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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10-28-2025 has been entered.
Response to Amendment
This office action is in response to the Applicants’ arguments/remarks filed 10-28-2025.
Claims 1 and 10 are currently amended.
Claims 1, 3-10, and 12-18 are currently examined.
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(s) 1, 4-10, and 13-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (CN 207011682U, submitted by applicant via IDS, English machine translation relied upon).
Regarding Claim 1, Yang teaches a heater, comprising:
a bracket (outer cylinder 110, see Yang Annotated FIG 1 part 1 below),
a heating chamber (120, see Yang annotated FIG 1 below) accommodating a cigarette (300, [0032]) is provided in the bracket (see Yang Annotated FIG 1 part 1 below);
the bracket having a generally hollow cylindrical structure extending in a longitudinal direction (see Yang annotated FIG 1 part 1 below, structure of bracket, e,g., the portion that includes the heating chamber is hollow), and
a partition wall extending radially from an inner side of the bracket and having an upper side and a lower side (e.g., the partition wall is the bottom portion of 113 that extends radially past groove 124 from the inner side of the bracket and has an upper side as claimed, e.g., the side facing the heating chamber; and the lower side which is the side facing the fixing seat, as annotated in Yang annotated FIG 1 part 2), wherein
the partition wall separates the heating chamber (top side of partition wall) from a fixing seat compartment (bottom side of partition wall) that is in the longitudinal direction opposite to the heating chamber and formed by the lower side of the partition wall and the inner side of the bracket (See annotated FIG 1, part 2 and also FIG 1 part 1) , wherein
Yang teaches a first through hole is provided in a center of the partition wall that extends through the upper and lower sides of the partition wall (e.g., the partition wall has a through hole in the center that accommodates the penetration thereof by portions of the heating part of the heating body [0039]. See also annotated FIG 1 part 2.:
a heating body (heating body 170, [0039]),
the heating body comprises a heating part (heating piece 171) and a fixing part (base 172), the heating part extends from an upper surface of the fixing part along the longitudinal direction of the bracket (see Yang Annotated FIG 1 part 1 below, the heating part extends from an upper surface of the lower fixing part, along the longitudinal direction of the bracket as shown in Yang FIG 1 part 1), and
wherein the fixing part has a lower surface that is along the longitudinal direction opposite to the upper surface, see fixing part pins 173, which have a lower surface that is along the longitudinal direction opposite to the upper surface (see FIG 1 part 1, and [0039]).
the heating part (heating piece 171) extends through the first through hole and is exposed in the heating chamber for being inserted into the cigarette to heat the cigarette (see Yang Annotated FIG 1 part 1 and part 2 below); and
a fixing seat (e.g., 133), wherein the fixing seat is connected to the bracket and arranged within the fixing seat compartment, wherein
the fixing seat contacts the lower side of the partition wall, and the fixing seat abuts against the fixing part so as to fix the heating body on the bracket (see Yang Annotated FIG 1 part 1 below), wherein
a second through hole is provided in the fixing seat and wherein the heating part extends through the second through hole which is aligned with the first through hole.
the fixing seat (see Yang Annotated FIG 1 part 1, and parts 130, 151, and 150, and [0042]) comprises a first fixing seat (130) and a second fixing seat (150),
the first fixing seat (130) comprises a first body (part 133) (see Yang Annotated FIG 1 part 1 below), and
a first cylinder (see Yang annotated FIG 1 part 1 below)
the second fixing seat comprises a second body and a second boss (part 150) (see Yang Annotated FIG 1 part 1) wherein
the second boss of the second fixing seat extends upward from an upper surface of the second fixing seat along the longitudinal direction of the bracket (e.g., the portion of the second fixing seat that extends upward and is configured to connect the buckling part 141 with the locking hook 133 is the second boss that extends upward from an upper surface of the second fixing seat along the longitudinal direction of the bracket, see annotated FIG 1 part 1 and [0042]).
