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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “106a” has been used to designate both ‘a bottom cap’ (Specification, page 4, paragraph 4) and ‘a main body’ (Specification, page 4, paragraph 4). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claims 1-5, 7-9, and 12-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WU (CN215347027U).
Regarding claim 1, WU teaches; An atomizer (Figure 2, reference character 100—‘atomizer’), comprising a housing (Figure 3, reference character 10—‘housing assembly’, and [n0053]—“…the housing assembly 10 includes a housing 2 and a base 3…”), wherein the housing is internally provided with: a liquid storage cavity, for storing a liquid substrate (Figures 3-4, reference character 1—‘liquid storage chamber’, and [n0053]—"…the housing 2 includes a main body 203 and an extension 204… extension 204 divides the space inside the main body 203 into a liquid storage chamber 1 and an airflow channel 4.”); an elastic sealing member (Figures 3-4, reference character 30—'sealing member’, and [n0052]—“…the deformable sealing member… The seal 30 is made of a flexible material…”. The examiner notes that a the deformable sealing member made of a flexible material corresponds to applicant’s limitation of ‘elastic sealing member’), at least partially defining the liquid storage cavity (Figures 3-4, reference character 30, defines at least a portion of 1. Also see [n0052]—“…connecting the sealing member 30 with the first liquid guide 40 to the storage chamber 1.”), wherein the elastic sealing member is provided with an accommodating cavity (see Figure 3, reference character 34—‘sleeve portion’, and [n0055]—“…the sealing member 30 includes a sleeve portion 34 that internally defines a receiving cavity.” The examiner notes that the receiving cavity corresponds to applicant’s limitation of ‘accommodating cavity’.), and one end of the elastic sealing member is provided with an opening in communication with the accommodating cavity (see Figures 3-4, 30 necessarily has an opening on the bottom end to cover, and/or, house various components within the receiving cavity defined by 34); and an atomization assembly, configured to atomize the liquid substrate to generate an aerosol (Figure 4, reference character 20—‘atomizing assembly’ comprises 22—‘heating element’ configured to generate an aerosol), wherein the atomization assembly is capable of being accommodated in the accommodating cavity through the opening (see Figure 4, 20 is capable of being accommodated in the receiving cavity defined by 34), and a part of an outer surface of the atomization assembly is spaced apart from an inner wall surface of the elastic sealing member, to form an airflow channel (see Figures 3-4, a part of an outer surface of 20 is spaced apart from 34 to form 4—‘airflow channel’).
Regarding claim 2, WU teaches all the limitations of claim 1 as shown above.
WU further teaches; the atomization assembly (20) comprises a liquid guide element (Figures 3-4, reference character 21—‘elongated second liquid guide’, and [n0054]—"…20 includes an elongated second liquid guide 21…”), wherein the liquid guide element has a first surface and a second surface that are opposite (see Figures 3-4, 21 is depicted as a cylinder which necessarily has two surfaces that are opposite each other), and the airflow channel (4) is configured to cause the aerosol to flow through side surfaces of the liquid guide element located between the first surface and the second surface (see Figure 3 and Modified Portion of Figure 3 below).
Modified Portion of Figure 3
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Regarding claim 3, WU teaches all the limitations of claim 2 as shown above.
WU further teaches; the airflow channel (4) comprises a first airflow channel adjacent to one side surface of the liquid guide element (21) and a second airflow channel adjacent to another side surface of the liquid guide element (see Figure 3 and Modified Portion of Figure 3 below).
Modified Portion of Figure 3
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Regarding claim 4, WU teaches all the limitations of claim 2 as shown above.
WU further teaches; the liquid guide element is rigid ([n0054]—“…21 includes a fixing part 211…”. The examiner notes that by virtue of 21 comprising a ‘fixing part’, configured to “clamp and be fixed”—[n0054], 21 is necessarily rigid.)
Regarding claim 5, WU taches all the limitations of claim 1 as shown above.
WU further teaches; the inner wall surface of the elastic sealing member (30) for defining the accommodating cavity is provided with a groove, to define the airflow channel (4) with the part of the outer surface of the atomization assembly (see Figure 3 and Modified Portion of Figure 3 below).
Modified Portion of Figure 3
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Regarding claim 7, WU teaches all the limitations of claim 1 as shown above.
WU further teaches; a width dimension of the atomization assembly (20) is larger than a width dimension of the accommodating cavity (receiving cavity defined by 34), and/or a thickness dimension of the atomization assembly is larger than a thickness dimension of the accommodating cavity (see Figures 3-4 and Modified Portion of Figure 4 below).
Modified Portion of Figure 4
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Regarding claim 8, WU teaches all the limitations of claim 1 as shown above.
