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 .
Response to Amendment
Applicant’s amendment to claims 1, 5-7, and 15-16, cancellation of claim 4, amendment to the drawings and specification, and supporting remarks filed 06/12/2026 (“Amendment”) have been entered. Accordingly, the objections to the drawings, specification, and claims, and the claim rejections under 35 USC 112 are withdrawn. New claim rejections under 35 USC 102-103 are necessitated by the amendment. Claim 5 is indicated as containing allowable subject matter. Claims 1-3 and 5-21 remain pending, claim 20 remains withdrawn, and claims 1-3, 5-19, and 21 are examined herein.
Response to Arguments
Applicant's arguments regarding allowable subject matter (Amendment p. 12-13) have been fully considered but they are not persuasive. Applicant argues that claim 1 has been amended to incorporate the allowable subject matter of claim 4. The Examiner respectfully disagrees because the Non-Final Rejection mailed 03/12/2026 at p. 14 states that claim 4 would be allowable “if rewritten in independent form including all of the limitations of the base claim and any intervening claims”. The instant amendment to claim 1 incorporates some but not all of the subject matter of claim 4, and without the limitations of intervening claims 2-3. Notably, the “fixing member” of amended claim 1 is not the same “fixing member” that was previously recited in claim 4, because it is no longer part of the “fixing assembly” (claim 4 previously recited “wherein the fixing assembly comprises a fixing member”, whereas amended claim 1 merely recites a “vaporizer, comprising…a fixing member”). In the Non-Final Rejection at p. 8-9, Xiao’s sealing member 400 was mapped to the “fixing assembly”, and no sub-component of the sealing member 400 nor any other component could reasonably be mapped to the “fixing member”, resulting in the indication of allowable subject matter. However, in amended claim 1, Xiao’s sealing sleeve 530 reads on the claim language and can be mapped to the “fixing member”, as set forth in the rejection below.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-3, 6-7, 15-19, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiao (CN 113892696 A, of record, previously cited with English translation).
Regarding claim 1, Xiao is directed to atomizers and electronic atomization devices (Title), the atomizer reading on a “vaporizer” as claimed:
The atomizer 10 includes a housing 100 (“housing”) with interior space (“accommodating cavity”) and an air suction channel 130 (“air outlet channel”) ([n0033-34], Fig. 3);
The atomizer 10 includes an atomizing base 200 (“vaporization base”) within the housing 100, the atomizing base 200 including a sealing sleeve 530 which together define a liquid storage chamber 140 (“liquid storage cavity”) within the housing 100 ([n0033-36], Figs. 3-6). The atomizing base 200 has a bottom surface 220 (“bottom wall”) with a space (“assembling hole”) for receiving an electrical connector 510 and an air guide cavity 201 (“air inlet”) ([n0035, n0039, n0053], Figs. 3, 5-7). The atomizing base 200 has a top surface 210 (“top portion”) defining an inlet 131 (“air outlet”) in communication with the air suction channel 130 ([n0035, n0037, n0051], Figs. 3-4, 6, 8);
The atomizer 10 includes an atomizing core 300 (“vaporization core”) disposed within the atomizing base 200, the core 300 having an atomizing surface 311 (“vaporization surface”) forming an atomizing cavity 270 (“vaporization cavity”) with the atomizing base 200 and housing 100 ([n0033, n0037, n0041-42], Figs. 3-5);
The atomizer 10 includes an electrical connector 510 and a fixed conductor 520 (together an “electrical connector”) which run through the bottom surface 220 and into a concave cavity 260 within the atomizing cavity 270 ([n0037, n0053], Figs. 2, 5-7);
The atomizer 10 includes a sealing sleeve 530 (“fixing member”), which is disposed on an outer side of the atomizing base 200, and has holes in fluid communication with a liquid outlet 202 for allowing liquid to flow from the liquid storage chamber 140 to the atomizing core 300 ([n0036], Figs. 3-6).
The length of the fixed conductor 520 runs parallel to the atomizing surface 311, and a side surface of the fixed conductor 520 abuts the atomizing surface 311, as shown in Figs. 5-7.
The sealing sleeve 530 has two holes (“first liquid inlet hole”) in fluid communication with the liquid outlet 202 for allowing liquid to flow from the liquid storage chamber 140 to the atomizing core 300 ([n0036], Figs. 3-6).
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Regarding claim 2, the atomizing base 200 has a side surface 230 (“first side wall”) with a receiving cavity 280 (“mounting hole”) for receiving the atomizing core 300 ([n0037], Figs. 3-7) (see also Applicant’s first side wall 21 and mounting hole 211 in Fig. 6).
Regarding claim 3, the atomizer 10 includes a sealing member 400 (“fixing assembly”) [n0033, n0041], which is arranged around and partially behind the atomizing core 300, with the fixed conductor 520 being on a front side of the atomizing core 300, and the member 400 and conductor 520 fixing the core 300 within the receiving cavity 280, as shown in Figs. 4-7.
