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
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 November 19, 2025 has been entered.
Status of the Claims
Claims 1-21 are pending and are subject to this Office Action. Claims 1 and 16 are amended.
Response to Amendments
The amendments to the specification and the claims filed on November 19, 2025 are acknowledged.
Response to Arguments
Applicant’s arguments, see pgs 9-13, filed November 19, 2025, with respect to the rejection(s) of claims 1-21 under 35 U.S.C. 103 have been fully considered and they are persuasive. Applicant has amended claim 1 to include a limitation that was not previously presented and that the previously applied prior art does not disclose: “the body abuts against an end surface of the heating body for limiting relative positions of the abutting part and the heating body so as to locate the elastic contacting part at a position of the electrode part.” Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the previously applied references in combination with a newly found prior art reference. The following is a modified rejection based on amendments made to the claims.
The following is a modified rejection based on amendments made 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 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-9, 13, 15, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 109077358 A, English Translation) in view of Du (US 2024/0373515 A1), as evidenced by Greminger (US 2011/0096440 A1).
Regarding Claim 1, Zhou, directed to electronic cigarettes ([0002]), tubular heaters ([0012]), and infrared heating ([0002]), teaches a heater ([0002], [0028], Figs. 1-2; The nano-far-infrared segmented heating device shown in Figs. 1-2), comprising:
a heating body, in which a space for containing an aerosol-forming matrix is formed ([0028]-[0031], Figs. 1-2; The nano-far-infrared segmented heating device comprises heat conducting member 20 (heating body), wherein a heating chamber 26 which can be filled with tobacco is formed inside the heat conducting member 20. Tobacco is an aerosol-forming matrix; see instant specification, [0034]);
the heating body being configured to receive electric power from a power supply to generate heat, and transfer the heat to the aerosol-forming matrix so as to volatilize at least one component in the aerosol-forming matrix ([0028]-[0031], Figs. 1-2; Heat conducting member 20 (heating body) is configured to receive power from an external power source via conductive coatings 21,22,23 to generate heat, and transfer the heat to the tobacco (aerosol-forming matrix) within heating chamber 26. As tobacco is a known aerosol-forming matrix and the heating body is configured to transfer heat to the aerosol forming matrix, the device of Zhou is necessarily capable of volatilizing at least one component in the aerosol-forming matrix);
an electrode part, at least comprising a first electrode and a second electrode arranged on the heating body at intervals ([0029]-[0031], Figs. 1-2; Conductive coatings 21,22,23 are arranged on the heat conducting member 20 (heating body) at intervals. The electrodes may be conductive coatings; see instant specification, [0040]. Therefore, conductive coatings 21,22,23 form an electrode part, at least comprising conductive coating 21 (first electrode) and conductive coating 23 (second electrode)),
both the first electrode and the second electrode being electrically connected with the heating body and configured to feed the electric power to the heating body ([0029]-[0031], Figs. 1-2; Conductive coatings 21,22,23 are electrically connected with conducting member 20 (heating body) and configured to feed the electric power an external power source to conducting member 20),
but does not teach the heater comprising i) at least one electrode connector, comprising an abutting part and an extension part integrally formed with the abutting part; the abutting part abutting against the electrode part to be electrically connected with the electrode part, and the extension part being configured to extend the electrode part to a position away from the heating body through electrical connection; wherein the abutting part comprises a body and an elastic contacting part connected with the body, and the abutting part is mounted on the electrode part by the elastic force of the elastic contacting part, and the body abuts against an end surface of the heating body for limiting relative positions of the abutting part and the heating body so as to locate the elastic contacting part at a position of the electrode part; and the extension part extends from the body in the direction away from the heating body.
