DETAILED ACTION
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.
Status of the Claims
Claims 1-5 and 8-12 are pending. Claims 1-2, 8-9, and 11 have been amended.
Response to Amendments
The Examiner acknowledges Applicant's response filed on 6/23/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, see page 7 of Remarks filed 6/23/2026, with respect to the rejection of claims 1 and 11 under 35 U.S.C. 103 have been fully considered and are persuasive. The Applicant has amended claims 1 and 11 to include limitations that were not previously presented and are not obvious over Liu and Utsumi. Therefore, the rejection has been withdrawn. However, upon further consideration, new grounds of rejection are made in view of newly found prior art Janfada in combination with previously presented prior art Liu and McGuire.
Claim Objections
Claims 1, 5, and 11 are objected to because of the following informalities:
In claim 1: “the ultrasonic vibrator” in line 6 should be “an ultrasonic vibrator”, and “an ultrasonic vibrator” in line 8 should be “the ultrasonic vibrator”;
In claim 5, “a battery” in line 1 should be “the battery”;
In claim 11, “the ultrasonic vibrator” in line 6 should be “an ultrasonic vibrator”, and “an ultrasonic vibrator” in line 8 should be “the ultrasonic vibrator”.
Appropriate correction is required.
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 1-5 and 8-12 are 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 1 and 11 each recite the limitation "the battery" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this Office action, “the battery” in each of claims 1 and 11 is interpreted as “a battery”.
Claims 2-5 and 8-10 are indefinite due to their dependence from claim 1. Claim 12 is indefinite due to its dependence from claim 11.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 5 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 5 states that a "battery is electrically connected to the first electrode and the second electrode which are deposited on the second surface of the ultrasonic vibrator", but claim 1 was amended to add that a "battery is electrically connected . . . to a portion of the first electrode and a portion of the second electrode" with the "first electrode extending from the first surface to the second surface" and the "second electrode arranged on the second surface". Therefore, as claim 5 depends from claim 1, claim 5 fails to further limit the subject matter of the claim upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-4, and 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (US 2019/0142063 A1) in view of McGuire (US 5,907,272) and Janfada et al. (US 2021/0401054 A1).
Regarding claim 1, Liu discloses an aerosol generating device (“electronic cigarette”, ¶ 0001) comprising:
a main body (main body of the “electronic cigarette”, ¶ 0001);
a cartridge (“atomizer”, Fig. 4, ¶ 0035) detachably coupled to the main body (screw threads at bottom of atomizer in Fig. 4 detachably couple to the main body of the electronic cigarette) and configured to contain an aerosol generating material (liquid in “liquid storage cavity 2”, Fig. 4, ¶ 0047), the cartridge comprising a fixing member (“mounting base 14”, Figs. 1-2 and 4, ¶ 0041) comprising a hollow extending in a longitudinal direction of the cartridge (Fig. 4), and an insertion portion recessed in a direction crossing the hollow, such that a portion of an ultrasonic vibrator (“ultrasonic atomization piece 1”, Fig. 3, ¶ 0043) is inserted into the insertion portion (Fig. 1); and
the ultrasonic vibrator arranged in the cartridge (Fig. 4) and having a first surface (“the other surface”, ¶ 0043), a second surface (“one surface”, ¶ 0043) opposite to the first surface (Fig. 3, ¶ 0043), and a side surface (“side edge”, ¶ 0043), the ultrasonic vibrator comprising a first electrode (“negative electrode conducting layer 12”, Fig. 3, ¶ 0043) arranged on the first surface (Fig. 3, ¶ 0043) and a second electrode (“positive electrode conducting layer 11”, Fig. 3, ¶ 0043) arranged on the second surface (Fig. 3, ¶ 0043), the ultrasonic vibrator configured to vibrate the aerosol generating material (“oscillating force”, ¶ 0042);
wherein in a side view of the cartridge, a length of the first electrode on the second surface is greater than a length of the insertion portion such that the first electrode on the second surface is exposed to the hollow when the portion of the ultrasonic vibrator is inserted into the insertion portion (“convex point areas 13” of “negative electrode conducting layer 12” extend out of the insertion portion of “mounting base 14” into the hollow in order to make electrical contact with “negative electrode ring 20”, Figs. 3-4, ¶ 0043, 0051). As such, in the device of the combination the length of the first electrode on the second surface will be greater than a length of the insertion portion such that the first electrode on the second surface is exposed to the hollow when the portion of the ultrasonic vibrator is inserted into the insertion portion.
Liu does not explicitly disclose wherein the first electrode extends from the first surface to the second surface.
