DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This office action is in response to applicant’s amendments and remarks filed June 26, 2026. Claims 1, 4, 6, and 11 have been amended. Claims 13-14 are new.
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 1-10 and 12-14 is rejected under 35 U.S.C. 103 as being unpatentable over US 20170325289 A1 (hereinafter LIU).
Regarding claim 1, LIU discloses an electronic cigarette and an atomization control method (abstract). LIU discloses a vaporizer (Fig. 1, atomization assembly 1, ¶45), comprising: an electrode column (Fig. 4, an atomization electrode assembly 46, ¶68) comprising a first conductive end surface. LIU discloses that the surfaces of the atomization assembly are conductive (¶9) for transferring signals and power (¶18-¶19). LIU further discloses a vaporization core (Fig. 1, atomization core 4, ¶45) comprising a first end surface electrode; and a conductive connector (as shown in annotated Fig. 8 below side-by-side with Fig. 6 of the instant application, it is the combination of the body and the arms) comprising a body part and at least one elastic arm (Fig. 8, elastically conductive arm 431, ¶74) connected to the body part (Fig. 8, ¶74).
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LIU further discloses wherein the at least one elastic arm extends from a longitudinal end of the body part along a longitudinal direction of the body part and is elastically compressible along the longitudinal direction. As shown in annotated Fig. 7 below, the elastic arms 431 extend from a longitudinal end of the body and in a longitudinal direction. When they compress they compress at least partially in that longitudinal direction. Forces are applied to the elastic arms in both the longitudinal and latitudinal direction to allow them to insert and be abutted to the sidewalls of the device. This is direction analogous to the compression of the instant application. Furthermore, courts have held that rearrangement of parts of the prior art is unpatentable. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and MPEP 2144.04, IV., part C. In this case, the concept of elastic and deformable arms to establish connection would be applied broadly to the device in various directions with predictable results. The specification of the instant application supports this type of rearrangement and recognizes that orientation and positional relationships such as “longitudinal” are only used for ease of description and are not limiting (instant specification ¶29).
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LIU does not disclose wherein the at least one elastic arm elastically abuts against and is electrically connected to one of the first end surface electrode and the first conductive end surface, and wherein the body part abuts against and is electrically connected to another of the first end surface electrode and the first conductive end surface.
LIU teaches that the elastic conductive arm 431 abuts a side wall of the vent pipe to form an electrical connection (¶73). LIU teaches that when the device is assembled the atomization core is connected to the vent pipe to provide electrical connection to the control module (¶10-¶11). LIU teaches the elastically conductive arm 431 connects the atomization electrode assembly 46 to connect the vent pipe and the suction nozzle (¶74, ¶78). LIU further teaches electrical connections through sleeved conductive material (¶88=¶89). LIU teaches that during use the cigarette is assembled to make electrical connections between the arms, the electrodes, the nozzle and the control module to make an electrical connection circuit (¶91). LIU teaches that when all these conductors are connected and the user skin contacts the conductors the control module supplies electrical power to the atomization core to atomize the e-liquid (¶93).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the teachings of LIU to use the electrical conductive elastic arms to achieve contact connection between the elements. Providing these elastic electrical contacts in the device would signal to the device to atomize the e-liquid for inhalation by the user (¶93). A person of ordinary skill in the art would obviously apply the known technique of contacting electrically conductive arms to conductive materials to make electrical connections for providing power with predictable results. See (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP 2143, I., D).
Regarding claim 2, LIU teaches the vaporizer of claim 1 as discussed above. LIU further discloses wherein the at least one elastic arm comprises a plurality of first elastic arms, and wherein the plurality of first elastic arms are evenly arranged at intervals along a circumferential direction of the body part. This is shown in Fig. 8 (¶106-¶107). LIU discloses that there are a plurality of elastic arms to increase the stability of the electrical connection.
Regarding claim 3, LIU teaches the vaporizer of claim 1 as discussed above. LIU further discloses the body part is tubular, and wherein the at least one elastic arm is integrally connected to one end of the body part. As shown in Fig. 8, the body part shown to be tubular and it is integrally formed with the elastic arm.
Regarding claim 4, LIU teaches the vaporizer of claim 1 as discussed above. LIU further teaches an outer wall surface of the electrode column protrudes outward to form a flange, wherein the flange is circular, and wherein the flange forms the first conductive end surface. As shown on Fig. 1, atomization core 4 that includes the electrode column, has many stepped flanges. A person of ordinary skill in the art would immediately recognize these stepped surfaces as flanges and that those flanges are used for creating connections on the device. Further LIU teaches that the elastic arms engage on the surfaces to provide electrical stability (¶106).