Du, directed to tubular heaters ([0001]), teaches a tubular heater ([0051], Figs. 1-5; The apparatus of Figs. 1-5 is a tubular thick film heater with a protection function), comprising:
a heating body ([0051], Figs. 1-5; The apparatus of Figs. 1-5 comprises tubular heater assembly 10 (heating body));
an electrode part being electrically connected with the heating body and configured to feed the electric power to the heating body ([0062], Fig. 6-7; Tubular heater assembly 10 includes an inner tube 1, an outer tube 21, and a heating assembly 20 mounted on an outer peripheral wall of the outer tube 21. [0070]-[0071], Heating assembly 20 comprises a heating circuit 22 including multiple heating resistors 221 and electrodes 222. A power source is connected to the electrodes 222, so that the heating resistors 221 generate heat); and
at least one electrode connector, comprising an abutting part and an extension part extending from the abutting part ([0051]-[0052], Figs. 1-7; The tubular thick film heater protection apparatus is configured to protect the tubular heater assembly 10 and includes an upper tube 40 and a base 60. A lower portion of the tubular heater assembly 10 is sleeved inside a lower groove 63 of a base 60. [0054], Base 60 is provided with an elastic contact piece 62, wherein a terminal contact of the elastic contact piece 62 can be connected to an electrode 222 on the outer tube 21 of the tubular heater assembly 10. Base 60 is provided with a wiring terminal 65, the wiring terminal 65 is electrically connected to the elastic contact piece 62, and the wiring terminal 65 can be externally connected to a power supply via a cable or wire. Fig. 5 shows that base 60 forms an abutting part which directly abuts electrode 222. Fig. 2 shows that the wiring terminal 65 forms extension part extending from base 60 (abutting part));
the abutting part abutting against the electrode part to be electrically connected with the electrode part ([0054], Figs. 1-7; Base 60 is provided with an elastic contact piece 62, wherein a terminal contact of the elastic contact piece 62 can be electrically connected to an electrode 222 (electrode part) on the outer tube 21 of the tubular heater assembly 10), and
the extension part being configured to extend the electrode part to a position away from the heating body through electrical connection ([0054], Figs. 1-7; Base 60 is provided with an elastic contact piece 62, wherein a terminal contact of the elastic contact piece 62 can be connected to an electrode 222 on the outer tube 21 of the tubular heater assembly 10. Base 60 is provided with a wiring terminal 65, the wiring terminal 65 is electrically connected to the elastic contact piece 62, and the wiring terminal 65 can be externally connected to a power supply. Fig. 2 shows that the wiring terminal 65 (extension part) extending from base 60 (abutting part) configured to extend electrode 222 (electrode part) to a position away from tubular heater assembly 10 (heating body) through electrical connection);
wherein the abutting part comprises a body and an elastic contacting part connected with the body ([0054], Figs. 1-7; Base 60 (abutting part) comprises a body formed by the ring-shaped section including groove 63. Base 60 comprises elastic contact piece 62 connected with the body), and
the abutting part is mounted on the electrode part by the elastic force of the elastic contacting part ([0054], Figs. 1-7; Base 60 (abutting part) is mounted on electrode 222 (electrode part) by elastic forces of the elastic contact piece 62), and
the body abuts against an end surface of the heating body for limiting relative positions of the abutting part and the heating body so as to locate the elastic contacting part at a position of the electrode part ([0054], Figs. 1-7; The body of base 60 (specifically groove 63) abuts against an end surface of tubular heater assembly 10 (heating body) for limiting relative positions of body 60 (abutting part) and tubular heater assembly 10 (heating body) so as to locate elastic contact piece 62 at a position of the electrode 222 (electrode part)); and
the extension part extends from the body in the direction away from the heating body ([0054], Figs. 1-7; Wiring terminal 65 (extension part) extends from the body of base 60 in the direction away from tubular heater assembly 10).
It would have been obvious to one of ordinary skill in the art to provide the electronic cigarette taught by Zhou with the electrode connector of Du to electrically connect the electrode part to a power supply because Zhou and Du are directed to tubular heaters, Du demonstrates that the electrode connector is a suitable configuration for connecting an electrode located on an external surface of tubular heater to a power supply (Du, [0051]-[0071], Figs. 1-7), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 2, Zhou in view of Du teaches the heater according to claim 2. Zhou further teaches the heater wherein the heating body presents a tubular shape and has a first end and a second end opposite to the first end ([0028]-[0031], Figs. 1-2; Heat conducting member 20 (heating body) presents a tubular shape, and has a first end at its lower end (as shown in Fig. 1) and a second end at its upper end opposite the first end),
the first electrode is arranged at the first end and the second electrode is arranged at the second end ([0028]-[0031], Figs. 1-2; Conductive coating 21 (first electrode) is arranged at the first (lower) end. Conductive coating 23 (second electrode) is arranged at the second (upper) end).
