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 1-14 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
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 9 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 9 recites the limitation “the first seal element” on ln 1. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner has interpreted “the first seal element” to refer to “a first seal element”.
Claim 9 recites the limitation “the first avoidance groove” on ln 2-3. There is insufficient antecedent basis for this limitation in the claim. For examination purposes, examiner has interpreted “the first avoidance groove” as “a first avoidance groove”.
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.
Claims 1-3, and 6-14 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN 110893016 A, Cited on the IDS dated 9/8/2023, English Translation provided by Examiner).
Regarding Claim 1, Yang, directed to vaporizers ([0001]-[0004]), teaches a vaporizer, configured to vaporize a liquid substrate to generate an aerosol ([0045], Figs. 1-5; Atomizer 10 (vaporizer) includes a housing 100, a mounting component 200 and an atomizing component 300. The atomizing component 300 is used to heat the liquid, represented by the aerosol generating matrix, thereby atomizing (vaporizing) the liquid to form smoke (aerosol) for the user to inhale), and comprising:
a housing, wherein a liquid storage cavity configured to store a liquid substrate is formed in the housing ([0045]-[0047], Figs. 1-5; Atomizer 10 (vaporizer) includes a housing 100. Liquid storage chamber 130 (liquid storage cavity) configured to store a liquid substrate is formed in housing 100);
a vaporization assembly, having a vaporization surface and configured to vaporize at least part of the liquid substrate to generate an aerosol ([0045], Figs. 1-5; Atomizer 10 (vaporizer) includes an atomizing component 300. [0049]-[0050], Fig. 3-4; Atomizing component 300 includes an atomizing core 310, a sealing element 320, and a heating element. Atomizing core 310 includes a side wall portion 311 and a bottom wall portion 312. The bottom surface of the bottom wall 312 is the atomizing surface 312a (vaporization surface). The heating element is disposed on the atomizing surface 312a. When the heating element generates heat, the liquid on the atomizing surface 312a will absorb the heat and atomize to form smoke. Atomizing core 310 and the heating element form a vaporization assembly);
a support, comprising a holding space in fluid communication with the liquid storage cavity, wherein the vaporization assembly is at least partially accommodated in the holding space ([0046]-[0047], [0050], Figs. 1-5; The mounting assembly 200 includes a top cover 210 and a base 220, which cooperate to form a support. Top cover 210 and a base 220 form a holding space wherein the vaporization assembly (atomizing core 310 and heating element) are at least partially accommodated in the holding space. Liquid is configured to flow from liquid storage chamber 130 and through the pores of atomizing core 310 located in the holding space. Therefore, the holding space in fluid communication with the liquid storage chamber 130 through liquid inlet channel 212);
a flexible seal element, having an interference fit region, wherein the seal element is configured to provide a seal between the housing and the vaporization assembly through the interference fit region ([0046]-[0047], Figs. 1-5; Housing 100 includes a body portion 110. The mounting assembly 200 includes a top cover 210 and a base 220. A sealing plug 230 (seal element) is fitted onto the top cover 210. The sealing plug 230 provide a seal between the body part 110 (housing) and the vaporization assembly (atomizing core 310 and heating element), thereby improving the sealing performance of the liquid storage chamber 130. Sealing plug 230 is shown in Fig. 4 as having two convex ribs which form an interference fit region which directly abuts (presses against) the inner surface of body portion 110),
an air channel, configured to provide an airflow path for air to enter the liquid storage cavity, wherein the airflow path avoids the interference fit region, and the air channel comprises a first part extending from an outer surface of the support to an inner surface of the support, and a second part extending between the seal element and a surface of the support ([0053], Figs. 4 and 9; Air enters the atomizer 10 through air intake channel 13, then flows through the first groove 221a, the cavity 101, first airflow channel 12, and through the micropores in the side wall 311 of the atomizing core 310 to reach the buffer cavity 314. Air in buffer cavity 314 can flow into liquid storage cavity 130 to equalize pressure when liquid flows out of liquid storage cavity 130. Air intake channel 13, first groove 221a, cavity 101, first airflow channel 12, the micropores in side wall 311, and buffer cavity 314 form an air channel. The air channel avoids the interference region located between body portion 110 and sealing plug 230. First groove 221a is a first part extending from an outer surface of base 220 to an inner surface of top cover 210. Cavity 101 is a second part extending between sealing plug 230 (seal element) and an outer surface of top cover 210 (support))
but does not teach the vaporizer wherein the seal element is flexible.
