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
The Request for Continued Examination filed March 16, 2026 has been entered.
The arguments presented November 10, 2025 are fully considered herein.
Claims 1-10 are currently pending.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-10 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.
Claim(s) 1-6 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jianguo (CN108514156A, machine translation cited herein) in view of Shuaipeng (CN211150732U, machine translation cited herein).
As to claims 1-2, Jianguo teaches a battery (battery assembly) of a smoking device (electronic vaporization device) (par. [0017]), comprising a housing 2, a battery core/cell 3 located in the housing 2 (see fig. 1), a heat sink 8 (heat dissipating element) located in the housing 2 (see fig. 1) and physically connected to the battery core/cell 3 and the control board 4 through a thermal
paste 10 (par. [0009]), wherein the heat generated by the battery core/cell 3 is transferred to the heat sink 8 through the thermal paste 10 fixed on the heat sink 8, and then transferred to a cigarette cup 6 through a sensor airflow channel (par. [0015]),
Jianguo fails to disclose a battery core body, and an electrode tab disposed on the battery core body and the heat dissipating element comprising a heat dissipating body fitted to a surface of the electrode tab.
Shuaipeng teaches an electronic device (electronic vaporization device) equipped with the battery assembly 100 (par. [0009]). The battery assembly 100 includes a heat conductive member 2 (heat dissipating element) attached to a portion of the surface of the battery 1 (disposed on the battery core) (par. [0040]). The battery 1 may include a battery cell 11 and a battery protection board 12 connected to the end of the battery cell 11 (battery core/cell body), in which the battery protection board 12 may be connected to the tab (electrode tab disposed on the battery core/cell body) of the battery cell 11 to protect the battery cell 11 from overcharge or over discharge (par. [0042]). The heat conductive member 2 may also be in contact with a metal shell 201 (housing) of an electronic device 200 equipped with the battery assembly 100, so that the heat generated by the battery 1 may be conducted to the metal shell 201 through the heat conductive member 2 (par. [0040]). The contact between the heat conductive member 2 (heat dissipating element), the metal shell 201 (housing), and the battery 1 is equivalent to a first side of the heat dissipating element is in contact with the battery core, and a second side of the heat dissipating element is in contact with the housing. Shuaipeng also discloses that the heat conductive member 2 may be attached to the surface of the battery 1 close to the battery protection plate 12 to increase the heat dissipation efficiency of the battery protection plate 12 (par. [0042]). The battery protection plate/board 12 is connected to the electrode tab. Shuaipeng disclosing that the heat conductive member 2 may be attached to the surface of the battery 1 close to the battery protection plate 12. Therefore, the heat conductive member 2 may be attached to electrode tab as it is in close proximity to the battery 1 and the battery protection plate/board 12.
It would have been obvious to one of ordinary skill in the art before the effective filling date to add the electrode tab between the heat dissipating element and the battery cell/core as taught in Shuaipeng’s invention to Jianguo’s smoking device to protect the battery cell 11 from overcharge or over discharge (par. [0042]).
As to claim 3, modified Jianguo teaches a heat sink 8 fitted to the surface of an electrode tab on the end of a battery core/cell 3 as taught by Shuaipeng previously. Jianguo fails to disclose an adhesive layer disposed between the heat dissipating element and the battery core.
Shuaipeng teaches that the heat conducting member 2 (heat dissipating element) may be connected to the surface of the battery 1 (battery core) through an adhesive layer (not shown), for example, the heat conducting member 2 (heat dissipating element) may be bonded after glue is applied to the surface of the battery 1 (battery core) (par. [0040]) to bond the battery and the heat conducting member.
It would have been obvious to one of ordinary skill in the art before the effective filling date to add the adhesive layer of Shuaipeng’s invention to Jianguo’s battery core/cell 3 and heat sink 8 to achieve heat dissipation (par. [0043]).
As to claim 4, modified Jianguo teaches an adhesive layer between the heat conductive member 2 and the surface of the battery 1.
Shuaipeng teaches that the heat conductive member 2 is attached to a portion of the surface of the battery 1. As shown in fig. 1 and 2, the heat conducting member 2 covers a large portion of the battery 1 and can be distinguished as 80% or more of an area of the surface of the battery 1.
It would have been obvious to one of ordinary skill in the art before the effective filling date to cover 80% or more of the battery with the heat dissipating element within Jianguo’s smoking device to achieve heat dissipation (par. [0043]) as taught by Shuaipeng.
As to claim 5, modified Jianguo teaches that the heat conductive member 2 may also be in contact with a metal shell 201 (housing) of an electronic device 200 equipped with the battery assembly 100, so that the heat generated by the battery 1 may be conducted to the metal shell 201 through the heat conductive member 2 (par. [0040]). The contact between the heat conductive member 2 (heat dissipating element), the metal shell 201 (housing), and the battery 1 is equivalent to a first side of the heat dissipating element is in contact with the battery core, and a second side of the heat dissipating element is in contact with the housing as taught by Shuaipeng.
