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 .
Priority
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.
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.
Claims 1-17 and 19-22 are rejected under 35 U.S.C. 103 as being obvious over Liu (CN 203986096) in view of Loebs (US 1,949,803). The examiner is using Liu (US 2017/0035109) as an English language equivalent for Liu (CN 203986096).
With respect to the limitations of claim 1, Liu teaches an assembly, comprising: a capillary medium (Figs 2, 3, guide cloth 204, second liquid storage cotton 2011, 0083, 0090) defining a duct (smoke passage 2012, 0092); and an air impingement structure (Figs 2-4, electric heating elements 203, 0079) including electrically conductive filaments (0123, multiple sheet-like electric heating wires interconnected with each other or coiled), a surface of the capillary medium being connected to a first surface of the air impingement structure (Figs 2, 3, liquid storage cotton 201, guide cloth 204 in contact with heating element 203). Liu discloses the claimed invention except for a first end of the duct abutting the first surface of the air impingement surface; at least one first portion of the air impingement structure extending into the surface of the capillary medium.
However, Loebs discloses a first end of the duct (Fig 1, left end of inlet pipe 6, Col 1) abutting the first surface of the air impingement surface (Figs 1, 2, outer surface of vaporizing member 10, Col 1); at least one first portion of the air impingement structure extending into the surface of the medium (Fig 1, vaporizing member 10 extending into left end of inlet pipe 60) is known in the art. It would have been obvious for one having ordinary skill in the art before effective filing date of the invention to adapt the assembly of Liu having a capillary medium and duct silent to recited abutting and extending air impingement structure with a first end of the duct abutting the first surface of the air impingement surface; at least one first portion of the air impingement structure extending into the surface of the capillary medium of Loebs for the purpose of adapting the shape of the air impingement structure into a known funnel shape that provides for rapid and complete vaporization (Col 2, Lines 91-96), thereby improving the overall efficiency of the device.
With respect to the limitations of claims 2, 3, 4, 5, 8, 9, 10, 11, 16, 17, 19, 20, 21 and 22, Liu teaches the first surface of the air impingement structure and a second surface of the air impingement structure oppose each other (Figs 2, 3, heating element 203 having first contact surface and second opposite surface), the first end of the duct not being in direct communication with the second surface of the air impingement structure (see figures 2, 3);
the first surface of the air impingement structure and a second surface of the air impingement structure oppose each other (Figs 2, 3, heating element 203 having first contact surface and second opposite surface), and internal cavity of the duct not being in direct communication with the second surface of the air impingement structure (see figures 2, 3);
the duct traverses (2012) through a longitudinal length of the capillary medium (Fig 2, guide cloth 204, second liquid storage cotton 2011);
the duct traverses (2012) through a longitudinal length of the capillary medium (204, 2011), a first epicenter of the first end of the duct abutting a second epicenter of the first surface of the air impingement structure (smoke passage 2012 aligned with center of heating element 203);
the duct traverses (2012) through a longitudinal centerline of the capillary medium (204, 2011), the capillary medium having a cylindrical shape (see figure 3);
the first end of the duct (2012) abuts a first epicenter of the first surface of the air impingement structure (203), the air impingement structure having a circular horizontal cross-section (see figures 2, 3);
the capillary medium includes a first part (second liquid storage cotton 2011) and a second part (guide cloth 204);
the first surface is connected to the second part, the second part having a first thermal decomposition temperature that is higher than (guide cloth 204, 0083, heat of the electric heating element 203 may be dissipated uniformly through the first liquid guide cloth 204, to prevent the electric heating element 203 with an overly high temperature from burning components inside the liquid storage area 202) a second thermal decomposition temperature of the first part (2011);
further comprising: a first contact and a second contact that are connected to the air impingement structure, the first contact and the second contact being electrically conductive (Figs 3, 4, contact legs of heating element 203);
the first contact and the second contact are located at an interior portion (inner contact leg) and an exterior portion (outer contact leg) of the air impingement structure;
