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 .
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN111657555, with English machine translation) in view of Liu (US 20130319438).
Regarding claim 1, Chen discloses an atomization device , comprising:
a housing assembly (see main shell 280 in Fig. 1) comprising a first housing portion and an incentive assembly at least partially located in the first housing portion (see atomization core assembly 270 at base of housing in Fig. 8), the first housing portion defining an installation cavity (see space 221 in Fig. 1);
a liquid storage cartridge assembly detachably assembled in the installation cavity (see liquid storage chamber 100), the liquid storage cartridge assembly comprising a liquid storage cartridge shell (see outer wall in Fig. 3), and an end cover (see upper end portion having holes 111 that covers the liquid storage cavity); the incentive assembly being configured to heat or vibrate the liquid storage cartridge assembly so as to atomize a substance adsorbed in the liquid storage cotton into a gaseous state (see heating element 271 which atomizes the liquid from the liquid storage chamber; see Fig. 9 which illustrates the liquid pathway); and
a sealing element, the liquid storage cartridge assembly and/or the incentive assembly being hermetically installed in the housing assembly through the sealing element (see sealing ring 150 which forms a seal with the housing when installed; the liquid storage cartridge extends through the sealing ring as see in Fig. 9).
Chen does not disclose a liquid storage cotton detachably installed in the liquid storage cartridge shell wherein the end cover cooperates with the liquid storage cartridge shell to limit a position of the liquid storage cotton. Examiner notes that it is well-known and conventional to install a liquid storage cotton within the liquid storage container. For example, Liu, similarly directed towards an atomization device, teaches providing cotton within the liquid reservoir so that the liquid can be slowing infiltrated into the atomizing device ([0052]). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the liquid storage chamber of Chen with a cotton since Liu discloses providing cotton in a liquid reservoir to slow the infiltration of liquid to the heating element ([0052]). As to the end cover cooperating to limit a position of the cotton, the end cover in Chen forms a wall of the liquid storage chamber and thus would obviously limit a position of a cotton contained therein.
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.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of copending Application No. 18505065 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claim 5 of Application '065 recites an atomization device comprising a housing assembly, incentive assembly, installation cavity, liquid storage cartridge assembly, and sealing element (first sealing member) matching the structure of claim 1 of the instant application (see claims 4 and 5; Examiner notes claim 5 depends on claims 1 and 4).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 2-12 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 represented by Chen (CN 111657555), Mironov (US 20160345629), Force (US 20170280773), Tasselli (US 20210145053), Twite (US 20210153567), Zominy (US 20230232899), and Rickets (US 12115306). The prior art discloses atomization devices having a housing assembly, incentive assembly, liquid storage cartridge and sealing element. Regarding claim 2, the prior art of record fails to further teach or suggest the liquid storage cartridge shell comprises a first body portion, a protruding portion protruding beyond one side of the first body portion, and an installation opening opposite to the protruding portion; the first body portion defines a first receiving cavity communicating with the installation opening; the protruding portion defines a second receiving cavity communicating with the first receiving cavity, and a gas outlet communicating with the second receiving cavity; the liquid storage cotton is accommodated in the first receiving cavity and the second receiving cavity from the installation opening; the liquid storage cotton is exposed to the gas outlet; the end cover is hermetically fixed to the liquid storage cartridge shell so as to close the installation opening. Claims 3-12 depend from claim 2.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619
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