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 .
Priority
The claim to priority as a 371 filing of PCT/CN2021/072246, filed on January 15, 2021, which claims benefit of CN 202010054549.4, filed on January 17, 2020 is acknowledged in the instant application.
Information Disclosure Statement
The Information Disclosure Statement filed on July 15, 2022 has been considered by the Examiner.
Drawings
1The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “positive electrode and negative electrode” (claims 5-6); and “the heat insulation element comprises at least one of a vacuum tube, an aerogel tube, an aerogel felt or a polyurethane foam” (claim 10) (A single figure can only show a single embodiment. 37CFR1.84(h)(5) Modified forms. Modified forms of construction must be shown in separate views) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “heating device 100” (Par. 77) as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because it is more than 150 words. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The specification is objected to because there is a disconnect between paragraphs 0025 and 0031. Specifically, paragraph 0025 indicates what is shown is an “existing infrared heating body”, which examiner would consider as disclosing prior art. However, paragraph 0031 indicates an existing infrared heating body would not include coating 115, which is shown in Figure 1. The addition of the coating creates a “multi-layer heating body”. Examiner suggests applicant amend paragraph 0025 to indicate Figure 1 discloses “a multi-layer heating body” instead of an “existing heating body”.
The specification is objected to because in paragraph 0031 it is indicated that member 1132 is not shown in the Figures even though the reference numeral points to a part in Figure 2. Therefore it is unclear what is meant by “not shown in Figures” and/or what 1132 is actually identifying in Figure 2.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-7 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 5-6 recites the limitation "the electrode connection portions" in line 2. There is insufficient antecedent basis for this limitation in the claim. (Note: Claim 4 only sets forth a single electrode connection portion. Therefore it is unclear if applicant is indicating only 1 need be present that can connect to both positive and negative terminals or that two actually need to be present).
Claim 7 recites “the base body is a rough surface” in line 2, "Rough" is subjective and there does not seem to be a definition in the specification.
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.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (CN 109846093) (cited by Applicant).
Regarding claim 1, Zhang et al. discloses a low-temperature baking smoking having a heating device (3), configured for heating an aerosol generating substrate product and volatilizing at least one component therein to form an aerosol, comprising a heating body (3), wherein the heating body comprises: a base body (31), which is provided with a chamber for receiving at least part of the aerosol generating substrate product (Par. 62, fuming material); an infrared electrothermal coating (32), which is formed on an outer surface of the base body (31) (Fig. 2) and is configured for receiving a power supply (via power supply unit 5) to generate heat and transferring the heat to the aerosol generating substrate product received in the chamber at least in an infrared radiation manner (Par. 58, “heating substrate 31 to heat the smoke-generating material located inside the heating substrate 31”), so as to volatilizing at least one component in the aerosol generating substrate product to form an aerosol which can be inhaled; an electrode coating (331, 332), which is coated on part of the outer surface of the infrared electrothermal coating (32) and configured to supply an electric power of the power supply (5) to the infrared electrothermal coating (32); an infrared radiation coating (Par. 58), which is coated on the heat-insulating inner tube (41), which at least partially cover the infrared electrothermal coating (32), the infrared radiation coating being capable of radiating infrared rays after a temperature rise (Fig. 1-3; Par. 53-62). (Note: The heat insulation 4 having an inner heat insulation tube 41 is coated with an infrared radiation/reflection coating, as the heat insulation 4 is sleeved outside the heating substrate which is coated with an infrared electrothermal coating 32. Therefore, the infrared radiation coating, which at least partially covers the infrared electrothermal coating 32).
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) 2-6 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 109846093) in view of Hsu et al. (US Pub. 2014/0314396) (new cited).