further comprising: a device housing (Fig 5, cartridge housing 201, 0078), the device housing defining at least one air inlet (air inlet 501, 0104) and at least one air outlet (Fig 2, outlet of suction end 205, 0093) that is in direct fluid communication with a second surface of the air impingement structure (bottom surface of electric heating element 203), the second surface of the air impingement structure opposing the first surface on the air impingement structure (see figures 2, 3, 5);
further comprising: a liquid aerosol-forming substrate infused within at least a portion of the capillary medium (0091, the cigarette liquid stored inside the second liquid storage cotton 2011 is transferred to the electric heating element 203 via the first liquid guide cloth 204);
the first surface of the air impingement structure (heating element 203) overlays the surface of the capillary medium (see figures 3, 6, where 203 overlays 204, 201);
further comprising: a cartridge housing, the cartridge housing at least partially containing the capillary medium and the air impingement structure (Fig 2, atomizer cartridge 201, 0072)
With respect to the limitations of claims 6, 7, 12, 13, 14 and 15, Liu in view of Loebs discloses the at least one first portion includes the second epicenter (Loebs, Fig 1, epicenter of vaporizing member 10);
the duct traverses (Liu, smoke passage 2012) through a third epicenter of the surface of the capillary medium (Loebs, Fig 2, right side surface vaporizing member 10), the capillary medium having a cylindrical shape (Liu, Figs 2, 3, guide cloth 204, second liquid storage cotton 2011), and the first epicenter is aligned with the second epicenter (Liu, smoke passage 2012 aligned with center of heating element 203);
at least one first portion of the air impingement structure (Loebs, conical vaporizing member 10) extends into both the first part and the second part (Liu, 204, 2011);
a first epicenter of the first surface of the air impingement structure (Loebs, Fig 1, epicenter of vaporizing member 10) extends into both the first part and the second part (Liu, 204, 2011), the second surface having a circular horizontal cross-section (Liu, Figs 2, 3, circular cross-section of heating elements 203);
the air impingement structure is in a shape of a cone or a concave surface (Loebs, conical shaped vaporizing member 10).
Claim 15 is rejected as being dependent upon rejected claim 1.
Claim 18 is rejected under 35 U.S.C. 103 as being obvious over Liu (CN 203986096) in view Loebs (US 1,949,803) as applied to claims 1, 16 and 17, further in view of Liu '478 (US 2014/0190478).
With respect to the limitations of claim 18, Liu in view of Loebs discloses the claimed invention except for the first contact extends through the duct.
However, Liu '478 discloses the first contact (Figs 1, 2, heating coil 13 contacts, 0036) extends through the duct (Figs 1, 2, hole 121, 0039) is known in the art. It would have been obvious for one having ordinary skill in the art before effective filing date of the invention to adapt the assembly of Liu having a first contact silent to the first contact extends through the duct with the first contact to extend through the duct of Liu '478 for the purpose of forming a known configuration that allows for the electric heating coil to be sufficiently in contact with the cigar liquid (0039), thereby significantly simplifying total construction of the atomization device (0024).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 of the instant application are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of copending Application No. 18/641,812 (US 2024/0268465). Although the claims at issue are not identical, they are not patentably distinct from each other because they recite similar limitations.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
US Application 18/641,812
Instant Application Claims 1-15
1. An assembly, comprising: a capillary medium defining a duct; and an air impingement structure defining a first opening, the air impingement structure including electrically conductive filaments, the air impingement structure being connected to a surface of the capillary medium, at least one first portion of the air impingement structure extending into the surface of the capillary medium.
2. The assembly of claim 1, wherein the duct is aligned with the first opening.
3. The assembly of claim 1, wherein the duct traverses through a longitudinal length of the capillary medium.
4. The assembly of claim 1, wherein the duct traverses through a longitudinal length of the capillary medium, the duct traversing through a first epicenter of the surface of the capillary medium.
5. The assembly of claim 4, wherein a second epicenter of the air impingement structure extends into the surface of the capillary medium, the at least one first portion including the second epicenter.
6. The assembly of claim 1, wherein the duct traverses through a longitudinal length of the capillary medium, the duct traversing through an epicenter of the surface of the capillary medium, the capillary medium having a cylindrical shape.
