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 .
Claim Objections
Claims 3 and 13 are objected to because of the following informalities:
●claim 3, “an” should be amended to read “the” in line 4
●claim 13, “an” should be amended to read “the” in line 4
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.
Claim(s) 6-20 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.
Claim 6 is considered to be indefinite in that it is unclear what is intended by the silicone rod being “connected in the air guide tube” (Ln4). Is silicone tube connected to the air guide tube – or does such refer to a method-step?
Claim 7 is considered to be indefinite in that it is unclear what is intended by the silicone rod being “filled in the air tube” (Ln5). Does this refer to an amount of space which the silicone rod occupies – or does such refer to a method-step?
Claim 11, “the air inlet” (Ln19 and Ln21) lacks antecedent basis.
Claim 12, “the air inlet” (Ln6 and Ln7) lacks antecedent basis.
Claim 14, “the air inlet” (Ln2 and Ln3) lacks antecedent basis.
Claim 16 is considered to be indefinite in that it is unclear what is intended by the silicone rod being “connected in the air guide tube” (Ln4). Is silicone tube connected to the air guide tube – or does such refer to a method-step?
Claim 17 is considered to be indefinite in that it is unclear what is intended by the silicone rod being “filled in the air tube” (Ln5). Does this refer to an amount of space which the silicone rod occupies – or does such refer to a method-step?
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
the claim limitation uses the term “means” or “step” or a term used as a substitute
for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
the term “means” or “step” or the generic placeholder is modified by functional
language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
the term “means” or “step” or the generic placeholder is not modified by sufficient
structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
●heating assembly in claims 1 and 11
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 (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 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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Limin (CN 213404852(U)).
Claim 1: Limin teaches an atomizer 100, comprising:
●a housing assembly comprising
●a liquid storage compartment 120
●an air outlet (comprising at least the outlet of mouthpiece 110) at a top portion
of the housing assembly
●an air intake channel 15222 at a bottom portion of the housing assembly
●an elastic electrode 152
●an air guide tube 160 disposed in the liquid storage compartment 120 and in
communication with the air outlet
●a heating assembly 140 disposed in the liquid storage compartment 120 and in
communication with the air intake channel and the air guide tube 160 (paras28-33; Fig1-2)
The elastic electrode 152 (comprising at least spring 1524 and post 1521) is capable of blocking the air intake channel 15222 by way of the spring 1524 and the post 1521 (para30 – and last two lines therein). The elastic electrode 152 is spaced apart from the heating assembly 140 (Fig2). The elastic electrode 152 is movable under an external force to open the air intake channel 15222 (para30 – and last two lines therein). The elastic electrode 152 is electrically connected to the heating assembly 140 by way of two electrical pins 1421 (para29).
With respect to claimed heating assembly, because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the heating assembly to perform a function. Limin teaches a structure for the heating assembly to perform the same function. Limin is thus considered to meet this limitation of the claim.
Claim 2: Limin teaches the atomizer 100 according to claim 1, wherein the housing assembly comprises:
●a liquid storage housing (comprising at least the liquid storage compartment 120)
with the air outlet formed at a top end of the liquid storage housing
●a support base (comprising at least air intake channel 15222) disposed at a bottom
end of the liquid storage housing (paras29-30; Fig2)
The support base comprises:
●the air intake channel 15222
●an air inlet 15223 communicating with the air intake channel 15222 (para30; Fig5)
●the elastic electrode 152
The elastic electrode 152 is capable of plugging the air inlet 15223 (para30 – and the last two lines therein; Fig2 Fig5).
Claim 3: Limin teaches the atomizer 100 according to claim 2, wherein the elastic electrode 152 comprises
●the spring 1524
●an electrode post 1521 (para30).
The spring 1524 is connected to the electrode post 1521 (para30; Fig4). The electrode post 1521 is capable of blocking the air intake channel 15222 under an action of the spring 1524. The electrode post 1521 moves due to driving caused by contraction of the spring 1524 under an external force to open the air intake channel 15222 (para30 – and last two lines therein; Fig2 Figs4-5).
Claim 4: Limin teaches the atomizer 100 according to claim 3, wherein an air inlet groove 15226 is disposed at a bottom end of the electrode post 1521 – the electrode post 1521 plugs the air air inlet 15223. The electrode post 1521 opens the air inlet 15223 and the air inlet groove 15226 communicates with the air intake channel 15222 (para30 – and the last two lines therein; Fig6).
