefore, it would have been obvious to one of ordinary skills in the art before the filing date of an invention to incorporate the side-wall through hole of Ou et al. into the vaporizer of Wu. This modification represents the mere application of a known venting structure to a nearly identical device to achieve predictable result of establishing fluid communication.
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Annotated Figure 6A of Wu
Regarding Claim 5, Wu (as modified by Peng and OU) teaches the vaporizer of claim 4.
Wu further teaches the heating component comprising an absorption member (Figure 3A-C, element 342) and a heating element (Figure 3A-C, element 340, [0033]), the absorption member being disposed about the outer surface of an atomizer ([0021]) and located between an outer wall of the atomizer and an inner wall of the second tube section (Figure 3A), and wherein the heating element is accommodated in the second tube section, and wherein the heating element is configured to heat the vaporization medium in the absorption member to generate aerosols ([0035]).
Regarding Claim 6, Wu (as modified by Peng and OU) teaches the vaporizer of claim 5.
Wu discloses a heating element (Figure 5, element 530) comprising two electrodes (Figure 5, element 545) spaced apart from each other, and the connection portion comprising a first conductive member (Figure 6A-B, element 662, [0056]).
Wu does not explicitly disclose a second conductive member disposed in the connection portion and electrically insulated from the first conductive member, one of the two electrodes being electrically connected to the first conductive member, and another of the two electrodes being electrically connected to the second conductive member. However, Ou et al. teaches a vaporization cartridge comprising a second conductive member (Figure 10, element 15a) disposed in a connection portion (Figure 10) and electrically insulated from the first conductive member ([0089]). Ou further teaches the first and second electrodes being electrically connected to the first and second conductive members, respectively (Figure 10, [0089]).
Therefore, it would have been obvious to one of ordinary skills in the art before the filing date of an invention to modify the vaporizer of Wu to include the second conductive member and electrical configuration as taught by Ou et al. to provide reliable insulated path to heat the heating element while preventing short circuits. One of ordinary skill in the art would have been motivated to combine these teachings because both references are directed to a similar vaporization device. The modification represents the predictable application of known electrical connection structures to achieve the same functional result of delivering power to a heating element.
Regarding Claim 7, Wu (as modified by Peng and OU) teaches the vaporizer of claim 6.
Wu lacks a disclosure of a vaporization cartridge featuring a first insulator sleeved on the second conductive member to provide isolation between the first and the second conductive members.
Ou et al. specifically discloses a vaporization cartridge comprising a first insulator (Figure 10, element 16a) sleeved on a second conductive member and positioned between the first conductive member (Figure 10, element 11a) and second conductive member (Figure 10, element 15a) to provide electrical insulation ([0089]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to incorporate the insulating sleeve of Ou et al. into the device of Wu (as modified by Peng). Such an implementation would be a predictable application of known elements to prevent short-circuiting, thereby improving the overall safety and functional reliability of the vaporization cartridge.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wu (US 20230248059 A1), in view of Ou et al. (US 20230329346 A1).
Regarding Claim 9, Wu teaches the vaporizer of claim 8.
Wu does not teach a third conductive member disposed in the connector, the second conductive member of the vaporization cartridge being electrically connected to the third conductive member; and a second insulator sleeved on the third conductive member and located between the third conductive member and an inner wall of the connector so as to insulate the third conductive member from the connector.
Ou et al. teaches a third conductive member (Figure 21, element 15b) disposed in the connector, the second conductive member (Figure 21, element 1414d) of the vaporization cartridge being electrically connected to the third conductive member ([0140]); and a second insulator (Figure 21, element 143d) sleeved on the third conductive member and located between the third conductive member and an inner wall of the connector so as to insulate the third conductive member from the connector (Figure 21).
Therefore, it would have been obvious to one of ordinary skills in the art before the filing date of invention to modify the vaporization cartridge of Wu to incorporate the third conductive member and a second insulator as taught by Ou et al. in order to ensure stable electrical transmission and prevent short circuiting between the conductive components and the connector housing. Incorporating such insulating and conductive structures is a known technique in the art of electronic vaporizer to maintain electrical safety
Conclusion
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/PRADEEP PAUDEL/Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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