Detailed Office 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 .
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 § 102
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, 9-10, and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) and/or 35 U.S.C. 102(a)(2) as being anticipated by Xie (WO2021254401A1 (from IDS) – US20230240360A1 is used for the rejection below).
In regard to claim 1, Xie discloses an atomizer (vaporizer 100), comprising
a liquid storage room (liquid storage cavity 12) configured to store liquid aerosol generation substrate (a liquid storage cavity 12 for storing the liquid substrate [0122]);
an atomization main body comprising an atomization assembly (heating element 40 and porous body 30 combined together form the atomization assembly [0122]), the atomization assembly comprising a liquid absorbing surface (liquid absorbing surface 31) in liquid guide communication with the liquid storage room (The liquid absorbing surface 31 is opposite to the liquid storage cavity 12 and is in direct or indirect contact with the liquid substrate in the liquid storage cavity 12 to absorb the liquid substrate [0123]);
and at least one vent channel comprising a vent tube (hole 63/air channel) provided on an inner wall surface of the liquid storage room (an air channel is formed between a rigid support frame a and a flexible silicone base a for the external air to enter when the liquid storage cavity [0141]) the vent tube (hole 63/air channel) comprising a vent opening that is away from the inner wall surface and/or the liquid absorbing surface (See Annotated Fig. 18 below).
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In regards to claim 2, Xie discloses an atomizer, as discussed in claim 1 wherein the atomizer (vaporizer 100) has a longitudinal axis (the vaporizer includes a hollow cylindrical outer housing, where the outer housing includes a near end and a far end that are opposite to each in an axial direction.), and wherein the liquid absorbing surface (liquid absorbing surface 31) is approximately perpendicular to the longitudinal axis (See annotated figure 5 below).
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In regard to claim 3, Xie discloses an atomizer, as discussed in claim 1 wherein the inner wall surface comprises a bottom wall surface (flexible silicone sleeve 50) adjacent to the liquid absorbing surface (the liquid absorbing surface 31 is next to the flexible silicone sleeve 50), and wherein the vent tube (hole 63) is vertically provided on the bottom wall surface (Figure 6 shows hole 63 is located vertically to the flexible silicone sleeve 50).
In regards to claim 4, Xie discloses an atomizer, as discussed in claim 1, wherein the bottom wall surface comprises a flat surface (top portion of the flexible silicone sleeve 50), and wherein a vertical distance between the vent opening and the bottom wall surface is smaller than a vertical distance between the vent opening and the liquid absorbing surface (See annotated Figure 5 below).
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In regard to claim 5, Xie discloses an atomizer, as discussed in claim 1, wherein a length direction of the vent tube is parallel to the longitudinal axis (See annotated Fig 5 below).
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In regard to claim 9, Xie discloses an atomizer, as discussed in claim 9, wherein the liquid storage room (liquid storage cavity 12) comprises a convergence portion (rigid support frame 60) formed in the atomization main body, and wherein the vent tube (hole 63) is vertically provided on the inner wall surface of the convergence portion (Figure 6 shows hole 63 is located vertically on the rigid support frame 60).
In regard to claim 10, Xie discloses an atomizer, as discussed in claim 9, wherein the atomization main body comprises a lower seat (end cover 20) comprising a first support portion and a second support portion spaced apart (First mounting holes 22 and second mounting holes 23), wherein the atomization assembly (porous body 30) is transversely mounted on the first support portion and the second support portion (see figure 3), wherein an atomization cavity (heating element 40) is formed below the atomization assembly (see figure 3), wherein the atomization assembly comprises an atomization surface (vaporization surface 32) opposite the liquid absorbing surface (liquid absorbing surface 31), and wherein the atomization surface is in air guide communication with the atomization cavity (The heating element 40 is preferably formed on the vaporization surface 32 [0125]).
In regard to claim 17, Xie discloses an atomizer, as discussed in claim 1, wherein the at least one vent channel comprises two vent channels (hole 63/air channel), wherein each vent channel of the two vent channels comprises a vent tube (hole 63), and wherein vent tubes of the two vent channels are respectively provided on two opposite sides of the liquid absorbing surface (Figure 5 shows another hole 63 on the opposite side of the liquid absorbing surface 31).
In regard to claim 18, Xie discloses an electronic atomization device (electronic cigarette) comprising: the atomizer (vaporizer 100) of claim 1 (See claim 1 above).
Claim Rejections - 35 USC § 103
5. 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.
6. 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.
7. Claim(s) 1-5 and 9-18 are rejected under 35 U.S.C. 103 as being unpatentable over Li (WO2019157645A1 – US20200397043A1 is used for the rejection below), in view of Xie (WO2021254401A1 (from IDS) – US20230240360A1 is used for the rejection below.
In regard to claim 1, Li discloses an atomizer comprising a liquid storage room configured to store a liquid aerosol generation substrate, wherein the liquid storage device 20 includes housing 21 having liquid storage portion 211 and airflow tube 22, with liquid storage cavity 23 formed between liquid storage portion 211 and airflow tube 22 [0105]. Li further teaches an atomization main body comprising atomization assembly 10 having a porous body 121 configured to absorb e-liquid from the liquid storage cavity [0063] and the porous body comprising a liquid absorbing surface in liquid communication with the liquid storage cavity [0067].
