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 .
The action is in response to the filing on 11/4/2025. Since the initial filing, claim 1 has been amended and no claims have been added or cancelled. Thus, claims 1-11 are pending in the application.
In regards to the previous 112 Rejections, Applicant has argued to overcome these rejections and they are therefore withdrawn.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 11/4/2025 has been entered.
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(s) 1, 2 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2020/0178606), hereafter referred to as Liu-606, in view of Liu (US 2019/0183176), hereafter referred to as Liu-176, Lord (US 2022/0030942), Germinario (US 2019/0134330) and Ng (US 2006/0243820) as evidenced by Adiga (US 2003/0127535).
In regards to claim 1, Liu-606 discloses an ultrasonic mist inhaler (title, paragraph 34), comprising: a liquid reservoir structure comprising a liquid chamber (e-liquid storage assembly 1), the liquid chamber comprising a liquid to be atomized (e-liquid chamber 4), and a sonication chamber in fluid communication with the liquid chamber (atomization core 2, paragraph 37), wherein the sonication chamber comprises an ultrasonic oscillation component (ultrasonic atomization sheet 3).
Liu-606 does not disclose wherein the ultrasonic component receives a signal for vibrating the ultrasonic oscillation component at a frequency of at least 2.8 MHz, the liquid has a dynamic viscosity of at least 1.05 Pa.sec; and an integrated circuit which outputs an alternating current to the ultrasonic oscillation component for vibrating the ultrasonic oscillation component t at least 2.8 MHz to generate a mist, and the integrated circuit comprises a microprocessor and a sensor within the sonication chamber which senses vibration of the ultrasonic oscillation component and generates a plurality of vibration readings during the vibration of the ultrasonic oscillation component, the microprocessor processing the vibration readings from the sensor and, in response to each respective vibration reading of the vibration reading, the microprocessor controls the integrated circuit to output the alternating current to the ultrasonic oscillation component to vibrate and wherein when the liquid having a dynamic viscosity of at least 1.05 Pa.sec is vibrated by the ultrasonic oscillation component a bubble with a volume of at least 0.25 microns3 is produced, the mist including microscopic liquid particles, resulting from energy released form implosion of the liquid during cavitation which causes the liquid to be fragmented into the microscopic liquid particles which are dispersed into air in the sonication chamber as the mist.
However, Liu-176 teaches an ultrasonic inhaler having an ultrasonic oscillation component receiving a predetermined signal for vibrating the ultrasonic oscillation component at a frequency of at least 2.8 MHz (vibration frequency 1-3 MHz, paragraph 51).
Further, Lord teaches an inhaler wherein the liquid has a dynamic viscosity or at least 1.05 Pa.sec (paragraph 89).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu-606 wherein the ultrasonic oscillating component vibrates at a frequency of at least 2.8 MHz and such that the liquid has a dynamic viscosity of at least 1.05 Pa.sec as taught by Liu-176 and Lord as this is a known operational range for ultrasonic inhalers wherein it has been held that in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists and this is a known property of liquids commonly used in inhalers (Lord: paragraph 14).
While the combination does not explicitly teach that when the liquid having a dynamic viscosity of at least 1.05 Pa.sec is vibrated by the ultrasonic oscillation component a bubble with a volume of at least 0.25 microns is produced and a mist is generated, as the combinations teaches the claimed operational parameters of the device (Liu-176: paragraph 51) and the claimed physical properties of the liquid (Lord: paragraph 89), the Examiner considers the above a property of the device in conjunction with the composition. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case or either anticipation or obviousness has been established. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the device of the modified Liu in view of Lord to operate such that when the liquid having a dynamic viscosity of at least 1.05 Pa.sec is vibrated by the ultrasonic oscillation component a bubble with a volume of at least 0.25 microns is produced and a mist is generated.
Further, Germinario teaches an inhaler (inhalation device 200) having a sensor within the sonication chamber which senses a vibration of the oscillation component and generates a plurality of vibration readings during the vibration of the ultrasonic oscillation component (mesh monitoring of the vibrating mesh, paragraph 88 line 4-10), an integrated circuit comprising a microprocessor (controller 222 may include a microprocessor, paragraph 79) which, in response to each respective vibration, controls the activation of the device and provide electric power to the ultrasonic oscillator (paragraph 88 line 4-10).