Regarding claim 6, as shown particularly in Fig. 6, the sealing element 400 (“fixing assembly” and a “seal member” thereof) has a circular body (“second body portion”) with a frontmost frame (“protruding portion”) protruding forward from the body toward the core 300. The body of the sealing element 400 is installed in and partially covers the receiving cavity 280 ([n0056], Fig. 6), and the body has a central cavity (“second liquid inlet hole”) forming a seal in communication with the lower liquid hole 202 (and thus also in communication with the hole of the sealing sleeve 530) ([n0041], Fig. 6) (which reads on the first “wherein” clause). The protruding front frame is disposed on a surface of the body and surrounds the central cavity as shown in Fig. 6 (which reads on the second “wherein” clause). The protruding front frame is disposed in the receiving cavity 280 and embedded between the sides of the cavity 280 and the sides of the core 300 as shown in Fig. 6 (which reads on the third “wherein” clause).
Regarding claim 7, the protruding front frame has an “annular” shape as shown in Fig. 6, and is disposed at an “interval” from the inner surface of the central cavity (compare Fig. 6 with Applicant’s Fig. 10 showing annular protruding portion 422 and second liquid inlet hole 423). The protruding front frame and body of the sealing element 400 are engaged with one another to form a “first groove” containing the core 300 ([n0041, n0056], Fig. 6).
Regarding claim 15, the atomizing surface 311 may be parallel to an axial direction of the atomizer 10 [n0042]. There are two of each electrical connector 510 and fixed conductor 520, which have columnar shapes and are disposed at intervals ([n0053], Figs. 6-7) (which reads on “wherein the vaporizer further comprises a second electrical connector in the shape of a column, and wherein the electrical connector and the second electrical connector are disposed parallel to each other and at intervals”).
Regarding claim 16, the atomizing core 300 includes a porous base 310 (“sheet-like liquid guide body”) and a heating element 320 (“heating element”), the base 310 having a liquid-absorbing surface 312 and the atomizing surface 311 opposing one another, with the heating element 320 on the atomizing surface 311 ([n0041], Figs. 4-6). The electrical connector 510 is a columnar electrode post (“cylindrical metal ejector pin”) [n0053] and the fixed conductor 520 reads on the “first annular protruding portion located on the side surface of one end of the” electrical connector 510, and the conductor 520 abuts one end (“electrode”) of the heating element 320 ([n0053], Figs. 5-7).
Regarding claim 17, the atomizing surface 311 is flush with the side surface 230 as shown in Fig. 5 (see also Applicant’s Fig. 4 illustrating vaporization surface 31 flush with inner surface of side wall 21 [0076]).
Regarding claim 18, the atomizer base 200 is integrally formed [n0055]. The receiving cavity 280 receives the atomizing core 300 and may or may not be fully filled by the core ([n0037], Figs. 5-7), which reads on “wherein a size of the mounting hole is greater than or equal to a size of the vaporization core such that the vaporization core is mountable in the mounting hole through an end opening of the mounting hole away from the vaporization cavity”.
Regarding claim 19, the atomizer 10 includes a lower cover 600 (“base”) below the atomizing base 200, away from the air suction channel 130, and within the housing 100 ([n0033-34], Figs. 1-2). The lower cover 600 includes a hole (“avoidance hole”) for receiving the electrical connector 510 which passes therethrough to reach the atomizing cavity 270 ([n0033, n0053], Figs. 2, 7).
Regarding claim 21, the atomizer 10 is mounted on a power supply assembly (“power supply assembly”) to form an electronic atomizing device (“electronic vaporization device”) [n0057].
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 8-9 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN 113892696 A, of record, previously cited with English translation) as applied to claims 7 and 10 in view of Lei (US 2022/0218037 A1, of record, previously cited).
Regarding claim 8, Xiao discloses the vaporizer of claim 7 as set forth above, but fails to disclose a “liquid guide member” disposed in the central cavity of the sealing member 400.
Lei is directed to an atomizer and electronic atomizing device (Title). Lei discloses a liquid guiding element 60 which fluidly connects a liquid storage cavity 111 with an atomizing member 30 ([0046], Figs. 3-7). Liquid guiding elements are well-known in the art of electronic vaporization devices for generating a suction force to facilitate liquid transfer (see [0098]). One of ordinary skill in the art would recognize that Xiao’s sealing element 400 could similarly include a liquid guiding element 60 in the central cavity.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Xiao’s sealing element by incorporating Lei’s liquid guiding element 60 into the central cavity of Xiao’s sealing element 400 in order to guide liquid from Xiao’s liquid storage chamber 140 to the atomizing core 300, because both Xiao and Lei are in the same field of endeavor as the claimed invention, Lei teaches using the liquid guiding element 60 to guide liquid from storage to heater which is well-known in the art, and this would involve combining prior art elements according to known methods to yield predictable results. See MPEP 2143(I); see also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 9, it would be obvious to form a “second groove” in the sealing element 400 between the central cavity and the body near the core 300, in order to accommodate an edge of Xiao’s liquid guiding element 60 (which reads on the claim language), for the same reasons as set forth above in the discussion of claim 8.