Li does not teach at least one vent channel comprising a vent tube provided on an inner wall surface of the liquid storage room, wherein the vent tube comprises a vent opening that is away from the inner wall surface and/or the liquid absorbing surface.
Xi teaches providing a venting arrangement for introducing external air into a liquid storage cavity to alleviate negative pressure developed within the liquid storage cavity as liquid is conveyed, thereby facilitating smooth supply of the liquid to the porous body [0134].
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 the liquid storage device of Li to include the vent channel and vent tube arrangement taught by Xi in order to allow external air to enter Li's liquid storage cavity, thereby alleviating negative pressure developed within the liquid storage cavity and facilitating smooth absorption and supply of the liquid to the porous body. It would further have been obvious to arrange the vent tube vertically, as taught by Xi, and to position the end of the vent through which external air is introduced such that it does not interfere with the aerosol flow path of Li, thereby permitting external air to enter the liquid storage cavity while maintaining the intended flow of aerosol through Li's atomizer [0005].
In regard to claim 2, Li in view of Xie discloses an atomizer as discussed in claim 1, wherein the atomizer (atomizer 1) has a longitudinal axis, and wherein the liquid absorbing surface is approximately perpendicular to the longitudinal axis (See annotated Figure 32 below).
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In regard to claim 3, Li in view of Xie discloses an atomizer as discussed in claim 2, wherein the inner wall surface comprises a bottom wall surface (a sleeve 15) adjacent to the liquid absorbing surface (Figure 31; the sleeve 15 neighbors the upper holder, the upper holder neighbors the sealing sleeve 13, the sealing sleeve 13 neighbors the heating element 12v, and the liquid adsorbing surface 1212 is located inside the heating element 12v) and wherein the vent tube (first air inlet hole 157) is vertically provided on the bottom wall surface (Figure 31 shows the first air inlet hole 157 located on the left side of the sleeve 15).
In regard to claim 4, Li in view of Xie discloses an atomizer as discussed in claim 3, wherein the bottom wall surface (a sleeve 15) comprises a flat surface (top wall 151), and wherein a vertical distance between the vent opening and the bottom wall surface is smaller than a vertical distance between the vent opening and the liquid absorbing surface (See Annotated Fig. 32 below).
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In regard to claim 5, Li in view of Xie discloses an atomizer as discussed in claim 4, wherein a length direction of the vent tube (first air inlet hole 157) is parallel to the longitudinal axis (See annotated Figure 32 below).
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In regard to claim 9, Li in view of Xie discloses an atomizer as discussed in claim 1, wherein the liquid storage room (liquid storage device 20) comprises a convergence portion (groove 120v) formed in the atomization main body, and wherein the vent tube (first air inlet 157) is vertically provided on the inner wall surface of the convergence portion (Figure 31 and 32; the first air inlet 157 is on the sleeve 15, the sleeve is on the upper holder 14, the upper holder in on the sealing sleeve 13, and the sealing sleeve 13 is on the heating element 12 v. The heating element 12 v contains the groove 120 v).
In regard to claim 10, Li in view of Xie discloses an atomizer as discussed in claim 9, wherein the atomization main body comprises a lower seat (base/lower holder 111) comprising a first support portion) and a second support portion spaced apart (a first supporting arm 112 standing on a top surface of the base 111, and a second supporting arm 113 standing on the top surface of the base 111 and disposed opposite to the first supporting arm 112.),
wherein the atomization assembly (heating assembly 12v) is transversely mounted on the first support portion and the second support portion (steps 1126, 1136 are formed on the first supporting arm 112 and the second supporting arm 113, respectively. Both ends of the heating assembly 12 v are supported on the steps 1126, 1136, respectively.[0101]),
wherein an atomization cavity (atomizing cavity 110) is formed below the atomization assembly (heating assembly 12v; see figure 32),
wherein the atomization assembly (heating assembly 12v) comprises an atomization surface (atomizing surface 1211v) opposite the liquid absorbing surface (liquid adsorbing surface 1212v; see figure 25),
and wherein the atomization surface is in air guide communication with the atomization cavity (The direction of the airflow at the atomizing cavity 110 is parallel to the atomizing surface 1211 v of the heating assembly 12 v [0114]).
In regards to claim 11, Li in view of Xie discloses an atomizer as discussed in claim 10, wherein the at least one vent channel comprises a first vent groove (inlet groove structure 114) formed in a top surface of the first support portion (first supporting arm 112) or the second support portion and extending transversely (see figure 29),
wherein a second vent groove (accommodating grooves/engaging portions 1122) formed in an inner side surface of the first support portion (first supporting arm 112) or the second support portion extends longitudinally (see figure 29),
wherein the first vent groove is communicated with the second vent groove, wherein the atomization assembly covers the first vent groove (air inlet groove structure 114 with the accommodating grooves 1122 by way of the through hole 1120 [0102]; Both ends of the heating assembly 12 v are supported on the steps 1126, 1136, respectively. Outer sides of top ends of the first supporting arm 112 are further provided with engaging portions 1122 for engaging with the upper holder 14, respectively. [0101]),
and wherein an end of the first vent groove away from the inner side surface is exposed outside the atomization assembly (heating 12 v is disposed in the lower holder 11, the air inlet groove 114 extends outward; see figure 29).
