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 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 23—24 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.
Regarding claim 23, the claim recites “the shell body comprises an upper shell (11) and a lower shell (12)”; however, “the shell body” lacks antecedent basis. Claim 23 depends from claim 22, which depends from claim 1, and neither claim 22 nor claim 1 previously recites a “shell body.” It is therefore unclear whether “the shell body” refers to the previously recited shell or to a different structural component.
For purposes of continued examination, “the shell body” is interpreted as referring to the previously recited shell.
Claim 24 is rejected due to dependency on claim 23.
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.
Claims 1–7, 9, 21—23, and 25 are rejected under 35 U.S.C. § 102(a)(1) as being anticipated by machine translation of Zheng (CN112316258A).
Regarding claim 1, Zheng teaches an atomization device for an electronic cigarette comprising:
a shell (atomizing shell 1) (¶ [0049]), the shell having a length direction, a width direction and a thickness direction, and an air outlet (suction port 110) provided on the shell (atomizing shell 1) (¶ [0049]; Fig. 10);
a liquid storage chamber (liquid storage chamber 10) (¶ [0054]), an atomizing chamber (mist outlet chamber 2302) (¶ [0052]), and a separation piece (atomizing core seat 22) (¶ [0050]) being arranged in the shell (atomizing shell 1), the liquid storage chamber (liquid storage chamber 10) and the atomizing chamber (mist outlet chamber 2302) being located on two sides of the separation piece (atomizing core seat 22) in the length direction of the shell (Fig. 11);
a ventilation hole (mist outlet channel 221) extending in the length direction being formed on the separation piece (atomizing core seat 22) (¶ [0053]; Fig. 15);
an atomizing core assembly (atomizing core 25 and atomizing core sealing seat 24) being fixed on the separation piece (atomizing core seat 22), wherein atomizing core 25 and atomizing core sealing seat 24 are installed in mounting groove 220 of atomizing core seat 22 (¶ [0050]);
the atomizing core assembly (atomizing core 25) and the ventilation hole (mist outlet channel 221) being staggered in the width direction (Fig. 11);
an air outlet pipe (mist intake channel 1101) being provided in the shell (atomizing shell 1), the air outlet pipe (mist intake channel 1101) connecting the air outlet (suction port 110) to the ventilation hole (mist outlet channel 221) (¶ [0053]);
the atomizing chamber (mist outlet chamber 2302) being connected to the air outlet pipe (mist intake channel 1101) through the ventilation hole (mist outlet channel 221) (¶ [0053]); and
the atomizing core assembly (atomizing core 25, including atomizing core body 251 and heating resistor 252) being configured to absorb liquid in the liquid storage chamber (liquid storage chamber 10, through liquid guiding holes 101 and liquid guiding groove 254) and perform atomizing (¶ [0060]).
Regarding claim 2, Zheng further teaches the ventilation hole (mist outlet channel 221) is a through hole provided on the separation piece (atomizing core seat 22) (¶ [0053]; Figs. 15–16).
Regarding claim 3, Zheng further teaches the separation piece (atomizing core seat 22) is a separation plate (Figs. 15–16).
Regarding claim 4, Zheng further teaches a liquid passage hole penetrating in the length direction (liquid guiding hole 101) formed on the separation piece (atomizing core seat 22) (¶ [0054]; Fig. 15), and the atomizing core assembly (atomizing core 25 and atomizing core sealing seat 24) blocks the liquid passage hole (liquid guiding hole 101) (Fig. 12).
Regarding claim 5, Zheng further teaches a slot (mounting groove 220) formed on the separation piece (atomizing core seat 22), and the atomizing core assembly (atomizing core 25 and atomizing core sealing seat 24) is fixed in the slot (mounting groove 220) (¶ [0050]).
Regarding claim 6, Zheng further teaches the slot (mounting groove 220) is located on a side of the separation piece (atomizing core seat 22) close to the atomizing chamber (mist outlet chamber 2302) and is arranged opposite the liquid passage hole (liquid guiding hole 101) (Figs. 11, 16).
Regarding claim 7, Zheng further teaches, in the width direction, the ventilation hole (mist outlet channel 221) is located between the atomizing core assembly (atomizing core 25) and an inner wall of the shell (atomizing shell 1) (Fig. 11).
