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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/07/2026 has been entered.
Status of the Claims
This office action is in response to Applicant’s amendment filed on 03/07/2026.
Claims 1, 5-6, 8-11, 14-16, 18-19 and 21-28 are pending and are subject to this Office Action.
Claims 1, 14, 19 and 21-23 are amended.
Claims 27-28 are newly added.
Claims 2-4, 7, 12-13, 17 and 20 are cancelled.
Response to Arguments
Applicant's arguments, see pages 10-13, filed on 03/07/2026, with respect to the rejection of claim 1 have been fully considered but they are not persuasive. Claim 1 has been amended to recite the subject matter of previously presented claim 17. However, upon further consideration, the Examiner maintains that claim 1 is unpatentable over the prior art as previously applied to claims 1 and 17.
On pages 11-12 the Applicant argues (A) that prior art of record Qiu does not appropriately disclose a first cover body whose bottom surface concaves upward to form the accommodating cavity. Specifically, the Applicant argues that the limitation to “a bottom surface of the first cover body concaves upward to form the accommodating cavity” describes a bottom surface of the first housing that curves inwards, whereas Qiu depicts a structure with straight vertical walls forming a “stepped cylindrical structure”.
The Examiner disagrees.
“Concaves” is a verb used to describe the action of creating an inward curve. The first body of Qiu is depicted as concaving upward and inward toward the center of the upper cap (see Annotated Fig. 1). While this curve may occur as a series of steps, the shape formed is still be considered to be concave, as one having ordinary skill in the art would recognize that not all concave surfaces must be perfectly smooth.
Furthermore, the Examiner notes Figs. 7-8 of the instant application depict a concave upward arrangement of the first body 271 that is similar to Qiu both in concavity and in its stepped wall arrangement. The Examiner notes that the instant specification does not provide evidence to require a different concavity to that presented by Qiu or to require a smooth curve.
Thus, the Examiner maintains that Qiu adequately represents a bottom surface of the first cover body concaving upward.
The Applicant further argues that Qiu does not appropriately teach that “the vaporization cavity is formed using both the first cover body and the second cover body”, as the horizontal ledge depicted by Qiu does not participate in defining the vaporization cavity, and thus both first and second cover bodies do not define the vaporization cavity.
The Examiner disagrees.
Qiu Fig. 7 depicts that the horizontal edge defines part of the bottom portion of the vaporization chamber. This ledge functions to delineate the start of the vaporization chamber from the end of the accommodating cavity formed by the first cover body. The upper portion of the horizontal edge therefore defines the bottom edge of the vaporization cavity.
The Examiner further notes that the specification of the instant application does not appear to clarify structurally how the first and second cover bodies both form the vaporization cavity.
The Applicant further argues that change-in-shape rationale is not applicable to the modification, as a concave-upward bottom surface is a structural feature of the device. The Applicant argues that a change in shape that would alter the structure would not yield “no new or unexpected results”.
The Examiner notes that change-in-shape rationale is not applied to the concavity of the first or second cover bodies, and thus would not alter the structure of the prior art device.
On page 13, the Applicant argues (B) that the remaining cited references do not sure the deficiencies of Qiu.
The Examiner maintains that Qiu appropriately teaches the concave-upward geometry required by claim 1. Thus, the remaining prior art is not relied upon to teach this limitation.
Therefore, the rejection is maintained.
Applicant's arguments, see pages 13-14, filed on 03/07/2026, with respect to the rejection of claim 14 have been fully considered but they are not persuasive. Claim 14 has been amended to recite “a convergence groove communicating the heating cavity with the convergence hole is further formed between the base and the heating cover.” However, the prior art of record still teaches the claimed invention.
On pages 13-14 the Applicant argues that the configuration of the heating cavity and the convergence hole of Qiu is different from that of the claimed invention. Specifically, the Applicant points to the lack of a singular central convergence hole and the lack of a convergence groove communicating the heating cavity with the convergence hole as differentiating the Qiu from the claimed invention.
The Examiner disagrees. The convergence hole(s) 2142, 2242 of Qiu are depicted to be the outlet(s) for the heating cavity 214, 224, which surround the lower portion of the convergence hole. Qiu Figs. 2-3 and 7 depict that a convergence groove is formed by the upper protruding edges of the heating cover 21, 22 such that it surrounds the convergence hole 2142, 2242. This convergence groove would communicate the heating cavity 214, 224 with the convergence hole(s) by aiding in the direction of airflow through the convergence hole, as seen in Fig. 3, in which a protruding second side plate 213 is depicted to create a groove to direct airflow through the convergence hole 2142.
The Examiner further notes that the claims do not explicitly require “an annular heating cavity that wraps around a central convergence hole” as described in Applicant’s arguments. All claimed features are taught by the prior art and thus the rejection is appropriate.
Therefore, the rejection is maintained.
Applicant's arguments, see page 14, filed on 03/07/2026, with respect to the rejection of claims 22 and 23 have been fully considered but they are not persuasive.
On page 14, the Applicant argues (D) that independent claims 22 and 23, amended to recite the same subject matter as newly included in Claim 1, are not appropriately taught by the prior art of record.
Upon further consideration, and in view of the maintained rejection of claim 1, the Examiner maintains that claims 22 and 23 are unpatentable over the prior art as previously applied to claims 22 and 23.
