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 .
Status of the Claims
Claims 1-15 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 08/28/2023. It is noted, however, that applicant has not filed a certified copy of the CN202322325116.X application as required by 37 CFR 1.55.
The Examiner notes that an attempt by the Office to electronically retrieve the priority document under the priority document exchange program failed on 01/28/2025.
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, 14 and 15 are rejected under 35 U.S.C. 102 (a)(1) and 35 U.S.C. 102 (a)(2) as being anticipated by Zhu (US20160106153 A1).
Regarding claim 1, Zhu directed to vaporizer heating assemblies for electronic cigarettes (Abstract), discloses an aerosol-generating device (“electronic cigarette 101” [0088] - [0089]), comprising:
a liquid storage portion (“middle body portion 60” [0089]), wherein a liquid storage cavity (“e-liquid storage 70” [0089]), a main airway (“vapor tube 30 and air vent 121” [0082]; FIGs. 3 & 8), and at least a part of an atomization cavity (“vaporizing chamber” [0089]) are defined in the interior of the liquid storage portion (see FIGs. 3 & 8), the liquid storage cavity is configured to store a liquid substrate (“e-liquid” [0089]), the atomization cavity is configured to provide a release space for an aerosol generated by atomizing the liquid substrate (“the air in the mounting base air vent 121 goes up between the separator plates 123 and exits through an air passage, and through the vapor tube 30 to the user” [0082]; [0089]). The vaporizing chamber inside the upright separator plates 123 discloses the claimed limitation release space provided by the atomization cavity.
Zhu further discloses a one end of the main airway is in communication with the atomization cavity, and the other end of the main airway is in communication with the outside [0082]; [0089] - [0090], FIG.3 & 8;
a first heating member (one of the two “heating elements 13” [0077]), arranged in a heating element opening 124 with in the atomization cavity (see FIGs. 2-3), wherein the first heating member is in communication with the liquid storage cavity, to absorb the liquid substrate in the liquid storage cavity and perform heating and atomization [0089];
and a second heating member (the other one of the two “heating elements 13” [0077]), arranged in a heating element opening 124 with in the atomization cavity (see FIGs. 2-3); [0096] and spaced apart [0079] from the first heating member, wherein the second heating member is in communication with the liquid storage cavity, to absorb the liquid substrate in the liquid storage cavity and perform heating and atomization [0089].
Regarding claim 14, Zhu discloses that the first heating member comprises a first main body portion (“e-liquid media 14” [0102]) and a first heating portion (“heating wires” [0103]; [0125]), wherein; the first main body portion is in communication with the liquid storage cavity to absorb the liquid substrate in the liquid storage cavity [0089]; [0102],
and the first heating portion is configured to heat the liquid substrate absorbed by the first main body portion to generate the aerosol [0089]; [0102]; and/or the second heating member comprises a second main body portion and a second heating portion, wherein: the second main body portion is in communication with the liquid storage cavity, to absorb the liquid substrate in the liquid storage cavity, , and the second heating portion is configured to heat the liquid substrate absorbed by the second main body portion, to generate the aerosol [0089]; [0102].
Zhu further discloses that the first and second main body portions are made of various fibers or porous ceramic material [0090].
Zhu’s figures 13-14 & 18 show that the heating wires are disposed within the first main body portion, with the heating wires oriented toward the interior of the atomization cavity away from the external liquid storage cavity. “Each of the first and the second e-liquid media 14 has an exterior portion 99, an interior portion 98, and a medium layer 96. The first heating element 13 is positioned inside of the medium layer 96 between the exterior portion 99 and the interior portion 98 of the first e-liquid medium 14” [0122]. The first and second heating portions (i.e., heating wires) are positioned on the side of the e-liquid media/fist main body portion that is interior-facing towards the atomization cavity to effectively heat the e-liquid substrate absorbed in the e-liquid media. Therefore, the first and the second heating portions located on a side surface of their corresponding main body portions away from the liquid storage cavity is disclosed by Zhu (see FIG. 14).
Regarding claim 15, Zhu further discloses an aerosol-generating device according to claim 1, wherein: both the first heating member and the second heating member are in a flat plate shape [0090]; and the first heating member and the second heating member are substantially arranged in parallel (see figures 3, 13-14, 18 & 20).