Regarding claim 9, Zheng further teaches the air outlet (suction port 110) is located on an end surface of an end of the shell (mouthpiece end 11 of atomizing shell 1) in the length direction (¶ [0049]; Fig. 10).
Regarding claim 21, Zheng further teaches the shell comprises a shell body (atomizing shell 1) and a lower cover (base 23), the lower cover (base 23) being disposed to cover an end of the shell body (opening 120 of atomizing shell 1) away from the air outlet (suction port 110) to form a sealed connection (¶ [0050]), and an air inlet (air inlet 231) formed on the lower cover (base 23) and connected to the atomizing chamber (mist outlet chamber 2302 through the base cavity) (¶ [0053]).
Regarding claim 22, Zheng further teaches the air outlet pipe (mist intake channel 1101) is integrally formed in the shell (atomizing shell 1) (¶ [0053]).
Regarding claim 23, Zheng teaches the shell body comprises an upper shell (mouthpiece shell 13) and a lower shell (atomizing shell 1) (Zheng, ¶ [0055]; Figs. 9–10); the upper shell is docked with the lower shell in a sealed manner (mouthpiece shell 13 is sleeved on the upper outer wall of atomizing shell 1, with mouthpiece sealing sleeve 14 sealing the gap between mouthpiece shell 13 and atomizing shell 1) (Zheng, ¶ [0055]; Figs. 9–10); the air outlet is provided on the upper shell (upper suction port 130 provided at the top of mouthpiece shell 13) (Zheng, ¶ [0055]; Figs. 9–10); and a top end surface of the upper shell is an arc surface (the arcuate top end surface of mouthpiece shell 13) (Zheng, Figs. 9–10).
Regarding claim 25, Zheng further teaches the ventilation hole (mist outlet channel 221) and the atomizing core assembly (atomizing core 25) are completely staggered in the width direction (Fig. 11).
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 8 is rejected under 35 U.S.C. § 103 as being unpatentable over machine translation of Zheng (CN 112316258 A).
Regarding claim 8, Zheng teaches the separation piece (atomizing core seat 22) arranged in the shell (atomizing shell 1) in a fixed operative position (Zheng, ¶ [0050]; Fig. 11), but does not teach the separation piece being integrally formed with the shell.
Zheng further teaches integrally forming internal structure of the atomization device with atomizing shell 1, namely mist intake channel 1101, which is arranged along the inner wall of atomizing shell 1 and integrally formed therewith (Zheng, ¶ [0053]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to similarly integrally form atomizing core seat 22 with atomizing shell 1, rather than forming the components separately and assembling them in the same fixed relationship, because making cooperating separately formed parts integral is an art-recognized obvious structural modification where the resulting integral structure predictably performs the same respective functions (MPEP § 2144.04(V)(B)).
Claims 10–20 and 26 are rejected under 35 U.S.C. § 103 as being unpatentable over Zheng (CN 112316258 A) in view of Lei et al. (US 2023/0063069 A1).
Regarding claim 10, Zheng teaches the atomization device of claim 9, wherein the atomizing chamber (mist outlet chamber 2302) and the air outlet pipe (mist intake channel 1101) form a gas path area of the atomization device (¶ [0053]; Fig. 11), and the liquid storage chamber (liquid storage chamber 10) forms a liquid path area of the atomization device (¶ [0054]; Fig. 11).
Zheng does not teach a ventilation channel connecting the gas path area to the liquid path area that allows gas to enter the liquid path area while preventing liquid from entering the gas path area.
Lei teaches a ventilation channel (vent channel 15) connecting a gas path area (vaporization cavity 125) to a liquid path area (liquid storage tank 4), wherein air passes through vent channel 15 into liquid storage tank 4 to balance the pressure therein (¶ [0098]). Lei further teaches preventing liquid in the liquid path area from entering the gas path area by one-way valve 161, which blocks liquid from liquid storage tank 4 from entering vent channel 15 while permitting air to enter liquid storage tank 4 when the pressure therein is lower than the gas-side pressure (¶ [0088]).