Additionally, Ng teaches that it is known for ultrasonic atomizer to function using alternating current (paragraph 6 and 34).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu to have a sensor within the sonication chamber which senses a pressure of the liquid; an integrated circuit comprising a microprocessor which uses sensor data to control activation of the device and provide electric power to the ultrasonic oscillator using alternating current as taught by Germinario and Ng as this is a known means to control operation of the device and apply power to the ultrasonic oscillator.
While the combination does not explicitly teach the mist including microscopic liquid particles, resulting from energy released from implosion of the liquid during cavitation which causes the liquid to be fragmented into the microscopic particles which are dispersed into the air in the sonication chamber as the mist, it does teach ultrasonic generation of mist which Adiga evidences is known to generate mist resulting from energy released from implosion of the liquid during cavitation which causes the liquid to be fragmented into the microscopic particles which are dispersed into the air in the sonication chamber as the mist (paragraph 37). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention for the modified device wherein the mist including microscopic liquid particles, resulting from energy released from implosion of the liquid during cavitation which causes the liquid to be fragmented into the microscopic particles which are dispersed into the air in the sonication chamber as the mist as evidenced by Adiga as this is a known process by which ultrasonic generation of mist is achieved.
In regards to claim 2, Liu-606 in view of Liu-176, Lord, Germinario and Ng as evidenced by Adiga teaches the deice of claim 1 and Liu further discloses wherein a capillary element (atomization sheet 3) extends between the sonication chamber and the liquid chamber (paragraph 43, Fig 1).
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Annotated Fig 1
In regards to claim 11, Liu-606 in view of Liu-176, Lord, Germinario and Ng as evidenced by Adiga teaches the device of claim 1.
Liu-606 does not disclose wherein said liquid to be received in the liquid chamber comprises 57-70% (w/w) vegetable glycerin and 30-43% (w/w) propylene glycol, nicotine, and flavorings.
However, Lord teaches wherein said liquid to be received in the liquid chamber comprises 57-70% (w/w) vegetable glycerin and 30-43% (w/w) propylene glycol, nicotine, and flavorings (paragraph 108).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu-606 such that the liquid to be received in the liquid chamber comprises 57-70% (w/w) vegetable glycerin and 30-43% (w/w) propylene glycol, nicotine, and flavorings as taught by Lord as this is a known property of liquids commonly used in inhalers (Lord: paragraph 14).
Claim(s) 3, 4 and 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2020/0178606), hereafter referred to as Liu-606, in view of Liu (US 2019/0183176), hereafter referred to as Liu-176, Lord (US 2022/0030942), Germinario (US 2019/0134330) and Ng (US 2006/0243820) as evidenced by Adiga (US 2003/0127535) as applied to claim 2 above and in further view of Wensley (US 2018/0343925).
In regards to claim 3, Liu-606 in view of Liu-176, Lord, Germinario and Ng as evidenced by Adiga teaches the device of claim 2.
Liu-606 does not disclose wherein the capillary element is a material at least partly made of bamboo fibers.
However, Wensley teaches wherein the capillary element is a material at least partly made of bamboo fibers (paragraph 36).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu-606 wherein the capillary element is a material at least partly made of bamboo fibers as taught by Wensley as this is a known material for inhaler wicks.
In regards to claim 4, Liu-606 in view of Liu-176, Lord, Germinario and Ng as evidenced by Adiga and in view of Wensley teaches the device of claim 3.
Liu-606 does not disclose wherein the capillary element material is 100% bamboo fiber.
However, Wensley teaches wherein the capillary element material is 100% bamboo fiber (paragraph 36).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu-606 wherein the capillary element material is 100% bamboo fiber as taught by Wensley as this is a known material for inhaler wicks.
In regards to claim 7, Liu-606 in view of Liu-176, Lord, Germinario and Ng as evidenced by Adiga and in view of Wensley teaches the device of claim 3 and Liu-606 further discloses wherein the capillary element has a flat shape (bottom of central portion is flat, see Annotated Fig 1).
In regards to claim 8, Liu in view of Lord, Germinario and Ng as evidenced by Adiga and in view of Wensley teaches the device of claim 3 and Liu-606 further discloses wherein the capillary element comprises a central portion and a peripheral portion (see Annotated Fig 1).