7. The assembly of claim 1, wherein the first opening traverses through a first surface and a second surfaces of the air impingement structure, the first surface and the second surface opposing each other on the air impingement structure.
8. The assembly of claim 7, wherein the first opening traverses through an epicenter of the air impingement structure, the air impingement structure having a circular horizontal cross-section.
9. The assembly of claim 1, wherein the capillary medium includes a first part and a second part.
10. The assembly of claim 9, wherein the air impingement structure is connected to the second part, the second part having a first thermal decomposition temperature that is higher than a second thermal decomposition temperature of the first part.
11. The assembly of claim 9, wherein the first opening extends into both the first part and the second part.
12. The assembly of claim 10, wherein the first opening extends into both the first part and the second part.
13. The assembly of claim 1, wherein the air impingement structure is in a shape of a cone or a concave surface.
14. The assembly of claim 13, wherein the first opening traverses through an epicenter of the air impingement structure, the air impingement structure having a circular horizontal cross-section.
15. The assembly of claim 1, wherein the air impingement structure is made from a mesh of the electrically conductive filaments, the mesh being fluid permeable.
16. The assembly of claim 1, further comprising: a first contact and a second contact that are connected to the air impingement structure, the first contact and the second contact being electrically conductive.
17. The assembly of claim 16, wherein the first contact and the second contact are located at an interior portion and an exterior portion of the air impingement structure.
18. The assembly of claim 17, wherein the first contact extends through the duct.
19. The assembly of claim 1, further comprising: a housing, the housing having a second opening that is in communication with the first opening.
20. The assembly of claim 19, further comprising: a liquid aerosol-forming substrate infused within at least a portion of the capillary medium.
1. An assembly, comprising: a capillary medium defining a duct; and an air impingement structure including electrically conductive filaments, a surface of the capillary medium being connected to a first surface of the air impingement structure, a first end of the duct abutting the first surface of the air impingement structure, at least one first portion of the air impingement structure extending into the surface of the capillary medium.
2. The assembly of claim 1, wherein the first surface of the air impingement structure and a second surface of the air impingement structure oppose each other, the first end of the duct not being in direct communication with the second surface of the air impingement structure.
3. The assembly of claim 1, wherein the first surface of the air impingement and a second surface of the air impingement structure oppose each other, an internal cavity of the duct not being in direct communication with the second surface of the air impingement structure.
4. The assembly of claim 1, wherein the duct traverses through a longitudinal length of the capillary medium.
5. The assembly of claim 1, wherein the duct traverses through a longitudinal length of the capillary medium, the first end of the duct abutting a first epicenter of the first surface of the air impingement structure.
6. The assembly of claim 5, wherein the at least one first portion includes the first epicenter.
7. The assembly of claim 5, wherein the duct traverses through a second epicenter of the surface of the capillary medium, the capillary medium having a cylindrical shape, and the first epicenter is aligned with the second epicenter.
8. The assembly of claim 1, wherein the duct traverses through a longitudinal centerline of the capillary medium, the capillary medium having a cylindrical shape.
9. The assembly of claim 8, wherein the first end of the duct abuts a first epicenter of the first surface of the air impingement structure, the air impingement structure having a circular horizontal cross-section.
10. The assembly of claim 1, wherein the capillary medium includes a first part and a second part.
11. The assembly of claim 10, wherein the first surface is connected to the second part, the second part having a first thermal decomposition temperature that is higher than a second thermal decomposition temperature of the first part.
12. The assembly of claim 10, wherein the at least one first portion of the air impingement structure extends into both the first part and the second part.
13. The assembly of claim 11, wherein a first epicenter of the first surface of the air impingement structure extends into both the first part and the second part, the second surface having a circular horizontal cross-section.
14. The assembly of claim 1, wherein the air impingement structure is in a shape of a cone or a concave surface.
15. The assembly of claim 1, wherein the air impingement structure is made from a mesh of the electrically conductive filaments, the mesh being fluid permeable.
16. The assembly of claim 1, further comprising: a first contact and a second contact that are connected to the air impingement structure, the first contact and the second contact being electrically conductive.