Zheng already provides liquid storage chamber 10 supplying liquid to atomizing core 25 and a gas path including mist outlet chamber 2302 and mist intake channel 1101 within the same atomizer. Lei teaches providing an auxiliary pressure-balancing vent between a vaporization region and a liquid storage tank to replenish pressure in the liquid storage tank as liquid is consumed, thereby maintaining smooth liquid supply and avoiding dry burning (¶ [0133]). Lei’s ventilation arrangement supplements the existing liquid-feed and aerosol-flow passages rather than replacing them.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Zheng to include Lei’s pressure-balancing vent channel between Zheng’s gas path area and liquid storage chamber 10, thereby allowing gas to enter the liquid storage chamber while preventing liquid from entering the gas path, in order to maintain pressure in the liquid storage chamber as liquid is consumed, promote continuous liquid supply to atomizing core 25, and avoid dry burning, as taught by Lei (¶ [0133]).
Regarding claim 11, Zheng does not teach a one-way ventilation seal configured to block the ventilation channel and to unblock the ventilation channel when a pressure in the gas path area is greater than a pressure in the liquid path area.
Lei teaches a one-way ventilation seal (one-way valve 161) configured to block the ventilation channel (vent channel 15) and to unblock the ventilation channel when a pressure in the gas path area is greater than a pressure in the liquid path area, wherein one-way valve 161 prevents liquid in liquid storage tank 4 from entering vent channel 15 and is pushed open by a pressure difference when the gas-side pressure exceeds the pressure in liquid storage tank 4, thereby allowing gas to enter the liquid storage tank (¶ [0088]).
Therefore, it would have been obvious to modify Zheng to provide Lei’s one-way valve 161 in the pressure-balancing vent channel in order to permit gas to enter the liquid storage chamber when the gas-side pressure exceeds the liquid-storage pressure while preventing liquid from flowing back into the gas path, as taught by Lei (¶ [0088]).
Regarding claim 12, Zheng teaches the atomizing core assembly comprising an atomizing core (atomizing core 25) and an atomizing core seal (atomizing core sealing seat 24), with atomizing core sealing seat 24 disposed between atomizing core 25 and the separation piece (atomizing core seat 22) to seal the gap therebetween (Zheng, ¶ [0050]).
Zheng does not teach the ventilation channel being provided between the separation piece and the atomizing core seal, with at least part of the atomizing core seal serving as the one-way ventilation seal.
Lei teaches a seal member (seal member 3) positioned between a separation structure (separating plate 114) and a vaporization core 2, with the seal member cooperating with an air-guide groove structure 151 to form/seal the ventilation passage (Lei, ¶¶ [0094]–[0102]). Lei further teaches a one-way ventilation seal (one-way valve 161) associated with vent channel 15, which blocks liquid from entering the vent channel and opens in response to a pressure differential to permit gas to enter liquid storage tank 4 (Lei, ¶ [0088]).
Lei thus teaches both placing a seal at the ventilation passage adjacent the vaporization core and using a pressure-responsive one-way seal to control that same pressure-balancing ventilation system.
Therefore, it would have been obvious to modify Zheng such that the ventilation channel is provided between atomizing core seat 22 and atomizing core sealing seat 24, and to configure at least a portion of atomizing core sealing seat 24 to perform the pressure-responsive one-way ventilation function taught by Lei, thereby controlling the pressure-balancing ventilation passage with the existing atomizing-core seal while permitting gas entry into the liquid storage chamber and preventing reverse liquid leakage, as taught by Lei (Lei, ¶ [0088]).
Regarding claim 13, Zheng does not teach the ventilation channel comprising a ventilation groove provided on the separation piece.
Lei teaches a ventilation groove (air guide groove structure 151) provided on the separation piece (separating plate 114), wherein the groove cooperates with seal member 3 to form vent channel 15 (¶ [0102]).
Therefore, it would have been obvious to modify Zheng to provide Lei’s ventilation groove on atomizing core seat 22 as part of the pressure-balancing ventilation channel, thereby providing a defined flow path between the gas-side region and the liquid storage chamber while maintaining sealing engagement with the atomizing core seal, as taught by Lei (¶ [0102]).