Regarding Claim 3, Zhou in view of Du teaches the heater according to claim 2. Zhou further teaches the heater wherein the body is formed in an annular shape ([0028]-[0031], Figs. 1-2; Heat conducting member 20 (heating body) is an annular shape).
Du further teaches the heater wherein the elastic contacting part comprises at least one cantilever connected with the body ([0051]-[0054], Figs. 1-7; Elastic contact piece 62 forms a cantilever connected with the body of base 60. The term “cantilever” has been defined as a component that is attached and supported only on one end; see Greminger, [0051]),
and the cantilever is pre-deformed so as to generate an elastic force for realizing electrical connection with the electrode part, when abutting against the electrode part ([0051]-[0054], Figs. 1-7; Elastic contact piece 62 is inclined inwardly (pre-deformed) so as to generate an elastic force for realizing electrical connection with electrode 222 of tubular heater assembly 10 when abutting against electrode 222).
Regarding Claim 4, Zhou in view of Du teaches the heater according to claim 3, but does not teach the heater wherein the number of the elastic contacting part is at least three.
It would have been obvious to one of ordinary skill in the art to duplicate the elastic contacting part of Zhou and dispose multiple elastic contacting parts at different points on the electrode part because Du demonstrates that the elastic contacting parts provide structural support for the electrode connector and facilitate electrical connection between an electrode part and a power source (Du, [0051]-[0071], Figs. 1-7), and this involves would merely involve duplication of parts and positioning additional elastic contacting parts at a different sections of the electrode part to provide structural support and electrical connection.
Regarding Claim 5, Zhou in view of Du teaches the heater according to claim 4. Du further teaches the heater wherein the cantilever extends generally along the axial direction of the body ([0051]-[0054], Figs. 1-7; Elastic contact piece 62 extends generally along the axial direction of the body).
Regarding Claim 6-7, Zhou in view of Du teaches the heater according to claim 5. Du further teaches the heater wherein the electrode connector is formed with a position-limiting part, which is used for limiting the relative positions of the abutting part and the heating body so as to locate the elastic contacting part at the position of the electrode part, wherein the body constitutes the position-limiting part, wherein the body performing position limiting by abutting against an end face of the heating body ([0054], Figs. 1-7; Base 60 (abutting part of the electrode connector) comprises a body formed by the ring-shaped section including groove 63. The body of base 60 (specifically groove 63) abuts against an end surface of tubular heater assembly 10 (heating body) for limiting relative positions of body 60 (abutting part) and tubular heater assembly 10 (heating body) so as to locate elastic contact piece 62 at a position of the electrode 222 (electrode part)).
Regarding Claim 8, Zhou in view of Du teaches the heater according to claim 7. Zhou further teaches the heater wherein the body matches the shape of the end of the heating body (Zhou, [0028]-[0031], Figs. 1-2; The end of heating conducting member 20 (heating body) has a circular cross-section; and Du, [0051]-[0054], Figs. 1-7; The body of base 60 has a circular cross-section).
Regarding Claim 9, Zhou in view of Du teaches the heater according to claim 5. Du further teaches the heater wherein the body is sleeved with the heating body ([0051]-[0054], Figs. 1-7; The body of base 60 (specifically groove 63) is sleeved with tubular heating assembly 10 (heating body)), and
the elastic contacting part comprises at least one cantilever formed on the body through hollowing or at least one cantilever extending from an edge of the body ([0051]-[0054], Figs. 1-7; Elastic contact piece 62 comprises a cantilever extending from an edge of the body of base 60).
Regarding Claim 13, Zhou in view of Du teaches the heater according to claim 1. Zhou further teaches the heater wherein the heating body comprises: a base, in which the space is formed ([0029]-[0030], Figs. 1-2; Heat conducting member 20 (heating body) comprises a base, in which heating chamber 26 (space) is formed);
an infrared electrothermal coating formed on the base; the infrared electrothermal coating is configured to receive the electric power to generate heat so as to generate infrared rays, and at least transfer the energy of the infrared rays to the aerosol-forming matrix by radiation ([0029]-[0030], Figs. 1-2; Heat conducting member 20 (heating body) comprises a nano far-infrared coating 24,25 (infrared electrothermal coating) formed on the base. The nano far-infrared coating 24,25 is configured to receive electrical power from the external power source via conductive coatings 21,22,23. Upon being energized, the nano far-infrared coating generates infrared light rays which are transferred to the tobacco (aerosol-forming matrix) by radiation. Zhou does not mention the inclusion of an additional electrothermal element, and therefore it is reasonably understood that the infrared coating performs the conversion of electrical energy to thermal energy).