On pages 14-15 the Applicant further argues (E) that the remaining prior art does not cure the deficiencies of Qiu in the amended claims.
The Examiner maintains that Qiu appropriately teaches the concave-upward geometry required by claims 1, 22 and 23 and the convergence groove required by claim 14. Thus, the remaining prior art is not relied upon to teach these limitations.
Therefore, the rejection is maintained.
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Annotated Figure 1 (annotated from Qiu Fig. 7)
The following is a modified rejection based on Applicant’s amendments to the claims.
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 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.
Claims 1, 5, 15, 18-19, 21 and 26-28 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (US 2019/0090543 A1) in view of Ding ‘855 (CN 108260855 A; hereinafter referring to the English translation provided), Alfawaz (US 20160157520 A1) and Qiu ‘767 (WO 2020134767 A1; hereinafter referring to the English translation provided).
Regarding claim 1, Qiu, teaches a heating assembly (Fig. 2, Fig. 7), comprising:
a heating body (heating assembly 30);
a shunt mesh disposed on the heating body (air guiding plate 23);
an upper cap (housing 10) covering the heating body and the shunt mesh, the upper cap comprising a first cover body (see portion of upper cap 10, “first cover body”, circled in Annotated Fig. 1) used to form an accommodating cavity that accommodates the shunt mesh, and a second cover body (see portion of upper cap 10, “second cover body”, circled in Annotated Fig. 1) disposed above the first cover body, the second cover body used to form a vaporization cavity in communication with the accommodating cavity (see Annotated Fig. 1);
wherein the first cover body is located at a lower portion of the upper cap (see Annotated Fig. 1), wherein the vaporization cavity is formed using both the first cover body and the second cover body (Annotated Fig. 1 depicts that the upper surface of the first cover body (the portions that protrude over the shunt mesh 23) also forms a portion of the lower surface of the vaporization cavity), and wherein a bottom surface of the first cover body concaves upward to form the accommodating cavity (Fig. 7 depicts lower portion of the upper cap concaving upward to form accommodation space);
wherein the vaporization cavity (atomizing chamber 11) is in air communication (Abstract) with a heating element (heater 31 in heating body 30) formed on the upper cap (Fig. 7), the vaporization cavity having a smaller cross-sectional size than the accommodating cavity (see Annotated Fig. 1),
wherein the shunt mesh comprises a shunt region on which a plurality of airflow holes for airflow to run through are distributed (Fig. 2 displays a small region around the periphery of air guiding plate 23 that does not have holes and an inner area (shunt region) where holes are provided),
wherein an outer periphery of the shunt mesh protrudes outward to form at least one limiting protrusion that abuts against an inner wall surface of the accommodating cavity of the upper cap (shunt mesh 23, of which the outer edge is depicted to protrude outward to form as least one limiting protrusion that abuts against an inner wall surface of an accommodating cavity of the upper cap 10 (see Fig. 7)).
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Annotated Figure 2 (annotated from Qiu Fig. 7)
Qiu does not teach (I) a replaceable filter mesh disposed above the shunt mesh and configured to place a vaporization medium, wherein the replaceable filter mesh is replaceably disposed in the vaporization cavity, (II) that the bottom wall comprises a first region located at a center and a second region surrounding the first region, (III) that a plurality of first filter holes for airflow to run through are distributed on the bottom wall in both the first region and the second region wherein a distribution density of the plurality of first filter holes in the first region is less than a distribution density of the plurality of first filter holes in the second region, (IV) that the shunt mesh has an area larger than an area of the replaceable filter mesh, and the area of the shunt mesh subsumes within it the area of the replaceable filter mesh or (V) wherein the at least one limiting protrusion comprises a plurality of limiting protrusions distributed at intervals around the shunt mesh.
Regarding (I), Ding ‘855, directed to a heating chamber (Fig. 2), teaches a filter mesh (second surface 32) with a plurality of air holes (air through holes 331; which may be arranged to prevent debris fall through the holes (page 5, paragraph 4)) disposed above a shunt mesh (first surface 31) that is disposed in the vaporization cavity (first containing space 11) such that a gap is formed between the filter mesh and the shunt mesh (page 5, paragraph 3; see Fig. 2), wherein the replaceable filter mesh comprises a bottom wall (see Ding ‘855 Fig. 2). The heating chamber is easy to disassemble (page 6, paragraph 10), allowing for replacement of the filter mesh 32. Ding ‘855 further teaches that the filter mesh improves both device performance and cleaning (page 3, paragraph 8).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Qiu by adding a perforated replaceable filter mesh above the shunt mesh as taught by Ding ‘855 because both Qiu and Ding ‘855 are directed to heating assemblies for electronic cigarettes, Ding ‘855 teaches improved cleaning and performance of a heating assembly when using a filter mesh, and this involves applying a known technique/teaching to a similar device to yield predictable results.