the first cylinder extends from the first body in the longitudinal direction toward the second body (see Yang Annotated FIG 1 part 1, and [0035] the two cylindrical parts nest together, thus the first cylinder extends from the first body towards the second body, portions of the first cylinder extend in different directions including the longitudinal direction towards the second body), and
the second boss is received in the first cylinder Yang teaches the second boss is received in the first cylinder (as shown in Yang Annotated FIG 1 part 1 above, the first fixing seat form a cylinder and the second fixing seat also form a cylinder and the two cylinders nest together and are joined by the fixing part (lock hook 133), see also [0035], and [0039] – [0040]),
the fixing part (151) of the heating body is clamped between the first body (133) and the second boss (151) (see [0042] and Yang Annotated FIG 1 part 1 below, see also [0037], “the buckle portion that engages with the lock hook (this engagement with the lock hook is interpreted by the office as being clamped)”, [0042] and [0036], emphasis added)
of the fixing seat wherein
the first body (133) abuts against the upper surface of the fixing part (172) and the second boss (151) abuts against the lower surface of the fixing part (172), see Yang annotated FIG 1 part 1. Wherein
the second through hole is provided in the first body (see Yang annotated FIG 1 part 1 and part 2, the second through hole though which portions of the heating body are positioned is provided in the portion of the Yang that is interpreted to be the first body)
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Regarding Claim 4 and 13, Yang teaches all of the claim limitations as discussed above. Additionally, Yang does not explicitly recite the fixing point is flat, it appears to include a surface that is flat. Even if it is not, the change in form or shape, without any new or unexpected results, is an obvious engineering design, so although the fixing point surface appears to be flat in FIG 1, its surface shape is not explicitly described in Yang and so even if it is not flat, it would have been obvious to a person of ordinary skill in the art to design the fixing point with any shape including flat.
Yang teaches the plate surface of the fixing part is perpendicular to the longitudinal direction of the bracket. According to FIG 1 the fixing part extends perpendicular to the longitudinal direction of the bracket. This feature does not appear to be disclosed explicitly in the disclosure but is illustrated in FIG 1 and is taught by Yang.
Regarding Claim 5 and 14, Yang teaches all of the claim limitations as discussed above. Additionally, Yang teaches a partition wall (inside of bracket, see Yang Annotated FIG 1 above) is provided inside the bracket,
the first body is clamped between the partition wall and the second boss, at least one clamping groove (180, see Annotated FIG 1 part 1 and 2 above, and [0040]) is provided on the outer side of the bracket, the first body is positioned such that its clamped or connected between the partition wall and the second boss,
the second fixing seat further comprises a second body, and at least one clamping protrusion (part 132, see Annotated FIG 1, and [0040]) matched with the clamping groove is convexly provided on the outer side of the second body (see Annotated FIG 1).
Regarding Claim 6 and 15, Yang teaches all of the claim limitations as discussed above. Additionally, Yang teaches the second body is concavely provided with an annular receiving groove (see Yang Annotated FIG 1, the inside concave edge of second boss is the annular receiving groove),
the receiving groove surrounds the second boss (the inside surface of the second boss includes the annular receiving groove),
the first fixing seat further comprises a first cylinder extending from the first body toward the second body (see Yang Annotated FIG 1, and [0035] the two cylindrical parts nest together), and
the lower end of the first cylinder is received in the receiving groove (as shown in Yang Annotated FIG 1 above, the first fixing seat form a cylinder and the second fixing seat also form a cylinder and the two cylinders nest together and are joined by the fixing part (lock hook 133), see also [0035], and [0039] – [0040]).
Regarding Claim 7 and 16, Yang teaches all of the claim limitations as discussed above. Additionally, Yang teaches the second boss is received in the first cylinder (as shown in Yang Annotated FIG 1 above, the first fixing seat form a cylinder and the second fixing seat also form a cylinder and the two cylinders nest together and are joined by the fixing part (lock hook 133), see also [0035], and [0039] – [0040]),
a second guide column extending along the longitudinal direction of the bracket is convexly provided on the outer side of the second boss (See Yang annotated FIG 1, outer surface of cylinder formed by part 131, not differentiated from part 131 but would be obvious to a person of ordinary skill in the art,) and
a second guide groove matched (see Yang annotated FIG 1, inner cylindrical surface of part 171) with the second guide column is concavely provided on the inner side of the first cylinder (see Yang annotated FIG 1 above, the second guide groove is the guide groove that exists between the interface of 170 and 130, which is not explicitly described in Yang but is present in the FIG 1).
