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 .
Priority
No requirement for an English translation of the foreign priority application is made at this time. Applicant is reminded that, if reliance on the non-English foreign priority application becomes necessary to overcome the date of a reference or otherwise establish entitlement to foreign priority for particular claim limitations, an English translation of the certified copy of the foreign application, together with a statement that the translation is accurate, may be required under 37 CFR 1.55(g)(3).
Specification
Claim 9 recites “silica gel or rubber material,” while the specification describes the corresponding sealing members as made of “silicone or rubber material.” See ¶¶ [0020]–[0022]. Correction is required.
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, 4, and 15 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by machine translation of Zhang (CN218219134U).
Regarding claim 1, Zhang teaches an aerosol generating device comprising:
a housing (outer shell 1, Fig. 2) and a liquid storage cup mounted in the housing (inner shell 2 disposed inside outer shell 1, Fig. 2), wherein a suction nozzle is disposed on the housing (nozzle 5 constructed on outer shell 1, ¶ [0037], Fig. 2);
a first liquid storage space (atomizing liquid storage cavity 3, ¶ [0036], Fig. 2) formed between the housing (outer shell 1, Fig. 2) and the liquid storage cup (inner shell 2, Fig. 2);
a second liquid storage space (space in inner shell 2 filled with buffer liquid storage cotton 10 that stores atomizing liquid, ¶ [0055], Fig. 2) and a cell mounting cavity (battery cell mounting cavity 12, ¶ [0058], Fig. 2) formed in the liquid storage cup (inner shell 2, Fig. 2);
a liquid conducting hole (liquid inlet 7, ¶ [0036], Fig. 3) for communicating the first liquid storage space (atomizing liquid storage cavity 3, ¶ [0036], Fig. 2) and the second liquid storage space (space in inner shell 2 filled with buffer liquid storage cotton 10, ¶ [0055], Fig. 2) disposed on the liquid storage cup (inner shell 2, Fig. 3);
a first sealing member (inner and outer shell sealing ring 18, ¶ [0065], Fig. 2) disposed between the housing (outer shell 1, Fig. 2) and the liquid storage cup (inner shell 2, Fig. 2) and at a side away from the suction nozzle (near the lower opening opposite nozzle 5, Fig. 2);
a second sealing member (inner shell bottom cover 14, ¶ [0061], Fig. 2) disposed at a side of the second liquid storage space away from the suction nozzle (at the first opening of inner shell 2 away from nozzle 5, ¶ [0061], Fig. 2); and
a third sealing member (outer shell bottom cover 15, ¶ [0064], Fig. 2) disposed at a side of the liquid storage cup away from the suction nozzle (at the lower side of inner shell 2 opposite nozzle 5, Fig. 2), and the third sealing member is disposed at a side of the second sealing member away from the suction nozzle (outer shell bottom cover 15 positioned farther from nozzle 5 than inner shell bottom cover 14, Fig. 2).
Regarding claim 4, Zhang teaches the aerosol generating device of claim 1, wherein the housing is made of a transparent material (outer shell 1 made of transparent material, ¶ [0040], Fig. 2).
Regarding claim 15, Zhang teaches the aerosol generating device of claim 1, wherein the first sealing member is of an annular structure (inner and outer shell sealing ring 18 provided between the outer wall of inner shell 2 and the inner wall of outer shell 1, ¶ [0065], Fig. 2).
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 3 is rejected under 35 U.S.C. § 103 as being unpatentable over machine translation of Zhang (CN218219134U) in view of Chen (US 2021/0321670 A1).
Regarding claim 3, Zhang teaches the aerosol generating device of claim 1, including the first sealing member (inner and outer shell sealing ring 18 provided between the outer wall of inner shell 2 and the inner wall of outer shell 1, Zhang ¶ [0065], Fig. 2). Zhang does not expressly teach that the first sealing member is integrally formed on an inner wall of the housing or an outer wall of the liquid storage cup.
