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 Claims
Claims 1-13 are pending are subject to this Office Action. This is the first Office Action on the merits of the 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.
Claims 1 and 7 rejected under 35 U.S.C. 102 (a)(1) as being unpatentable over LIU (EP 3248479A1).
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In regards to claim 1, with reference to the above Figures 3 and 7 (Page 14), Liu teaches a mouthpiece assembly for an e-cigarette device (suction nozzle assembly (12) [0015). The present disclosure relates to substitutes for cigarettes, are more particularly, to an electronic cigarette and an atomizer device thereof. [0001] (suction nozzle assembly (12) [0015]). The mouthpiece assembly comprising:
•A mouthpiece cover (The suction nozzle (121)[0015].
•A tubular mouthpiece fastener (The suction nozzle assembly includes a fixing member and a first adjusting ring; the fixing member includes a cylindrical body engages with an inner ring of the plate to communicate with the air flowing pipe. The fixing member (122) is the tubular mouthpiece fastener [0015]. [0018]).
•A mouthpiece ring having a central aperture (The first adjusting ring (123) would be the mouthpiece ring) [0015].
•Wherein the mouthpiece fastener is configured to extend through the central aperture of the mouthpiece ring to snap-fit engage the mouthpiece cover (As shown in Figure 7, the mouthpiece (121) connects with the fixing member (122) by placing the first adjusting ring (123) in between the mouthpiece (121) and fixing member (122) and rotating the mouthpiece (121) to connect with the fixing member (122) while allowing the first adjusting ring (123) to lock the components in place).
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In regards to claim 7, with reference to the above Figures 1, 3, and 7 (Page 14) Liu teaches an atomizer assembly for an e-cigarette device (The present disclosure relates to substitutes for cigarettes, are more particularly, to an electronic cigarette and an atomizer device (10) thereof [0001].
•An atomizer body assembly ( As shown in Figure 1, The atomizer device (10) provided in the present disclosures includes a housing; a liquid injection channel is defined in the housing for injection liquid solution into the liquid reservoir chamber) [0004].
•A mouthpiece assembly (suction nozzle assembly (12)) [0015)
•Wherein the mouthpiece assembly is configured to engaged the atomizer body assembly (As shown in Figure 3 (a cross-sectional view of the atomizer device of Figure 1), the mouthpiece assembly is engaged with the atomizer body assembly.
•Wherein the mouthpiece assembly includes a mouthpiece cover (The suction nozzle (121)) [0015], a tubular mouthpiece fastener (The fixing member (122)) [0015], and a mouthpiece ring having a central aperture (The first adjusting ring (123) [0015];
•Wherein the atomizer body assembly includes an atomizer housing (the bottom portion of Figure 3 is the atomizer housing).
•An atomization tube (The liquid reservoir assembly (11) includes a cartridge (111), an air flowing pipe (112), a sealing unit, and an atomizer cover (114). The air flowing pipe (112) is the atomization tube [0026]).
•An atomization seat configured to position the atomization tube within the atomizer housing (As shown in Figure 3, the atomizer base (14) is configured to position the air following pipe (112) in the middle within the atomizer tube).
•Wherein the mouthpiece fastener is partially disposed within the atomization tube (The housing includes an air flowing pipe (112), a cartridge (111) sleeved on the air flowing pipe (112), and a sealing unit (113) arranged on one end of the cartridge corresponding to the air flowing pipe (112); the liquid reservoir chamber (115) is formed between the cartridge (111) and the air flowing pipe(112)) [0005]. As show in Figure 4, the suction nozzle assembly (12) includes a suction nozzle (121), a fixing member (122), and a first adjusting ring (123). The fixing member 122 is arranged between the suction nozzle (121) and the sealing unit (113). The suction nozzle (121), the fixing member (122), and the air flowing pipe (112) communicate with each other [0026].
•Wherein the mouthpiece fastener extends through the central aperture of the mouthpiece ring to snap-fit engage the mouthpiece cover. (As show in Figure 7, the mouthpiece (121) connects with the fixing member (122) by placing the first adjusting ring (123) in between the mouthpiece (121) and fixing member (122) and rotating the mouthpiece (121) to connect with the fixing member (122) while allowing the first adjusting ring (123) to lock the components in place).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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Claims 2-6 and 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over LIU (EP 3248479A1), in view of ZHU (EP 3406145B1).