Regarding Claim 8 and 17, Yang teaches all of the claim limitations as discussed above. Additionally, Yang teaches an annular sealing groove is concavely provided on the end face of the first body abutting against the partition wall (see Yang annotated FIG 1 part 1, first body is next to or abutted against the partition wall) although not explicitly described in Yang, the surfaces interface appears to be flat and not curved or concave in FIG 1 part 1 (which is a two-dimensional drawing) but the change in form or shape, without any new or unexpected results, is an obvious engineering design, thus in would have been obvious for a person of ordinary skill in the art to select flat or concave or any other design as desired),
the heater further comprises a sealing ring (see Yang annotated FIG 1 part 1, top cover ring 113), and
the sealing ring is received in the sealing groove (see Yang annotated FIG 1 part 1, the top cover ring 113, [0031] and the sealing groove surface to which it rests against which is not explicitly recited in the disclosure of Yang but can be seen in Yang annotated FIG 1 part 1).
Regarding Claim 9 and 18, Yang teaches all of the claim limitations as discussed above. Additionally, Yang teaches a first limiting part and
a second limiting part which are ring-shaped are convexly provided on the outer side of the bracket (see [0042] and Yang annotated FIG 1), and
the heater further comprises a coil (pushing spring 140) positioned between the first limiting part and the second limiting part (see Yang Annotated FIG 1 part 1, the coil is shown in FIG 1 as being positioned between the two surfaces first limiting part and second limiting part).
Regarding Claim 10, Yang teaches all of the claim limitations as discussed above. Additionally, Yang teaches a low-temperature baking smoking set, comprising:
a housing ([0014], base body);
a heater (heating body 170), which is received in the housing;
a power supply unit, which is received in the housing ([0021], battery),
the power supply unit is mainly configured to supply electric energy to the heater for heating and baking the cigarette received in the heater ([0041], and see Yang annotated FIG 1 part 1 above);
the heater is the heater according to claim 1 (see rejection for claim 1 above).
a bracket (outer cylinder 110, see Yang Annotated FIG 1 part 1 above),
a heating chamber (120, see Yang annotated FIG 1 part 1) accommodating a cigarette (300, [0032]) is provided in the bracket (see Yang Annotated FIG 1);
a heating body (heating body 170, [0039]),
the heating body comprises a heating part (heating piece 171) and a fixing part (base 172), the heating part extends from an upper surface of the fixing part along the longitudinal direction of the bracket (see Yang Annotated FIG 1), and
the fixing part has a lower surface that is along the longitudinal direction opposite to the upper surface (see fixing part pins 173, which have a lower surface that is along the longitudinal direction opposite to the upper surface (see FIG 1, and [0039]) and
the heating part (heating piece 171)extends through the first through hole and is exposed in the heating chamber for being inserted into the cigarette to heat the cigarette (see Yang Annotated FIG 1 part 1 and heating piece 171 which is exposed in the heating chamber); and
a fixing seat (ejection part 130), wherein the fixing seat is connected to the bracket and arranged within the fixing seat compartment (e.g., the fixing seat compartment is the section of the device which contains the fixing seat), wherein
the fixing seat contacts the lower side of the partition wall (e.g., portions of 170 are in the fixing seat and contact portions of the lower side of the partition wall) and
the fixing seat abuts against the fixing part so as to fix the heating body on the bracket (see Yang Annotated FIG 1 part 1). Wherein
a second through hole is provided in the fixing seat and wherein the heating part extends through the second through hole which is aligned with the first through hole (e.g., the second through hole includes the portion of the fixing seat that accommodates the heating body and is the space taken up by the heating body in the fixing seat which heating part is aligned with the first through hole as claimed).
the fixing seat (see Yang Annotated FIG 1 part 1, bracketed combination of parts labeled fixing seat, labeled portions of 130, 151, and 150, and [0042]) comprises a first fixing seat (130) and a second fixing seat (150),
the first fixing seat (portion of 130) comprises a first body (part 133) (see Yang Annotated FIG 1 below), and
a first cylinder (see Yang annotated FIG 1 below)
the second fixing seat comprises a second body and a second boss (part 150) (see Yang Annotated FIG 1), although the fixing seat of Yang comprises a second body and a second boss that extends to the side from an upper surface of the second fixing seat along the latitudinal direction of the bracket, it would be obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify and rearrange the second boss to extend in any direction suitable to be configured to perform the function of the fixing seat including that of modifying Yang such that the second body and a second boss extends upward (instead of to the side) from an upper surface of the second fixing seat along the longitudinal direction of the bracket. Rearrangement of parts where both arrangements are known equivalents is a design choice that gives predicable results. See MPEP § 2144.04 VI C.
