DETAILED ACTION
This Non-Final Office action is in response to Applicant’s filing on 01/03/2022. Claims 1-16 are pending. The effective filing date of the claimed invention is 01/03/2022.
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 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, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Pat Pub No 2015/0282529 to Li in view of US Pat Pub No 2023/0148664 to Hijma.
With regard to claims 1 and 16, Li discloses the claimed cartridge (Li e.g. [0030] [0044-48] atomizer) comprising:
a container shaped to define a first chamber structured to store a liquid (Li e.g. [0035] Fig. 4, [0044], Referring to FIG. 4, the liquid supply component 16 a includes an inner tube 163 a and an outer tube 162 a nesting the inner tube 163 a. The outer tube 162 a and the inner tube 163 a cooperatively define an annular liquid storage chamber 164 a.);
a frame shaped to define a second chamber through which air passes (Li, e.g. Fig. 1-2 [0030] shell 11a, [0034] a second embodiment includes air pipe 18a supporting the atomizing assembly [0052-54] hollow air-guiding rod 1414 communicates with atomizing cavity 134, Figs. 16 and 18 show the atomizing cavity and associated air path);
a plate positioned between the container and the frame and separating the first chamber from the second chamber, wherein the plate is shaped to define a first liquid inlet hole (Li [0031] The partition plate 111 a defines a liquid inlet 112 a. The liquid supply component 16 a and the atomizing assembly 12 a are arranged on two opposite sides of the partition plate 111 a. The tobacco liquid can flow to the atomizing assembly 12 a via the liquid inlet 112 a.) to permit communication between the first chamber and the second chamber (Li e.g. [0031] partition plate/spacer 111a between liquid supply component 1 and atomizing assembly/ liquid absorbing component 140/frame 141; [0048] [0055] Figs. 16 and 19);
a wick disposed at the second chamber and being in communication with the first chamber through the first liquid inlet hole (Li e.g. [0053] glass fiber tube 131, The tobacco liquid is conveyed to the glass fiber core 132 from the porous body 142 by capillary action, and is then heated to form aerosol);
a heater configured to heat the wick (Li e.g. [0053] “ . . . by the heating wire.”); and
a needle protruding from the plate into the first chamber (Li e.g. [0031] In the present embodiment, the pricking means includes a plurality of pricking pins 17 a arranged on the partition plate 111 a.), wherein the needle gradually narrows as a distance from the plate increases (Li e.g. Fig. 2, 17a
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Li has a couple deficiencies. First, Li discloses a couple different embodiments and the examiner had to refer to different embodiments. Second, Li does not appear to disclose an express frame-defined chamber through which air passes. See Hijma [0024] [0030] [0034] [0039] expressly teaches a housing/frame defining vaporization chamber 40, airflow through the chamber, a wick supported in liquid opening 60, and heating coil 41 wound around the wick. Therefore, it would have been obvious to one of ordinary skill in the cartridge art before the effective filing date of the claimed invention to modify Li to include the housing with vaporization chamber of Hijma, as this his known to solve a problem of leakage as shown in Hijma [0035].
Claim(s) 2-6, 12, 14, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Hijma, Li, in view of US Pat Pub No 2018/0317559 to Qiu.
With regard to claim 2, 12, Hijma and Li do not teach limitations of claim 2. See e.g. Qiu at [0091] The atomizing head shell 41 includes a liquid guiding slot 411 defined on an circumferential wall of the atomizing head shell 41 and a liquid inlet hole 412 defined at the bottom of the liquid guiding slot 411. The liquid guiding slot 411 is used to be in an aligned communication with the liquid inlet slot 14 to guide liquid smoke in the liquid storing cavity 12b into the liquid inlet hole 412 and flow into the atomizing head shell 41 through the liquid inlet hole 412. ). Therefore, it would have been obvious to one or ordinary skill in the art before the effective filing date to modify Li to include such properly inclined aperture, as this guides the flow of materials as intended by the designed atomizer/cartridge. See Qiu at [0091].
With regard to claim 3, Li further discloses the needle is adjacent to the inlet guide (Li e.g. Fig. 2).
With regard to claim 4, Li further discloses the needle is one of a plurality of needles; wherein the plurality of needles are spaced apart from each other around the inlet guide (Li e.g. Fig. 2).
With regard to claim 5 , Li further discloses each of the plurality of needles is shaped to gradually widen in a direction in which the liquid is introduced to the inlet guide from the first chamber (see e.g. Fig. 2).
With regard to claim 6, Li further discloses where each of the plurality of needles has a pyramid shape (Li e.g. Fig. 2).
With regard to claim 14, Li further discloses the needle protrudes from a surface of the inlet guide (Li Fig. 2).
With regard to claim 15, Li further discloses the needle is formed on a periphery of the first liquid inlet hole (Li e.g. Fig. 2).
Claims 7-11, 13 Are Distinguished Over the Prior Art
The examiner has searched these claimed limitations and has been unable to find said limitations in the prior art in a reasonable amount of references. Accordingly, the examiner recommends incorporating this subject matter into the independent claims so that NOA can be made.
Conclusion
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/PETER LUDWIG/Primary Examiner, Art Unit 3627
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