Regarding claim 5, LIU teaches the vaporizer of claim 4 as discussed above. LIU further discloses the body part is tubular As shown in Fig. 8, the body part shown to be tubular. LIU further teaches the body part is fitted outside the electrode column and abuts against the flange for the same reasons as discussed in the rejection of claim 4.
Regarding claim 6, LIU teaches the vaporizer of claim 5 as discussed above. LIU further discloses a flare structure is formed at an end of the body part that abuts the flange. This is shown in Fig. 8 as the collar at the top.
Regarding claim 7, LIU teaches the vaporizer of claim 1 as discussed above. LIU further discloses a vent tube (Fig. 2, vent pipe 32, ¶60). LIU further discloses a base (Fig. 4, second body base 412, ¶70). LIU further discloses the vaporization core is accommodated in the vent tube (¶62). LIU discloses wherein the electrode column is electrically insulated from and inserted in the base. LIU discloses that the electrode column is surrounded by an insulating material, electrode holder 45 (Fig. 4, ¶78-¶79), which is within the base body as shown in Fig. 4.
Regarding claim 8, LIU teaches the vaporizer of claim 7 as discussed above. LIU further teaches the vent tube comprises a second conductive end surface, wherein the vaporization core comprises a second end surface electrode arranged opposite the first end surface electrode, and wherein the second end surface electrode abuts against and is electrically connected to the second conductive end surface.
LIU teaches that the device is assembled with the vent tube 32 connecting to the suction nozzle 2 (Figs. 1-2, ¶45). The parts of the vaporizer are electrically connected when assembled. Both ends of the vent tube and the successive parts abut each other to form a conductive electrical connection to allow the power and controller to cause the device to function (¶47). A person of ordinary skill in the art would immediately recognize that the different components are conductive and that electricity, power, and control is enabled through contact and abutting surfaces with predictable results.
Regarding claim 9, LIU teaches the vaporizer of claim 8 as discussed above. LIU further discloses the vent tube comprises a first tube section and a second tube section connected to one end of the first tube section. LIU discloses that the first tube section is connected to the suction nozzle and the second tube section is connected to the atomization core (¶62). See annotated side-by-side figures below of the instant application Fig. 3, and LIU figure 2.
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LIU discloses that the vaporization core being accommodated in the second tube section (as shown in Fig. 2). LIU discloses wherein an upper end surface of the second tube section forms the second conductive end surface (¶62). LIU does not disclose wherein both an inner diameter and an outer diameter of the second tube section are larger than an inner diameter and an outer diameter, respectively, of the first tube section. LIU is silent regarding the diameters for the ends of the vent tube. However, the courts have held changes in proportion or shape to be prima facie obvious in the absence of new or unexpected results. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). One of ordinary skill in the art would appreciate that the diameter could vary and the connection would still be accomplished. Further, since LIU discloses that the connection is stabilized by the arms and a sealing gasket (¶73, ¶75-¶76) changes in diameter and secure connection are considered to be within the contemplation of LIU..
Regarding claim 10, LIU teaches the vaporizer of claim 7 as discussed above. LIU further teaches one end of the vent tube is inserted into the base and is contact with and electrically connected to the base. LIU teaches that the vent pipe is inserted into the fixing block (¶73) to make a conductive connection. A person of ordinary skill in the art would obviously make connections by inserting the vent tube into the base to ultimately connect it to the power supply and controller with predictable results to operate the device.
Regarding claim 12, LIU teaches the vaporizer of claim 1 as discussed above. LIU discloses that the vaporizer is part of an electronic vaporization device (Figs. 1-2, electronic cigarette).
Regarding claim 13, modified LIU teaches the vaporizer of claim 1 as discussed above. LIU does not disclose wherein the conductive connector maintains an axial spacing between an upper end surface of the electrode column and a lower end surface of the vaporization core, the axial spacing providing thermal insulation therebetween.
LIU teaches that the parts of electronic cigarettes need to be selectively connected and insulated one from another (¶56). LIU teaches that conductors 21 and 51 are insulated from each other through the outer peripheral surface of the e-liquid cup assembly 3, being made from an insulating material to achieve an electrical isolation (¶56-¶57). This is a teaching of axial space being maintained to achieve thermal isolation. LIU also teaches that the fixing block has a ring structure made from silicone (a well-known insulator) to resiliently abut the fixing block into the body (¶105).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the teachings of LIU to provide wherein the conductive connector maintains an axial spacing between an upper end surface of the electrode column and a lower end surface of the vaporization core, the axial spacing providing thermal insulation therebetween. A person of ordinary skill in the art would obviously have used the same structure as the conductive connector to maintain an axial spacing in different portions of the electronic cigarette. Doing so would allow for selective connection while also maintaining insulation when desired (LIU ¶56-¶57, ¶105).