Regarding (II), Alfawaz, directed to a tobacco smoking device, teaches a filter (perforated foil sheet 130) with holes (134) to control the flow of hot air from a heat source to a tobacco bowl/cavity wherein the filter comprises a first region located at a center (center portions 202) and a second region surrounding the first region (peripheral perforated portions 200), and wherein a distribution density of the plurality of first filter holes in the first region is less than a distribution density of the plurality of first filter holes in the second region ([0073], Fig. 15, perforated potions 200). Alfawaz teaches that this arrangement of holes prevents the fall of debris through the filter holes into the below elements.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify modified Qiu by arranging the plurality of first filter holes with a greater distribution density in the peripheral region than in the central region as taught by Alfawaz because both Qiu and Alfawaz are directed to smoking devices using hot air flow, Alfawaz teaches that it is known in the art to have a greater distribution density of holes at a periphery to lessen the chance of debris falling through the center, and this involves applying a known arrangement of filter holes to a similar hot air filter to yield the predictable result of preventing the fall of debris through the filter holes, thereby protecting the shunt mesh and heating element.
Regarding (III), while Alfawaz teaches a center portion with no holes, Ding ‘855 illustrates a filter having holes throughout. It would be obvious for one of ordinary skill to maintain some amount of first filter holes in the center of the filter screen as taught by Ding ‘855 for sufficient airflow, while having a higher distribution at the periphery as taught by Alfawaz in order to minimize falling debris, as there would be a reasonable expectation that the tobacco material would be located primarily in the center of the cavity and thus having a center with a smaller distribution density than the periphery would allow for airflow through the filter and cavity, and improve keeping debris from falling through the center into the shunt mesh and heating element.
Regarding (IV), while Qui does not explicitly teach that the shunt mesh has an area larger than an area of the replacement filter mesh, changes in size/proportion or shape are prima facie obvious when the device would not perform differently given such changes and absent persuasive evidence that the particular configuration was significant. See MPEP § 2144.04 (IV)(A-B).
Regarding (V), Qiu ‘ 767, directed to a heating assembly (smoke pot assembly; Figs. 2-3; page 3) comprising a heating body (heating device 14), a shunt mesh (heat conduction device 15) disposed on the heating body, an upper cap (housing 11) covering the heating body and the shunt mesh, wherein a vaporization cavity (Fig. 3, cavity including pot body 13A) in air communication with a heating element is formed in the upper cap, wherein the shunt mesh 15 comprises a shunt region on which a plurality of airflow holes are distributed (Figs. 2-4), wherein an outer periphery of the shunt mesh protrudes outward to form at least one limiting protrusion (projection 15A; Fig. 2; page 4, ¶ 2) that abuts against an inner wall surface of an accommodating cavity (Fig. 3), teaches that the at least one limiting protrusion 15A comprises a plurality of limiting protrusions wherein the plurality of limiting protrusions are distributed at intervals around the shunt mesh (Fig. 2).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Qiu by making the limiting protrusion a plurality of limiting protrusions distributed at intervals around the shunt mesh as taught by Qiu ‘767 because both Qiu and Qiu ‘767 are directed to heating assemblies comprising shunt meshes with limiting protrusions, Qiu ‘767 teaches an alternative form of limiting protrusions, one having ordinary skill in the art would recognize that making the one concentric protrusion into a plurality of protrusions distributed at intervals is an alternative configuration for keeping the shunt mesh in place that would not change the function of the device, and this involves substituting one alternative configuration for another to yield predictable results.
Furthermore, changes in shape, such as from a shunt mesh with one concentric protrusion to a shunt mesh with multiple distributed protrusions, are prima facie obvious absent persuasive evidence that a particular configuration is significant. See MPEP § 2144.04 (IV)(B).
Regarding claim 5, as stated in the rejection of independent claim 1, it would be obvious for one of ordinary skill to maintain some amount of first filter holes in the center of the filter screen as taught by Ding ‘855 for sufficient airflow, while having a higher distribution at the periphery as taught by Alfawaz in order to minimize falling debris, as there would be a reasonable expectation that the tobacco material would be located primarily in the center of the cavity and thus having a center with a smaller distribution density than the periphery would allow for airflow through the filter and cavity, and improve keeping debris from falling through the center into the shunt mesh and heating element. Thus, a distribution density of the plurality of first filter holes on the bottom wall would increase from a center to a periphery.
Regarding claim 15, Qiu teaches that the heating body 30 comprises:
a base (base 40),
a heating cover disposed on the base (first air guiding member 21 and second air guiding member 22),
and a heating element (heater 31, where there may be one or more heaters ([0050])) disposed between the base 40 and the heating cover (Fig. 7) and in air communication with the vaporization cavity 11 ([0005]),
wherein a heating cavity (first air flow passage 214 and second air flow passage 224) configured to place the heating element 31 is formed between the base 40 and the heating cover (see Fig. 7),
wherein a diffusion cavity is formed between the heating cover 21 and the shunt mesh 23 (see Fig. 7), and
wherein a convergence hole (first air outlet 2142 and second air outlet 2242) communicating the heating cavity with the diffusion cavity is formed on the heating cover.
Qiu does not teach that a central axis of the convergence hole (first air outlet 2142 and second air outlet 2242) overlaps with a central axis of the diffusion cavity (first air flow passage 214 and second air flow passage 224, respectively).