Claim 5: Limin teaches the atomizer 100 according to claim 2, wherein the heating assembly 140 comprises an elastic pin 1421 (necessarily elastic to some degree) and an atomizing core 142 connected to the elastic pin 1421 by way of oil absorbing piece 141; the elastic pin 1421 is disposed in the support base (Fig2) to connect with the elastic electrode 152; and the atomizing core 142 is disposed in the liquid storage compartment 120 and communicates with the air guide tube 160 and the air intake channel 15222 (para29).
Allowable Subject Matter
Claims 6 (and thus claims 7-10) would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter. Claim 6: Limin teaches the atomizer according to claim 1. However, Limin, alone or in combination with the other prior art of record, does not teach or fairly suggest in combination that the air guide tube 160 is sleeved on the heating assembly 140 and is slidable relative to the heating assembly 140 to plug or expose a liquid inlet of the heating assembly 140 in that the air guide tube is particularly set upon the heating assembly 140; and that the atomizer 100 further comprises a silicone rod connected in the air guide tube 160 and extends out of the air outlet wherein the air guide tube 160 slides relative to the heating assembly 140 to expose the liquid inlet when the silicone rod is pulled and wherein the silicone rod is capable of being pulled out of the air guide tube 160 in that the air guide tube 160 is particularly set to not separate from the heating assembly 140.
Claim 11 (and thus dependent claims 12-20) would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action; and the objection to claim 13 overcome.
The following is a statement of reasons for the indication of allowable subject matter. Claim 11, Limin teaches an atomizing apparatus, wherein the atomizing apparatus comprises an atomizing host 200 and an atomizer 100 (para29 para 35). The atomizer 100, comprising:
●a housing assembly comprising
●a liquid storage compartment 120
●an air outlet (comprising at least the outlet of mouthpiece 110) at a top portion
of the housing assembly
●an air intake channel 15222 at a bottom portion of the housing assembly
●an elastic electrode 152
●an air guide tube 160 disposed in the liquid storage compartment 120 and in
communication with the air outlet
●a heating assembly 140 disposed in the liquid storage compartment 120 and in
communication with the air intake channel and the air guide tube 160 (paras28-33; Fig1-2)
The elastic electrode 152 (comprising at least spring 1524 and post 1521) is capable of blocking the air intake channel 15222 by way of the spring 1524 and the post 1521 (para30 – and last two lines therein). The elastic electrode 152 is spaced apart from the heating assembly 140 (Fig2). The elastic electrode 152 is movable under an external force to open the air intake channel 15222 (para30 – and last two lines therein). The elastic electrode 152 is electrically connected to the heating assembly 140 by way of two electrical pins 1421 (para29).
With respect to claimed heating assembly, because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the heating assembly to perform a function. Limin teaches a structure for the heating assembly to perform the same function. Limin is thus considered to meet this limitation of the claim.
The atomizing host 200 comprises:
●a host housing having a connection opening at a top end
●a conductive electrode disposed in the host housing (battery electrode) (paras2-3
para35)
The atomizer 100 is connected to the connection opening of the atomizing host 200 (para35).
With respect to claimed heating assembly, because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The instant specification teaches a structure for the heating assembly to perform a function. Limin teaches a structure for the heating assembly to perform the same function. Limin is thus considered to meet this limitation of the claim.
However, Limin, alone or in combination with the other prior art of record, does not teach or fairly suggest in combination that there is an air entry hole on a side wall of the host housing; that the conductive electrode is exposed by the connection opening; an air passage formed in the conductive electrode to communicate with the air inlet 15223; and that the conductive electrode abuts against the elastic electrode 152 to open the air inlet 15223 and communicate with the air passage and the air intake channel 15222. The reason being that the atomizing host 200 is intended as a power source supplier and is particularly separated from the air of the atomizer 100 by way of a plug (paras35-37; Fig9).
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Prior Art of Record
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
●Li teaches an electronic cigarette having ring electrodes at both ends of a air channel
●Cao recognizes contamination of electronic cigarettes and the impact on smokers.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDA GRAY whose telephone number is (571) 272-5778. The examiner can normally be reached Monday - Friday, 9 AM to 5:30 PM.
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/LINDA L GRAY/Primary Examiner, Art Unit 1745
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