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 1-10 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 § 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(s) 1-7 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN219353065, citations refer to the English translation provided).
Regarding claim 1, Li teaches:
An atomization device with stable pressure relief and suction (electronic atomizing device 100, figs. 1-9, [00068]), comprising an atomizer body (housing 12, [00068], fig. 2).
wherein the atomizer body is internally provided with an e-liquid cup barrel (liquid storage shell 14, [00068[, fig. 2).
the e-liquid cup barrel is provided with an air guide pressure relief member (vent pipes 183d that is fitted into air pressure balance channel 183, [00090], fig. 7), an atomizing core assembly (atomizing core 192, fig. 9, [00068]) and an e-liquid storage cotton (liquid storage element 18 made of cotton, [00081], fig. 3).
the atomizer body is provided with an air inlet hole at a lower end (through hole 154 that connects inside of the liquid storage shell 14 with the outside [0083] and may be set on the lower end cover 16 [00100]).
the atomizer body is internally provided with a circulating e-liquid compartment (liquid storage cavity for storing the liquid matrix, [00080]).
the e-liquid cup barrel is provided with a circulating e-liquid hole (liquid guide hole 191a, [00093]).
the circulating e-liquid compartment is able to balance a pressure by flowing of e-liquid in the e-liquid cup barrel through the circulating e-liquid hole (as when the liquid matrix absorbed by the liquid storage component 18 flows downward, the pressure balancing channels are connected ([0083]) and the balanced pressure allows the transfer of the liquid matrix, [00084]), thus it would be obvious to one of ordinary skill in the art that the transfer of the liquid matrix contributes to the balanced pressure).
and a lower end of the air guide pressure relief member is communicated with the air inlet hole, and the air guide pressure relief member is able to cooperate with the air inlet hole to realize circulating pressure relief in the e-liquid cup barrel (the first and second balancing channels are fluidly connected ([00083]) and keeps the pressure inside and outside the liquid storage shell 14 in balance ([00084]).
Regarding claim 2, Li further teaches:
wherein the air guide pressure relief member is an air guide tube (vent pipes 183d, [00090]).
the e-liquid storage cotton is provided with an air guide perforation which cooperates with the air guide tube (opening in surface of liquid storage component 18 that connects to groove 183, see figs. 12-13).
an upper end of the air guide tube is arranged to pass through the air guide perforation and protrude out of an upper surface of the e-liquid storage cotton (as the vent pipe 183d is provided in groove 183 [00089], and the liquid storage component 18 may expand ([00089]), it would be obvious to one of ordinary skill in the art that the contraction would have an upper end of the air guide tube protrude out of an upper surface of the liquid storage component 18).
Regarding claim 3, Li further teaches wherein an inner wall of the e-liquid cup barrel is provided with an air-avoiding guide groove cooperating with the upper end of the air guide tube, the upper end of the air guide tube is provided in the air-avoiding groove, (inner channel of groove 183 that vent pipe 183d is provided in, [00089]).
Regarding claim 4, Li does not appear to explicitly disclose (I) wherein the air guide tube is provided in two, and (II) the two air guide tubes are symmetrically provided on both sides of the atomizing core assembly.
In regard to (I), however, Li further teaches the gaps can all be fitted with vent pipes 183d ([00090]) and the above-mentioned embodiments such as grooves, gaps, through holes, and vent pipes can be used in combination ([00091]). Therefore, it would be obvious to one having ordinary skill in the art to modify Li to have two grooves fitted with vent pipes, as Li teaches the embodiments can be used in combination and all gaps can be fitted with vent pipes, and the mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art.
In regard to (II), the claimed limitation is just a design choice which is shown to be within the abilities of one of ordinary skill based on the prior art teaching.
Regarding claim 5, Li further teaches:
wherein the atomizer body is also provided with an atomizing e-liquid sealing element (upper portion of base 191, fig. 8, and a lower e-liquid sealing silica gel (lower end cover 16 made of silicone, [00073]).
the lower e-liquid sealing silica gel is capable of sealing the atomizer body and a lower end of the e-liquid cup barrel (as shown in figs. 2-3, lower end cover 16 seals housing 12 and liquid storage case 14).
an inner wall of the e-liquid cup barrel is provided with an atomizing mounting position which is cooperated with an upper end of the atomizing core assembly (lower portion of base 191 that has a housing cavity for housing the atomizing core 192, fig. 8, [00093]).
the atomizing e-liquid sealing silica gel is sleeved at the atomizing core assembly (upper portion of base 191, figs. 3 and 8), the atomizing e-liquid sealing silica gel is able to ensure sealing between the upper end of the atomizing core assembly and the atomizing mounting position (as shown in figs. 3 and 8 and as the base 191 has a housing cavity for atomizing core 192).
Li does not appear to explicitly disclose that base 131 is a silica gel. However, Li teaches that silicone is a known sealing material ([00073]) and therefore it would be obvious to one having ordinary skill in the art to make the base 191 of Li be silicone as the selection of a known material based on its suitable for its intended use supports a prima facie case of obviousness.
