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 .
Status of the Claims
Claims 1-15 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Claim Objections
Claims 1 and 11-12 are objected to because of the following informalities:
Claim 1, line 5 should read: “second atomizing core are used for atomizing an aerosol generating matrix;”
Claim 11, line 6 should read: “are elastically abutted against
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.
Claim 11 is 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.
Claim 11 is indefinite for reciting the claim limitation “the elastic tube is provided with a plurality of annular protruding parts arranged at an interval” because it is not clear if each individual part is arranged at an interval or if all the protruding parts are arrange at some distance. The specification does not appear to provide explanation or a definition for what the interval is referring to. It is unclear what arranged at interval means and the instant specification does not provide a definition for arranged at an interval.
For purposes of examination, “arranged at an interval” is being interpreted as the plurality of annular protruding parts are arranged on the elastic tube at some distance.
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.
Claim(s) 1, 3-5, 7-9, and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Wang (CN-218073490-U, hereinafter referring to the English Translation provided).
In regards to claim 1, Wang, directed to a multi-stage electronic atomizer for generating an aerosol, discloses a multi-level atomizer, comprising an atomizer module (i.e., atomizing core) with a double heating structure (abstract), wherein the atomizing core comprises:
A first-stage atomizing core (i.e., first atomizing core) ([0012]),
A second-stage atomizing core (i.e., second atomizing core) ([0012]), and
An isolation component as a second sealing element 7 (i.e., the connecting part), wherein
The first and second atomizing core atomize an aerosol generating matrix ([0016]);
The first atomizing core is set on the upper end of the isolation component (i.e., a first end of the connecting part is connected with the first atomizing core in a plugging manner) (Fig. 3; [0039]),
The second atomizing core is set on the lower end of the of connecting part (i.e., a second end of the connecting part is connected with the second atomizing core in a plugging manner) (Fig. 3; [0039]),
And the second atomizing core and the first atomizing core are connected through the connecting part (Figure 4; ([0008];[0039]).
In regards to claim 3, Wang discloses the first and second atomizing cores comprises a first outer sleeve and a second outer sleeve, respectively (Figure 5 – refer to annotated Figure 5 provided below).
PNG
media_image1.png
600
480
media_image1.png
Greyscale
Wang further discloses the atomizing cores each comprise an oil-guiding cotton 15 wrapped around the heating wire 14 and extend from the side wall of the atomization support (i.e., first outer sleeve) into the oil reservoir 16 (Figure 4 and [0037]).
Wang further discloses a stacked heating structure comprising a first atomizing core 5 comprising a first outer sleeve surrounding reservoir 16 and a first liquid guide part 15, wherein a top end of the first outer sleeve is provided with a through-hole (i.e., notch), the first liquid guide part being installed in the first outer sleeve and extends from the first guide notch (the oil guiding cotton 15 is located inside the first liquid guide notch and extends from an upper point in the first guide notch to a lower point in the first guide notch); a second atomizing core 6 with the same parts as the first atomizing core; and the top end of the connecting part 7 connected with a bottom end of the first outer sleeve in a plugging manner and the bottom end of the connecting part is connected with a top end of the second outer sleeve in a plugging manner. Refer to annotated Figure 2 provided below.
PNG
media_image2.png
610
463
media_image2.png
Greyscale
In regards to claim 4, Wang discloses the first liquid guide notch is different in orientation from that of the second liquid guide notch relative to a longitudinal axis of the connecting part (Refer to annotated Figure 2 provided below).
PNG
media_image3.png
610
471
media_image3.png
Greyscale
In regards to claim 5, Wang discloses the first outer sleeve shares a common axis (i.e., coaxially arranged) with the second outer sleeve and the orientation of the first liquid guide notch is opposite to that of the second liquid guide notch because the first liquid guide notch is opposite relative the longitudinal plane of the connecting part. Both liquid guide notches are on opposite ends of the connecting part and face away from one another (Annotated Figure 2 provided above).
In regards to claim 7, Wang discloses a position limiting part (see Figure 4 annotated by the Examiner provided below) provided on an outer peripheral surface located between the first and second outer sleeves.
PNG
media_image4.png
1018
883
media_image4.png
Greyscale
Wang further discloses the outer layer of the atomizing cores (i.e., first and second sleeves) are covered with oil-retaining cotton and are press-fitted with the connecting part (i.e., a first end of the connecting part is inserted into the second end of the first outer sleeve and the second end of the connecting part is inserted into the first end of the second outer sleeve) ([0039]).