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 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu as applied to claim 1 above, in view of Liu et al. (US20180161525 A1).
Regarding claim 2, Zhu discloses that an aerosol-generating device is a battery-powered device [0006], the aerosol-generating device further comprising a first energy storage member (“a first terminal of the electric power supply” [0023]; [0080]),
and a first terminal of the electric power supply is electrically connected to the first heating member and the second heating member separately; and wherein both the first heating member and the second heating member are mounted in the atomization cavity [0099].
Zhu doesn’t disclose (I) that both the first energy storage member and the liquid storage portion extend in a length direction of the aerosol-generating device and are arranged in parallel, (II) the first heating member and the second heating member are mounted in the atomization cavity in a thickness direction of the aerosol-generating device.
Regarding (I), Liu directed to an ultrasonic atomizer and electronic cigarette (Abstract), discloses an aerosol-generating device (electronic cigarette), further comprising a first energy storage member (“battery 47” [0047]”) and a liquid storage portion (“inner wall of the housing 15” [0038]) wherein both the first energy storage member and the liquid storage portion extend in a length direction of the aerosol-generating device and are arranged in parallel (see Fig. 7).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhu by arranging the first energy storage member and the liquid storage portion extend in a length direction of the aerosol-generating device to be in parallel placement as taught by Lui, because both Zhu and Liu are directed to electronic smoking devices, Lui teaches a side by side structure of an electronic cigarette device is smaller in volume and is more convenient to take [0047], and this involves applying a known technique to a similar device to yield predictable results.
Furthermore, to the extent Applicant intends a lateral end to end placement, arranging energy storage member and the liquid storage portion in a length direction rather than a side-by-side arrangement of the energy storage member parallel with the aerosol generating device as in claim 2 of the claimed invention, is an obvious rearrangement of parts that yields a predictable result (see MPEP § 2144.04.IV.C).
Regarding (II), Liu doesn’t explicitly disclose that the first heating member and a second heating member are mounted in the atomization cavity in a thickness direction of the aerosol-generating device.
However, it should be noted that the change in form or shape, without any new or unexpected results, is considered an obvious engineering design (see MPEP § 2144.04.IV.B). While Zhu illustrates that the first and the second heating members being mounted in parallel in the atomization cavity in a width direction ([0122] - [0123]; FIGs. 3, 14-15 & 19), one of ordinary skill in the art could vary the arrangement of heating elements in an atomization cavity to be placed in a thickness direction or in a width direction.
Regarding claim 3, Zhu discloses the main airway is located between the first heating member and the second heating member ([0076] – [0077]; FIG.3); and the main airway is surrounded by the liquid storage cavity (see FIG. 8).
Claim 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu as applied to claim 1 above, in view of Chen et al. (US20210401057 A1).
Regarding Claim 4, Zhu discloses that an aerosol-generating device is a battery-powered device [0006], the aerosol-generating device further comprising a second energy storage member (“a second terminal of the electric power supply” [0022]; [0080]). Zhu further discloses that both the first heating member and the second heating member are mounted in parallel in the atomization cavity in a width direction ([0122] - [0123]; FIGs. 3, 14-15 & 19).
Zhu does not explicitly disclose (I) a second energy storage member, wherein in a length direction, the second energy storage member is located at one end of the liquid storage portion, and the second energy storage member is electrically connected to the first heating member and the second heating member separately.
Chen directed to a disposable electronic cigarette (Abstract), discloses an electronic cigarette (aerosol-generating device) comprising a liquid storage portion (“oil cup 19/first and second plastic pipes 22 & 23 containing oil storage assemblies 13, 14” [0051]- [0052]). The liquid storage portion includes a liquid storage cavity (“interior of oil storage subassemblies 13 & 14” [0048]; [0052]), a main airway (”an airflow channel/first, second third and fourth air conduits communicating with suction nozzle 6” [0048]; [[0053]- [0055]), and at least part of an atomization cavity (“atomization channel 27” [0048]). The atomizing assembly comprises a first heating element 7 and a second heating element 8 ([0048]; Fig.4).