Ding teaches a convergence hole (fourth air inlet 421) for which the central axis overlaps with a central axis of a diffusion cavity (Fig. 3). The central convergence hole provides a buffering effect for the heated air before it enters the vaporization cavity (page 5, paragraph 2).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Qiu by forming a central convergence hole as taught by Ding ‘855 because both Qiu and Ding ‘855 are directed to heating assemblies, Ding ‘855 teaches the buffering of air through a convergence hole axially aligned with a diffusion cavity, and this involves applying a known technique to a similar device to yield predictable results.
Regarding claim 18, Qiu teaches a seal pad disposed between the shunt mesh and the upper cap (heat insulator 12; Figs. 2, 7; [0040]).
Regarding claim 19, Qiu does not explicitly teach that a bottom surface of the bottom wall of the replaceable filter mesh protrudes downward to form at least one bump or that the replaceable filter mesh abuts against the shunt mesh through the at least one bump.
However, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Qiu by configuring the bottom wall of the replaceable filter mesh to comprise at least one downward protrusion to form a bump that abuts against the shunt mesh as one having ordinary skill in the art would recognize that this bump would help ensure spacing and alignment between filter mesh and the shunt mesh, and this involves applying a known spacing feature to a known device to yield predictable results. Furthermore, changes in shape are prima facie obvious absent persuasive evidence that a particular configuration is significant. See MPEP § 2144.04 (IV)(B).
Regarding claim 21, Qiu teaches that a size or shape of the shunt region of the shunt mesh is consistent with a size or shape of the replaceable filter mesh (see shunt mesh of Qui Fig. 7 and filter mesh of Ding '855 Fig. 2; both would be expected to be of a consistent shape).
Regarding claim 24, Qiu teaches that the limiting protrusion is parallel to and coplanar with the shunt region of the shunt mesh 23 (the outer edge of shunt mesh 23 is depicted to protrude outward to form as least one limiting protrusion that abuts against an inner wall surface of an accommodating cavity of the upper cap 10 (see Fig. 7). This depicted limiting protrusion is parallel to and coplanar with the shunt region).
It would be expected that upon modification (as with Qiu ‘767) to comprise a plurality of limiting protrusions, this plurality would still be parallel to and coplanar with the shunt region.
Regarding claim 26, Qiu teaches that the replaceable filter mesh is replaceably disposed in the vaporization cavity formed using the second cover body and a first portion of the first cover body (see Ding ‘855 Fig. 2, second surface 32), wherein the shunt mesh is disposed in the accommodating cavity formed using a second portion of the first cover body that is below the first portion of the first cover body (see Annotated Fig. 1, in which the accommodating cavity is formed using a second portion of the first cover body (outer walls, not including the horizontally protruding portion) that is below the first portion (the portion that protrudes horizontally to also form part of the vaporizing cavity)).
Regarding claim 27, Qiu teaches that the heating body comprises a heating cover (first air guiding member 21, second air guiding member 22 and heat insulator 12; Figs. 2, 7; [0040-0041]), an upper portion of the heating cover is disposed in the accommodating cavity (Fig. 7), an outer wall surface of the heating cover protrudes outward to form at least one thermal insulation protrusion (heat insulator 12; [0040]), and the heating cover abuts against a cavity wall of the accommodating cavity through the at least one thermal insulation protrusion (Fig. 7).
Regarding claim 28, Qiu teaches that a top surface of the second cover body concaves downward to form the vaporization cavity (Fig. 7 depicts upper portion of the upper cap concaving downward to form the vaporization cavity).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu, Ding ‘855, Alfawaz and Qiu ‘767 as applied to claim 1 above, and further in view of Wall (DE 202021001014 U1; hereinafter referring to the English translation provided).
Regarding claim 6, modified Qiu does not teach that the bottom wall protrudes upward to form a cylindrical protruding portion.
Wall, directed to a container for directing heated airflow to a solid material for use in a smoking device such as a shisha, teaches a reusable container (Fig. 1, 100) with a vaporization cavity (interior 130) that contains a bottom wall (floor 120) with a plurality of holes. The bottom wall protrudes upwards to form a cylindrical protruding portion (tube 120), wherein the top wall (closure 145, with optional openings (page 4, paragraph 1)) and a side wall of the protruding portion (140) are provided with a plurality of second filter holes for airflow to run through (Abstract; Fig. 1, lateral air outlet openings 141). This bottom wall configuration improves air flow or circulation in the vaporization cavity (interior 130) which enables faster and more even heating of the material (page 1, Description, paragraph 6).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify modified Qiu such that the bottom wall protrudes as taught by Wall because both Qiu and Wall are directed to directing airflow from below to combust or vaporize a solid material, Wall teaches a bottom wall configuration that improves heating time and heat distribution within the vaporization cavity, and this involves applying a known teaching to a similar device to yield predictable results.
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu, Ding ‘855, Alfawaz and Qiu ‘767 as applied to claim 1 above, and further in view of Hendricks (US 3791390 A).
Regarding claims 8-10, modified Qiu does not teach that the replaceable filter mesh comprises a cylindrical side wall extending upward from an outer periphery of the bottom wall.
