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 .
Election/Restrictions
Applicant’s election without traverse of Species A, the vaporizer according to an embodiment wherein the vaporization surface 31 and the axial direction A1 are parallel to one another, as disclosed in the specification at paras. [0008-13, 0015-19, 0057-66, 0069-94] and Figs. 2-7 and 9-13, in the reply filed on 1/14/2026, is acknowledged.
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/14/2026. Claims 1-21 remain pending and claims 1-19 and 21 are examined herein.
Drawings
The drawings are objected to because Fig. 11 shows a single lead line referring to both the heating element 33 and the electrode 331. The Examiner recommends amending Fig. 11 to delete 33 and add a new lead line pointing out the heating element 33 apart from the electrode 331.
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.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: VAPORIZER AND ELECTRONIC VAPORIZATION DEVICE WITH ELECTRICAL CONNECTOR.
Claim Objections
Claim 7 is objected to because it recites “wherein the protruding comprises is an annular…”, which appears to be a typo of “wherein the protruding portion
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-9 and 16-17 are 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.
The following claims recite limitations which lack antecedent basis (emphasis added by Examiner):
Claim 3 recites “the side of the vaporization core away from the electrical connector”;
Claim 4 recites “the outer side of the vaporization base”;
Claim 6 recites “the side wall of the mounting hole and the side wall of the vaporization core”;
Claim 7 recites “the side surface of the second liquid inlet hole”;
Claim 16 recites “the side surface of one end of the cylindrical body” and “the side surface of the first annular protruding portion”;
Claims 5, 8-9, and 17 are rejected due to their dependency on the above claims.
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, 15-19, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiao (CN 113892696 A, provided in IDS dated 06/12/2024, English translation provided herewith).
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 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.
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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 15, the atomizing surface 311 may be parallel to an axial direction of the atomizer 10 [n0042]. The electrical connectors 510 and fixed conductors 520 have columnar shapes and are disposed at intervals ([n0053], Figs. 6-7).
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 10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN 113892696 A) 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).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN 113892696 A) as applied to claim 10 in view of Lei (US 2022/0218037 A1).
Regarding claim 11, 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 above in the discussion of claim 10.
Allowable Subject Matter
Claims 4-9 are 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 “fixing member disposed on the outer side of the vaporization base, wherein the fixing member comprises a first liquid inlet hole, for the vaporization core to be in communication with the liquid storage cavity, or the fixing member only covers a part of the vaporization core, for the vaporization core to be in communication with the liquid storage cavity”. No other prior art has been found which can be reasonably combined with Xiao to remedy this deficiency.
Conclusion
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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/MICHAEL PATRICK MULLEN/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747