As evident in fig. 2, Shuaipeng further showcases the heat conductive member 2 sandwiched between the battery 1 and the metal shell 201 (housing).
As to claim 6, modified Jianguo now discloses that discloses that the heat conductive member 2 may be attached to the surface of the battery 1 close to the battery protection plate 12 to increase the heat dissipation efficiency of the battery protection plate 12 (par. [0042]). The battery protection plate/board 12 is connected to the electrode tab. Disclosing that the heat conductive member 2 may be attached to the surface of the battery 1 close to the battery protection plate 12. Therefore, the heat conductive member 2 may be attached to electrode tab as it is in close proximity to the battery 1 and the battery protection plate/board 12 as taught by Shuaipeng.
Shuaipeng further discloses in fig. 2 that the heat conductor 2 may be in contact with one or more structures in the metal middle frame such as the metal casing 201 (housing) (par. [0041]). Therefore the structure taught by Shuaipeng contains a heat conductor 2 (heat dissipating body) that may be in contact/attached to the electrode tab and the heat conductor 2 (heat dissipating body) in contact with the metal casing 201 (housing).
It would have been obvious to one of ordinary skill in the art before the effective filling date to add the structural setup of the heat conductor 2 (heat dissipating body) of Shuaipeng’s invention to Jianguo’s assembly to guide the heat generated by the battery to the metal shell for heat dissipation (par. [0009]).
As to claim 9, modified Jianguo teaches a smoking article with an energy recovery device, comprising: a heat sink with a hollow tubular structure with one end closed and the other end provided with an air inlet. An air outlet provided on the side wall of the heat sink (par. [0028] – [0029]). Jianguo's discloses a bracket with a battery core disposed in addition to a through hole exposing opposite ends of the battery core (shown in figure 1). The use of the air outlet (through hole) in connection with the vent allows airflow conduction, and together constitutes a sensor airflow channel (par. [0011]).
As to claim 10, modified Jianguo teaches a smoking device (electronic vaporization device) with a battery core 3 (fig. 1). Jianguo further discloses an atomizer 9 (vaporizer) and a battery cell 3. The battery cell 3 provides electric power to the heating element and the atomizer (par. [0014]). The atomizer is employed to generate smoke (par. [0017]).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jianguo (CN108514156A) and Shuaipeng (CN211150732U) as applied to claim 1 above, and further in view of Daubitzer (US20130309545).
As to claims 7-8, modified Jianguo teaches the heat sink 8 (heat dissipating element) as hollow tubular structure with one end closed and the other end provided with an air inlet 801 (par. [0009]). Jianguo fails to disclose wherein a material of the heat dissipating element comprises a compressed graphite foam sheet.
Shuaipeng teaches that the thermal conductive part 2 (heat dissipating element) may include foam 21 and a thermal conductive film 22 (par. [0045]). Shuaipeng further discloses that the heat conducting member 2 may include any one or more of a graphite sheet, a graphene film, a metal foil and a polymer heat conducting film (par. [0046]). It would have been obvious to one of ordinary skill in the art to employ a graphite foam for the thermal conductive part 2 (heat dissipating element) to be compatible with the graphite sheet or graphene film.
Daubitzer teaches a cooling surface for absorbing or dissipating thermal energy, and the battery having at least one contact surface for the cooling surface of the cooler to rest on (par. [0018]). Daubitzer discloses that the interface material of the contact surface (heat dissipating element) may comprise compressible graphite films, PUR foam in cans; expanding graphite foam, and etc. (par. [0080]). The interface material employed enlarges the effectively heat-conducting contact surface or reduces the trapping of air (par. [0077]).
It would have been obvious to one of ordinary skill in the art before the effective filling date to use the same interface material from Daubitzer's invention to Shuaipeng’s/ Jianguo’s heat dissipating element to ensure effective heat conducting from this layer (par. [0077]).
Response to Arguments
Applicant's arguments filed November 10, 2025 have been fully considered but they are not persuasive. As outlined in the Final rejection of September 17, 2025, it is the position of the Office that it would have been obvious to add the electrode tab between the heat dissipating element and the battery cell/core as taught in Shuaipen's invention to Jianguo's device to protect the battery cell from overcharge or discharge. In doing so the head dissipating element would be "fitted" as claimed. Applicant only provides an exemplied embodiment of the present application to show what “fitted” encompasses, specifically Figure 4, however there is no explicit definition in the original specification limiting “fitted” to be defined as to be in contact with. For this reason “fitted” has been broadly interpreted.
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.
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BARBARA L GILLIAM
Supervisory Patent Examiner
Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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