WU further teaches; the elastic sealing member (30) further comprises an aerosol channel (see Modified Portion of Figure 4 below), wherein an upstream end of the aerosol channel abuts against or is spaced apart from the atomization assembly (20), and a downstream end of the aerosol channel is connected to a vapor output pipe in the housing (see Figure 4, reference character 201—‘first end of the housing 2’, has a vapor output pipe. Also see Modified Portion of Figure 4 below).
Modified Portion of Figure 4
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Regarding claim 9, WU teaches all the limitations of claim 1 as shown above.
WU further teaches; the atomizer (100) further comprises an air pressure balancing channel (see Figures 3-4, one of reference character 31—‘liquid outlet channel’) at least partially located between the elastic sealing member and the atomization assembly (20), wherein the air pressure balancing channel is in communication with the liquid storage cavity (1) to replenish air into the liquid storage cavity ([n0052]—"This prevents air from the liquid outlet channel 31 from entering the storage chamber 1 and causing leakage when the air pressure changes.”. Additionally, the examiner notes that 31 is at least partially located between 30 and 20, is in communication with 1, and therefore corresponds to applicant’s limitation of ‘air pressure balancing channel’.).
Regarding claim 12, WU teaches all the limitations of claim 1 as shown above.
WU further teaches; the elastic sealing member (30) further comprises a liquid channel (see Figures 3-4, one of reference character 31—‘liquid outlet channel’) in communication with the accommodating cavity (receiving cavity defined by 34) and the liquid storage cavity (1). Also see Figures 3-4.
Regarding claim 13, WU teaches all the limitations of claim 1.
WU further teaches; an electrode (Figures 3-4, reference character 60—‘electrode post’, and [n0054]—"…electrode post 60 has a first part 601 and a second part 602.”) electrically connected to the atomization assembly (20—‘atomizing assembly’ comprises 21—‘second liquid guiding component’ and 22—‘heating element’ wherein, “…the electrode post 60 being electrically connected to the heating element 22…”—[n0054]), wherein one end of the electrode is exposed on the housing ([n0031]—“…the housing assembly has mounting holes that match the electrode post…”), and another end of the electrode is in contact with the atomization assembly to support the atomization assembly ([n0054]—"The second part 602 is interference-fitted with the third section 503 and is disposed in the mounting hole to realize the electrical connection between the electrode post 60…”. The examiner notes that the interference fit to realize the electrical connection corresponds to applicant’s limitation of providing ‘support’ to 20.).
Regarding claim 14, WU teaches all the limitations of claim 1.
WU further teaches; the housing comprises a main body (Figure 3, reference character 203—‘main body of the housing’, and [n0053]—”…the housing 2 includes a main body 203…”) and a bottom cap detachably connected to the main body (Figures 3-4, reference character 3—‘base’, and [n0051]—"…the atomizer 100 can be integrated or detachably connected.”. The examiner notes that 100 includes 3.), the elastic sealing member comprises a sleeve portion (Figure 3, reference character 34—‘sleeve portion’), and the sleeve portion is clamped between an inner wall of the main body and an outer side wall of the bottom cap ([n0055]—“…the sealing member 30 includes a sleeve portion 34 that internally defines a receiving cavity. The base 3 is at least partially housed in the receiving cavity so as to clamp and fix the second liquid guide member 21 with the sealing member 30.”).
Regarding claim 15, WU teaches all the limitations of claim 1.
WU further teaches; the atomization assembly (20) comprises a liquid guide element and an atomization element ([n0054]—"…20 includes an elongated second liquid guide 21 and a heating element 22.”. The examiner notes that the heating element corresponds to applicant’s limitation of ‘atomization element’), wherein the atomization element is combined on a surface of the liquid guide element closer to the liquid storage cavity (see Figure 4, 22 is on the surface of 21 closer to 1.).
Regarding claim 16, WU teaches all the limitations of claim 15.
WU further teaches; the atomization element comprises a heating element. The examiner notes that 22 corresponds to the atomization element comprising a heating element.
Regarding claim 17, WU teaches the atomizer according to claim 1 as shown above.
WU further teaches; An electronic atomization device, comprising a power supply assembly and the atomizer according to claim 1 ([n0040]—"An electronic atomizing device includes the atomizer described above and a power supply assembly, wherein the battery assembly is used to power the atomizer.”)
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.
Claims 6, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over WU (CN215347027U) in view of LI (CN113115987A).
Regarding claim 6, WU teaches all the limitations of claim 1 as shown above.
WU teaches the importance of proper sealing but does not explicitly teach that; a part of the outer surface of the atomization assembly is in contact with an inner wall surface of the accommodating cavity, to provide a seal between the liquid storage cavity and the airflow channel.
