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 1-20 are pending.
Claim Objections
Claim 1 is objected to because of the following informalities:
Regarding claim 1, the claim limitation “atomize a to-be-atomized medium in the oil storage chamber” should be changed to “atomize a to-be-atomized medium from the oil storage chamber” because it appears that the to-be-atomized medium flows out of the oil storage chamber ([0141]) before being atomized.
Appropriate correction is required.
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.
Claims 1-20 are 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.
Regarding claim 1, the claim limitation “wherein, any two of the oil storage chamber, the atomization chamber, the atomization core and the gas passage are arranged along other directions of the shell except for the thickness direction” is indefinite.
The instant specification describes that this phrase means that “any two of the oil storage chamber 110, the atomization chamber 130, the atomization core 200 and the gas passage 120 are not arranged in the thickness direction of the shell 100. That is, for any area of the shell, at most one of the oil storage chamber 110, the atomization chamber 130, the atomization core 200 and the gas passage 120 exists in the thickness direction of this area” ([0097]).
The instant specification further describes that “two sides of the atomization core 200 in the thickness direction of the shell 100 may be directly fixed to an inner wall of the shell 100” and that “volumes of the oil storage chamber 110, the atomization chamber 130 and the gas passage 120 can easily change with a size of a thickness of the shell 100” ([0101]). Thus, the claim limitation is wholly contradictory because each of the oil storage chamber, the atomization chamber, the atomization core, and the gas passage are arranged along the thickness direction of the shell because each has a certain thickness.
For examination purposes, the limitation will be interpreted as “wherein, any two of the oil storage chamber, the atomization chamber, the atomization core and the gas passage are arranged along the length and width directions of the shell.” For example, each of the oil stage chamber 110, atomization chamber 130, atomization core 200, and gas passage 120 are arranged along the length direction A and width direction B in Fig. 2. Therefore, claims 2-20 are rejected for their dependencies.
Regarding claim 15, the claim limitation “the base, the base being…” lacks antecedent basis. For examination purposes, the limitation will be interpreted as “a base, the base being….”
Claim Rejections - 35 USC § 102
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.
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.
Claims 1-13 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al. (CN 112716052; of record; see machine translation).
Regarding claim 1, Chen discloses a nozzle assembly (1; “atomization device”) comprising:
a smoke pipe (2) and a suction nozzle cover (11) (collectively “shell”) having a length direction (see annotated Fig. 3), a width direction (see annotated Fig. 3), and a thickness direction (Fig. 3; interpreted as the direction extending into and out of the page), being internally provided with an oil storage cavity (21; “oil storage chamber”), a first smoke outlet passage (22; “gas passage”), and an atomizing cavity (66; “atomization chamber”) fluidly communicating with the first smoke passage (see arrows in Fig. 4, representing the gas flow through the nozzle assembly), and being provided with an air inlet (61; “gas inlet”) fluidly communicating with the atomizing cavity (see Fig. 4) and an air outlet (111; “gas suction port”) fluidly communicating with the first smoke passage (see Fig. 4); and
a heating assembly (4; Fig. 2 “atomization core”) arranged in the smoke pipe (Fig. 3) such that smoke oil in the oil storage cavity passes through an oil injection hole (211) to an oil guide base (41) that is part of the heating assembly (p. 8, para. 1; fluidly “communicating with the oil storage chamber”) and then oil is guided to the oil guide base body with a resistance heating body (42; see Fig. 8; fluidly “communicating with the atomization chamber”), and being configured to generate heat to atomize the smoke oil (p. 8, para. 1; “atomize a to-be-atomized medium from the oil storage chamber”),
wherein each of the oil storage cavity, the atomizing cavity, the heating assembly, and the first smoke outlet passage are arranged along the length and width direction of the shell (see annotated Fig. 3; interpreted according to 112(b) section above).
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Regarding claim 2, Chen discloses a sealing cover (3; Fig. 2; “atomization core sealing member”) arranged between a sealing cavity (25; “two side walls of the shell”) in a thickness direction (Fig. 3; interpreted as the direction extending into and out of the page) and the heating assembly (4; see Fig. 3) to create an interference fit between the sealing cavity and the heating component (p. 7, para. 3).
