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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to because fig. 1 has an underlined reference character “10” without a proper justification provided in either 37 CFR 1.84(p)(3) or (q). This reference character should have its underline removed, and it should be given an arrow (as per 37 CFR 1.84(r)(1)) to point to the entirety of the structure shown in the figure.
The drawings are objected to because fig. 2 has an incomplete, cut-off line at the bottom.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claims 1, 4–6, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Qiu et al. (WO 2019-028742 A1, cited by Applicant, translation provided by the Office).
Claim 1: Qiu discloses a vaporizer, comprising:
an infrared radiator (40, 41, 44) configured to radiate heat; and
a vaporization core (10) comprising an accommodating cavity (50) configured to accommodate the infrared radiator, the vaporization core having a vaporization surface (60) defining a boundary of the accommodating cavity (see fig. 3),
wherein an entirety of the vaporization surface is arranged around the infrared radiator (appreciable from fig. 3), and
wherein a gap is formed between the vaporization surface and the infrared radiator (ibid.).
Claim 4: Qiu discloses that the infrared radiator comprises a first end (e.g. the bottom end of 44 in fig. 3) and a second end (e.g. the top end of 44 in fig. 3) arranged opposite each other, both the first end and the second end being fixed ends (at least fig. 3 gives every reason to conclude that the ends are fixed, e.g. they are not attached any movable or flexible parts).
Claim 5: Qiu discloses that a central axis of the accommodating cavity is a straight line (the structure shown in fig. 5 is cylindrical).
Claim 6: Qiu discloses that an air inlet channel (302) and an inhalation channel (the upper part of 50 in fig. 3), both in communication with an outside (as a personal vaporizer, necessarily), are arranged on the vaporizer, wherein the accommodating cavity is in communication between the air inlet channel and the inhalation channel (clearly evident from fig. 3), and wherein central axes of the air inlet channel, the inhalation channel, and the accommodating cavity are straight lines coinciding with each other (evident from the overall cylindrical shape shown in fig. 3).
Claim 10: Qiu discloses an electronic vaporization device, comprising:
a power supply assembly (107) and the vaporizer of claim 1 (see the rejection of claim 1 above), wherein the vaporizer is connected to the power supply assembly (“the heating element 44 generates heat under the electric driving of the power supply device 107”).
.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2, 3, 7, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu.
Claim 2: Qiu discloses that a cross-sectional size of the gap is constant (see fig. 3).
Qiu does not disclose that the size of the gap is in a range of 0.5 mm to 3.0 mm.
However, before the effective filing date of the claimed invention, it would have been obvious to determine the appropriate size of the gap, including finding a gap within the claimed range of 0.5 mm to 3.0 mm, as it is a result-effective variable, where the gap must not be too large as it would prevent enough heat and radiation from reaching the target, nor be too small as it could overheat the aerosol material and/or interfere with the air guide member 50.
Claim 3: Qiu discloses that the infrared radiator comprises a spiral structure formed by winding a line (see 44 in fig. 3).
Qiu does not disclose that a cross-sectional size of the line is in a range of 0.1 mm to 0.4 mm, and a spiral diameter of the spiral structure is in a range of 3 mm to 6 mm.
However, before the effective filing date of the claimed invention, one of ordinary skill in the art would have understood that the cross-sectional size of the line was a result-effective variable that would determine the amount of heat and radiation output by the heating element, and further would have understood that the spiral diameter of the spiral structure was a result-effective variable relevant both to the gap discussed for claim 2 as well as the amount of heating wire material being put into the vaporization core to deliver enough heat output, such that the claimed values would likely be arrived at.
Claim 7: Qiu discloses that operating stages of the infrared radiator comprise a start-up stage (“heating mode”) and a vaporization stage (“warm mode”) following the start-up stage, wherein a start-up temperature of the infrared radiator in the start-up stage is greater than a vaporization temperature in the vaporization stage (clearly appreciable from the aforementioned terminology).
Qiu does not disclose that the start-up temperature is in a range of 350° C. to 700° C., and wherein the vaporization temperature is in a range of 300° C. to 350° C.
However, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to determine the appropriate temperatures for the start-up temperature and vaporization temperature of Qiu, including the values claimed, by routine experimentation since they are result-effective variables. The start-up temperature must be high enough to quickly heat the device up for vaporization, but not burn the vaporization material, and the same applies to the vaporization temperature.
Comment: Kim (KR 2019-0028590 A) and Taschner et al. (US 2018/0000160, ¶ 63) both disclose personal vaporizers with start-up and vaporization temperatures within the claimed ranges.
Claim 8: Qiu does not disclose that a duration of the start-up phase is in a range of 0.1 s to 0.2 s.
However, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to seek to make the start-up phase as fast as possible to heat soak the system so that a stable vaporization temperature for usage can be quickly and conveniently achieved. As a result-effective variable, it would have been obvious to one of ordinary skill in the art to understand the time it would take to supply an according amount of power from the power source to heat the heater to a desired temperature to adequately vaporize the substrate.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu as applied to claim 1 above, and further in view of Yang et al. (CN 111685386 A, cited by the Office, with translation).
Qiu does not disclose a shell assembly; a liquid inlet member; and a liquid guide member, wherein the liquid inlet member is connected to the shell assembly, wherein a liquid storage cavity is formed between the liquid inlet member and the shell assembly, wherein the liquid guide member is pressed between the liquid inlet member and the vaporization core, and wherein a liquid inlet hole in communication with the liquid storage cavity and configured to transmit a to-be-vaporized medium to the liquid guide member is arranged on the liquid inlet member.
However, Yang discloses a similar apparatus with a shell assembly (30);
a liquid inlet member (15); and
a liquid guide member (between 15 and 14 in fig. 1),
wherein the liquid inlet member is connected to the shell assembly (see fig. 1),
wherein a liquid storage cavity is formed between the liquid inlet member and the shell assembly (evident from “oil storehouse 30”),
wherein the liquid guide member is pressed between the liquid inlet member and analogous a vaporization core (appreciable from 12, 14, and 15 in fig. 1), and
wherein a liquid inlet hole (where 15 is housed between 20 and 50 in fig. 1) in communication with the liquid storage cavity and configured to transmit a to-be-vaporized medium to the liquid guide member is arranged on the liquid inlet member.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to employ the infrared radiator and vaporization core of Qiu in the atomizer of Yang to deliver the aerosolizable substrate in an improve manner, as described in Yang.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John J. Norton whose telephone number is (571) 272-5174. The examiner can normally be reached 9:00 AM to 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Edward (Ned) F. Landrum can be reached at (571) 272-8648. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN J NORTON/Primary Examiner, Art Unit 3761
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