In regard to claim 12, Li in view of Xie discloses an atomizer as discussed in claim 11 wherein the atomization main body comprises an upper seat (upper holding 14) comprising a holding portion (main body 141) pressing against the atomization assembly and an outer enclosing frame (embedded portion 142) provided on the holding portion (main body 141 abuts the embedded portion 142, the embedded portion 142 abuts the sleeve 13, and the sleeve abuts the heating assembly 12v; see figure 31),
wherein the at least one vent channel comprises a vent hole (second air outlet channel 146) vertically running through the holding portion and communicated with the vent opening (see figure 32),
wherein a third vent groove (engaging hook 148) is formed in an inner wall surface of the outer enclosing frame and extends longitudinally downwards (engaging hook 148 extending downwardly to be hooked onto the lower holder [0103]; see figure 31),
wherein a fourth vent groove (slot channel 145) is formed in a lower surface of the holding portion and communicates the vent hole with the third vent groove (a second air outlet channel 146 in communication with the slot channel 145 [0103])
and wherein a lower end of the third vent groove (engaging hook 148) is communicated with the end of the first vent groove (accommodating groove /engaging portion 1122) away from the inner side surface [0110].
In regard to claim 13, Li in view of Xie discloses an atomizer as discussed in claim 12, wherein the atomization assembly comprises a sheet-like heating element (sheet heating portion of heating element 12 v) and a soft seal member bonded to a periphery of the heating element (sealing sleeve 13 sleeved around the heating assembly 12 v),
wherein the vent hole (air outlet channel 146) faces directly to the soft seal member (sealing sleeve 13), and wherein the outer enclosing frame surrounds the periphery of the soft seal member (annular embedded portion 142 sleeved around the sealing sleeve 13).
In regard to claim 14, Li in view of Xie discloses an atomizer as discussed in claim 13, wherein the heating element comprises a sheet-like substrate (porous body 121), and wherein the substrate comprises glass with a micropore array, dense ceramics with a micropore array, or sheet-like porous ceramics (The porous body 121, in some embodiments, can be made of hard capillary structures such as porous ceramics, porous glass ceramics, porous glass, and so on [0064]).
In regard to claim 15, Li in view of Xie discloses an atomizer as discussed in claim 13, wherein the holding portion (main body portion 141) is provided with a liquid flowing opening vertically running through the holding portion (liquid channel 144) and corresponding to the liquid absorbing surface (the liquid channel 144 of the upper holder 14, and then flows into the groove 120 of the heating assembly 12 v to be in contact with the liquid adsorbing surface 1212 v [0113]),
wherein the lower surface of the holding portion comprises an inner enclosing frame surrounding the liquid flowing opening (embedded portion 142), and wherein the inner enclosing frame abuts against the inner side of the soft seal member (the assembly of the sealing sleeve 13 and the heating assembly 12 v is inserted into the embedded portion 142 of the upper holder 14 [0109]).
In regard to claim 16, Li in view of Xie discloses an atomizer as discussed in claim 12, wherein the vent tube is provided on the holding portion (the second air outlet channel 146 is located in the middle on the main body portion and extended though the main body 141 and embedded portion 142).
In regard to claim 17, Li in view of Xie discloses an atomizer as discussed in claim 1, wherein the at least one vent channel comprises two vent channels, wherein each vent channel of the two vent channels comprises a vent tube (the second air inlet hole 2120 and the first air inlet hole 157), and wherein vent tubes of the two vent channels are respectively provided on two opposite sides of the liquid absorbing surface (See figure 32; shows the second air inlet 2120 is located on the right and he first air inlet hole 157 is located on the left).
In regards to claim 18, Li in view of Xie discloses an electronic atomization device (electronic cigarette) comprising the atomizer (atomizer 1) of claim 1.
Allowable Subject Matter
Claim(s) 6-8 are 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.
The following is a statement of reason for the indication of the allowable subject matter:
The closest prior art is Li (WO2019157645A1 – US20200397043A1 is used for the rejection), which discloses an atomizer of claim 1, as discussed above.
In regard to claim 6, Li discloses step 213 but fails to disclose stepped holes and a pore size of each hole segment decreasing in a direction away from the inner wall surface. In figure 32, the channel made from the first air inlet hole 157, displays a decrease in size as air moves to the heating element 12 v, however the pore size is not disclosed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANNAH C NNABUGWU whose telephone number is (571)272-8791. The examiner can normally be reached Mon-Thurs. 8:30am-5:00pm.
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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 5712703882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HANNAH CHINWE NNABUGWU/Examiner, Art Unit 1747
/Christopher M Rodd/Primary Examiner, Art Unit 1766
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