Regarding Claim 15, Zhou in view of Du teaches the heater according to claim 1. Zhou further teaches the heater wherein the electrode part further comprises at least one third electrode arranged on the heating body, the third electrode is located between the first electrode and the second electrode ([0028]-[0031], Figs. 1-2; Conductive coatings 21,22,23 (electrode part) further comprises conductive coating 22 (third electrode) arranged on heat conducting member 20 (heating body). Conductive coating 22 (third electrode) is located between conductive coating 21 (first electrode) and conductive coating 23 (second electrode)), and
at least one third electrode divides the heating body into at least two independent heating areas along the longitudinal direction of the heating body, so as to realize segmented heating of the aerosol-forming matrix ([0028]-[0033], Figs. 1-2; Conductive coating 22 (third electrode) divides heat conducting member 20 (heating body) into two independent heating areas along the longitudinal direction of heat conducting member 20, so as to realize segmented heating of the tobacco (aerosol-forming matrix)),
but does not teach the heater wherein the electrode connector is electrically connected with at least one third electrode and extends the at least one third electrode to a position away from the heating body.
It would have been obvious to one of ordinary skill in the art to duplicate the electrode connector and dispose it at the third electrode for electrical connection, extending the third electrode to a position away from the heating body because Du demonstrates that sleeving an electrode connector around an electrode part facilitates electrical connection between an electrode part and a power source (Du, [0051]-[0054], Figs. 1-7), and this involves would merely involve duplication of parts and positioning another electrode connector at a different section of the heating body to provide electrical connection.
Regarding Claim 21, Zhou in view of Du teaches the heater according to claim 2. Zhou further teaches the heater wherein the first electrode and the second electrode are conductive coatings coated on the outer surface of the heating body at the first end and the second end ([0029]-[0031], Figs. 1-2; Conductive coatings 21,22,23 are arranged on the heat conducting member 20 (heating body) at intervals. The electrodes may be conductive coatings; see instant specification, [0040]. Therefore, conductive coatings 21,22,23 form an electrode part, at least comprising conductive coating 21 (first electrode) coated on the outer surface of heat conducting member 20 (heating body) at the first (lower) end, and conductive coating 23 (second electrode) coated on the outer surface of heat conducting member 20 (heating body) at the second (upper) end).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 109077358 A, English Translation) in view of Du (US 2024/0373515 A1) as applied to Claim 4, and further in view of Chen (US 2015/0150306 A1), as evidenced by Greminger (US 2011/0096440 A1).
Regarding Claim 10, Zhou in view of Du does not teach heater wherein the elastic contacting parts are arranged on the body at equal intervals.
Chen, directed to electronic cigarettes ([0001]), teaches an electronic cigarette ([0024], Fig. 2; Electronic cigarette 100), comprising:
an abutting part ([0034], Figs. 2, 10-11; Flexible conductive ring 144 (abutting part) is configured to abut second conductive tube 134 as shown in Fig. 2. Resilient contacts 1446 of ring 144 directly abut second conductive tube 134), the abutting part comprising:
a body ([0034], Figs. 10-11; Flexible conductive ring 144 comprises clamping end 1442 (body), defining the ring shape),
an elastic contacting part connected with the body ([0034], Figs. 10-11; Flexible conductive ring 144 comprises a plurality of resilient contacts 1446 connected with clamping end 1442 (body). Flexible conductive ring 144 is formed from a flexible material, and contacts 1446 are configured to expand to clamp against second conductive tube 134),
wherein the abutting part is mounted on a tubular component by the elastic force of the elastic contacting part ([0034], Figs. 2, 10-11; Flexible conductive ring 144 (abutting part) is mounted on second conductive tube 134 by the elastic force of resilient contacts 1446 (elastic contacting part)),
wherein the elastic contacting part comprises at least one cantilever connected with the body ([0034], Figs. 10-11; The plurality of resilient contacts 1446 (elastic contacting parts) comprise at least one cantilever connected with clamping end 1442 (body). The term “cantilever” has been defined as a component that is attached and supported only on one end; see Greminger, [0051]),
wherein the number of the elastic contacting part is at least three ([0034], Figs. 10-11; The number of resilient contacts 1446 (elastic contacting parts) is four),
wherein the elastic contacting parts are arranged on the body at equal intervals ([0034], Figs. 10-11; The resilient contacts 1446 (elastic contacting parts) comprises four cantilevers are arranged on clamping end 1442 (body) at equal intervals).