In regards to claim 9, Liu-606 in view of Liu-176, Lord, Germinario and Ng as evidenced by Adiga and in view of Wensley teaches the device of claim 8.
Liu-606 does not disclose wherein the peripheral portion has an L-shape cross section extending down to the liquid chamber.
While Liu-606 teaches that the peripheral portion of the capillary element is in communication with the liquid reservoir (Liu-606: paragraph 43 line 10-12) it does not teach wherein the peripheral portion has an L-shape cross section. However, while Wensley does not explicitly teach wherein the peripheral portion has an L-shape cross section extending down to the liquid chamber, it does teach that it is known that the capillary element (Wensley: wick 32) may either abut or extend into the liquid reservoir (Wensley: paragraph 36). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu-606 wherein the peripheral portion has an L-shape cross section extending down to the liquid chamber as taught by Wensley as this would constitute a simple change of shape without functionally altering the device and therefore not patentably distinct over the prior art (MPEM 2144.04 IV B).
In regards to claim 10, Liu-606 in view of Liu-176, Lord, Germinario and Ng as evidenced by Adiga and in view of Wensley teaches the device of claim 9 and Liu-606 further discloses wherein the central portion has a U-shape cross section extending down to the sonication chamber (see Annotated Fig 1).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2020/0178606), hereafter referred to as Liu-606, in view of Liu (US 2019/0183176), hereafter referred to as Liu-176, Lord (US 2022/0030942), Germinario (US 2019/0134330), Ng (US 2006/0243820) as evidenced by Adiga (US 2003/0127535) and in view of Wensley (US 2018/0343925) as applied to claim 3 above and in further view of Yildiztekin (WO 2016/175720).
In regards to claim 5, Liu-606 in view of Liu-176, Lord, Germinario and Ng as evidenced by Adiga and in view of Wensley teaches the device of claim 3.
Liu-606 does not disclose wherein the capillary element material is at least 75% bamboo fiber and, preferably, 25% cotton.
However, Wensley teaches wherein it is known to use cotton or bamboo as the material for the capillary element (paragraph 36). Further, Yildiztekin teaches wherein it is known within electric vaporizers to use a combination of cotton and bamboo in various relative amounts for the capillary element (page 8 line 4-5 and 7-8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu-606 wherein the capillary element material is at least 75% bamboo fiber and, preferably, 25% cotton as taught by Wensley and Yildiztekin as this would provide a measured draw of liquid from the reservoir (Yildztekin: page 8 line 4-5) and the range of percentage amounts of each material is deemed as a results effective variable for liquid absorption that one skilled in the art would be reasonably capable of determining through routine experimentation (MPEP: 2144.05 II A).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu (US 2020/0178606), hereafter referred to as Liu-606, in view of Liu (US 2019/0183176), hereafter referred to as Liu-176, Lord (US 2022/0030942), Germinario (US 2019/0134330), Ng (US 2006/0243820) as evidenced by Adiga (US 2003/0127535) and in view of Wensley (US 2018/0343925) as applied to claim 3 above and in further view of Fraser (US 2019/0133186).
In regards to claim 6, Liu-606 in view of Liu-176, Lord, Germinario and Ng as evidenced by Adiga and in view of Wensley teaches the device of claim 3.
Liu-606 does not disclose wherein the capillary element has a thickness between 0.27mm and 0.32mm.
However, Fraser teaches a vaporizer wherein the capillary element has a thickness between 0.27mm and 0.32mm (thickness of the wick may be between 50 to 200 times smaller than the length of the wick, paragraph 51 line 24-26, length may be between 5 mm and 15 mm, paragraph 51 line 30, yielding a range of thicknesses between 0.025 mm and 0.3 mm).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Liu-606 wherein the capillary element has a thickness between 0.27mm and 0.32mm as taught by Fraser as it is known to alter the thickness of the wick or capillary element to provide an appropriate vaporization rate for the device as needed (Fraser: paragraph 42 line 11-15).
Response to Arguments
In regards to the arguments concerning the independent claim, these arguments are in regards to the amendments made to the claim and are addressed in the new rejections entered above.
Arguments regarding other references are not persuasive as none of these references are called upon for the argued limitations.
Conclusion
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/ARIELLE WOLFF/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785