While Yang does not explicitly disclose that sealing element 230 is flexible, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the vaporizer wherein the seal element is flexible because Yang discloses an additional seal element which is formed from silicone, a known flexible material (Yang, [0024], [0052]), and silicone has good heat insulation performance, preventing the heat generated on the vaporization assembly from being transferred to the housing (Yang, [0052]), and this involves a material substitution to yield predictable results.
Regarding Claim 2, Yang teaches the vaporizer according to claim 1, wherein a convex rib at least partially surrounding the seal element is arranged on the seal element, and the interference fit region is defined by the convex rib ([0046]-[0047], Figs. 1-5; Sealing plug 230 is shown in Fig. 4 as having two convex ribs which form an interference fit region which directly abuts (presses against) the inner surface of body portion 110).
Regarding Claim 3, Yang teaches the vaporizer according to claim 2, wherein the seal element comprises a first seal element arranged between the support and the vaporization assembly, a first avoidance groove adjacent to the first part is arranged on the first seal element, and the second part is defined between the first avoidance groove and an inner surface of the holding space ([0049]-[0051], Fig. 3-4; Atomizing component 300 includes an atomizing core 310, a sealing element 320 (first seal element), and a heating element. The sealing element 320 simultaneously forms a covering effect on the atomizing core 310 in both the circumferential and axial directions, further improving the installation stability of the sealing element 320. First airflow channel 12 is a first avoidance groove arranged on sealing element 320 (first seal element). A cavity 101 (second part) defined between first airflow channel 12 (first avoidance groove) and an inner surface of the holding space defined between upper cover 210 and base 220).
Regarding Claim 6, Yang teaches the vaporizer according to claim 1, wherein the second part is constructed to extend in a longitudinal direction of the vaporizer ([0053], Figs. 4 and 9; Cavity 101 (second part) is constructed to extend in a longitudinal direction of atomizer 10 (vaporizer)).
Regarding Claim 7, Yang teaches the vaporizer according to claim 1, wherein the first part and the second part are substantially perpendicular to each other ([0053], Figs. 4 and 9; First groove 221a (first part) and cavity 101 (second part) are substantially perpendicular to each other).
Regarding Claim 8, Yang teaches the vaporizer according to claim 7, wherein the vaporization assembly comprises a liquid channel running through the vaporization assembly in a length direction, and is in fluid communication with the liquid storage cavity through the liquid channel to absorb the liquid substrate ([0050], Figs. 4 and 9; Buffer cavity 314 is a liquid channel running through atomizer core 310 (vaporization assembly) in a length direction (up and down as shown in Figs. 4 and 9). Buffer cavity 314 is in fluid communication with the liquid storage cavity 130 through the buffer cavity 314 (liquid channel) to absorb the liquid substrate into the pores of atomizer core 310).
Regarding Claim 9, Yang teaches the vaporizer according to claim 8, wherein the first seal element comprises a side wall opposite to the liquid channel in the length direction, and the first avoidance groove is located on an outer surface of the side wall ([0049]-[0051], Fig. 3-4; Atomizing component 300 includes an atomizing core 310, a sealing element 320 (first seal element), and a heating element. A side wall of sealing element 320 is directly opposite to the buffer cavity 314 in the length direction. A cavity 101 (first avoidance groove) is located on an outer surface of the side wall of sealing element 320).