Chen further discloses a second energy storage member (“battery 2” [0028]). The second energy storage member comprises a control unit electrically connected with the atomizing assembly [0050]. Furthermore, the electrical connection of the second energy storage member with the first and second heating elements separately is disclosed in paragraph [0039].
Chen discloses the electronic cigarette comprising housing 1 with a hollow interior and is divided into two spaces, the upper space is used to set the atomizing assembly, and the lower space is used to set the battery pack ([0049]). Chen’s figure 4 shows the battery 2 is located at the lower space of the hollow housing below the atomizing assemblies arranged in length direction.
Chen further discloses that two groups of atomizing assemblies are arranged in parallel in two separate atomization channels 27, which teaches the limitation the first heating member and the second heating member are mounted in parallel in the atomization cavity, ([0056]; Fig. 4). “The first plastic pipe 22 and the second plastic pipe 23, are arranged inside the housing tube side by side” disclosing that the first and second heating elements arranged in the first and second plastic pipes respectively are mounted parallel to one another across the housing’s cross-section (i.e., width direction) as shown in Fig. 4.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhu by providing a second energy storage member arranged in length direction at one end of the liquid storage portion, and electrically connecting the second energy storage member to the first heating member and the second heating member separately as taught by Chen, because both Zhu and Chen are directed to electronic cigarette devices, Chen teaches a longitudinal arrangement of a second energy storage member electrically connected with varied embodiment of atomizing assembly in order provide improved smoking experience to users [0029], and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 5, Zhu discloses a main airway comprising a central air passage that communicates the lower body portion and with the mouthpiece [0088].
Zhu further discloses a third segment (“vapor tube 30” [0100]is located at an end of the liquid storage cavity away from the atomization cavity, one end of the third segment is in communication with the outside (see FIG. 2).
Zhu doesn’t explicitly disclose a first segment and a second segment in the width direction, the first segment and the second segment respectively provided on two sides of the liquid storage cavity, and both one end of the first segment and the second segment are in communication with the atomization cavity; and the other end of the third segment is in communication with both the other end of the first segment and the other end of the second segment.
Chen discloses the electronic cigarette (aerosol-generating device) comprises a housing tube 1 which includes a bottom end provided with a bottom cover 18 and a top of the tube is provided with a suction nozzle 6, both the bottom cover 18 and the suction nozzle 6 are provided with through holes for air supply flow (i.e., main airway) [0048]; [0049]. In this case, Chen’s through hole provided on the suction nozzle 6 is the third segment of the main airway of the claimed invention.
Chen further discloses an atomization cavity “atomizing channel 27” [0048].
Chen further discloses a first segment “a fourth air conduit 12” [0054], a second segment “third air conduit 11“[0053], and a third segment in the width direction (see Figure 4).
Further discloses the first segment is provided on one end of a liquid storage cavity (“interior of oil storage subassembly 14” [0054]), and the second segment is provided on one end of a liquid storage cavity (“interior of oil storage subassembly 13” [0045]), and both one end of the first segment and one end of the second segment are in communication with the atomization cavity, “air flow channels are in communication with atomization channels 27” [0056].
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhu’s main airway by providing a first and a second segments on the sides of the liquid storage cavity and both segments to be in communication with the atomization cavity as taught by Chen, because both Zhu and Chen are directed to electronic cigarette devices, Chen teaches various segments of a main airway in communication with each other and also the atomization cavity in order to form an air supply flow from the atomization cavity towards the suction nozzle, and this involves applying a known teaching to a similar device to yield predictable results.
Claims 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu as applied to claim 1 above, in view of Chen et al. (US20210212375 A1, hereinafter referred to Chen ‘375).
Regarding claim 6, Zhu discloses “the air to be used for vaporizing e-liquid enters the first vaporizer heating assembly 100 from the bottom of the electrode 23 and goes through the electrode 23, and enters the mounting base air vent 121” [0081]. Zhu illustrates that an external air enters through the lower end or through the bottom of the electrode 23 and reaches the atomization cavity guided by mounting base air vent 121 (i.e., air inlet channel), in a length direction, (see FIGs. 2-3).