It would have been obvious to one of ordinary skill in the art to provide the abutting part taught by Zhou in view of Du wherein the elastic contacting parts are arranged on the body at equal intervals as taught by Chen because Zhou and Chen are directed to electronic cigarettes, Du does not explicitly disclose a configuration for an abutting part comprising multiple elastic contacting parts, one of ordinary skill in the art would have looked to other references from prior art disclosures of an abutting part comprising multiple elastic contacting parts, and Chen disclose a configuration for an abutting part comprising multiple elastic contacting parts (Chen, [0034], Figs. 2, 10-11).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 109077358 A, English Translation) in view of Du (US 2024/0373515 A1) as applied to Claim 1, and further in view of Qiu (US 2021/0235756 A1).
Regarding Claim 11-12, Zhou in view of Du does not teach the heater wherein the heater further comprises a first fixing seat and a second fixing seat; and the first fixing seat and the second fixing seat are respectively fixed at both ends of the heating body; both the first fixing seat and the second fixing seat comprise a lead-out part for leading out the extension part, wherein the lead-out part is a through hole.
Qiu, directed to electronic cigarettes ([0042]), teaches an electronic cigarette ([0042], Figs. 1-2; Electronic cigarette 100) comprising:
a heater ([0042], Figs. 1-2; Electronic cigarette 100 comprises an atomizing assembly 30 (heater) configured to heat an e-liquid to generate an aerosol),
wherein the heater further comprises a first fixing seat ([0042]-[0043], Figs. 1-2, 4-5; Electronic cigarette 100 comprises connecting assembly 20, including cartridge connecting seat 1023 (first fixing seat). Atomizing assembly 30 (heater) is received at least partially in the upper end of cartridge connecting seat 1023 to fix the position of atomizing assembly 30); and
the first fixing seat is fixed at an end of the heater ([0042] -[0043], Figs. 1-2, 4-5; Cartridge connecting seat 1023 (first fixing seat) is fixed at an end of atomizing assembly 30 (heater));
the first fixing seat comprises a lead-out part for leading out an electrode component, wherein the lead-out part is a through hole ([0042]-[0043], [0061], Figs. 1-2, 4-5; Cartridge connecting seat 1023 (first fixing seat) comprises a cylindrical through-hole (lead-out part) at its lower end for leading out the cylindrical first electrode 1024).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the heater taught by Zhou in view of Du with the first fixing seat fixed at the end of the heating body, wherein the first fixing seat comprises a lead-out part for leading out the extension part, and wherein the lead-out part is a through hole, similarly taught by Qiu because Zhou, Du, and Qiu are directed to electronic cigarettes, Qiu demonstrates that the first fixing seat can fix the position of a heater within an electronic cigarette (Qiu, [0042]-[0043], Figs. 1-2, 4-5), Qiu demonstrates that the lead out part is configured to lead out a component for electrical connection to a power source (Qiu, [0061], Figs. 1-2, 4-5; The cylindrical through-hole (lead-out part) at the lower end or cartridge connecting seat 1023 (first fixing seat) is configured for leading out the cylindrical first electrode 1024 for electrical connection to battery 1022), the extension part of Du is designed for electrical connection to a power source (Du, [0054], Fig. 2), and this involves combining prior art elements according to known methods to yield predictable results.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 109077358 A, English Translation) in view of Du (US 2024/0373515 A1) as applied to Claim 1, and further in view of Hsu (US 2014/0314396 A1).
