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 .
Election/Restrictions
Applicant’s election without traverse of Group I, Species A, in the reply filed on 8/19/2026 is acknowledged. Claims 12-16, 20, 28, and 29 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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.
Claims 1, 5-8, 10, 11, 22-24, and 32 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN 112931974, with English machine translation, both of record) in view of Jang (US 2024/0292892).
Regarding claim 1, Jiang discloses an atomizer, comprising an outer housing, wherein the outer housing has arranged therein (see atomizer 10 with housing in Figs. 2-3; [0040-0041]);
a liquid storage cavity, configured to store a liquid substrate (see liquid storage chamber 114, [0041]);
a first liquid guide element, having a first surface close to the liquid storage cavity and a second surface facing away from the first surface, wherein the first surface is configured to be in fluid communication with the liquid storage cavity to absorb the liquid substrate in the liquid storage cavity (see liquid guiding element 130 with first surface on upper side and second surface on bottom side in Fig. 4; [0042]);
a second liquid guide element, in fluid communication with the second surface of the first liquid guide element to absorb a liquid substrate in the first liquid guide element, wherein the second liquid guide element has an atomization surface (see porous substrate 150; [0054]); and
a heating element, coupled to the atomization surface and configured to heat at least part of a liquid substrate in the second liquid guide element to generate an aerosol (other end of the porous substrate comprises a heating element, [0054]).
Jiang discloses the second liquid guide element is a porous ceramic substrate with a heating element embedded within or close to the surface of the substrate ([0054-0055]). While the cross-section depicts the liquid guide element as extending linearly, Jiang does not expressly disclose that the surface extends "flatly." It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the atomization surface such that it extends flatly since Jang, similarly directed towards an electronic atomizer, discloses a porous ceramic substrate where the atomization surface is configured with a flat surface to provide a surface for embedding the heating element (see porous wick in Fig. 1 wherein atomization surface with heater 20 is flat; [0038]). One would have been motivated to employ a wick construction that prevents abnormal heating phenomenon and the occurrence of burnt taste by smooth movement of the liquid aerosol-generating substrate ([0009-0010]). Examiner notes that Jang discloses the wick can have a U-like shape ([0035]).
Regarding claim 5, the second liquid guide element is in contact with the second surface to be in fluid communication with the second surface (see Fig. 4; [0054]).
Regarding claim 6, the second liquid guide element comprises a first portion and second portion as claimed (see U-shaped substrate 150 in Fig. 4). The second portion (legs of the U) is in contact with the second surface and the atomization surface is located on the first portion ([0053-0055]).
Regarding claim 7, the figure clearly depicts the length of the second portion as greater than the length of the second portion (see Fig. 4).
Regarding claim 8, the second liquid guide element is constructed to abut against the second surface to support at least part of the first liquid guide element (see Fig. 4, [0054]).
Regarding claim 10, a space is provided between the atomization surface of the second liquid guide element and the second surface of the first liquid guide element (see U-shaped second liquid guide element wherein space is provided between the legs of the U and the heating element section, see Fig. 4; [0054-0055]).
Regarding claim 11, the second liquid guide element is in direct contact with the second surface of the first liquid guide element. As to the contact area being less than an area of the atomization surface, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the contact area to be less since Jiang clearly illustrates the width of the contact surface between the second liquid guide element and first liquid guide element as smaller than lower surface upon which the heating element is located (see Fig. 4). Additionally, a person having ordinary skill in the art would have found it obvious to provide a large surface area for atomization as this provides for more surface for heat transfer and vapor generation.
Regarding claim 22, Jiang discloses a support that abuts against the second surface to hold at least part of the first liquid guide element (see atomizing seat 160, [0065]).
Regarding claim 23, Jiang discloses an air channel (see air hole 162 to airflow channel 113, [0065]).
Regarding claim 24, Jiang discloses the outer housing has an inner wall defining the liquid storage cavity (see wall of housing 116 and shell 112, Fig. 5) and the first liquid guide element has a peripheral side wall extending between the first and second surfaces (see outer side surface of element 130). Jiang discloses that in some embodiments air channel 231 is a through groove formed on the outer edge of the liquid guiding element [0050-0051]). Such an air channel would be formed between the peripheral side and the inner wall of the housing.
Regarding claim 32, Jiang discloses an atomization device comprising the atomizer and a power supply (see Figs. 1-3).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN 112931974, with English machine translation, both of record) in view of Jang (US 2024/0292892) as applied to claim 24 above, and further in view of Xie (US 20240081403).
The applied reference has a common assignee/joint inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding 25, Jiang does not disclose a second convex edge extending in a longitudinal direction of the outer housing an arranged on the inner wall and the peripheral wall having a flat and straight portion that abuts against the second convex edge to define a gap for an air channel. It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the atomizer with second convex edge and flat/straight portion as claimed since Xie, similarly directed towards an atomizer, discloses a liquid guiding element 50 comprising a straight portion 52a for that abuts against edge 14a to define a space and keep it from being filled or blocked ([0214]). Xie discloses the air grooves allow for the balance of air pressure within the liquid storage chamber to ensure smooth transfer of liquid ([0213-0214]). Oen would have been motivated to provide a liquid guide and inner wall structure that keeps the air channel from being filled or blocked ([0214]).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN 112931974, with English machine translation, both of record) in view of Jang (US 2024/0292892) as applied to claim 24 above, and further in view of Li (US 20200085108).
Regarding 25, Jiang does not disclose a second convex edge extending in a longitudinal direction of the outer housing an arranged on the inner wall and the peripheral wall having a flat and straight portion that abuts against the second convex edge to define a gap for an air channel. In the same field of endeavor of electronic atomizers, Li teaches an atomizer (abstract) comprising a liquid cavity (111; “liquid storage chamber”), a first sealing member (15), and a porous ceramic liquid guiding member (121; “first liquid guide element”) (see Figs. 3-4), the first sealing member encasing the porous ceramic liquid guide member ([0049]) and comprising a first air guiding recess (1511; Fig. 5), and at least one second air guiding recesses (1521; Fig. 6) to function as an air guiding channel (16; see Fig. 3; “air channel providing a flow path”) such that air may flow through the air guiding channel, reaching the liquid cavity to balance the pressure inside and outside of the liquid cavity ([0050]; “cross the first liquid guide element and enter the liquid storage chamber in the longitudinal direction”).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have added an air guiding channel as in Li to Jiang's atomizing assembly in order to obtain the predictable result of allowing air to flow through the air guiding channel to balance the pressure inside the outside of the liquid cavity (Li; [0050]) with the benefit of preventing the liquid from being obstructed from flowing and reducing liquid leakage ([0046,0047]). Moreover, because the air guiding channels are located on a component adjacent to the outside of the porous ceramic liquid member in Li, one of skill in the art would be motivated to add the air guiding channel to the similarly located portion of Jiang's housing inner wall (116) adjacent to the outside of the liquid guiding layer (130). In this modification, the inner wall of housing (116) is provided with a second convex edge extending in the longitudinal direction (see edge in Fig. 6 of Li), wherein the second convex edge and the liquid guiding layer (130) form the at least one second air guiding recesses (Li; 1521; [0050], describing that when the first sealing member 15 encases the porous ceramic liquid guiding member 121,…the second air guiding recess functions as the air guiding channel; see also Fig. 3; “gap”). The liquid guiding element 130 is correspondingly provided with a flat and straight surface to abut and form the gap against the ridged edge taught by Li.
Conclusion
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/ROBERT C DYE/Primary Examiner, Art Unit 3619
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