McGuire, in the field of wraparound electrode structures, teaches that wraparound electrode structures may be formed to have a first surface (top surface in Fig. 9), a second surface (bottom surface in Fig. 9) opposite to the first surface, and a side surface (right side surface in Fig. 9), and comprising a first electrode (“first conductive layer 310”, Fig. 9, Col. 9, Line 54) arranged on the first surface and a second electrode (“second electrode 270”, Fig. 9, Col. 9, Lines 61-62) arranged on the second surface;
wherein the first electrode extends from the first surface to the second surface (see Fig. 9).
One of ordinary skill in the art would have understood that there was a benefit to such a configuration in that it allows the second electrode to span the entirety of the second surface, which increases the useable area within the component. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have used the wraparound electrode configuration taught by McGuire in the ultrasonic vibrator taught by Liu in order to obtain this benefit.
Although McGuire is in the field of wraparound electrode structures, it is reasonably pertinent to the particular problem with which Liu (and the current application) was concerned (i.e., providing a structure with two electrodes insulated from one another on the same surface). One of ordinary skill in the art would have looked to prior art concerning wraparound electrodes because Liu teaches using wraparound electrodes (see MPEP § 2141.01(a)(I)).
Liu further discloses wherein electrical contacts are electrically connected to the first electrode and the second electrode which are deposited on the second surface of the ultrasonic vibrator (Fig. 1, ¶ 0051). However, Liu does not explicitly state that these electrical contacts are for electrical connection to a battery via a pogo pin or a C-clip.
Janfada, in the same field of endeavor, teaches an aerosol generating device (“vaporizing device 100”, Fig. 1, ¶ 0019) in which a battery (“battery 155”, Fig. 1, ¶ 0025) is used to supply current (“electrical current supplied by battery 155”, ¶ 0025) by electrical connection by a pogo pin (“pogo pins”, ¶ 0029). One of ordinary skill in the art would have understood that there was a benefit to providing electrical connection to a battery in that the battery would provide an internal power source such that the device does not need to be connected to an external power source, such as an electrical outlet, during use. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have electrically connected the first and second electrodes of the ultrasonic vibrator which are exposed through the hollow taught by Liu to a battery by a pogo pin, as taught by Janfada, in order to achieve this benefit.
Regarding claim 2, Liu in view of McGuire and Janfada teaches the aerosol generating device of claim 1, as stated above. McGuire further discloses an insulator (“insulating layer 280”, Fig. 9, Col. 9, Line 49) extending from the side surface to the second surface and covering a portion of the second electrode arranged on the second surface (see Fig. 9), and
wherein the first electrode covers the insulator on the side surface and a portion of the insulator on the second surface (see Fig. 9).
Regarding claim 3, Liu in view of McGuire and Janfada teaches the aerosol generating device of claim 1, as stated above. Liu further discloses wherein the first electrode and the second electrode are electrically insulated from each other (see Liu Fig. 3).
Regarding claim 4, Liu in view of McGuire and Janfada teaches the aerosol generating device of claim 3, as stated above. Liu further discloses wherein the first electrode is apart from the second electrode on the second surface such that the first electrode is electrically insulated from the second electrode (see Liu Fig. 3).
Regarding claim 5, Liu in view of McGuire and Janfada teaches the aerosol generating device of claim 4, as stated above. As discussed in the rejection of claim 1 above, in the device of the combination the battery is electrically connected to the first electrode and the second electrode which are deposited on the second surface of the ultrasonic vibrator.
Regarding claim 8, Liu in view of McGuire and Janfada teaches the aerosol generating device of claim 1, as stated above. Liu further discloses wherein the fixing member is configured to fix the ultrasonic vibrator in the cartridge (Fig. 4).
Regarding claim 9, Liu in view of McGuire and Janfada teaches the aerosol generating device of claim 8, as stated above. Liu further discloses wherein the second electrode is electrically insulated from the first electrode (see Liu Fig. 3).
Regarding claim 10, Liu in view of McGuire and Janfada teaches the aerosol generating device of claim 8, as stated above. Liu further discloses wherein a diameter of the hollow is smaller than a diameter of the ultrasonic vibrator (Fig. 1).