Regarding Claim 14, Zhou further teaches the heater wherein the heating body comprises: a base, in which the space is formed ([0029]-[0030], Figs. 1-2; Heat conducting member 20 (heating body) comprises a base, in which heating chamber 26 (space) is formed);
an infrared radiation layer formed on the base; the infrared radiation layer is configured to receive the electric power to generate heat so as to generate infrared rays, and at least transfer the energy of the infrared rays to the aerosol-forming matrix by radiation ([0029]-[0030], Figs. 1-2; Heat conducting member 20 (heating body) comprises a nano far-infrared coating 24,25 (infrared electrothermal coating) formed on the base. The nano far-infrared coating 24,25 is configured to receive electrical power from the external power source via conductive coatings 21,22,23. Upon being energized, the nano far-infrared coating generates infrared light rays which are transferred to the tobacco (aerosol-forming matrix) by radiation),
but does not teach the heater comprising an electrothermal part arranged on the infrared radiation layer; wherein the electrothermal part is configured to receive the electric power to generate heat and transfer the heat generated to the infrared radiation layer; the infrared radiation layer is configured to receive the heat transferred by the electrothermal part to generate infrared rays, and at least transfer the energy of the infrared rays to the aerosol-forming matrix by radiation.
Hsu, directed to infrared heating ([0001]), teaches a heater ([0004], [0023], Fig. 4A; Electrothermal element 1 is used as a heater) comprising:
a base ([0023], [0027], Fig. 4A; Electrothermal element 1 comprises substrate 100, upon which a plurality of layers 400, 300, 200 are deposited);
an infrared radiation layer formed on the base ([0023], [0027], Fig. 4A; Electrothermal element 1 comprises an auxiliary layer 300 (infrared radiation layer) is deposited on the substrate 100 for increasing the thermal uniformity of the electrothermal element 1 and also convert the thermal energy of the electrothermal element 1 itself into infrared radiation);
an electrothermal part arranged on the infrared radiation layer ([0023], [0027], Fig. 4A; Electrothermal element 1 comprises an electrothermal layer 200 (electrothermal part) is deposited on the auxiliary layer 300 which produces heat and emits infrared when being connected electrically);
wherein the electrothermal part is configured to receive electric power to generate heat and transfer the heat generated to the infrared radiation layer ([0023], [0027], Fig. 4A; Electrothermal layer 200 (electrothermal part) is configured to receive electric power via electrode 210 to generate heat and transfer the heat generated to auxiliary layer 300 (infrared radiation layer));
the infrared radiation layer is configured to receive the heat transferred by the electrothermal part to generate infrared rays ([0023], [0027], Fig. 4A; Auxiliary layer 300 (infrared radiation layer) is configured to receive the heat transferred by electrothermal layer 200 (electrothermal part) to generate infrared rays).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the infrared radiation layer taught by Zhou in view of Du with the infrared radiation layer and electrothermal part in the configuration taught by Hsu such that the heater comprises an electrothermal part arranged on the infrared radiation layer; wherein the electrothermal part is configured to receive the electric power to generate heat and transfer the heat generated to the infrared radiation layer; the infrared radiation layer is configured to receive the heat transferred by the electrothermal part to generate infrared rays, and at least transfer the energy of the infrared rays to the aerosol-forming matrix by radiation because Zhou and Hsu are directed to infrared heating, Hsu demonstrate that the heating configuration provides fast heating, thermal uniformity, enhanced emissivity (Hsu, [0004]-[0006], [0023], [0027]), and this involves substituting one infrared heating configuration for another to yield predictable results.
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 109077358 A, English Translation) in view of Chen (US 2015/0150306 A1) and Du (US 2024/0373515 A1), as evidenced by Greminger (US 2011/0096440 A1).