In regards to claim 8, Wang discloses the first atomizing core 5 is wrapped with a heating wire and oil-guiding cotton (i.e., forms the first electric heating element) and the wire extends from the first electric heating element as a first heating wire 14 ([0037] and [0039]).
Wang further discloses the first electric heating element is located in the first outer sleeve 5 and is in contact with the first liquid guide part 15 (Figure and [0037]).
Wang further discloses the first wire is connected with the first electric heating element (Figure 2 and [0037]) and the first wire extends outside the atomizing core from a space formed by the second end of the first outer sleeve and the second liquid guide notch (Figure 2).
PNG
media_image5.png
648
711
media_image5.png
Greyscale
In regards to claim 9, Wang discloses the first wire extends to an avoidance notch wherein the avoidance notch corresponds to a position of the second liquid guide notch ([0039]). Refer to Figure 1 annotated by the Examiner provided below.
PNG
media_image6.png
718
927
media_image6.png
Greyscale
In regards to claim 13, Wang discloses in the exploded view of the aerosol generating device, the second end of the connecting part would abut against the second liquid guide part (Figure 3).
Wang further discloses the second atomizing core is set on the lower end (i.e., second end) of the connecting part ([0039]).
In regards to claim 14, Wang discloses the first end of the connecting part is arranged on an opposite side of the second end of the connecting part (Figures 2-4) and the connecting part is provided with a though hole (i.e., vent hole) ([0039]).
Wang further discloses the first wire of the first atomizing core is connected to the second wire of the second atomizing core via the vent hole (i.e., the first atomizing core and the second atomizing core are connected by the vent hole) ([0039]).
In regards to claim 15, Wang discloses an aerosol generating device comprising:
An outer shell 1 ([0033]),
An atomizing core with a double heating structure (atomizers 1 and 2 in Figure 2),
An oil reservoir 16 (i.e., liquid storage chamber) for storing aerosol generating matrix and located in the shell (Figure 2 and [0037]),
The atomizing core with the double heating structure is located in the liquid storage chamber and atomizes the liquid aerosol generating matrix located within the liquid storage chamber (Figure 2 and [0025]),
And the double heating structure according to claim 1 (detailed in claim 1 above).
Claim Rejections - 35 USC § 103
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 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN-218073490-U, hereinafter referring to the English Translation provided) as applied to claim 1 above.
In regards to claim 2, Wang discloses the first connecting part is attached to the first atomizing core and the second end of the connecting part is attached to the second atomizing core ([0037]), but Wang does not explicitly disclose these attachments are detachable.
However, since Wang does discloses the parts as separate components combined together, it would be obvious to one of ordinary skill in the art that the components could and would be detachable from the connecting part, absent evidence to the contrary, and is therefore considered prima facie obvious.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN-218073490-U, hereinafter referring to the English Translation provided) as applied to claim 3 above, and further in view of Dai et al. (CN-217446654-U, hereinafter referring to the English Translation provided).
In regards to claim 6, Wang discloses the connecting part comprises a positioning protruding part on an outer peripheral surface, which extends into the first liquid guide notch (Figure 4 provided below), but does not explicitly disclose the connecting part comprising a positioning protruding part that extends into the second liquid guide notch.
PNG
media_image7.png
1018
883
media_image7.png
Greyscale
Dai, directed to atomizing components of aerosol generating devices, discloses an atomizing core comprising a heating portion and a conductive portion ([0004]).
Dai further discloses the atomizing assembly includes a sleeve 21 (i.e., connecting part), a heating element 23, and a liquid guiding element 24 (i.e., second liquid guide notch) ([0043]).
Dai further discloses the connecting part comprises a hollow accommodating cavity for housing the heating element positioning protruding part which extends into the second liquid guide notch ([0043]-[0044]). Refer to Figure 8d annotated by the Examiner and provided below.