Zhu further discloses “a center air passage is defined through the mouthpiece 80, the upper body portion 62, the middle body portion 60, the heating assembly holder 64, and the lower body portion 66” [0101]; FIGs. 2-3 & 8.
However, Zhu doesn’t explicitly disclose an air inlet member located at the one end of the liquid storage portion and an air inlet channel defined on the air inlet member.
Chen ‘375 directed to an electronic atomization device and an atomizer (Abstract), discloses an aerosol-generating device comprising a housing (“a housing 10” [0034]). The housing 10 is provided with a second air inlet port 111 (i.e., air inlet member).
Chen '375 further discloses that the air inlet member allows outside air to enter the second air inlet channel 115 (i.e., air inlet channel), [0037].
Chen '375 further discloses a liquid storage portion (“an interior hollow structure of housing 10” [0034]; Fig. 7), and an atomization cavity (“atomization cavity 44” [0043]). The second air inlet channel 115 communicate with the atomization cavity 44 (see Fig. 7).
Chen '375 further illustrates that an air inlet member is located at the one end of the liquid storage portion, see Fig. 7 & 8; additionally discloses that an air inlet channel is defined on the air inlet member (“air enters the second air inlet channel 115 directly from the second air inlet port 111” [0040]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhu by providing an air inlet member located at the one end of the liquid storage portion and an air inlet channel defined on the air inlet member as taught by Chen '375, because both Zhu and Chen '375 are directed to electronic cigarette devices, Chen '375 teaches an airflow structure that demonstrates a direct communication of an airflow channel inlet and air inlet member and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 7, while Zhu discloses an air inlet channel routing towards the atomization cavity and then reaches to the user (FIG. 3; [0081]) and further discloses that an atomization cavity defined by the liquid storage portion [0089], Zhu is silent on an air inlet member defining the atomization cavity.
Chen '375 discloses that the atomization cavity 44 is jointly defined by the liquid storage portion and the air inlet member [0043], the atomization being bounded by the cylindrical body 41 of atomization seat 40 on the base 30 within interior structure of housing 10 [0042] – [0043]), i.e., jointly defined by the interior hollow structure of housing 10 (liquid storage portion) and the base/seat.
While Chen doesn’t explicitly disclose the inlet member (second air inlet port 111) defining the atomization cavity, Chen demonstrates additional air inlet channel 42 that defines the atomization cavity 44 through the atomization seat 40 and base 30 [0043]; Fig. 7, 9 & 10. This implies that a variation of inlet members can be incorporated with respect to their corresponding varied structure embodiments of an aerosol generating device.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Zhu’s atomization cavity to be defined by an air inlet member as taught by Chen '375, because both Zhu and Chen '375 are directed to electronic cigarette devices, Chen '375 teaches an embodiment an atomization cavity being defined by air inlet member and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 8, Zhu discloses air vents 97 on each of the first and second e-liquid media 14 to provide vaporized e-liquid to a user ([0037]; [0108]). One of the air vents 97 (i.e., a first air outlet hole) and the other one air vent 97(i.e., second air outlet hole) ([0037]; [0108]) are spaced apart on the air inlet channel (mounting base air vent 121); and both the first air outlet hole and the second air outlet hole are in communication with the atomization cavity [0108] - [0109]; (see FIG. 14, 18 & 20).
Regarding claim 9, Zhu discloses that the first air outlet hole is provided corresponding to the first heating member; and the second air outlet hole is provided corresponding to the second heating member, [0108]; (see FIG. 14, 18 & 20).
Regarding claim 10, Zhu discloses that the first air outlet hole is deviated or staggered from the first heating member in the width direction; and/or the second air outlet hole is deviated or staggered from the second heating member in the width direction [0108]; (see FIG. 14, 18 & 20). Furthermore, “each of the first and the second e-liquid media 14 defines an air vent 97 on the interior portion 98 to provide vaporized e-liquid to a user” [0122].