Regarding claim 14, Zheng teaches a slot (mounting groove 220) formed on the separation piece (atomizing core seat 22), the atomizing core assembly (atomizing core 25 and atomizing core sealing seat 24) being fixed in the slot, such that atomizing core sealing seat 24 is disposed adjacent the sidewall structure defining mounting groove 220 (Zheng, ¶ [0050]; Figs. 14–16). Zheng does not teach a ventilation groove provided on an inner surface of a side wall of the slot and extending in the length direction, with an upper edge of a side wall of the atomizing core seal serving as the one-way ventilation seal.
Lei teaches a ventilation groove (air guide groove structure 151) arranged adjacent a sealing member (seal member 3) to define a pressure-balancing ventilation passage (Lei, ¶ [0102]). Lei further teaches controlling the pressure-balancing ventilation passage with a pressure-responsive one-way seal (one-way valve 161) that opens when the gas-side pressure exceeds the liquid-storage pressure and otherwise prevents reverse liquid leakage (Lei, ¶ [0088]).
Therefore, it would have been obvious to apply Lei’s pressure-balancing groove and one-way sealing arrangement at the existing interface between Zheng’s mounting groove 220 and atomizing core sealing seat 24 by providing the ventilation groove along an inner sidewall of mounting groove 220 and configuring the adjacent upper edge portion of sealing seat 24 to perform the one-way ventilation function taught by Lei, thereby using the existing slot-and-seal interface to selectively admit gas into the liquid storage chamber while preventing reverse liquid leakage, as taught by Lei (Lei, ¶ [0088]).
Regarding claim 15, modified Zheng further teaches the separation piece comprising a top plate and a side wall extending from the top plate toward the atomizing chamber, the top plate and the side wall together forming the slot (the transverse upper portion and surrounding sidewalls of atomizing core seat 22 defining mounting groove 220) (Zheng, Figs. 14–16); the top plate being provided with the liquid passage hole (liquid guiding hole 101) (Zheng, ¶ [0054]; Figs. 15–16); and the atomizing core seal (atomizing core sealing seat 24) being in an interference fit with the top plate and/or the side wall, wherein sealing seat 24 is fitted within mounting groove 220 between atomizing core seat 22 and atomizing core 25 to seal the gap therebetween (Zheng, ¶ [0050]; Fig. 16).
Regarding claim 16, Zheng teaches an air outlet pipe (mist intake channel 1101) connecting the ventilation hole (mist outlet channel 221) to the air outlet (suction port 110) (¶ [0053]). Zheng does not teach the air outlet pipe comprising a first air outlet pipe and a second air outlet pipe in communication with each other, the first air outlet pipe being connected to the ventilation hole and the second air outlet pipe being connected to the air outlet.
Lei teaches a second air outlet pipe (vent tube 132) in communication with an upstream air outlet passage (air outlet channel 131), wherein the vent tube 132 conducts aerosol from air outlet channel 131 toward the outlet (¶¶ [0112]–[0113]).
Zheng already teaches conducting aerosol from mist outlet channel 221 through longitudinal mist intake channel 1101 to suction port 110 (¶ [0053]). Lei teaches extending an aerosol outlet path with a downstream vent tube in communication with an upstream outlet passage to conduct aerosol toward the outlet (¶¶ [0112]–[0113]).
Therefore, it would have been obvious to modify Zheng by retaining mist intake channel 1101 as a first air outlet pipe connected to mist outlet channel 221 and providing a downstream second air outlet pipe in communication therewith and connected toward suction port 110, as taught by Lei, thereby providing successive communicating outlet passages for conducting aerosol from the atomizing region to the air outlet (¶¶ [0112]–[0113]).
Regarding claim 17, Zheng further teaches the first air outlet pipe being an air outlet vertical pipe extending in the length direction of the shell (mist intake channel 1101 extending downward along one side of atomizing shell 1) (¶ [0053]; Fig. 11), and the air outlet vertical pipe (mist intake channel 1101) and the atomizing core assembly (atomizing core 25) being staggered in the width direction (Fig. 11).
The modification of claim 16 retains Zheng’s existing mist intake channel 1101 as the first air outlet pipe; therefore, its longitudinal side-mounted relationship relative to atomizing core 25 is maintained in the modified device.