Hendricks, directed to a smoking pipe with improved air flow to smokable material, teaches a replaceable filter mesh (Fig. 3, tubular sleeve insert 15) placed within a vaporization cavity (internal cavity of bowl 10) and designed to hold smokable material (col. 2, lines 43-46). As recited in claims 8-10, the replaceable filter mesh 15 comprises a cylindrical side wall (tubular insert 15, foraminous wall 11; col. 2, lines 47-57) extending upward from an outer periphery of the bottom wall (Fig. 3). As recited in claim 8, the replaceable filter mesh 15 forms an airflow gap (surrounding air chamber 19) between the outer surface of the cylindrical side wall 16 and an inner surface of the vaporization cavity, wherein the cylindrical side wall 16 is provided with a plurality of filter holes for airflow to run through (foraminous wall 16). As recited in claim 9, the replaceable filter mesh 16 is shaped such that a size of a cross section of the cylindrical side wall decreases from a top of the cylindrical side wall to a bottom of the cylindrical side wall (foraminous wall 16 is tapered to provide room for airflow gap 19 (col. 8, lines 58-64)). As recited in claim 10, the replaceable filter mesh further comprises a flange (end flange 17) extending outward from an upper outer edge of the cylindrical side wall, and wherein the flange abuts against an upper end surface of a heating cover (Fig. 1; col. 2, lines 50-54).
Hendricks teaches that the configuration of the replaceable filter mesh insert and its perforations increase and distribute the burning (or vaporization) area of the smokable material for a more complete combustion (or vaporization) (col. 1, lines 29-33).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the filter mesh of modified Qiu by adding a foraminous side wall and flange as taught by Hendricks because both Qiu and Hendricks are directed to filter meshes to hold and direct air to smokable materials, Hendricks teaches that a cylindrical filter mesh improves airflow distribution and complete combustion or vaporization of a smokable material, and this involves applying a known teaching to a similar device to yield predictable results.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu, Ding ‘855, Alfawaz and Qiu ‘767 as applied to claim 1 above, and further in view of Fredericks (US 1118276 A).
Regarding claim 11, modified Qiu teaches that the replaceable filter mesh is in a shape of a plate (see Ding ‘855 Fig. 2, second surface 32). Qiu does not teach that an outer edge of the replaceable filter mesh concaves inward to form at least one groove.
Fredericks, directed to a grate for a smoking pipe bowl (Fig. 2), teaches a replaceable filter mesh (perforated plate 15) to prevent the fall of smoked material into the base of the bowl and enable easy cleaning of the bowl (lines 14-25). The replaceable filter mesh further comprises an outer edge (peripheral tongues 16) that concaves inward to form at least one groove (peripheral tongues 16 are crimped around ring 14 (lines 50-51), Fig. 2) that allows for connection to support arms 17 and 18. The filter mesh may be more easily removed using these support arms.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify modified Qiu by concaving the outer edge of the filter mesh to enable attachment of arms to facilitate removal of the replaceable filter mesh from the vaporization cavity as taught by Fredericks because both modified Qiu and Fredericks are directed to smoking assemblies with replaceable filter meshes, Frederick teaches a technique for easier removal and replacement of the filter mesh, and this involves applying a known technique to a similar device to yield predictable results.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu, Ding ‘855, Alfawaz and Qiu ‘767 as applied to claim 1 above, and further in view of Ding ‘070 (US 20200345070 A1).
Regarding claim 14, Qiu teaches that the heating body 30 comprises:
a base (base 40),
a heating cover disposed on the base (first air guiding member 21 and second air guiding member 22),
and a heating element (heater 31, where there may be one or more heaters ([0050])) disposed between the base 40 and the heating cover (Fig. 7) and in air communication with the vaporization cavity 11 ([0005]),
wherein a heating cavity (first air flow passage 214 and second air flow passage 224) configured to place the heating element 31 is formed between the base 40 and the heating cover (see Fig. 7),
wherein a diffusion cavity is formed between the heating cover 21 and the shunt mesh 23 (see Fig. 7),
wherein a convergence hole (first air outlet 2142 and second air outlet 2242) communicating the heating cavity with the diffusion cavity is formed on the heating cover,
wherein the heating cavity surrounds the outside of the convergence hole, and wherein a convergence groove communicating the heating cavity with the convergence hole is further formed between the base and the heating cover (Figs. 2-3 and 7 depict that a convergence groove is formed by the upper protruding edges of the heating cover 21, 22 such that it surrounds the convergence hole 2142, 2242. This convergence groove would communicate with the heating cavity 214, 224),
wherein the shunt region is disposed so as to correspond to the diffusion cavity (Fig. 7 shows that the width of the shunt region corresponds to the width of the diffusion cavity, whereas the unperforated peripheral region extends into the upper cap 10), and wherein a plurality of airflow holes (air guiding holes 231) for airflow to run through are distributed on the shunt region.
Qiu does not teach that the shunt region comprises a center region located at a center of the shunt region and a peripheral region surrounding the center region.
Ding ‘070, directed to a vaporization device and heating assembly, teaches a heating assembly (Fig. 1) with a shunt mesh (second filter layer 142) that comprises a center region located at a center of the shunt region and a peripheral region surrounding the center region ([0064], Fig. 6), and wherein a distribution density of the plurality of airflow holes in the center region is less than a distribution density of the plurality of airflow holes in the peripheral region ([0064], Fig. 6, second filter holes 1421). This distribution of holes on the periphery helps to distribute and buffer airflow while maintaining airflow rate ([0064]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify modified Qiu by having a greater distribution density of holes on the periphery of shunt mesh 23 shunt region as taught by Ding ‘070 because both Qiu and Ding ‘070 are directed to heating assemblies with airflow-directing shunt meshes, Ding ‘070 teaches that it is known in the art to have a greater distribution density of holes at a periphery to improve the distribution and buffering of airflow, and this involves applying a known technique to a similar device to yield predictable results.