Regarding claim 3, Chen discloses at least a portion of the first smoke outlet passage (22) and the oil storage cavity (21) are arranged along the width direction (see annotated Fig. 3);
at least a portion of the first smoke outlet passage (22) and the atomizing cavity (66) are arranged along the length direction (see annotated Fig. 3); and
at least a portion of the first smoke outlet passage (22) and the heating assembly (4) are arranged along the width or length direction (see annotated Fig. 3).
Regarding claim 4, Chen discloses each of the atomizing cavity (66), the heating assembly (4), and the oil storage cavity (21) are arranged along the length direction (see annotated Fig. 3).
Regarding claim 5, Chen discloses the first smoke outlet passage (22) comprises:
a gas inlet section (see red box in annotated Fig. 3; interpreted as the bottom section of the first smoke outlet passage) located on a right side of the smoke pipe (2) in the width direction and extending along the length direction (Fig. 3), and having a bottom end and a top end (Fig. 3), the bottom end of the gas inlet section fluidly communicating with the atomizing cavity (66; Fig. 4); and
a second smoke outlet passage (122; “gas outlet section”) including a first smoke outlet section (1221) that is obliquely arranged (i.e., inclined) relative to length direction (see annotated Fig. 3; the right side of the first smoke outlet section is inclined), a bottom end of the first smoke outlet section (1221) fluidly communicating with a top end of the gas inlet section (Fig. 4), and a top end of a second smoke outlet section (1222) of the second smoke outlet passage fluidly communicating with the air outlet (111; Fig. 4).
Regarding claim 6, Chen discloses the first smoke outlet passage (22) comprises:
a gas inlet section (see red box in annotated Fig. 3; interpreted as the bottom section of the first smoke outlet passage) located on a right side of the smoke pipe (2) in the width direction and extending along the length direction (Fig. 3), and having a bottom end and a top end (Fig. 3), the bottom end of the gas inlet section fluidly communicating with the atomizing cavity (66; Fig. 4); and
a second smoke outlet passage (122; “gas outlet section”) including a second smoke outlet section (1222) extending in the width direction (see annotated Fig. 3) having a bottom end of a first smoke outlet section (1221) of the second smoke outlet section fluidly communicating with a top end of the gas inlet section (Fig. 4), and a top end of the second smoke outlet section (1222) of the second smoke outlet passage fluidly communicating with the air outlet (111; Fig. 4).
Regarding claim 7, Chen discloses wherein,
the air inlet (61) is located on a bottom end surface of the smoke pipe (2) in the length direction (Fig. 3); and
the gas outlet passage (122) including the top end of a second smoke outlet section (1222) and the air outlet (111) are located at a center of an end surface of another end of the suction nozzle cover in the length direction (11).
Regarding claim 8, Chen discloses wherein,
the air inlet (61) is located at a center of a bottom end surface of the smoke pipe in the length direction (Fig. 3); and
the gas outlet passage (122) including the top end of a second smoke outlet section (1222) and the air outlet (111) are located at a center of an end surface of another end of the suction nozzle cover in the length direction (11).
Regarding claim 9, Chen discloses wherein,
the smoke pipe (2) is internally provided with a sealing cavity (26; “atomization core installation structure”) with the heating assembly (4) installed on the sealing cavity (Fig. 3).
Regarding claim 10, Chen discloses wherein,
the smoke pipe (2) is internally provided with a vent (see annotated Fig. 3) in the form of a through hole formed in between a first sealing pipe wall (25; “separator”) and the inner wall smoke pipe (2); and
the first smoke outlet passage (22) fluidly communicates with the atomizing cavity (66) through the vent (see annotated Fig. 3).
Regarding claim 11, Chen discloses wherein the heating assembly (4) and the vent are staggered along the width direction (see annotated Fig. 3).
Regarding claim 12, Chen discloses wherein in the width direction, the vent is closer to the first the inner wall of the smoke pipe (2) than the heating assembly (4) (see annotated Fig. 3).
Regarding claim 13, Chen discloses wherein the sealing cavity (26) is integrally formed with at least a portion of the smoke pipe (2) (Fig. 3).