Chen is in the same field of endeavor as Zhang because Chen is directed to an e-cigarette cartridge including sealing structures for a cartridge/closure body. Chen teaches an integrally formed sealing member (sealing member 60 integrally formed on closure member 40, Chen ¶ [0037], Figs. 2, 9, 17). Chen further teaches that integrally forming the closure member 40 and sealing member 60 avoids the need to separately assemble the sealing member, thereby facilitating automatic assembly (Chen ¶ [0045]).
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 Zhang’s first sealing member (inner and outer shell sealing ring 18) so that the first sealing member is integrally formed on the outer wall of the liquid storage cup (inner shell 2) or the inner wall of the housing (outer shell 1), as taught by Chen, in order to reduce separate sealing components, simplify assembly, and maintain sealing between the housing and the liquid storage cup.
Claims 5, 7, and 9 are rejected under 35 U.S.C. § 103 as being unpatentable over machine translation of Zhang (CN218219134U) in view of Qiu (US 2021/0298356 A1).
Regarding claim 5, Zhang teaches the aerosol generating device of claim 1, including the second sealing member (inner shell bottom cover 14, Zhang ¶ [0061], Fig. 2).
Zhang does not expressly teach at least two protruding sealing ribs disposed on an outer periphery of the second sealing member.
Qiu is in the same field of endeavor as Zhang because Qiu is directed to an electronic-cigarette cartridge including sealing structures for sealing a liquid storage chamber. Qiu teaches at least two protruding sealing ribs disposed on an outer periphery of a sealing member (a plurality of sealing ribs 5427 protruding outward from the outer circumferential surface of sealing column 5422 and sequentially spaced along the axial direction of sealing column 5422, Qiu ¶ [0155], Figs. 16–17). Qiu further teaches that the sealing ribs 5427 provide multiple sealing layers, enhance sealing performance, and prevent leakage of e-liquid (Qiu ¶ [0155]).
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 Zhang’s second sealing member (inner shell bottom cover 14) to include at least two protruding sealing ribs on an outer periphery, as taught by Qiu, in order to improve sealing performance and prevent leakage of atomizing liquid.
Regarding claim 7, Zhang teaches the aerosol generating device of claim 1, including the third sealing member (outer shell bottom cover 15, Zhang ¶ [0064], Fig. 2).
Zhang does not expressly teach at least two protruding sealing ribs disposed on an outer periphery of the third sealing member.
Qiu teaches at least two protruding sealing ribs disposed on an outer periphery of a sealing member (a plurality of sealing ribs 5427 protruding outward from the outer circumferential surface of sealing column 5422 and sequentially spaced along the axial direction of sealing column 5422, Qiu ¶ [0155], Figs. 16–17). Qiu further teaches that the sealing ribs 5427 provide multiple sealing layers, enhance sealing performance, and prevent leakage of e-liquid (Qiu ¶ [0155]).
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 Zhang’s third sealing member (outer shell bottom cover 15) to include at least two protruding sealing ribs on an outer periphery, as taught by Qiu, in order to improve sealing performance and prevent leakage of atomizing liquid.
Regarding claim 9, Zhang teaches the aerosol generating device of claim 1, including the first sealing member (inner and outer shell sealing ring 18, Zhang ¶ [0065], Fig. 2), the second sealing member (inner shell bottom cover 14, Zhang ¶ [0061], Fig. 2), and the third sealing member (outer shell bottom cover 15, Zhang ¶ [0064], Fig. 2). Zhang does not expressly teach that the first sealing member is made of a silica gel or rubber material, the second sealing member is made of a silica gel or rubber material, and the third sealing member is made of a silica gel or rubber material.
Qiu teaches a sealing member made of rubber material (sealing element 52 made of a soft material with elastic deformation ability, such as silicone polymer, rubber, or silicone, Qiu ¶ [0170]). Qiu also teaches a sealing plug made of rubber or silicone sealing material (sealing plug 542 made of silicone, rubber, or other sealing materials, Qiu ¶ [0154], Figs. 16–17).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form Zhang’s first sealing member, second sealing member, and third sealing member from rubber, as taught by Qiu, because rubber was a known elastically deformable sealing material for electronic-cigarette liquid storage structures and would improve sealing of the liquid storage chamber and reduce leakage.