Regarding claim 11, Xiao discloses the vaporizer of claim 10 as set forth below. Xiao’s rearranged ventilation channel 410 would be provided on the inner surface of the side surface 230 (see Fig. 6 showing 410 on inner surface of 400), which reads on the “first liquid storage groove”. Xiao fails to disclose the “second liquid storage groove” as claimed.
Lei is directed to an atomizer and electronic atomizing device (Title). Lei discloses a liquid suction groove 122 (“second liquid storage groove”) on an inner side wall of an air outlet tube 12 ([0047], Fig. 6). The groove 122 has a capillary function of absorbing a condensate formed on the side wall of the air outlet channel 121 [0047], which advantageously improves user experience [0004]. One of ordinary skill in the art would recognize that such a groove 122 could be provided on Xiao’s side surface 230 on an outer side, because this location is adjacent to the interior of the air suction channel 130 and would connect to the rearranged ventilation channel 410 (see Xiao Figs. 3-6).
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Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Xiao by providing Lei’s liquid suction groove 122 on an outer side of Xiao’s side surface 230 in communication with the ventilation channel 410, because both Xiao and Lei are directed to atomizers, Lei teaches that this absorbs condensate and improves the user experience, one of ordinary skill in the art would recognize that arranging the groove 122 on the outside of the side surface 230 would be equivalent to arranging it on the inside of the air suction channel 130, and this would involve combining prior art elements according to known methods to yield predictable results. See MPEP 2143(I); see also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 12, Xiao fails to disclose a depth or width of the ventilation channel 410. Lei discloses that the groove 122 may have a width of 0.05-1 mm and a depth of greater than or equal to 0.1 mm [0050], which encompass the claimed width and depth ranges. It would be obvious to form the groove 122 and channel 410 with such width and depth, for the same reasons as set forth above in the discussion of claim 11. Further, one of ordinary skill in the art would expect the groove 122 and channel 410 to have an “end opening area” overlapping the claimed range of 0.07-0.13 mm2, because the width and depth encompass the claimed ranges and the end opening area is a function of these two parameters.
Regarding claim 13, in modified Xiao, the groove 122 would similarly be arranged to be “in fluid communication with a bottom portion of the liquid storage cavity” as claimed, because the channel 410 is in communication with the liquid storage chamber 140 as set forth below in the discussion of claim 10.
Claims 10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN 113892696 A, of record, previously cited with English translation) as applied to claim 2.
Regarding claim 10, the side surface 230 extends around the atomizing base as shown in Figs. 5-7 and thus reads on the claimed “annular side wall comprising the first side wall”. A ventilation channel 410 (“liquid storage vent channel”) is arranged on the sealing member 400 and allows external air to enter the liquid storage chamber 140 ([n0043], Fig. 6). The ventilation channel 410 is not provided on the side surface 230 as claimed, but it would be a simple design choice to rearrange the channel 410 onto the side surface 230 which is adjacent to the sealing member 400 as shown in Fig. 6. See MPEP 2144.04(VI)(C); see also In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); see also In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Regarding claim 14, the atomizer base 200 is integrally formed [n0055]. The interior of the housing 100 and the side surface 230 have a gap between them ([n0036], Figs. 3-5) and thus are “disposed at intervals” as claimed. The bottom surface 220 abuts the housing 100 as shown in Fig. 5. The liquid storage chamber 140 is defined by the sealing sleeve 530 and the side surface 230 [n0036] rather than the bottom surface 220, and thus fails to disclose “wherein the bottom wall of the vaporization base is configured to block the accommodating cavity to form the liquid storage cavity, and the bottom wall of the vaporization base comprises the bottom portion of the liquid storage cavity”. However, it would be a simple design choice to change the shape of the sealing sleeve 530 to allow the liquid storage chamber 140 to extend further down along the right side to the bottom surface 220, for instance in order to make the chamber 140 larger and store more liquid (see Figs. 3-5). See MPEP 2144.04(IV)(B); see also In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Allowable Subject Matter
Claim 5 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is Xiao (CN 113892696 A), which discloses the vaporizer of claims 1-3 as set forth above. Xiao fails to disclose a “wherein the fixing member comprises a first body portion and two locking members located on two opposite sides of the first body portion respectively, wherein the first body portion covers the mounting hole and comprises the first liquid inlet hole at the center, and wherein the two locking members are fixedly connected to a second side wall and a third side wall of the vaporization base respectively, and the second side wall and the third side wall are parallel to each other and are connected to two opposite sides of the first side wall respectively”. No other prior art has been found which can be reasonably combined with Xiao to remedy this deficiency.
Conclusion
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 MICHAEL PATRICK MULLEN whose telephone number is (571)272-2373. The examiner can normally be reached M-F 10-7 ET.
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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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/MICHAEL PATRICK MULLEN/Examiner, Art Unit 1747
/SEDEF E PAQUETTE/Primary Examiner, Art Unit 1749
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