PNG
media_image8.png
517
419
media_image8.png
Greyscale
Dai further discloses the sleeve has a U-shaped opening (protruding part) so that the liquid guiding element can be easily inserted into the side of the opening which creates fluid communication with the liquid storage chamber through the U-shaped opening ([0051]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Wang by making the connecting part further comprise protruding parts that extend into the second liquid guide notch, as taught by Dai, because both are directed to aerosol generating articles, Dai teaches the positioning protrusions U-shape allow easy insertion of the liquid guide part ([0051]), and this merely involves modifying the connecting part structure of Dai to a known connecting part structure, to further extend into a liquid guide part to yield predictable results.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN-218073490-U, hereinafter referring to the English Translation provided) as applied to claim 3 above, and further in view of Wang2 (US-20210084979-A1).
In regards to claims 10 and 12, Wang discloses the connecting part is for sealing and comprises a tube member detachably connected to the first outer sleeve and second outer sleeve in a sleeving manner. Refer to Figure 2 annotated by the Examiner provided below.
PNG
media_image9.png
754
711
media_image9.png
Greyscale
Wang does not explicitly disclose the connecting part is an elastic silicone tube.
Wang2 directed to a glass atomizer, discloses the atomizer comprising a glass suction nozzle, an atomizing core, a connecting sleeve, a threaded base, a silicone base, and ceramic heating wire with a cotton pad ([0010]).
Wang2 further discloses the silicone base 7 has a hollow center structure (i.e., tube) and forms a tight seal ([0082] and [0091]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to make the connecting part of Wang an elastic tube such as a silicone connecting part, as taught by Wang2, because both are directed to aerosol generating devices, Wang2 teaches the silicone base creates a tight seal ([0091]), it would further be obvious to one of ordinary skill in the art to look for a suitable elastic material of a connecting part when the prior art is silent to the materials used, and this merely involves applying a known elastic material of a connecting part to yield predictable results.
In regards to claim 11, Modified Wang discloses an elastic silicone tube and Wang discloses the second end of the first outer sleeve is sleeved on the first end of the elastic tube (annotated Figure 2 provided below).
PNG
media_image10.png
648
711
media_image10.png
Greyscale
Wang further discloses the first outer sleeve is connected to a first end of the connecting part, but Wang does not explicitly disclose the first end of the elastic tube is provided with a plurality of annular protruding parts abutted against an inner wall of the first outer sleeve.
However, Wang2 further discloses the elastic tube comprising two symmetrically arranged external ridges (i.e., protruding parts on an outer peripheral surface of the elastic tubes first end) wherein the external ridges are inserted into a notch for assembly ([0082]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to make the connecting part of Wang further comprise protruding parts on an outer peripheral surface of the first end of the elastic tube to abut against an inner wall of the first outer sleeve, as taught by Wang2, because both are directed to aerosol generating devices, Wang2 teaches the protruding parts aid assembly ([0082]), and this merely involves applying additional protruding parts to a first end of a connecting part to further attach the connecting part to the atomizer sleeves of Wang to yield predictable results.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 10, and 12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 18-20 of U.S. Patent No. 18/498,155. Although the claims at issue are not identical, they are not patentably distinct from each other because they are both directed to aerosol generating devices comprising two atomizing cores connected by a connecting part and used for atomizing an aerosol generating matrix.
The rejected claims differ from the conflicting claims in that the rejected claim 1 recites the first and second atomizing cores are connected in a plugging manner and the conflicting claims do not disclose “plugging manner” however, the conflicting claims recite the first and second atomizing cores are detachably connected which one of ordinary skill in the art would interpret as a plugging type attachment. Therefore, all the elements of the rejected claims are present and obvious over the conflicting claims.
Claim 1 is obvious over claim 18.
Claim 2 is obvious over claim 18.
Claim 3 is obvious over claim 19.
Claims 10 and 12 are obvious over claim 20.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yao et al. (CN-106136325-A, hereinafter referring to the English translation provided) discloses an atomizing core with a double heating structure (Figure 1), wherein the atomizing core comprises:
A first atomizer 210 (i.e., first atomizing core),
A second atomizer 220 (i.e., second atomizing core), and
A support base 320 (i.e., connecting part) (Figure 2 and [0038]),
Wherein the first and second atomizing core are used for atomizing an aerosol generating material (i.e., matrix) ([0044]); and
The first atomizing core 210 is mounted on the connecting part (i.e., a first end of the connecting part is connected with the first atomizing core in a plugging manner) ([0038]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELEINE PAULINA DELACRUZ whose telephone number is (703)756-4544. The examiner can normally be reached Monday - Friday 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571)270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MADELEINE P DELACRUZ/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755