The Examiner notes that while Ding ‘070 teaches a center portion with no holes, Qiu illustrates a filter having holes throughout. It would be obvious for one of ordinary skill to maintain some amount of first filter holes in the center of the filter screen as taught by Qiu for sufficient flow airflow, while having a higher distribution at the periphery as taught by Ding ‘070 in order to improve buffering and distribution of the airflow as there would be a reasonable expectation that the airflow would be located in the center of the cavity and thus having a center with a smaller distribution density than the periphery would allow for airflow through the filter and cavity, while improving the buffering and distribution of airflow.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu, Ding ‘855, Alfawaz and Qiu ‘767 as applied to claim 1 above, in further view of Ding ‘070 (US 20200345070 A1).
Regarding claim 16, modified Qiu teaches that the heating assembly of claim 1 may be included as part of a vaporization device (electronic cigarette) ([0002]). Qiu also teaches that the vaporization device may comprise additional elements, such as a battery assembly ([0039]).
Qiu does not explicitly disclose a body of the vaporization device.
Ding ‘070, directed to a vaporization device (Figs. 2-3), teaches that the vaporization device comprises a body (housing 2) which receives and contains elements such a battery (7) and a heating assembly (Fig. 1).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to recognize that the vaporization device of Qiu would comprise a body and that the heating assembly would be disposed within the body as taught by Ding ‘070 because both Qiu and Ding ‘070 are directed to vaporization device heating assemblies, Ding ‘070 teaches the containment of vaporization device heating assemblies and batteries within a body, and this involves applying a known teaching to a similar device to yield predictable results.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu (US 2019/0090543 A1) in view of Ding ‘855 (CN 108260855 A; hereinafter referring to the English translation provided), Alfawaz (US 20160157520 A1) and Qiu ‘767 (WO 2020134767 A1; hereinafter referring to the English translation provided).
Regarding claim 22, Qiu, teaches a heating assembly (Fig. 2, Fig. 7), comprising:
a heating body (heating assembly 30);
a shunt mesh disposed on the heating body (air guiding plate 23);
an upper cap (housing 10) covering the heating body and the shunt mesh, the upper cap comprising a first cover body (see portion of upper cap 10, “first cover body”, circled in Annotated Fig. 1) used to form an accommodating cavity that accommodates the shunt mesh, and a second cover body (see portion of upper cap 10, “second cover body”, circled in Annotated Fig. 1) disposed above the first cover body, the second cover body used to form a vaporization cavity in communication with the accommodating cavity (see Annotated Fig. 1);
wherein the first cover body is located at a lower portion of the upper cap (see Annotated Fig. 1), wherein the vaporization cavity is formed using both the first cover body and the second cover body (Annotated Fig. 1 depicts that the upper surface of the first cover body (the portions that protrude over the shunt mesh 23) also forms a portion of the lower surface of the vaporization cavity), and wherein a bottom surface of the first cover body concaves upward to form the accommodating cavity (Fig. 7 depicts lower portion of the upper cap concaving upward to form accommodation space);
and a seal pad disposed between the shunt mesh and the upper cap (heat insulator 12; Figs. 2, 7; [0040]);
wherein the vaporization cavity (atomizing chamber 11) is in air communication (Abstract) with a heating element (heater 31 in heating body 30) formed on the upper cap (Fig. 7), the vaporization cavity having a smaller cross-sectional size than the accommodating cavity (see Annotated Fig. 1),
wherein the shunt mesh comprises a shunt region on which a plurality of airflow holes for airflow to run through are distributed (Fig. 2 displays a small region around the periphery of air guiding plate 23 that does not have holes and an inner area (shunt region) where holes are provided),
wherein an outer periphery of the shunt mesh protrudes outward to form at least one limiting protrusion that abuts against an inner wall surface of an accommodating cavity of the upper cap (shunt mesh 23, of which the outer edge is depicted to protrude outward to form as least one limiting protrusion that abuts against an inner wall surface of the accommodating cavity of the upper cap 10 (see Fig. 7)).
Qiu does not teach (I) a replaceable filter mesh disposed above the shunt mesh and configured to place a vaporization medium, wherein the replaceable filter mesh is replaceably disposed in the vaporization cavity, (II) that the bottom wall comprises a first region located at a center and a second region surrounding the first region, (III) that a plurality of first filter holes for airflow to run through are distributed on the bottom wall in both the first region and the second region wherein a distribution density of the plurality of first filter holes in the first region is less than a distribution density of the plurality of first filter holes in the second region or (IV) that the shunt mesh has an area larger than an area of the replaceable filter mesh, and the area of the shunt mesh subsumes within it the area of the replaceable filter mesh.
