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
This office action is in response to Applicant’s amendment filed on 20 January 2026:
Claims 1, 3, 5 and 7-15 are pending
Claims 2, 4 and 6 are cancelled
Claims 16-18 are new
Response to Arguments
Applicant’s arguments with respect to claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 5 and 7-18 are rejected under 35 U.S.C. 103 as being unpatentable over Cui et al (Publication No. US20230100970A1) in view of Courbat et al (Publication No. US20200107579A1) and Kuchimachi (Publication No. US20180332669A1).
Regarding Claim 1, Cui teaches a heating body (Heating apparatus 1) comprising:
a first heat conduction substrate (Figs. 1-7; [0042-0045]; First casing plate 111; discloses that heat is conducted from the heating element to the casing which is considered equivalent to a heat conduction substrate);
second heat conduction substrate (Figs. 1-7; [0042-0045]; Second casing plate 111; discloses that heat is conducted from the heating element to the casing which is considered equivalent to a heat conduction substrate);
and heating element (Figs. 1-7; [0045]; Heating element 120);
wherein the first conduction substrate (111), heating element (120), and second conduction substrate (112) are sequentially stacked and fixedly connected (see Figs. 1-7; [0045]; the substrate and heating element are illustrated as separate components that are stacked and assembled together);
wherein surfaces of the first heat conduction substrate and the second heat conduction substrate that are arranged close to each other both comprise planes (see Figs. 1-7; [0047]; the substrates are shown to be planar-shaped and are disclosed to have flat planes parallel to the heating element);
wherein the heating element (120) comprises a first connection portion (Conductive portion 122a), a main heating portion (Heating portion 121), and a second connection portion (Conductive portion 122b) that are sequentially connected (see Figs. 1-7; [0047-0049, 0061]; discloses that similar components have the same element numbers; discloses that the heating portion is connected to connection portions 122 which can be a pair of pins as illustrated in Figure 7);
wherein the first connection portion (122a) and the second connection portion (122b) are electrically connectable to an external power supply (i.e., power source) such that the main heating portion (121) is electrically connectable to the external power supply to implement heating ([0061]);
wherein the main heating portion (121) comprises a plurality of transverse heating portions and a plurality of longitudinal heating portions (see Fig. 7; the main portion is shown to have a stepped pattern with longitudinal and transverse portions);
the plurality of transverse heating portions and the plurality of longitudinal heating portions being sequentially and alternately connected (see Fig. 7).
Cui does not explicitly teach the following:
an outer edge of the main heating portion being flushed with an outer edge of at least one of the first heat conduction substrate and/or the second heat conduction substrate such that the at least one of the first heat conduction substrate and/or the second heat conduction substrate has a same size in a width direction as the heating element;
an edge seal member disposed between the first heat conduction substrate and the second heat conduction substrate so as to define a groove portion;
and the heating element disposed in the groove portion
and wherein a depth of the groove portion is less than a thickness of the heating element.
Regarding (I), it should be noted that Cui states that the heating element (120) may be fully or partially disposed within the casing (10) formed from the plates 111 and 112 [0044-0046], wherein where there is no casing, the heating element may be manufactured to compensate for the lack of casing [0099].
In that regard, Courbat, directed to a heating assembly for an aerosol generating device, discloses a multilayer heating element (i.e., heating body) comprising heating layers (110.1/110.2) (i.e., heating element) and a support layer (110.3) (i.e., heat conducting substrate) with an identical outer shape, wherein the symmetric design compensates for tensile or compressive stress due to possible differences in the thermal expansion of the various layers (Courbat, Figs. 8-9; [0110, 0112]; figures illustrate the layers having similar dimensions in the width direction, also implying that the outer shape edges are flushed; the support layer is made of solid material such as stainless steel, which is considered equivalent to a heat conducting substrate).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to construct the heating element and heat conducting substrates disclosed by Cui, such that at least a portion of the heat conducting substrates has the same size in width as the heating element and thus have flushed outer edges as disclosed by Courbat, as both are directed to heating elements, where Courbat teaches the advantage of having symmetric design in the layers to compensate for tensile or compressive stress due to possible differences in the thermal expansion of the various layers [0110, 0112].
Regarding (II-III), it should be noted that Cui discloses that one or both of the first and second substrate (111/112) may include a holding cavity to hold the heating element, wherein the cavity is formed on the internal surface of the substrates (see Figs. 1-3; [0045]; the cavity is shown to be formed by an outer raised edge which forms an inner groove). However, it is stated that a unibody structure is not required for constructing the casing (10) that comprises substrates (111/112), and can incorporate more than two casing plates to construct the casing so long as the plates are integrated together [0055].