Regarding claim 6, Li further teaches wherein the atomizer body comprises an atomizer main case (portion of atomizing device above the lower end cap 16, fig. 2, [00068]) and an atomizer bottom case (lower end cap 16, fig. 2, [00068]).
Li does not appear to disclose the atomizer main case is in snapped fit with the atomizer bottom case. However, Li further teaches a snap-fit to clamp components together ([00081], liquid reservoir 18 and transfer tube 17).
Therefore, before the effective filing date of the claimed invention, it would be obvious to one having ordinary skill in the art to modify upper and lower portions of the atomizing device to be snapped fit together, as Li teaches this is a known way to clamp components together, and this merely involves incorporating a known way to clamp components together according to known methods to yield predictable results.
Regarding claim 7, Li further teaches an e-liquid-absorbing cotton (liquid guiding element 1921 made of cotton fiber, [00094]), the atomizer bottom case is provided with an e-liquid-absorbing placing position for cooperating with the e-liquid-absorbing cotton (as the atomizer core is positioned near the lower end cap, [0094]), and an atomizing flow channel is provided within the atomizing core assembly (as shown in fig. 9), and the e-liquid-absorbing cotton is capable of adsorbing condensate and e-liquid left by an atomizing flow (as the liquid guiding element is made of cotton fiber [00094], and therefore is capable of absorbing condensate and e-liquid).
Regarding claim 9, Li further teaches wherein the e-liquid cup barrel is provided with a mounting step on the inner wall to cooperate and install with the e-liquid storage cotton, and the mounting step is capable of restricting an upper end of the e-liquid storage cotton (the upper end of liquid storage shell 15 that abut against protrusion of upper end cap 15 to form a seal [00077], and this defines a boundary of the storage cavity which holds liquid storage component 18 [00080]-[00081]).
Regarding claim 10, Li further teaches an upper sealing silica gel (upper end cap 15 located above protrusion 151 [00075], figs. 2 and 5, that is made of silicone, [00073]), a suction nozzle is provided at an upper end of the atomizer body (nozzle 11, [00075], fig. 2), an upper end of the e-liquid cup barrel is provided with a clamping convex ring that cooperates with the suction nozzle (protrusion 151, figs. 2 and 5, [00075]), the upper sealing silica gel is sleeved on the clamping convex ring (fig. 5), and the upper sealing silica gel is able to ensure the sealing between the clamping convex ring and the suction nozzle (the lower end face of the nozzle abuts against the upper surface of the protrusion 151 to form a seal, [00075]).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN219353065, citations refer to the English translation provided) as applied to claim 6 above, and further in view of Lei (US2022/0007731).
Regarding claim 8, Li further teaches two atomizing pins are provided on the atomizing core assembly (as shown in fig. 9).
Li does not appear to explicitly disclose two electrode pillars, the two atomizing pins cooperate with the two electrode pillars one by one, electrode holes are provided in the atomizer bottom case to cooperate with the electrode pillars, and a motor mounting groove is provided in the lower e-liquid sealing silica gel for fixing in cooperation with the electrode pillars.
However, Li further teaches that the battery cell provides power for operating the electronic atomizing device ([00096]). Li is silent how the atomizing core is connected to the battery cell.
Lei, directed to an electronic atomizing device and atomizer, teaches:
An atomization assembly 230 with a heating element 232 that can be a heating wire and electrically connected to electrode component 290 to heat the liquid medium to form aerosol ([0074], fig. 14).
two atomizing pins are provided on the atomizing core assembly (ends of heating wire electrically connected to the power supply device, [0087]), two electrode pillars (two electrode pillars, [0087]), the two atomizing pins cooperate with the two electrode pillars one by one (a positive pillar and a negative pillar electrically connected with the heating body by arranging wires, [0087]), electrode holes are provided in an atomizer bottom case to cooperate with the electrode pillars (as shown in fig. 14, electrode component 290/280 has two electrode pillars disposed abreast on the base body 221, [0087]), and a motor mounting groove is provided in the lower e-liquid sealing silica gel for fixing in cooperation with the electrode pillars (as shown in fig. 14, groove of base body 221/air entering channel 223 surrounding electrode pillars 290/280, [0087]).
Therefore, before the effective filing date of the claimed invention, it would be obvious to one having ordinary skill in the art to modify Li to have two electrode pillars that cooperate with the two atomizing pins one by one, electrode holes provided in the atomizer bottom case to cooperate with the electrode pillars, and a motor mounting groove is provided in the lower e-liquid sealing silica gel for fixing in cooperation with the electrode pillars as taught by Lei, because both Li and Lei are directed to atomization devices with a heating component that electrically connects to a power supply, and this merely involves incorporating a known way to electrically connect a heating element to a power supply of a similar vaporization device to yield predictable results.
Conclusion
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/N.A.S./Examiner, Art Unit 1755
/ERIC YAARY/Examiner, Art Unit 1755
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