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 § 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) 1-13 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Chen (WO 2018223290 A1), hereafter referring to the attached machine English Translation.
Regarding Claim 1, Chen discloses an atomizer for electronic cigarettes, comprising a shell (Figure 1, element 13); an outer tube (Figure 5, element 122) disposed in the shell; and an inner tube (Figure 5, element 121) disposed in the outer tube (Figure 9), wherein an inhalation opening is formed at an end of the shell (see annotated Figure 3 below), wherein a main airway in communication with the inhalation opening is formed inside the inner tube (Figure 3), and wherein an auxiliary airway (Figure 9, element 123) in communication with the inhalation opening is formed between the outer tube and the inner tube ([0049]).
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Annotated Figure 3 of Chen
Regarding Claim 2, Chen teaches the elements of Claim 1.
Chen also teaches an auxiliary airway comprises at least one air guide groove (Figures 7 & 9, element 1218) that is recessed and formed in an outer wall surface of the inner tube and/or an inner wall surface of the outer tube (Figure 9).
Regarding Claim 3, Chen teaches the elements of Claim 2.
Chen also teaches the auxiliary airway (Figure 9, element 123) comprises an annular airflow channel formed between an outer wall surface of the inner tube and an inner wall surface of the outer tube (Figure 9).
Regarding Claim 4, Chen teaches the elements of Claim 3.
Chen also teaches a vaporization assembly (Figure 3, element 15) disposed in the shell and is in communication with the main airway (Figure 3, [0045]).
Regarding Claim 5, Chen teaches the elements of Claim 4.
Chen also teaches a liquid storage cavity (Figure 3, element 14) is formed between the shell and the outer tube, and wherein the vaporization assembly (Figure 3, element 15) is at least partially disposed in the inner tube and is in communication with the liquid storage cavity (Figure 3, [0047]).
Regarding Claim 6, Chen teaches the elements of Claim 5.
Chen also teaches at least one first liquid inlet in communication with the liquid storage cavity is formed in the outer tube (Figure 5, element 1224, [0048]), and wherein at least one second liquid inlet that communicates the at least one first liquid inlet with the vaporization assembly is formed in the inner tube (Figure 5, element 1215, [0048]).
Regarding Claim 7, Chen teaches the elements of Claim 1.
Chen also teaches an air inlet channel (Figure 4, element 114) is formed in the shell, wherein two ends of the main airway are respectively in communication with the air inlet channel (Figure 4, element 114) and the inhalation opening, and wherein two ends of the auxiliary airway (Figure 9, element 123) are respectively in communication with the air inlet channel and the inhalation opening ([0049]).
Regarding Claim 8, Chen teaches the elements of Claim 7.
Chen also teaches the shell (Figure 4, element 13) comprises a liquid storage shell (see annotated Figure 3 above) and a base (Figure 4, element 11) disposed at a lower end of the liquid storage shell (Figure 3), and wherein the air inlet channel is formed in the base (Figure 4, element 114).
Regarding Claim 9, Chen teaches the elements of Claim 8.
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Chen also teaches a first mounting hole (see annotated Figure 4, element 112) that is concave downward is formed in a top surface of the base (Figure 4, element 11), and wherein lower ends of the outer tube and the inner tube are both accommodated in the first mounting hole (Figure 3, [0045]).
Annotated Figure 4 of Chen
Regarding Claim 10, Chen teaches the elements of Claim 9.
Chen also teaches a support surface (Figures 3 & 4, element 111) is provided at a bottom of the first mounting hole (see annotated Figure 4 above), wherein lower end surfaces of the outer tube and the inner tube both abut against the support surface (Figure 3, [0045]), and wherein at least one vent opening (Figure 5, element 1218) that communicates the air inlet channel with the auxiliary airway is formed in the inner tube ([0049]).
Regarding Claim 11, Chen teaches the elements of Claim 8.
Chen also teaches the shell comprises a suction nozzle (Figure 2, element 20) disposed at an upper end of the liquid storage shell (Figure 3), wherein an air outlet hole is formed in the suction nozzle (Figure 3, element 1210, [0053]), and wherein the inhalation opening is formed at an outlet (Figure 3, element 21) at an upper end of the air outlet hole.
Regarding Claim 12, Chen teaches the elements of Claim 11.
Chen also teaches upper ends of the outer tube (Figure 9, element 122) and the inner tube (Figure 9, element 121) both extend into the air outlet hole (Figure 3, element 21).
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 13 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (WO 2018223290 A1) in view of Liu et al. (WO 2022041063 A1).
Regarding Claim 13, Chen teaches the elements of Claim 1 but remains silent regarding an airflow sensor in communication with the auxiliary airway and the main airway. However, Liu et al. teaches an airflow sensor (Figure 1b, element 2 of English equivalent US 2023/0189892) in communication with a start channel (Figure 2, element 1; [0045]), which includes a first airway section (Figure 2, element 11) and second airway section (Figure 2, element 12; [0050]).
Therefore, it would have been obvious to one of ordinary skill in the art to modify the device of Chen to include an airflow sensor in communication with the auxiliary airway and the main airway, as taught by Liu et al. One of ordinary skill in the art would have been motivated to combine these teachings because air sensor detects changes in air pressure to initiate a heating function.
Conclusion
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/PRADEEP PAUDEL/Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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