Regarding claim 15, Chen discloses wherein the shell including the smoke pipe (2) and the suction nozzle cover (11) comprises:
the smoke pipe (2; “gas inlet shell body”);
a base (6; Fig. 2) being located at a bottom end of the smoke pipe in the length direction (Fig. 3) being sealed to the smoke pipe via a sealing ring (7; p. 6, para. 1-2), the base is provided with the air inlet (61; p. 8, para. 4; Fig. 3), and the atomizing chamber (66) being defined by the smoke pipe and the base jointly (see Fig. 3); and
the suction nozzle cover (11; “gas outlet shell body”) being located at a top end of the smoke pipe in the length direction (Fig. 3), being sealed to prevent air leakage to the smoke pipe via a sealing seat (12; interpreted as part of the suction nozzle cover); “p. 11, para. 2), the air outlet (111) being formed in the suction nozzle cover (p. 10, para. 3; Fig. 3), and the first smoke outlet passage (22) being both defined by the smoke pipe and suction nozzle cover jointed (Fig. 3).
Regarding claim 16, Chen discloses wherein the smoke pipe (2) includes a sealing cavity (26; “atomization core installation structure”) which is formed integrally with the smoke pipe (Fig. 3), and the heating assembly (4) is installed on the sealing cavity (Fig. 3; p. 7, para. 3).
Regarding claim 17, Chen discloses wherein the sealing cavity (26; “installation groove”) defined by a separation plate (24; “positioning plate”) and two sides of a first sealing pipe wall (25; “two opposite side walls”), such that the heating assembly (4) is installed on the sealing cavity (Fig. 3; p. 7, para. 3).
Regarding claim 18, Chen discloses the heating assembly (4) comprising:
an oil guide base (41; Fig. 8; p. 8, para. 1; “porous body”) having a top surface (Fig. 3; “liquid adsorbing surface) fluidly communicating with the oil storage cavity (12; p. 8, para. 1, describing the smoke oil passes to the oil guide base), and a bottom surface (Fig. 8; “atomization surface”) fluidly communicating with the atomizing chamber (66; Fig. 3; p. 8, para .1, describing that the one side with the resistance heating body atomizes smoke oil, which would travel into the atomizing cavity), the oil guide base having a plurality of mutually connected micro-pores (p. 8, para. 1; “plurality of liquid adsorbing holes”) which guide the smoke oil from the top surface to the bottom surface (p. 8, para. 1); and
a resistance heating body (42) arranged on the bottom surface of the oil guide base (Fig. 8).
Regarding claim 19, Chen discloses the resistance body (42) includes a set of guide electrodes (8; “conductive member”) that contact two flat sections of the resistance heating body (Fig. 8; “abutting sheet” similar to the description of Fig. 21 and [0195] of the instant specification) energized by power supply main body (p. 9, para. 3-4).
Regarding claim 20, Chen discloses an electronic cigarette (abstract) comprising the nozzle assembly making up the atomizer (abstract).
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. as discussed above with respect to claim 1.
Regarding claim 14, Chen discloses wherein the smoke pipe (2) and the suction nozzle cover (11) (collectively “shell” and “shell body”) comprises:
the air outlet (111), the oil storage cavity (21), and the first smoke outlet passage (22) being arranged on the smoke pipe and the suction nozzle cover (Fig. 3); and
a base (6; Fig. 2) being located at a bottom end of the smoke pipe in the length direction (Fig. 3) being sealed to the smoke pipe via a sealing ring (7; p. 6, para. 1-2), the base is provided with the air inlet (61; p. 8, para. 4; Fig. 3), and the atomizing chamber (66) being defined by the smoke pipe and the base jointly (see Fig. 3).
However, Chen is silent as to a singular shell body that includes the gas suction port, the oil storage chamber, and the gas passage. Rather, Chen discloses the smoke pipe including the oil storage cavity and first smoke passage, and the suction nozzle cover including the air outlet.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Chen’s smoke pipe and suction nozzle cover to be integral because the use of a one piece construction instead of the structure disclosed in Chen is merely a matter of obvious engineering choice that would not have changed the operation of the nozzle assembly from generating an aerosol. MPEP 2144.04(V).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Atkins (US 2020/0128874) teaches a cartridge configuration where the mouthpiece is integral with the cartridge and an airflow passageway defined on a side of the reservoir (see Fig. 3A).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SONNY V NGUYEN whose telephone number is (571)272-8294. The examiner can normally be reached Monday - Friday; 7:00 AM - 3:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Y Louie can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SONNY V NGUYEN/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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