Regarding claim 11, Liu discloses an aerosol generating device (“electronic cigarette”, ¶ 0001) comprising:
a main body (main body of the “electronic cigarette”, ¶ 0001);
a cartridge (“atomizer”, Fig. 4, ¶ 0035) detachably coupled to the main body (screw threads at bottom of atomizer in Fig. 4 detachably couple to the main body of the electronic cigarette) and configured to contain an aerosol generating material (liquid in “liquid storage cavity 2”, Fig. 4, ¶ 0047) the cartridge comprising a fixing member (“mounting base 14”, Figs. 1-2 and 4, ¶ 0041) comprising a hollow extending in a longitudinal direction of the cartridge (Fig. 4), and an insertion portion recessed in a direction crossing the hollow, such that a portion of an ultrasonic vibrator (“ultrasonic atomization piece 1”, Fig. 3, ¶ 0043) is inserted into the insertion portion (Fig. 1);
the ultrasonic vibrator arranged in the cartridge (Fig. 4) and configured to vibrate the aerosol generating material (“oscillating force”, ¶ 0042);
a first electrode (“negative electrode conducting layer 12”, Fig. 3, ¶ 0043) arranged on a first surface (“the other surface”, ¶ 0043) and a second surface (“one surface”, ¶ 0043) of the ultrasonic vibrator, the second surface being opposite to the first surface (“one surface of the piezoelectric ceramic main body 10 is in contact with a positive electrode conducting layer 11; and the other surface of the piezoelectric ceramic main body 10 is in contact with a negative electrode conducting layer 12, the negative electrode conducting layer 12 extends to the surface of the piezoelectric ceramic main body 10 on which the positive electrode conducting layer 11 is located along a side edge of the piezoelectric ceramic main body 10”, Fig. 3, ¶ 0043); and
a second electrode (“positive electrode conducting layer 11”, Fig. 3, ¶ 0043) arranged on the second surface of the ultrasonic vibrator (“one surface of the piezoelectric ceramic main body 10 is in contact with a positive electrode conducting layer 11”, Fig. 3, ¶ 0043).
wherein in a side view of the cartridge, a length of the first electrode on the second surface is greater than a length of the insertion portion such that the first electrode on the second surface is exposed to the hollow when the portion of the ultrasonic vibrator is inserted into the insertion portion (“convex point areas 13” of “negative electrode conducting layer 12” extend out of the insertion portion of “mounting base 14” into the hollow in order to make electrical contact with “negative electrode ring 20”, Figs. 3-4, ¶ 0043, 0051). As such, in the device of the combination the length of the first electrode on the second surface will be greater than a length of the insertion portion such that the first electrode on the second surface is exposed to the hollow when the portion of the ultrasonic vibrator is inserted into the insertion portion.
Liu does not explicitly disclose wherein the first electrode extends from the first surface to the second surface.
McGuire, in the field of wraparound electrode structures, teaches that wraparound electrode structures may be formed to have a first surface (top surface in Fig. 9), a second surface (bottom surface in Fig. 9) opposite to the first surface, and a side surface (right side surface in Fig. 9), and comprising a first electrode (“first conductive layer 310”, Fig. 9, Col. 9, Line 54) arranged on the first surface and a second electrode (“second electrode 270”, Fig. 9, Col. 9, Lines 61-62) arranged on the second surface;
wherein the first electrode extends from the first surface to the second surface (see Fig. 9).
One of ordinary skill in the art would have understood that there was a benefit to such a configuration in that it allows the second electrode to span the entirety of the second surface, which increases the useable area within the component. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have used the wraparound electrode configuration taught by McGuire in the ultrasonic vibrator taught by Liu in order to obtain this benefit.
Although McGuire is in the field of wraparound electrode structures, it is reasonably pertinent to the particular problem with which Liu (and the current application) was concerned (i.e., providing a structure with two electrodes insulated from one another on the same surface). One of ordinary skill in the art would have looked to prior art concerning wraparound electrodes because Liu teaches using wraparound electrodes (see MPEP § 2141.01(a)(I)).
Liu further discloses wherein electrical contacts are electrically connected to the first electrode and the second electrode which are deposited on the second surface of the ultrasonic vibrator (Fig. 1, ¶ 0051). However, Liu does not explicitly state that these electrical contacts are for electrical connection to a battery via a pogo pin or a C-clip.
Janfada, in the same field of endeavor, teaches an aerosol generating device (“vaporizing device 100”, Fig. 1, ¶ 0019) in which a battery (“battery 155”, Fig. 1, ¶ 0025) is used to supply current (“electrical current supplied by battery 155”, ¶ 0025) by electrical connection by a pogo pin (“pogo pins”, ¶ 0029). One of ordinary skill in the art would have understood that there was a benefit to providing electrical connection to a battery in that the battery would provide an internal power source such that the device does not need to be connected to an external power source, such as an electrical outlet, during use. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have electrically connected the first and second electrodes of the ultrasonic vibrator which are exposed through the hollow taught by Liu to a battery by a pogo pin, as taught by Janfada, in order to achieve this benefit.
Regarding claim 12, Liu in view of McGuire and Janfada teaches the aerosol generating device of claim 11, as stated above. Liu further discloses wherein the second electrode is apart from the first electrode on the second surface such that the first electrode is electrically insulated from the second electrode (see Liu Fig. 3).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY G CULBERT whose telephone number is (571)270-0874. The examiner can normally be reached Monday-Friday 9am-4pm.
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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 (571)270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.G.C./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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