Therefore, based on Cui’s own disclosure, one ordinarily skilled in the art would recognize that the raised edge groove that forms the cavity illustrated in Figures 1-3 can be separated from the substrates to form a third plate. As such, the third plate would be equivalent to an edge seal since it forms a groove/cavity portion when stacked between and integrated with the first (111) and second (112) substrate, wherein the heating element (120) is inserted into the groove cavity (see Figs. 1-7); the Courts have also held that making known elements separable is within the skill of a person of ordinary skill in the art (see MPEP § 2144.04.V.C).
It is noted that the edge seal is considered as an additional plate that comprise the overall casing (10) and therefore would also be adjustable to fully or partially expose the heating element [0044-0046]. Thus, one ordinarily skilled in the art would be capable of adjusting all three plates (i.e., first/second substrate and edge seal plates) such that a portion of the heating element (120) will be retained inside of a groove cavity and another portion is left exposed such that the first and second substrate plates are flushed with the exposed heating element portion (see annotated Fig. 3; proposed modification).
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Regarding (IV), it should be noted that the change in form or shape, without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04.IV.B).
For example, Kuchimachi, directed to a heater (100) (i.e., heating body), discloses a heater structure comprising a first ceramic substrate (1), second ceramic substrate (2), and heating generating resistor (3) (i.e., heating element) between said ceramic substrate layers (Fig. 1; [0015-0016]). The substrate layers may comprise a groove section (21), wherein the depth of said groove section (21) can be less than the thickness of the heating element (3) such that said heating element’s extra thickness reduces its breakage potential while also positioning it partially outside of the groove (see Fig. 7; [0031]).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to change the size and thickness of the heating element disclosed by Modified Cui to be larger than the depth of the groove portion as disclosed by Kuchimachi as both are directed to a heating body, where Kuchimachi teaches the advantage of increasing the heating element’s thickness to lower its potential to break.
Regarding Claim 3, Cui further discloses the first heat conduction substrate (122a), the second heat conduction substrate (122b), and the heating element (120) all comprising planar sheet structures (see Figs. 1-7; [0047]; the heating element and substrates are illustrated to be planar).
Regarding Claim 5, Modified Cui further discloses the main heating portion comprising of a first, second, and third heating sub-portion (see annotated Cui, Fig. 9 below; Fig. 9 is considered equivalent to other embodiments shown in Figs. 1-7);
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wherein the third sub-heating portion is disposed between the first sub-heating portion and the second sub-heating portion (see annotated Fig. 9 above);
and wherein other ends of the first sub-heating portion and the second sub-heating portion are connected or separated from each other, respectively (see annotated Fig. 9 above).
Regarding Claim 7, Modified Cui further discloses the edges of the first and second heating conduction substrates (111, 112) are flush (see Claim 1 rejection; Cui was modified by Courbat so that a portion of the heating element and substrates have similar dimensions, which implies that the edges of the substrates would be flushed).
Modified Cui does not explicitly teach the outer edges of the edge seal member being flush with the first heat conduction substrate (111), and the second heat conduction substrate (112).
However, it should be noted that Modified Cui’s edge seal member (i.e., third plate), is formed from the raised groove portions of the substrates (see Claim 1 rejection for modification), which is shown to have dimensions matching the outer edges of the first and second substrates (111, 112) (see Figs. 1-3; the overall size and dimensions are illustrated to be similar). Therefore, one ordinarily skilled in the art would recognize that the edge seal member (i.e., third plate) formed from the raised groove portion would be flushed with the first (111) and second (112) substrate when assembled together (see Figs. 1-2, 6).
Regarding Claim 8, Modified Cui further discloses the outer edges of the edge seal member (i.e., third plate), the first heat conduction substrate (111), and the second heat conduction substrate (112) are flush and form an accommodating space (i.e., cavity), and wherein the main heating portion is accommodated in the accommodating space (see annotated Fig. 3 below; see Claim 1 rejection for modifying Cui with Courbat to have a portion of the heating element exposed and have similar symmetry to the substrate, and also for the edge seal modification for the non-exposed portions of the heating element to form the accommodating space).
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Regarding Claim 9, Modified Cui further discloses the edge seal member (i.e., third plate) comprises at least one of a metal sheet layer or ceramic sheet layer (see Claim 1 rejection; [0042, 0056]; edge seal member is a separate plate similar to the first and second substrate plates; discloses that the plates are made from metal and ceramic).
Regarding Claim 10, Cui further discloses the heating element (120) comprising a first connection portion (122a), a main heating portion (121), and a second connection portion (122b) that are sequentially connected (Fig. 7; [0061);
wherein the first connection portion (122a) and the second connection portion (122b) are electrically connectable to an external power supply (i.e., power source) such that the main heating portion (121) is electrically connectable to the external power supply to implement heating ([0060-0061]; power source is attached to the heating device).
and wherein one of opposite surfaces of the first heat conduction substrate (111) comprises a groove configured to accommodate the main heating portion (121) (see annotated Fig. 3 below; see Claim 1 rejection for modification of the plates to construct a third sealing member plate; the sealing plate can be adjusted such that parts of the heating element are covered by the plate while part is not as shown in the annotated figure).