Allowable Subject Matter
Claims 2, 6, 8, and 10–14 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 2, the prior art of record, including Zhang (CN218219134U) and Qiu (US 2021/0298356 A1), fails to teach or reasonably suggest a positioning groove disposed on an inner wall of the housing or an outer wall of the liquid storage cup, wherein the first sealing member is disposed in the positioning groove, and at least two protruding sealing ribs are disposed on a side of the first sealing member away from a groove bottom of the positioning groove, each protruding sealing rib abutting against the inner wall of the housing or the outer wall of the liquid storage cup. Zhang teaches an inner and outer shell sealing ring 18 between outer shell 1 and inner shell 2, but does not teach the claimed groove-mounted first sealing member having the claimed rib orientation and abutting relationship. Qiu teaches sealing ribs on a sealing plug/sealing column, but does not teach the claimed first sealing member disposed in a positioning groove on the housing inner wall or liquid storage cup outer wall with ribs arranged on the side away from the groove bottom and abutting the opposing wall.
Regarding claim 6, the prior art of record, including Zhang and Qiu, fails to teach or reasonably suggest a liquid injection hole disposed on the second sealing member, a blocking member disposed in the liquid injection hole, and at least two protruding sealing ribs disposed on an inner wall of the liquid injection hole. Zhang does not teach a liquid injection hole disposed on inner shell bottom cover 14. Qiu teaches liquid injection holes and sealing plugs/ribs generally, but Qiu’s sealing ribs are disposed on the outer circumferential surface of a sealing column/plug, not on the inner wall of a liquid injection hole disposed on the second sealing member. Accordingly, the prior art does not teach or reasonably suggest the specific second-sealing-member liquid-injection-hole and inner-wall rib arrangement recited in claim 6.
Regarding claim 8, the closest prior art of record, including Zhang and Qiu, fails to teach or reasonably suggest a sealing protruding structure disposed on the third sealing member, wherein the sealing protruding structure plugs a side of the cell mounting cavity away from the suction nozzle. Zhang teaches an outer shell bottom cover 15 at the lower side of the device and a battery cell mounting cavity 12 formed in inner shell 2. However, Zhang does not teach that the outer shell bottom cover 15 includes a sealing protruding structure that extends into and plugs the side of the battery cell mounting cavity 12 away from the nozzle. Qiu teaches sealing plugs, sealing columns, and sealing ribs for sealing liquid-storage structures, but does not teach or suggest a sealing protruding structure arranged on a third sealing member to plug a cell mounting cavity.
Because claim 10 depends from claim 8, the prior art also fails to teach or reasonably suggest a mounting cavity formed between the third sealing member and a side of the sealing protruding structure facing away from the suction nozzle, with a control plate disposed in the mounting cavity, as recited in claim 10. While Zhang teaches circuit board 16 disposed between lower cover structures, Zhang does not teach the claimed mounting cavity defined relative to the missing sealing protruding structure of claim 8.
Claims 11–14 are allowable at least by virtue of their dependency from claims 8 and 10. Although Qiu teaches conventional atomizing and airflow components, Qiu does not cure the deficiency of the claimed lower sealing protrusion/cell-cavity plugging arrangement required by claim 8 and carried through the dependent claim chain.
Accordingly, the prior art of record fails to teach or reasonably suggest the claimed groove-mounted first sealing member with the specific protruding-rib arrangement of claim 2, the claimed second-sealing-member liquid-injection-hole and inner-wall rib arrangement of claim 6, the claimed third-sealing-member protruding structure that plugs the cell mounting cavity of claim 8, and the related control-plate mounting cavity arrangement of claim 10.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER KESSIE whose telephone number is (571)272-7739. The examiner can normally be reached Monday - Thursday 7:00am - 5:00pm.
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/JENNIFER A KESSIE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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