Regarding claim 14, modified LIU teaches the vaporizer of claim 1 as discussed above. LIU further discloses wherein the conductive connector is a one- piece integrally-formed piece in which the body part and the at least one elastic arm are unitary. This can be seen in annotated Fig. 8 above. Further, the courts have held that making components integral to be a mere obvious engineering choice. In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (A claim to a fluid transporting vehicle was rejected as obvious over a prior art reference which differed from the prior art in claiming a brake drum integral with a clamping means, whereas the brake disc and clamp of the prior art comprise several parts rigidly secured together as a single unit. The court affirmed the rejection holding, among other reasons, "that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice.", see Schenck v. Nortron Corp., 713 F.2d 782, 218 USPQ 698 (Fed. Cir. 1983) (Claims were directed to a vibratory testing machine (a hard-bearing wheel balancer) comprising a holding structure, a base structure, and a supporting means which form "a single integral and gaplessly continuous piece." Nortron argued that the invention is just making integral what had been made in four bolted pieces. The court found this argument unpersuasive and held that the claims were patentable because the prior art perceived a need for mechanisms to dampen resonance, whereas the inventor eliminated the need for dampening via the one-piece gapless support structure, showing insight that was contrary to the understandings and expectations of the art.).
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LIU does not disclose, but nonetheless teaches, wherein the conductive connector is a metal piece. LIU teaches that elastic arm is conductive so that when it is abutted against a side wall of the pipe it is electrically connected (¶11-¶12). LIU teaches that metal is a conductive material (¶51). Therefore, it would have been obvious to one of ordinary skill in the art to make the elastic conductive arm from metal since metal is a known conductive material disclosed in LIU. LIU discloses that fixing block 43 is a silicone member of the fixing block, however, the elastic arms that are part of the elastic piece need to be conductive to establish an electrical connection and therefore metal would be an obvious choice for the elastic piece.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over LIU as applied above and in view of US 20150157055 A1 (hereinafter LORD).
Regarding claim 11 LIU teaches the vaporizer of claim 1 as discussed above. LIU does not disclose wherein the vaporization core comprises a porous ceramic, and wherein the first end surface electrode is located at an end of the porous ceramic and contacts the conductive connector.
LIU teaches that the e-liquid is transferred to the heating wire via an e-liquid absorbent 421 (Fig. 4, ¶71). LIU teaches (¶74),
that the elastic conductive arm 431 is electrically connected to the atomization electrode assembly 46, as shown in FIG. 6, the elastic conductive arm 431 is provided with a perforation 432 provided with an electric wire (not shown in figures), one end of the electric wire is connected to the elastic conductive arm 431 and the other end of the electric wire is connected to the atomization electrode assembly 46 so that the elastic conductive arm 431 is electrically connected to the atomization electrode assembly 46”.
LIU teaches that the absorbent and wire is connected in any conventional means well-known in the art (¶72). When assembled all of the parts are connected one to another. This is considered to be a rearrangement of parts within the skill set of a person of ordinary skill in the art. Courts have held that rearrangement of parts of the prior art is unpatentable. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and MPEP 2144.04, IV., part C.
LIU is silent as to the material the e-liquid absorbent is made from.
LORD teaches an electronic vapor provision system with a vaporizer and heater support (abstract). LORD teaches that the system uses a porous ceramic to enable liquid to be stored and transferred for atomization (¶36).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LIU to provide a porous ceramic in the vaporization core as taught in LORD. A person of ordinary skill in the art would obviously use a porous ceramic in the core because doing so would transfer and store liquid to be atomized (LORD ¶36). See (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP 2143, I., D).
Response to Arguments
Applicant's arguments filed June 26, 2026 have been fully considered but they are not persuasive.
Applicant’s amendments to overcome rejections under 35 USC 112(b) are sufficient and this rejection has been withdrawn.
Applicant argues that the amendment to claim 1 to recite, “the at least one elastic arm extends from a longitudinal end of the body part along a longitudinal direction of the body part and is elastically compressible along the longitudinal direction.” This amendment is obvious in view of LIU as explained above and not repeated here.
The remainder of applicant’s arguments rely on the allowability of the structural amendments to claim 1 which, as discussed above, are rejected in view of LIU.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20190174827 A1 to FERNADO discloses elastic arms to connect latching of a cartridge to a main body (¶78).
US 20200107583 A1 to WU discloses connection portions to be connected through an elastic structure such as an elastic arm (¶40).
US 20220248751 A1 to HU discloses a base with an elastic arm (Fig. 4, ¶41) that extends in a longitudinal direction and is deformed until the clamping protrusion is arranged in the clamping groove (¶41). In this way the deformation forces occurs along a longitudinal axis.
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 STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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