17. The assembly of claim 16, wherein the first contact and the second contact are located at an interior portion and an exterior portion of the air impingement structure.
18. The assembly of claim 17, wherein the first contact extends through the duct.
19. The assembly of claim 1, further comprising: a housing, the housing having an opening that is in communication with a second surface of the air impingement structure, the second surface of the air impingement structure opposing the first surface on the air impingement structure.
20. The assembly of claim 19, further comprising: a liquid aerosol-forming substrate infused within at least a portion of the capillary medium.
Allowable Subject Matter
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Amendments
Claims 5-7, 15 and 19 have been amended.
Claims 21 and 22 are new.
Claims 1-22 are pending.
Response to Arguments
The objection of claims 2 and 3 are withdrawn in view of the applicant’s Remarks on page 6 directed to how claims 2 and 3 are distinct.
Applicant's arguments filed Remarks filed on 7/28/2026 have been fully considered but they are not persuasive. The applicant has argued on pages 6-7 about claim 1, that the combination of Liu in view of Loebs is improper because Loebs does not disclose a capillary medium connected to air impingement structure where Loebs only discloses a vaporizer inside an empty channel defined by pipe 6, the examiner respectfully disagrees. Liu teaches a capillary medium Figs 2, 3, guide cloth 204, second liquid storage cotton 2011, 0083, 0090) having a duct (smoke passage 2012) in contact with an air impingement structure (Figs 2-4, electric heating elements 203, 0079). Liu is silent to a first end of the duct abutting the first surface of the air impingement surface. However, Loebs was added to show that modifying the air impingement structure in contact with the capillary medium of Liu with the flanged, funnel shaped air impingement structure would result in an improved device that provides for rapid and complete vaporization (Col 2, Lines 91-96), thereby improving the overall efficiency of the device. The modification would result in the funnel shaped air impingement structure with a flange that enters and abuts the capillary medium duct of Liu.
The applicant further argues on page 9 about claim 1 that Liu in view of Loebs does not disclose “at least one first portion of the air impingement structure extending into the surface of the capillary medium” because Loebs does not disclose a capillary medium, the examiner respectfully disagrees. Liu teaches a capillary medium Figs 2, 3, guide cloth 204, second liquid storage cotton 2011, 0083, 0090) having a duct (smoke passage 2012) in contact with an air impingement structure (Figs 2-4, electric heating elements 203, 0079). Liu is silent to at least one first portion of the air impingement structure extending into the surface of the capillary medium. However, Loebs was added to show that modifying the air impingement structure in contact with the capillary medium of Liu with the flanged, funnel shaped air impingement structure would result in an improved device that provides for rapid and complete vaporization (Col 2, Lines 91-96), thereby improving the overall efficiency of the device. The modification would result in the funnel shaped air impingement structure having a funnel shaped surface that enters the capillary medium duct of Liu.
The applicant has argued on pages 9-10 that the combination of Liu in view of Loebs does not disclose the recited limitations of claims 2 and 3 directed to “the first end of the duct not being in direct communication with the second surface of the air impingement structure; an internal cavity of the duct not being in direct communication with the second surface of the air impingement structure”, the examiner respectfully disagrees. The duct (smoke passage 2012) is in not in direct communication with the second opposite surface of the heating element 203 because the first end of the duct does not directly contact the second opposite surface of the heating element 203. The internal cavity of the duct (smoke passage 2012) is in not in direct communication with the second opposite surface of the heating element 203 because the internal cavity of the duct does not directly contact the second opposite surface of the heating element 203.
The applicant has argued on pages 10-11 that Liu in view of Loebs fails to disclose the amended claim 19 limitations, the examiner respectfully disagrees as set forth in the rejection of claim 19 above.
The applicant has argued on page 11 about claim 18 that Liu ‘478 does not remedy the deficiencies of Liu in view of Loebs and claim 1, the examiner respectfully disagrees because Liu in view of Loebs fully discloses the limitations of claim 1.
The double patenting rejection is being maintained because a terminal disclaimer has not been submitted.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Steven Crabb can be reached at 571-270-5095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 9/14/2026
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