DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
This office action is in response to Applicant’s amendment filed on 12/31/2025.
Claims 1, 5-6, 8-11 and 14-26 are pending and are subject to this Office Action.
Claims 1, 8-11, 14-15, 17-18 and 21-23 are amended.
Claims 24-26 are newly added.
Claims 2-4, 7 and 12-13 are cancelled.
Response to Amendments
The Examiner withdraws the objection to claim 21 for informalities due to amendments to the claims filed 12/21/2025.
Response to Arguments
Applicant's arguments, see pages 10-17, filed on 12/21/2025 with respect to the rejection of claim 1 have been fully considered but they are not persuasive.
On pages 10-13 the Applicant argues that that prior art does not sufficiently teach upper and lower caps such that the vaporization cavity is formed from the first and second cover bodies and that the accommodating cavity is formed from the first cover body, as required by amended claim 1.
The Examiner disagrees.
Qiu teaches 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); the vaporization cavity having a smaller cross-sectional size than the accommodating cavity (see Annotated Fig. 1).
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Annotated Figure 1 (annotated from Qiu Fig. 7)
On pages 13-14 the Applicant argues that Qiu does not appropriately teach that shunt mesh 23 is disposed in the accommodating cavity.
The Examiner disagrees.
As depicted in Annotated Fig. 1, the shunt mesh 23 is below the horizontally protruding portion of the first cover body, and is thus located within the accommodating cavity formed by the first cover body. The Examiner further notes that the claim merely requires that the shunt mesh be in the accommodating cavity, not the specific cross section it inhabits. The Examiner further notes that the claim requires that the shunt mesh “abut against an inner wall surface” of the cover body. The horizontally protruding portion of which the shunt mesh 23 contacts (Fig. 7) is still considered to be an “inner side wall”, as it forms part of the inside wall of the accommodating cavity, and thus teaches the claim limitation.
On page 14 the Applicant argues that Qiu does not teach a filter mesh replaceably disposed in the vaporization cavity.
The Examiner agrees and notes that Qiu is modified by adding the filter mesh of Ding ‘855 in order to teach the claim. Thus, the combination of Qiu and Ding ‘855 teaches the filter mesh replaceably disposed in the vaporization cavity.
On pages 15-16 the Applicant argues that Ding ‘855 does not appropriately teach the filter mesh. Specifically, the Applicant argues that the area of the shunt mesh 31 of Ding ‘855 is smaller than the area of the filter mesh 32 and thus fails to teach "wherein the shunt mesh has an area larger than an area of the replacement filter mesh, and the area of the shunt mesh subsumes within it the area of the replacement filter mesh".
The Examiner notes that the combination of Qui and Ding ‘855 does not explicitly teach that the shunt mesh has an area larger than an area of the replacement filter mesh, however, 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).
The Applicant further argues that Ding ‘855 does not appropriately teach the shunt mesh as claimed.
The Examiner recognizes that Ding ‘855 does not explicitly teach the shunt mesh as claimed. However, Qiu is cited as teaching the shunt mesh element of the invention. The combination to include the filter mesh of Ding ‘855 would not be expected to modify the shunt mesh of Qiu.
Therefore, the rejection is maintained.
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, 17-21 and 26 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 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 replacement filter mesh, and the area of the shunt mesh subsumes within it the area of the replacement 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 17, Qiu teaches that the upper cap 10 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).
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 claims 19-20, 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, as required by claim 19, or that the replaceable filter mesh abuts against the shunt mesh through the at least one bump, as required by claim 20.
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 replacement 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)).
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 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);
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 replacement filter mesh, and the area of the shunt mesh subsumes within it the area of the replacement 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 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).
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 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 replacement filter mesh, and the area of the shunt mesh subsumes within it the area of the replacement 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 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 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
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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/C.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755