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
This office action is in response to Applicant’s amendments filed 07/09/2026.
Claims 1-15 are pending and are subject to this Office Action.
Claims 1 and 6 are amended.
Examiner’s Comment
As discussed in the interview on 07/02/2026, the Examiner suggests amending the claims to further describe the specific shape/structure of the reinforcing member as seen in Figs. 6A-C of the instant specification in order to differentiate the claimed invention from the prior art.
Response to Amendment
The Examiner withdraws the 112(b) rejection to claim 6 for being indefinite due to amendments to the claims filed 07/09/2026.
Response to Arguments
Applicant’s arguments, see page 6, filed 07/09/2026, with respect to the 102 rejection of claim 1 have been fully considered and are persuasive. Claim 1 is amended to further specify the function of the pressing surface. The previous interpretation of Liu ‘589 does not teach that the pressing surface is configured to press the wick in a direction toward the vibrator to maintain contact between the wick and the vibrator as newly required. Therefore, the rejection has been withdrawn. However, upon further consideration, a different interpretation of Liu ‘589 anticipates the claim as amended, and a new ground(s) of rejection is made in view of Liu ‘589.
The following is a modified rejection based on Applicant’s amendments to 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7 and 9-11 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Liu ‘589 (WO 2020253640 A1; hereinafter referring to the corresponding US document US 20220240589 A1).
Regarding claim 1, Liu ‘589 teaches a cartridge for an aerosol generating device ([0004]; [0051]), the cartridge comprising:
a reservoir (see liquid cartridge device 3; Fig. 1; [0051], [0053]) configured to store an aerosol generating material;
a wick (atomization cotton 41; Fig. 2; [0053]) configured to receive the aerosol generating material from the reservoir;
a vibrator (ultrasonic atomization piece 43; Fig. 3; [0053]) configured to vibrate the wick to atomize the aerosol generating material;
and a reinforcing member (outer liquid cartridge shell 32 and spring 7; Figs. 1-3, 13; [0051], [0053]) comprising an atomization space (atomization cavity 50; [0053]) communicating with the wick,
wherein the reinforcing member comprises a first opening (see Annotated Fig. 1) that communicates with the atomization space, and a pressing surface configured to press the wick while contacting a partial area of the wick (end face of the liquid outlet of reinforcing member 32 in combination with spring 7 define the wick-contacting portions (pressing surface) of the reinforcing member; Fig. 2; [0053]).
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Annotated Figure 1 (annotated from Liu ‘589 Fig. 4)
Regarding claim 2, Liu ‘589 teaches that the pressing surface directly contacts the partial area of the wick (Fig. 2; [0053]).
Regarding claim 3, Liu ‘589 teaches that the reinforcing member comprises a liquid flow path (liquid outlet 321; Fig. 2; [0051]) formed in a groove structure on the pressing surface, and one end portion of the liquid flow path communicates with the reservoir such that the aerosol generating material flows through the liquid flow path (Fig. 2; [0060]).
Regarding claim 4, Liu ‘589 teaches that the liquid flow path 321 has another end portion opposite to the one end portion, which communicates with the atomization space (Fig. 2 depicts that the opposite end portion (lower end portion of path 321) communicates with the atomization space 50 via the depicted arrows; [0053]).
Regarding claim 5, Liu ‘589 teaches that the reinforcing member comprises the liquid flow path in plurality (Fig. 2 depicts two liquid flow paths), wherein the plurality of liquid flow paths are formed to be spaced apart from each other.
Regarding claim 6, Liu ‘589 teaches that the plurality of liquid flow paths are symmetrical with respect to the first opening (Fig. 2).
Regarding claim 7, Liu ‘589 teaches an aerosol flow path (gas outlet channel 61; [0059]) configured to receive an aerosol generated in the atomization space, wherein the reinforcing member comprises a second opening (gas outlet of the atomizing cavity 502; Fig. 4; [0057]) communicating with the atomization space and the aerosol flow path ([0057], [0060-0061]).
Regarding claim 9, Liu ‘589 teaches that the reinforcing member comprises a third opening (gas inlet of the atomization cavity 501; [0057], [0060]) formed on one side surface of the atomization space to communicate with an outside of the atomization space.
Regarding claim 10, Liu ‘589 teaches that the third opening 501 communicates with an outside of the aerosol generating device to introduce air into the atomization space ([0060]).
Regarding claim 11, Liu ‘589 teaches that the reinforcing member 32 comprises the third opening in plurality (Figs. 3-4), wherein the plurality of third openings are formed to be spaced apart from each other to face each other across the atomization space (Figs. 3-4).
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.
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 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Liu ‘589 (WO 2020253640 A1; hereinafter referring to the corresponding US document US 20220240589 A1) as applied to claim 1 above, and further in view of Liu '378 (WO 2021213378 A1; hereinafter referring to the English translation provided).
Regarding claim 12, Liu ‘589 teaches that the wick comprises an absorber (atomization cotton 41; Fig. 2; [0053]) provided between the transmission member and the vibrator 43, and disposed to face the atomization space (Fig. 2).