the first cylinder extends from the first body toward the second body (see Yang Annotated FIG 1, and [0035] the two cylindrical parts nest together, thus the first cylinder extends from the first body towards the second body), and
the second boss is received in the first cylinder Yang teaches the second boss extends in the first cylinder (as shown in Yang Annotated FIG 1 above, the first fixing seat form a cylinder and the second fixing seat also form a cylinder and the two cylinders nest together and are joined by the fixing part (lock hook 133), see also [0035], and [0039] – [0040]),
the fixing part (151) of the heating body is clamped between the first body (133) and the second boss (151) (see [0042] and Yang Annotated FIG 1 below, see also [0037], “the buckle portion that engages with the lock hook (this engagement with the lock hook is interpreted by the office as being clamped)”, [0042] and [0036], emphasis added)
of the fixing seat wherein
the first body (133) abuts against the upper surface of the fixing part (172) and the second boss (151) abuts against the lower surface of the fixing part (172), see Yang annotated FIG 1 part 1.
Claims 3 and 12 are rejected under 35 U.S.C. 103 as being obvious over Yang (CN 207011682U, submitted by applicant via IDS, English machine translation relied upon), as applied to claims 1 and 10 above, in view of Ding (CN106942792A) English translation relied upon.
Regarding Claim 3 and 12, Yang teaches all of the claim limitations as discussed above. Additionally, Yang teaches an accommodating groove (see and Yang Annotated FIG 1 above) is concavely provided from the surface where the second boss is attached to the fixing part toward the direction away from the fixing part,
However, Yang fails to explicitly disclose the heater further comprises a temperature sensor provided in the accommodating groove, and the temperature sensor is in contact with the fixing part for detecting the real-time temperature of the heating body.
Ding teaches the heater further comprises a temperature sensor (page 4 paragraph 4), and
the temperature sensor is in contact with the fixing part (page 2 paragraph 6, “heating element and a fixing support for the heating element”) for detecting the real-time temperature of the heating body. Ding does not explicitly disclose real time temperature but on page 4 paragraph 3 teaches that the temperature sensor is necessary to keep the temperature between 120 and 300 degrees. Therefore, it would be obvious for a person of ordinary skill in the art to use a sensor for detecting real time temperature in order to keep the temperature between 120 and 300 degrees. Ding also teaches that in his device, between 120 and 300 degrees the tobacco material is not directly burned and thus does not produce a flame which reduces the generation of harm to the human body or risk of fire.
Therefore, a person of ordinary skill in the art would have been motivated to modify the accommodating groove and heater of Yang with the temperature sensor of Ding in order to safely control the temperature of the heating element to keep the temperature low and to avoid directly burning the tobacco material and avoid producing a flame to avoid causing harm to the human body.
Response to Arguments
Applicant’s arguments, see Claims and Applicant Arguments/Remarks, filed 10/28/2025, with respect to the rejection(s) of claim(s) 1, 4-10, 12-18 under 35 USC 112 have been fully considered and are persuasive; therefore the 35 USC 112 rejection is withdrawn.
Applicant’s arguments, see Claims and Applicant Arguments/Remarks, filed 10/28/2025, with respect to the rejection(s) of claim(s) 1, 4-10, 12-18 under 35 USC 103 have been fully considered but are not found persuasive. The claim amendments have necessitated changes to the claim rejections as set forth above.
Applicant argues on page 10 of the arguments:
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Examiner respectfully disagrees. This is not found persuasive for the reasons set forth above in the rejection of claim 1. Specifically, Yang discloses a bracket with a partition wall as shown in Yang annotated FIG 1 part 2, which includes the bracket and the partition wall as claimed with the through hole which accommodates the heating part. Applicant argues that one of ordinary skill would not consider providing the bracket with a partition wall for the reasons set forth in the screenshot above. However, this is not found persuasive because Yang includes a partition wall which extends radially from an inner side of the bracket and a partition wall that separates the heating chamber from the fixing seat as set forth above in the rejection of claim 1.
Applicant argues on page 10 of the arguments:
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This is not found persuasive because the fixing seat is connected to the bracket and arranged within the fixing seat compartment and the fixing seat contacts (e.g., is adjacent to) the lower side of the partition wall as set forth in the claim rejection above.
Applicant argues on page 10 of the arguments:
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This is not found persuasive because the Yang teaches the first and second through holes which are aligned with each other as illustrated in Yang annotated FIG 1 part 2 above and further as explained in the claim rejection above.
The remaining claims are argued to be allowable based on the allowability of claim 1. This is not found persuasive for the reasons set forth above.
Conclusion
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/M.T.F./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747