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Regarding Claim 11, Cui further discloses the edges of the first (111) and second (112) heating conduction substrates are flush (see annotated Fig. 3 below; see Claim 1 rejection for adjusting the sealing plate and substrates such that a portion of the heating element is exposed and flush with the heating element; this also implies the first and second substrates are flush with each other due to having similar dimensions).
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Regarding Claim 12, Cui further discloses each of the first heat conduction substrate (111) and the second heat conduction substrate (112) comprises a mounting portion (Hole section 108/109) (Fig. 7; [0062]; the plate substrate has holes in a portion for fixing the components together which is considered equivalent to a mounting portion);
and an insertion portion (i.e., blade-like structure) (see Figs. 1-7; the substrate portions matching the main heating portion 121 is considered equivalent to the insertion portion);
a width of the insertion portion being less than a width of the mounting portion (see Figs. 1-7; the base of the substrates are shown to have a slightly wider dimension than the mounting portion; in other similar embodiments, the tip is more triangular which is distinctly smaller in width than the mounting portion);
wherein insertion portions on the first heat conduction substrate (111) and the second heat conduction substrate (112) together comprise an insert-connection portion of the heating body (see Fig. 6);
and wherein the insert-connection portion is at least partially insertable into a to-be-heated element to heat the to-be-heated element (Fig. 6; [0060]).
Regarding Claim 13, Cui further teaches a side of the mounting portion of the second heat conduction substrate (112) away from the insertion portion comprises an opening (Hole 129) such that at least partial regions of the first connection portion (112a) and the second connection portion (112b) are exposed from the opening (Figs. 8A-B; [0066]; the dimensions of the substrates can be adjusted to expose parts of the heating element for electrical connection; implies that the exposed spacing/opening will expose the connection portions).
Regarding Claim 14, Modified Cui further discloses a surface of the first heat conduction substrate (111) opposite the second heat conduction substrate (112) comprises a groove, and wherein the groove is configured to accommodate the heating element (120) (see annotated Fig. 3 below; see Claim 1 rejection for modification for the sealing member; the sealing member plate forms a groove on top of the first substrate’s inner surface which creates a cavity that accommodates the heating element).
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Regarding Claim 15, Modified Cui teaches an electronic vaporization device ([0006]; heating device), comprising:
the heating body claimed in Claim 1;
a vaporization/aerosol generating device body ([0006]; heating device);
and a power supply ([0041]; [0047]) disposed in the vaporization device body;
wherein the heating body ([0084]) is mounted on the vaporization device body:
wherein the power supply is electrically connected to the heating body so as to provide power to the heating body [0009-0011];
and wherein the heating body is configured to heat and vaporize a to-be-heated element/smoking article upon insertion (see Fig. 4; [0041, 0043]; the end 113 of the heating element receives tobacco product which implies insertion).
Regarding Claim 16, Modified Cui further discloses the edge seal member (i.e., third plate) has a first surface and a second surface opposite the first surface (see annotated Fig. 3 below; see Claim 1 rejection for modifying the raised portions of the substrates into a third sealing plate; the first surface is considered the surface facing the first substrate and vice versa).
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wherein the edge seal member (i.e., third plate) is planar such that the first surface and the second surface are each entirely flat (see annotated Fig. 3 above; surfaces are flat);
and wherein an entirety of the first surface of the edge seal member (i.e., third plate)is configured to abut against a flat inner surface of the first heat conduction substrate (111) (see annotated Fig. 3 above; the substrates and third sealing plate are shown to have similar outer dimensions which implies the surfaces of the third plate are entirely abutting the inner surface of the first substrate similar to how they would if they were integrated);
and an entirety of the second surface of the edge seal member is configured to abut against a flat inner surface of the second heat conduction substrate (112) (see annotated Fig. 3 above; the substrates and third sealing plate are shown to have similar outer dimensions which implies the surfaces of the third plate are entirely abutting the inner surface of the second substrate similar to how they would if they were integrated).
Regarding Claim 17, Modified Cui further discloses the groove portion has a laterally contiguous width that is at least as large as a maximum overall lateral width of the heating element (120) (see annotated Fig. 3 below; the groove portion defined by the third plate accommodates the lateral width of the heating element, implying that its overall width is equal to or greater than that of the heating element).
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Regarding Claim 18, Modified Cui further discloses the groove portion comprises, at any given position along its length, a contiguous lateral width that is at least as large as an overall lateral width of the heating element at the given position (see Claim 1 rejection for full modification to have a partially exposed heating element; see annotated Fig. 3 below; where the groove is defined by the third plate on the left side of the dashed line, the overall lateral width is shown to be equal to or greater than the heating element; pass the dashed line to the right is the modification wherein there is no third plating to form the flushed substrate and heating element portion).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vu P Pham whose telephone number is (703)756-4515. The examiner can normally be reached M-Th (7:30AM-4:00PM EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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