Liu ‘589 does not teach that the wick comprises a transmission member disposed to be in contact with the reinforcing member, and comprising a wick hole communicating with the first opening.
Liu '378, directed to a cartridge for an aerosol generating device comprising a reservoir (oil tank 13; page 4, Example 1), a wick (oil storage member 22; page 4, Example 1), a vibrator (ultrasonic atomization sheet 32; page 4, Example 1), and a reinforcing member (adapter seat 23 and plug body 12; see Fig. 1; page 4, Example 1), teaches that the wick 22 may further comprise a transmission member (oil guide body 21; page 4, Example 1) disposed to be in contact with the reinforcing member, such as to be disposed in a liquid flow path (opening between adapter seat 23 and plug body 12; see Fig. 1). Liu '378 further teaches that this transmission member can regulate the rate of aerosol generating material transmission independent of heat (page 2, ¶ 4).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu '589 by adding a transmission member between the wick and the reservoir, such as in a liquid flow path, as taught by Liu '378 because both Liu '589 and Liu '378 are directed to cartridges for aerosol generating devices, Liu '378 teaches that it is known to use a transmission member to better regulate transmission of an aerosol generating material, and this involves applying a known teaching to a similar device to yield predictable results.
The resulting device would be expected to comprise a wick hole formed in the center of the transmission members. This wick hole would allow for communication with the first opening and for the absorber to face the atomization space.
Regarding claim 13, modified Liu '589 would be expected to have a reinforcing member that presses/secures both the transmission member and the absorber (see Liu '589 Fig. 2, in which the reinforcing member presses absorber 41 and defines a liquid flow path 321, into which the transmission member would be placed).
Claims 8 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Liu ‘589 (WO 2020253640 A1; hereinafter referring to the corresponding US document US 20220240589 A1) as applied to claim 1 above, and further in view of Liu '356 (WO 2021121356 A1; hereinafter referring to the English translation provided).
Regarding claim 8, Liu ‘589 teaches that the reinforcing member 32 comprises a head (portion of 32 that protrudes to form 502; see Fig. 3) in which the second opening 502 is provided.
Liu ‘589 does not teach that at least a portion of the head is inserted into the aerosol flow path.
Liu '356, directed to a cartridge (Fig. 1) for an aerosol generating device comprising a reservoir (oil tank 13; page 6, ¶ 1), a wick (oil storage cotton 22; page 6, ¶ 4), a vibrator (ultrasonic atomization sheet 322; page 6, ¶ 3-4), and a reinforcing member (oil guiding ceramic 21; page 6) with a head (protruding portion of 21 comprising air outlet 214; Figs. 2-3) in which a second opening (air outlet 214; page 6, ¶ 4) is provided, teaches that at least a portion of the head may be inserted into an aerosol flow path (air outlet channel 14; Fig. 2; page 7, ¶ 2-3).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu ‘589 by at least partially inserting the head into the aerosol flow path as taught by Liu ‘356 because both Liu ‘589 and Liu ‘356 are directed to cartridges for aerosol generating devices comprising reinforcing members connected to aerosol flow paths, Liu ‘356 teaches that a head may be inserted into the aerosol flow path to connect the components, and this involves substituting one alternative connecting configuration for another to yield predictable results.
Regarding claim 14, Liu ‘589 is silent as to a material of the reinforcing member.
Liu '356, directed to a cartridge (Fig. 1) for an aerosol generating device comprising a reservoir (oil tank 13; page 6, ¶ 1), a wick (oil storage cotton 22; page 6, ¶ 4), a vibrator (ultrasonic atomization sheet 322; page 6, ¶ 3-4), and a reinforcing member (oil guiding ceramic 21; page 6), teaches that the reinforcing member 21 may be ceramic (page 6).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu '589 by making the reinforcing member from ceramic as taught by Liu '356 because Liu '589 is silent to the material of the reinforcing member and one with ordinary skill would be motivated to look to prior art for a known and suitable reinforcing member material, and this involves applying a known teaching to a similar product to yield predictable results.
Regarding claim 15, Liu ‘589 is silent as to a material of the reinforcing member.
Liu '356 (WO 2021121356 A1), directed to a cartridge (Fig. 1) for an aerosol generating device comprising a reservoir (oil tank 13; page 6, ¶ 1), a wick (oil storage cotton 22; page 6, ¶ 4), a vibrator (ultrasonic atomization sheet 322; page 6, ¶ 3-4), and a reinforcing member (oil guiding ceramic 21; page 6), teaches that the reinforcing member 21 may be porous ceramic (page 2, ¶ 7).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu '589 by making the reinforcing member from porous ceramic as taught by Liu '356 because Liu '589 is silent to the material of the reinforcing member and one with ordinary skill would be motivated to look to prior art for a known and suitable reinforcing member material, and this involves applying a known teaching to a similar product to yield predictable results.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Charlotte Davison whose telephone number is (703)756-5484. The examiner can normally be reached M-F 8:00AM-5:00PM.
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/C.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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