LI however, does teach of an atomizing core and smoke cartridge wherein; a part of the outer surface of the atomization assembly is in contact with an inner wall surface of the accommodating cavity (Figure 6, reference character 40—‘atomizing core’ which includes 41—‘porous body’, 42—‘thermally conductive layer’, and 45—‘shell’, all positioned within 213—‘receiving cavity’, wherein 45 is in contact with 22—‘sealing element’, as seen in Figure 6), to provide a seal between the liquid storage cavity and the airflow channel (see Figure 6, reference character 212—‘air passage’, and [n0050]—"…the shell 45 seamlessly wraps around the outer peripheral surface of the porous body 41, preventing liquid from seeping into the outer peripheral surface of the porous body 41 and reducing the risk of oil leakage.”).
WU and LI are analogous to the claimed invention because they are in the same field of structural features for atomizers for use in aerosol-generating devices.
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the atomization assembly, as taught by WU according to claim 1, such that a part of the outer surface of the atomization assembly is in contact with an inner wall surface of the accommodating cavity, to provide a seal between the liquid storage cavity and the airflow channel, as taught by LI, for the explicit motivation LI recites; to, “prevent liquid from seeping into the outer peripheral surface”—[n0050].
Regarding claim 10, WU teaches all the limitations of claim 9 as shown above.
WU further teaches; the elastic sealing member further comprises a liquid channel in communication with the accommodating cavity (receiving cavity defined by 34) and the liquid storage cavity (The examiner notes that as seen in Figure 4, 30 has two liquid outlet channels 31, one of which corresponds to a liquid channel that is in communication with 1 and the receiving cavity defined by 34.).
WU does not teach; the air pressure balancing channel comprises an airflow groove arranged on an inner wall of the accommodating cavity, and the airflow groove extends into the liquid channel to be in communication with the liquid storage cavity through the liquid channel.
LI however does teach that a sealing element, in the form of a bracket or member, may further comprise an air pressure balancing channel ([0006]—"…it is also necessary to open a balance air channel to connect the liquid storage chamber to ensure the air pressure balance in the liquid storage chamber.”) comprising an airflow groove (Figure 8, reference character 453—‘convex bulge’) arranged on an inner wall of the accommodating cavity (see Figure 8), and the airflow groove extends into the liquid channel to be in communication with the liquid storage cavity through the liquid channel (see Figure 8, reference character 211—‘oil passage’).
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the elastic sealing element, as taught by WU according to claim 9, such that, the elastic sealing member further comprises a liquid channel in communication with the accommodating cavity and the liquid storage cavity, the air pressure balancing channel comprises an airflow groove arranged on an inner wall of the accommodating cavity, and the airflow groove extends into the liquid channel to be in communication with the liquid storage cavity through the liquid channel, as taught by WU in view of LI, for the explicit motivation LI states; “…to ensure the air pressure balance in the liquid storage chamber.”—[0006].
Regarding claim 11, WU teaches all the limitations of claim 9 as shown above.
WU further teaches; the elastic sealing member further comprises a liquid channel in communication with the accommodating cavity (receiving cavity defined by 34) and the liquid storage cavity (The examiner notes that as seen in Figure 4, 30 has two liquid outlet channels 31, one of which corresponds to a liquid channel that is in communication with 1 and the receiving cavity defined by 34.)
WU does not teach that; the air pressure balancing channel comprises an airflow groove arranged on an inner wall of the accommodating cavity and a through hole physically separated from the liquid channel.
LI however, does teach that; teach that a sealing element, in the form of a bracket or member, may further comprise; an air pressure balancing channel ([0006]—"…it is also necessary to open a balance air channel to connect the liquid storage chamber to ensure the air pressure balance in the liquid storage chamber.”) comprising an airflow groove (Figure 8, reference character 453—‘convex bulge’) arranged on an inner wall of the accommodating cavity (see Figure 8) and a through hole physically separated from the liquid channel ([n0016]—"The atomizing core includes a shell with a through-hole…”. The examiner notes that the through-hole on the shell is physically separated from the liquid channel.).
It would therefore be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the elastic sealing element, as taught by WU according to claim 9, such that, the elastic sealing member further comprises a liquid channel in communication with the accommodating cavity and the liquid storage cavity; and the air pressure balancing channel comprises an airflow groove arranged on an inner wall of the accommodating cavity and a through hole physically separated from the liquid channel, as taught by WU in view of LI, for the explicit motivation LI recites; so that, “…the atomized liquid permeates from the absorbent surface to the atomizing surface.”—[n0016].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A CEFARATTI whose telephone number is (571)270-0482. The examiner can normally be reached Monday-Friday 7:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH ARTHUR CEFARATTI/Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