Regarding claim 11, Zhu discloses that the first air outlet hole and the second air outlet hole are higher than a bottom of the atomization cavity. Figures 14-16 & 18 illustrate the air vents 97 (i.e., first and second air outlet holes) defined on the interior portion of e-liquid media 14 which includes the heating members 13 ([0108]). Interior portion 98 faces inward toward the central vaporizing chamber (i.e., atomization cavity). Positioning blocks are positioned at the bottom, forming the lower boundary ([0109]). Air vents 97, located on the interior portions 98 above the positioning blocks, are therefore necessarily higher than the bottom of the atomization cavity.
Zhu further discloses the interior portion 98 of e-liquid medial 14 as the structural component that faces inward toward the atomization cavity and defines the air vent 97 (the first and second air outlet holes). It is clear that the interior portion 98 of e-liquid media 14, which face a define boundaries of the atomization cavity, constitute the structural component that can be characterized as the “air inlet member” (in the sense that Zhu formed the inlet boundaries of the vaporization chamber).
Furthermore, the interior portion 98 can be described as “a part that protrudes toward the atomization cavity” as shown in Zhu’s figures 14-16 & 18. The interior portion 98 necessarily extends toward (or faces) the atomization cavity to define its boundaries. Therefore, Zhu’s disclosed characterization of the air vents 97 and the interior portion 98 define “a part of the air inlet member protruding towards the atomization cavity and defining the air outlet holes”.
Regarding claim 12, Zhu discloses that the first air outlet hole and the second air outlet hole are higher than a bottom of the atomization cavity. Figures 14-16 illustrate the air vent 97 (i.e., first and second air outlet holes) defined on the interior portion of e-liquid media 14 which includes the heating members 13. Interior portion 98 faces inward toward the central vaporizing chamber (i.e., atomization cavity). Positioning blocks are positioned at the bottom, forming the lower boundary [0109]. Air vents 97, located on the interior portions 98 above the positioning blocks, are therefore necessarily higher than the bottom of the atomization cavity.
Zhu further discloses the interior portion 98 of e-liquid medial 14 as the structural component that faces inward toward the atomization cavity and defines the air vent 97 (the first and second air outlet holes). It is clear that the interior portion 98 of e-liquid media 14, which face a define boundaries of the atomization cavity, constitute the structural component that can be characterized as the “air inlet member” (in the sense that Zhu formed the inlet boundaries of the vaporization chamber).
Furthermore, the interior portion 98 can be described as “a part that protrudes toward the atomization cavity” as shown in Zhu’s figures 14-16 & 18. The interior portion 98 necessarily extends toward (or faces) the atomization cavity to define its boundaries. Therefore, Zhu’s disclosed characterization of the air vents 97 and the interior portion 98 define “a part of the air inlet member protruding towards the atomization cavity and defining the air outlet holes”.
Regarding claim 13, Zhu discloses that the first air outlet hole and the second air outlet hole are higher than a bottom of the atomization cavity. Figures 14-16 illustrate the air vent 97 (i.e., first and second air outlet holes) defined on the interior portion of e-liquid media 14 which includes the heating members 13. Interior portion 98 faces inward toward the central vaporizing chamber (i.e., atomization cavity). Positioning blocks are positioned at the bottom, forming the lower boundary [0109]. Air vents 97, located on the interior portions 98 above the positioning blocks, are therefore necessarily higher than the bottom of the atomization cavity.
Zhu further discloses the interior portion 98 of e-liquid medial 14 as the structural component that faces inward toward the atomization cavity and defines the air vent 97 (the first and second air outlet holes). It is clear that the interior portion 98 of e-liquid media 14, which face a define boundaries of the atomization cavity, constitute the structural component that can be characterized as the “air inlet member” (in the sense that Zhu formed the inlet boundaries of the vaporization chamber).
Furthermore, the interior portion 98 can be described as “a part that protrudes toward the atomization cavity” as shown in Zhu’s figures 14-16 & 18. The interior portion 98 necessarily extends toward (or faces) the atomization cavity to define its boundaries. Therefore, Zhu’s disclosed characterization of the air vents 97 and the interior portion 98 define “a part of the air inlet member protruding towards the atomization cavity and defining the air outlet holes”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELEN G GHEBRESELASSIE whose telephone number is (571)270-0196. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at 5712701241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HELEN GHEBRESELASSIE/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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