Regarding Claim 10, Yang, directed to vaporizers ([0001]-[0004]), teaches a vaporizer, configured to vaporize a liquid substrate to generate an aerosol ([0045], Figs. 1-5; Atomizer 10 (vaporizer) includes a housing 100, a mounting component 200 and an atomizing component 300. The atomizing component 300 is used to heat the liquid, represented by the aerosol generating matrix, thereby atomizing (vaporizing) the liquid to form smoke (aerosol) for the user to inhale), and comprising:
a housing, wherein a liquid storage cavity configured to store a liquid substrate is formed in the housing ([0045]-[0047], Figs. 1-5; Atomizer 10 (vaporizer) includes a housing 100. Liquid storage chamber 130 (liquid storage cavity) configured to store a liquid substrate is formed in housing 100);
a vaporization assembly, having a vaporization surface and configured to vaporize at least part of the liquid substrate to generate an aerosol ([0045], Figs. 1-5; Atomizer 10 (vaporizer) includes an atomizing component 300. [0049]-[0050], Fig. 3-4; Atomizing component 300 includes an atomizing core 310, a sealing element 320, and a heating element. Atomizing core 310 includes a side wall portion 311 and a bottom wall portion 312. The bottom surface of the bottom wall 312 is the atomizing surface 312a (vaporization surface). The heating element is disposed on the atomizing surface 312a. When the heating element generates heat, the liquid on the atomizing surface 312a will absorb the heat and atomize to form smoke. Atomizing core 310 and the heating element form a vaporization assembly);
a support, configured to at least partially hold the vaporization assembly, and having a liquid guide hole for the liquid substrate in the liquid storage cavity to flow to the vaporization assembly ([0046]-[0047], [0050]-[0051], Figs. 1-6, 8; The mounting assembly 200 includes a top cover 210 and a base 220, which cooperate to form a support. Top cover 210 and a base 220 form a holding space wherein the vaporization assembly (atomizing core 310 and heating element) are at least partially accommodated in the holding space. Liquid is configured to flow from liquid storage chamber 130 through the liquid inlet channel 212 (liquid guide hole) to atomizing core 310);
a second seal element, having an interference fit region, wherein the second seal element is configured to provide a seal between the housing and the support through the interference fit region ([0046]-[0047], Figs. 1-5; Housing 100 includes a body portion 110. The mounting assembly 200 includes a top cover 210 and a base 220. A sealing plug 230 (second seal element) is fitted onto the top cover 210. The sealing plug 230 provide a seal between the body part 110 (housing) and the vaporization assembly (atomizing core 310 and heating element), thereby improving the sealing performance of the liquid storage chamber 130. Sealing plug 230 is shown in Fig. 4 as having two convex ribs which form an interference fit region which directly abuts (presses against) the inner surface of body portion 110); and
an air channel, configured to provide an airflow path for air to enter the liquid storage cavity, wherein the airflow path avoids the interference fit region, and the air channel comprises a third part extending between the second seal element and a surface of the support, and a fourth part extending from an outer surface of the support to the liquid guide hole ([0053], Figs. 4 and 9; Air enters the atomizer 10 through air intake channel 13, then flows through the first groove 221a, the cavity 101, first airflow channel 12, and through the micropores in the side wall 311 of the atomizing core 310 to reach the buffer cavity 314. Air in buffer cavity 314 can flow into liquid storage cavity 130 to equalize pressure when liquid flows out of liquid storage cavity 130. Air intake channel 13, first groove 221a, cavity 101, first airflow channel 12, the micropores in side wall 311, and buffer cavity 314 form an air channel. The air channel avoids the interference region located between body portion 110 and sealing plug 230. Cavity 101 is a third part extending between sealing plug 230 (second seal element) and an outer surface of base 320 (support). First airflow channel 12 and buffer cavity 314 form a fourth part extending from an outer surface of upper cover 210 (support) to liquid inlet channel 212 (liquid guide hole)),
but does not teach the vaporizer wherein the seal element is flexible.
While Yang does not explicitly disclose that sealing element 230 is flexible, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the vaporizer wherein the seal element is flexible because Yang discloses an additional seal element which is formed from silicone, a known flexible material (Yang, [0024], [0052]), and silicone has good heat insulation performance, preventing the heat generated on the vaporization assembly from being transferred to the housing (Yang, [0052]), and this involves a material substitution to yield predictable results.
Regarding Claim 11, Yang teaches an electronic vaporization device, comprising a vaporizer configured to vaporize a liquid substrate to generate an aerosol, and a power supply mechanism configured to supply power to the vaporizer, wherein the vaporizer comprises the vaporizer according to claim 1 ([0059], The present invention also provides an electronic atomizing device (electronic vaporization device), which includes a power supply component (power supply mechanism) and an atomizer 10 as described in the above embodiments (vaporizer according to claim 1). The power supply component is installed at the bottom of the base 220 in a detachable manner. The power supply component is connected to the heating element on the atomizing surface 312a through an electrode 400, so that the power supply component can supply power to the heating element).