Regarding (I), Ding ‘855, directed to a heating chamber (Fig. 2), teaches a filter mesh (second surface 32) with a plurality of air holes (air through holes 331; which may be arranged to prevent debris fall through the holes (page 5, paragraph 4)) disposed above a shunt mesh (first surface 31) that is disposed in the vaporization cavity (first containing space 11) such that a gap is formed between the filter mesh and the shunt mesh (page 5, paragraph 3; see Fig. 2), wherein the replaceable filter mesh comprises a bottom wall (see Ding ‘855 Fig. 2). The heating chamber is easy to disassemble (page 6, paragraph 10), allowing for replacement of the filter mesh 32. Ding ‘855 further teaches that the filter mesh improves both device performance and cleaning (page 3, paragraph 8).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Qiu by adding a perforated replaceable filter mesh above the shunt mesh as taught by Ding ‘855 because both Qiu and Ding ‘855 are directed to heating assemblies for electronic cigarettes, Ding ‘855 teaches improved cleaning and performance of a heating assembly when using a filter mesh, and this involves applying a known technique/teaching to a similar device to yield predictable results.
Regarding (II), Alfawaz, directed to a tobacco smoking device, teaches a filter (perforated foil sheet 130) with holes (134) to control the flow of hot air from a heat source to a tobacco bowl/cavity wherein the filter comprises a first region located at a center (center portions 202) and a second region surrounding the first region (peripheral perforated portions 200), and wherein a distribution density of the plurality of first filter holes in the first region is less than a distribution density of the plurality of first filter holes in the second region ([0073], Fig. 15, perforated potions 200). Alfawaz teaches that this arrangement of holes prevents the fall of debris through the filter holes into the below elements.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify modified Qiu by arranging the plurality of first filter holes with a greater distribution density in the peripheral region than in the central region as taught by Alfawaz because both Qiu and Alfawaz are directed to smoking devices using hot air flow, Alfawaz teaches that it is known in the art to have a greater distribution density of holes at a periphery to lessen the chance of debris falling through the center, and this involves applying a known arrangement of filter holes to a similar hot air filter to yield the predictable result of preventing the fall of debris through the filter holes, thereby protecting the shunt mesh and heating element.
Regarding (III), while Alfawaz teaches a center portion with no holes, Ding ‘855 illustrates a filter having holes throughout. It would be obvious for one of ordinary skill to maintain some amount of first filter holes in the center of the filter screen as taught by Ding ‘855 for sufficient airflow, while having a higher distribution at the periphery as taught by Alfawaz in order to minimize falling debris, as there would be a reasonable expectation that the tobacco material would be located primarily in the center of the cavity and thus having a center with a smaller distribution density than the periphery would allow for airflow through the filter and cavity, and improve keeping debris from falling through the center into the shunt mesh and heating element.
Regarding (IV), while Qui does not explicitly teach that the shunt mesh has an area larger than an area of the replaceable filter mesh, changes in size/proportion or shape are prima facie obvious when the device would not perform differently given such changes and absent persuasive evidence that the particular configuration was significant. See MPEP § 2144.04 (IV)(A-B).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu (US 2019/0090543 A1) in view of Ding ‘855 (CN 108260855 A; hereinafter referring to the English translation provided), Alfawaz (US 20160157520 A1) and Qiu ‘767 (WO 2020134767 A1; hereinafter referring to the English translation provided).
Regarding claim 23, Qiu, teaches a heating assembly (Fig. 2, Fig. 7), comprising:
a heating body (heating assembly 30);
a shunt mesh disposed on the heating body (air guiding plate 23);
an upper cap (housing 10) covering the heating body and the shunt mesh, the upper cap comprising a first cover body (see portion of upper cap 10, “first cover body”, circled in Annotated Fig. 1) used to form an accommodating cavity that accommodates the shunt mesh, and a second cover body (see portion of upper cap 10, “second cover body”, circled in Annotated Fig. 1) disposed above the first cover body, the second cover body used to form a vaporization cavity in communication with the accommodating cavity (see Annotated Fig. 1);
wherein the first cover body is located at a lower portion of the upper cap (see Annotated Fig. 1), wherein the vaporization cavity is formed using both the first cover body and the second cover body (Annotated Fig. 1 depicts that the upper surface of the first cover body (the portions that protrude over the shunt mesh 23) also forms a portion of the lower surface of the vaporization cavity), and wherein a bottom surface of the first cover body concaves upward to form the accommodating cavity (Fig. 7 depicts lower portion of the upper cap concaving upward to form accommodation space);
wherein a vaporization cavity (atomizing chamber 11) in air communication (Abstract) with a heating element (heater 31 in heating body 30) is formed on the upper cap (Fig. 7), the vaporization cavity having a smaller cross-sectional size than the accommodating cavity (see Annotated Fig. 1),
wherein the shunt mesh comprises a shunt region on which a plurality of airflow holes for airflow to run through are distributed (Fig. 2 displays a small region around the periphery of air guiding plate 23 that does not have holes and an inner area (shunt region) where holes are provided),
wherein an outer periphery of the shunt mesh protrudes outward to form at least one limiting protrusion that abuts against an inner wall surface of the accommodating cavity of the upper cap (shunt mesh 23, of which the outer edge is depicted to protrude outward to form as least one limiting protrusion that abuts against an inner wall surface of an accommodating cavity of the upper cap 10 (see Fig. 7)).