Regarding claim 18, modified Zheng further teaches the air outlet vertical pipe (mist intake channel 1101) being adjacent to an inner wall of the shell (atomizing shell 1), wherein mist intake channel 1101 extends along one side of the inner wall of atomizing shell 1 (Zheng, ¶ [0053]).
Regarding claim 19, modified Zheng further teaches a baffle formed on the shell (the longitudinal wall defining mist intake channel 1101, integrally formed with atomizing shell 1) and the baffle separating an inner cavity of the shell into the liquid storage chamber (liquid storage chamber 10) and the air outlet pipe (mist intake channel 1101) in the length direction (Zheng, ¶¶ [0053]–[0054]; Fig. 11).
Regarding claim 20, modified Zheng further teaches the first air outlet pipe being a connecting pipe provided in the shell (mist intake channel 1101, which is a pipe extending downward from suction port 110, arranged along one side of the inner wall of atomizing shell 1, and integrally formed with atomizing shell 1) (Zheng, ¶ [0053]).
Regarding claim 26, Zheng teaches an electronic cigarette comprising an atomization device according to claim 1, wherein atomizing shell 1 is connected to a battery assembly through connecting end 12 to form an electronic atomizing device (Zheng, ¶ [0049]). Zheng further teaches the atomizing core assembly forming an electrical connection with an electrical component, wherein electrode 236 of base 23 is electrically connected to an electrode of the battery assembly (Zheng, ¶ [0058]).
Zheng does not teach a cigarette rod having an accommodating groove with a top end that is open, with at least part of the shell inserted into the accommodating groove.
Lei teaches a cigarette rod (main unit 20 including shell 201) having an electrical component arranged therein (power supply component 202) and an accommodating groove with an open end for receiving vaporizer 10, wherein vaporizer 10 is inserted into the opening of shell 201 and connected to power supply component 202 (Lei, ¶ [0065]).
Zheng already teaches connecting its atomizer to a battery assembly to form an electronic atomizing device (Zheng, ¶ [0049]). Lei teaches accomplishing such an atomizer-to-power-unit connection by inserting the vaporizer into an open receiving portion of a main unit containing the power supply component (Lei, ¶ [0065]).
Therefore, it would have been obvious to provide Zheng’s battery assembly as a cigarette rod having an open-ended accommodating groove and to insert at least part of atomizing shell 1 into the accommodating groove, as taught by Lei, to physically retain the atomization device while forming the electrical connection between the atomizing core assembly and the electrical component (Lei, ¶ [0065]).
Claim 24 is rejected under 35 U.S.C. § 103 as being unpatentable over Zheng (CN 112316258 A) in view of Qiu et al. (US 2021/0298356 A1).
Regarding claim 24, Zheng teaches the shell body comprising an upper shell (mouthpiece shell 13) and a lower shell (atomizing shell 1), the upper shell being docked with the lower shell in a sealed manner (Zheng, ¶ [0055]; Figs. 9–10). Zheng does not teach an internal positioning rib extending in the length direction formed in the upper shell and/or the lower shell, wherein the inner positioning rib is attached on an inner surface of the lower shell that is not directly connected to the inner positioning rib and/or an inner surface of the upper shell that is not directly connected to the inner positioning rib.
Qiu teaches internal positioning ribs (positioning ribs 5111) extending in the length direction and formed on an inner wall of a cartridge casing (cartridge casing 51), wherein the positioning ribs engage an opposed structure to limit installation depth and thereby establish the installed position of the assembled cartridge structure (Qiu, ¶ [0154]).
Zheng already teaches upper and lower shell portions assembled together in a predetermined sealed relationship (Zheng, ¶ [0055]). Qiu teaches using longitudinal internal positioning ribs within an electronic-cigarette cartridge to establish and limit the relative installed position of assembled components (Qiu, ¶ [0154]).
Therefore, it would have been obvious to provide an inner surface of one of Zheng’s upper or lower shell portions with a longitudinal internal positioning rib, as taught by Qiu, and to configure the rib to engage an opposed inner surface of the other shell portion that is not otherwise directly connected to the rib, thereby establishing and maintaining the predetermined assembled position of the upper and lower shell portions in the manner taught by Qiu (Qiu, ¶ [0154]).
Conclusion
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at (571) 270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER A KESSIE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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