Regarding Claim 12, Yang teaches the vaporizer according to claim 2, wherein the second part is constructed to extend in a longitudinal direction of the vaporizer ([0053], Figs. 4 and 9; Cavity 101 (second part) is constructed to extend in a longitudinal direction of atomizer 10 (vaporizer)).
Regarding Claim 13, Yang teaches the vaporizer according to claim 2, wherein the first part and the second part are substantially perpendicular to each other ([0053], Figs. 4 and 9; First groove 221a (first part) and cavity 101 (second part) are substantially perpendicular to each other).
Regarding Claim 14, Yang teaches an electronic vaporization device, comprising a vaporizer configured to vaporize a liquid substrate to generate an aerosol, and a power supply mechanism configured to supply power to the vaporizer, wherein the vaporizer comprises the vaporizer according to claim 2 ([0059], The present invention also provides an electronic atomizing device (electronic vaporization device), which includes a power supply component (power supply mechanism) and an atomizer 10 as described in the above embodiments (vaporizer according to claim 2). The power supply component is installed at the bottom of the base 220 in a detachable manner. The power supply component is connected to the heating element on the atomizing surface 312a through an electrode 400, so that the power supply component can supply power to the heating element).
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN 110893016 A, Cited on the IDS dated 9/8/2023, English Translation provided by Examiner) as applied to Claim 3, and further in view of Murphy (US 2022/0007717 A1).
Regarding Claim 4, Yang does not teach the vaporizer wherein two convex edges are arranged on the first seal element, and the first avoidance groove is formed by a gap between the at least two convex edges.
Murphy, directed to vaporizers ([0001]), teaches a vaporizer ([0088], Figs. 1a, 1b; Electronic cigarette 100) comprising
an airflow channel ([0093], Fig. 3; Electronic cigarette 100 comprises a cartridge assembly 140; and [0107], Fig. 5; Cartridge 140 comprises a vapour groove configured to allow air and vapor to pass through),
wherein two convex edges are arranged on the airflow channel, and a first avoidance groove is formed by a gap between the at least two convex edges ([0112], Fig. 4c; Vapour groove 147 (airflow channel) can comprise an airflow diverter 148 configured to create turbulence inside the vapour channel. As seen in FIG. 4c, the airflow diverter 148 can be a protrusion 148 extending in the transverse direction in relation to the vapour groove 147. The protrusion 148 can be provided with a hemispherical (convex) shape. Vapour groove 147 may comprise multiple protrusions 148 (convex edges) at different axial length of the cartridges to further enhance the turbulence. The protrusions 148 (convex edges) for an avoidance groove therebetween).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the vaporizer of Yang wherein two convex edges are arranged on the first seal element, and the first avoidance groove is formed by a gap between the at least two convex edges similarly taught by Murphy because Yang and Murphy are directed to vaporizer, the avoidance groove of the first seal element of Yang is an airflow channel (Yang, [0049]-[0051], Fig. 3-4; First airflow channel 12 is a first avoidance groove arranged on sealing element 320 (first seal element)), Murphy demonstrates that convex edges within an airflow channel introduce turbulent flow to the air/vapor flowing through the channel, which would improve the temperature uniformity and the consistency of the air/vapor passing through the channel (Murphy, [0112]), and this involves combining prior art element according to known methods to yield predictable results.
Regarding Claim 5, Yang in view of Murphy teaches the vaporizer according to claim 4, but does not teach the vaporizer wherein a protruding height of the convex rib is greater than or equal to a protruding height of the at least two convex edges.
The precise difference between the protruding heights of the convex rib and the convex edges would have been considered a result effective variable by one of ordinary skill in the art before the effective filing date of the invention because: 1) the sealing performance of the flexible sealing element is a variable which can be modified by the protruding height of the convex rib (Yang, [0046]-[0047]); and 2) the degree of turbulence within the first avoidance groove is a variable which can be modified by the protruding height of the at least two convex edges (Murphy, [0112]). As such, without showing unexpected results, the claimed difference between the protruding heights of the convex rib and the convex edges cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized difference between the protruding heights by routine experimentation to obtain the desired sealing performance and turbulence, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art (see MPEP § 2144.05, II).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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