Qiu does not teach (I) a replaceable filter mesh disposed above the shunt mesh and configured to place a vaporization medium, wherein the replaceable filter mesh is replaceably disposed in the vaporization cavity, (II) that the bottom wall comprises a first region located at a center and a second region surrounding the first region, (III) that a plurality of first filter holes for airflow to run through are distributed on the bottom wall in both the first region and the second region wherein a distribution density of the plurality of first filter holes in the first region is less than a distribution density of the plurality of first filter holes in the second region, (IV) that the shunt mesh has an area larger than an area of the replaceable filter mesh, and the area of the shunt mesh subsumes within it the area of the replaceable filter mesh or (V) that a bottom surface of the bottom wall of the replaceable filter mesh protrudes downward to form at least one bump.
Regarding (I), Ding ‘855, directed to a heating chamber (Fig. 2), teaches a filter mesh (second surface 32) with a plurality of air holes (air through holes 331; which may be arranged to prevent debris fall through the holes (page 5, paragraph 4)) disposed above a shunt mesh (first surface 31) that is disposed in the vaporization cavity (first containing space 11) such that a gap is formed between the filter mesh and the shunt mesh (page 5, paragraph 3; see Fig. 2), wherein the replaceable filter mesh comprises a bottom wall (see Ding ‘855 Fig. 2). The heating chamber is easy to disassemble (page 6, paragraph 10), allowing for replacement of the filter mesh 32. Ding ‘855 further teaches that the filter mesh improves both device performance and cleaning (page 3, paragraph 8).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Qiu by adding a perforated replaceable filter mesh above the shunt mesh as taught by Ding ‘855 because both Qiu and Ding ‘855 are directed to heating assemblies for electronic cigarettes, Ding ‘855 teaches improved cleaning and performance of a heating assembly when using a filter mesh, and this involves applying a known technique/teaching to a similar device to yield predictable results.
Regarding (II), Alfawaz, directed to a tobacco smoking device, teaches a filter (perforated foil sheet 130) with holes (134) to control the flow of hot air from a heat source to a tobacco bowl/cavity wherein the filter comprises a first region located at a center (center portions 202) and a second region surrounding the first region (peripheral perforated portions 200), and wherein a distribution density of the plurality of first filter holes in the first region is less than a distribution density of the plurality of first filter holes in the second region ([0073], Fig. 15, perforated potions 200). Alfawaz teaches that this arrangement of holes prevents the fall of debris through the filter holes into the below elements.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify modified Qiu by arranging the plurality of first filter holes with a greater distribution density in the peripheral region than in the central region as taught by Alfawaz because both Qiu and Alfawaz are directed to smoking devices using hot air flow, Alfawaz teaches that it is known in the art to have a greater distribution density of holes at a periphery to lessen the chance of debris falling through the center, and this involves applying a known arrangement of filter holes to a similar hot air filter to yield the predictable result of preventing the fall of debris through the filter holes, thereby protecting the shunt mesh and heating element.
Regarding (III), while Alfawaz teaches a center portion with no holes, Ding ‘855 illustrates a filter having holes throughout. It would be obvious for one of ordinary skill to maintain some amount of first filter holes in the center of the filter screen as taught by Ding ‘855 for sufficient airflow, while having a higher distribution at the periphery as taught by Alfawaz in order to minimize falling debris, as there would be a reasonable expectation that the tobacco material would be located primarily in the center of the cavity and thus having a center with a smaller distribution density than the periphery would allow for airflow through the filter and cavity, and improve keeping debris from falling through the center into the shunt mesh and heating element.
Regarding (IV), while Qui does not explicitly teach that the shunt mesh has an area larger than an area of the replaceable filter mesh, changes in size/proportion or shape are prima facie obvious when the device would not perform differently given such changes and absent persuasive evidence that the particular configuration was significant. See MPEP § 2144.04 (IV)(A-B).
Regarding (V), Qiu does not explicitly teach that a bottom surface of the bottom wall of the replaceable filter mesh protrudes downward to form at least one bump.
However, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Qiu by configuring the bottom wall of the replaceable filter mesh to comprise at least one downward protrusion to form a bump as one having ordinary skill in the art would recognize that this bump would help ensure spacing and alignment between filter mesh and the shunt mesh, and this involves applying a known spacing feature to a known device to yield predictable results. Furthermore, changes in shape are prima facie obvious absent persuasive evidence that a particular configuration is significant. See MPEP § 2144.04 (IV)(B).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu, Ding ‘855, Alfawaz and Qiu ‘767 as applied to claim 1 above and further in view of Bishara (US 20160249677 A1).
Regarding claim 25, Qiu teaches that the device aims to reduce heat transfer ([0040]), but is silent to a material of the upper cap 10.
Bishara, directed to a heating assembly comprising a heating body (heater 36, 936; [0044], [0071]), teaches that steatite material is known in the art to have a high heat resistance to prevent heat transfer from the heater ([0071]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the upper cap of Qiu by making it a steatite material as taught by Bishara because both Qiu and Bishara are directed to heating assemblies, Qiu is silent to a material of the upper cap and one with ordinary skill would be motivated to look to prior art for a known and suitable material, one having ordinary skill in the art would recognize that it would be beneficial to make the upper cap out of a heat-transfer resistant material, and this involves applying a known teaching to a similar product to yield predictable results.
Conclusion
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/C.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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