In regards to claims 2 and 8, with the above reference in Figure 3, LIU discloses a mouthpiece assembly (suction nozzle assembly (12) [0015] and the mouthpiece fastener (The first fixing member (122) is configured to engaged the mouthpiece cover (mouthpiece (121)).
LIU does not explicitly disclose wherein the mouthpiece fastener includes at least one groove extending around the circumference of the mouthpiece fastener configured to engage the mouthpiece cover.
ZHU, with reference to the above Figure 5, discloses a mouthpiece fastener (1012) includes at least one groove (extending around the circumference of the mouthpiece fastener configured to engage the mouthpiece cover.
Therefore, before the effective filling date of the claimed invention, it would be obvious of one having ordinary skill in the art to modify the mouthpiece assembly of LIU by applying the grooves on the mouthpiece fastener as taught by ZHU because LIU and ZHU are directed to the mouthpiece assembly to electronic cigarettes, the grooves of the mouthpiece fastener act as a locking point to protect the mouthpiece or hold it in position during use for an electronic cigarette and this involves applying a known feature of a known device to a similar device to yield predictable results.
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In regards to claims 3 and 9, with reference to the above Figure 4, Modified LIU teaches the mouthpiece assembly of Claim 1, wherein the mouthpiece cover includes at least two snap-in seats configured to engage the mouthpiece fastener As shown in Figure 4, there are two openings for the snap-in seats for the mouthpiece cover( mouthpiece (121)) that would allow the mouthpiece fastener (the fixing member (122)) to engage with each other.
In regards to claims 4 and 10, with reference to the above Figure 4, Modified LIU teaches the mouthpiece assembly of Claim 3, wherein the mouthpiece fastener includes a snap portion configured to engage at least two snap-in seats. As shown in Figure 4, the mouthpiece fastener (the fixing member (122) includes a snap portion that allows to engage into the openings for two snap-in seats.
In regards to claims 5 and 11, with the above reference of Figure 3, Modified LIU teaches the mouthpiece assembly of Claim 1, wherein the mouthpiece assembly is configured to engaged an atomizer housing. As shown in Figure 3, the mouthpiece assembly (which includes the suction nozzle (121), mouthpiece fastener (122), and the mouthpiece ring (123) is connected to the atomizer housing.
In regards to claims 6 and 12, with the above reference of Figure 3, Modified LIU teaches the mouthpiece assembly of claim 5, wherein the mouthpiece ring is configured to engage the atomizer housing. As shown in Figure 3, the mouthpiece ring (123) is connected to the atomization tube (112) which is a part of the atomizing housing.
In regards to claim 13, with reference to the above Figures 3 and 4, Modified LIU teaches the mouthpiece assembly of Claim 7, wherein an e-liquid storage cavity is defined by the atomizer housing, the atomization tube, and the atomization seat. (As shown in Figures 3 and 4, the liquid reservoir assembly (11) includes a cartridge (111), an air flowing pipe (112), a sealing unit (113), and an atomizer cover (114). The cartridge (111) is sleeved on the air flowing pipe (112), and a liquid reservoir chamber (115) is formed between the cartridge (111) and the air flowing pipe (112). The sealing unit (113) and the atomizer cover (114) respectively cover two opposite ends of the liquid reservoir chamber (115) and keep the air flowing pipe (112) communicating with atmosphere. A first sealing rubber gasket is arranged between the atomizer cover (114) and the cartridge (111), and a second sealing rubber gasket is arranged between the atomizer cover (114) and the air flowing pipe (112). The cartridge (111), the air flowing pipe (112), the sealing unit (113), and the atomizer cover (114) cooperate with each other to form a housing with the liquid reservoir chamber (115)) [0025]. The atomization base (14) is a part of the atomization device (10) that is part of the liquid reservoir chamber (115).
Conclusion
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examiner should be directed to SHADEED QA'ID DRAKEFORD whose telephone
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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.
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/SHADEED QA'ID DRAKEFORD/Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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