Regarding claims 2-3 and 11, Zhang et al. discloses substantially all features of the claimed invention as set forth above including the infrared radiation coating (Par. 58), and the infrared electrothermal coating (32) except the infrared radiation coating has a smaller square resistance and has a smaller thermal conductivity than the infrared electrothermal coating. Hsu et al. discloses the infrared radiation coating (300) has a smaller square resistance and has a smaller thermal conductivity than the infrared electrothermal coating (200) (Fig. 1 and 3; Par. 23-27 and 30; Hsu discloses the same materials that use for infrared radiation coating and infrared electrothermal coating). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Zhang et al., the infrared radiation coating has a smaller square resistance and has a smaller thermal conductivity than the infrared electrothermal coating, as taught by Hsu et al., for the purpose of radiating infrared radiation more efficient so as to consuming less electrical power to save energy
Regarding claim 4, Zhang et al. discloses the electrode coating comprising an electrode portion and an electrode connection portion (331/332 or 341/342), and the infrared radiation coating (32) does not cover the electrode connection portion (Fig. 2, 5 and 7-8; Par. 53, 56-57 and 64).
Regarding claims 5-6, Zhang et al. discloses the base body (31) is of a hollow tubular structure (Par. 54), the chamber is formed inside the base body, and the electrode connection portions configured for connecting to a positive electrode and a negative electrode (331/332 or 341/342) of the power supply (Power supply 5) are disposed near end parts of two ends of the base body respectively (Fig. 1-2, 5 and 7-8).
Claim(s) 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 109846093) in view of Qian et al. (CN 102329086) (new cited).
Regarding claims 7-8, Zhang et al. discloses substantially all features of the claimed invention as set forth above including the base body (31) is a hollow tubular structure having the chamber (Par.54) (Fig. 2) except an outer surface of the chamber of the base body is a rough surface. Qian et al. discloses a method for manufacturing a thin film having high infrared radiation; for a radiation layer, reprocessing is performed on the basis of an absorbing layer, and a high infrared radiation material is sputtered, so that the absorbing layer has a rough surface, and the functions thereof are to further absorb projected light, improve the visible light absorption performance, and achieve the characteristics of high infrared radiation (Fig. 1; Abstract; Par. 3, 5, 7, 13-14, 22 and 25-26). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Zhang et al., an outer surface of the chamber of the base body is a rough surface, as taught by Qian et al., for the purpose of improving visible light absorbing performance, and has the characteristic of high infrared radiation.
Regarding claims 9 and 10, Zhang et al. discloses a heating insulation element (4), wherein the heat insulation element (4) is disposed at the circumferential periphery of the heating body (31) to prevent dissipation of at least partially heat towards the periphery of the heating body (31); and wherein the heat insulation element comprises an aerogel (Fig. 1, 3 and 5; Par. 58).
Claim(s) 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 109846093) in view of Hsu et al. (US Pub. 2014/0314396) and further view of Qian et al. (CN 102329086).
Regarding claims 12-16, Zhan/Hsu disclose substantially all features of the claimed invention as set forth above including from Zhang, the base body (31) is a hollow tubular structure having the chamber (Par.54) (Fig. 2) except an outer surface of the chamber of the base body is a rough surface. Qian et al. discloses a method for manufacturing a thin film having high infrared radiation; for a radiation layer, reprocessing is performed on the basis of an absorbing layer, and a high infrared radiation material is sputtered, so that the absorbing layer has a rough surface, and the functions thereof are to further absorb projected light, improve the visible light absorption performance, and achieve the characteristics of high infrared radiation (Fig. 1; Abstract; Par. 3, 5, 7, 13-14, 22 and 25-26). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Zhang/Hsu, an outer surface of the chamber of the base body is a rough surface, as taught by Qian et al., for the purpose of improving visible light absorbing performance, and has the characteristic of high infrared radiation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNG D NGUYEN whose telephone number is (571)270-7828. The examiner can normally be reached Mon-Fri 9AM - 9PM.
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/HUNG D NGUYEN/Primary Examiner, Art Unit 3761
HUNG D. NGUYEN
Primary Examiner
Art Unit 3761