Regarding Claim 16, Zhou, directed to electronic cigarettes ([0002]), teaches smoking device ([0002], [0028], [0040], Figs. 1-2; The electronic cigarette (smoking device) comprises the nano-far-infrared segmented heating device shown in Figs. 1-2) comprising:
a heater ([0002], [0028], [0040], Figs. 1-2; The electronic cigarette (smoking device) comprises the nano-far-infrared segmented heating device shown in Figs. 1-2), wherein the heater comprises:
a heating body, in which a space for containing an aerosol-forming matrix is formed ([0028]-[0031], Figs. 1-2; The nano-far-infrared segmented heating device comprises heat conducting member 20 (heating body), wherein a heating chamber 26 which can be filled with tobacco is formed inside the heat conducting member 20. Tobacco is an aerosol-forming matrix; see instant specification, [0034]);
the heating body being configured to receive electric power from a power supply to generate heat, and transfer the heat to the aerosol-forming matrix so as to volatilize at least one component in the aerosol-forming matrix ([0028]-[0031], Figs. 1-2; Heat conducting member 20 (heating body) is configured to receive power from an external power source via conductive coatings 21,22,23 to generate heat, and transfer the heat to the tobacco (aerosol-forming matrix) within heating chamber 26. As tobacco is a known aerosol-forming matrix and the heating body is configured to transfer heat to the aerosol forming matrix, the device of Zhou is necessarily capable of volatilizing at least one component in the aerosol-forming matrix);
an electrode part, at least comprising a first electrode and a second electrode arranged on the heating body at intervals ([0029]-[0031], Figs. 1-2; Conductive coatings 21,22,23 are arranged on the heat conducting member 20 (heating body) at intervals. The electrodes may be conductive coatings; see instant specification, [0040]. Therefore, conductive coatings 21,22,23 form an electrode part, at least comprising conductive coating 21 (first electrode) and conductive coating 23 (second electrode)),
both the first electrode and the second electrode being electrically connected with the heating body and configured to feed the electric power to the heating body ([0029]-[0031], Figs. 1-2; Conductive coatings 21,22,23 are electrically connected with conducting member 20 (heating body) and configured to feed the electric power an external power source to conducting member 20),
but does not teach the smoking device comprising i) a housing assembly, wherein the heater is arranged in the housing assembly; and ii) at least one electrode connector, comprising an abutting part and an extension part integrally formed with the abutting part; the abutting part abutting against the electrode part to be electrically connected with the electrode part, and the extension part being configured to extend the electrode part to a position away from the heating body through electrical connection; wherein the abutting part comprises a body and an elastic contacting part connected with the body, and the abutting part is mounted on the electrode part by the elastic force of the elastic contacting part, and the body abuts against an end surface of the heating body for limiting relative positions of the abutting part and the heating body so as to locate the elastic contacting part at a position of the electrode part; and the extension part extends from the body in the direction away from the heating body.
With respect to i), Chen, directed to tubular heaters ([0001]), teaches an electronic cigarette ([0024], Fig. 2; Electronic cigarette 100), comprising:
a housing assembly ([0024], Fig. 2; Electronic cigarette 100 comprises a housing assembly formed by the outer surfaces of mouthpiece 110, atomizer assembly 120, first connecting assembly 130, second connecting assembly 140, power assembly 150, and base cover 170);
wherein a heater is arranged in the housing assembly ([0024], [0027], Fig. 2; Atomizer assembly 120 including heating element 124 is arranged in the housing assembly as defined above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the smoking device taught by Zhou in view of Chen wherein the heater arranged within a housing assembly as taught by Chen because Chen demonstrates that housing assembly contains the internal components of the smoking device and defines the outer surface of the smoking device (Chen, [0024], Fig. 2), and this involves combining prior art elements according to known methods to yield predictable results.
Zhou in view of Chen does not teach the smoking device comprising ii) at least one electrode connector, comprising an abutting part and an extension part integrally formed with the abutting part; the abutting part abutting against the electrode part to be electrically connected with the electrode part, and the extension part being configured to extend the electrode part to a position away from the heating body through electrical connection; wherein the abutting part comprises a body and an elastic contacting part connected with the body, and the abutting part is mounted on the electrode part by the elastic force of the elastic contacting part, and the body abuts against an end surface of the heating body for limiting relative positions of the abutting part and the heating body so as to locate the elastic contacting part at a position of the electrode part; and the extension part extends from the body in the direction away from the heating body.
With respect to ii), Du, directed to tubular heaters ([0001]), teaches a tubular heater ([0051], Figs. 1-5; The apparatus of Figs. 1-5 is a tubular thick film heater with a protection function), comprising:
a heating body ([0051], Figs. 1-5; The apparatus of Figs. 1-5 comprises tubular heater assembly 10 (heating body));
an electrode part being electrically connected with the heating body and configured to feed the electric power to the heating body ([0062], Fig. 6-7; Tubular heater assembly 10 includes an inner tube 1, an outer tube 21, and a heating assembly 20 mounted on an outer peripheral wall of the outer tube 21. [0070]-[0071], Heating assembly 20 comprises a heating circuit 22 including multiple heating resistors 221 and electrodes 222. A power source is connected to the electrodes 222, so that the heating resistors 221 generate heat); and
at least one electrode connector, comprising an abutting part and an extension part extending from the abutting part ([0051]-[0052], Figs. 1-7; The tubular thick film heater protection apparatus is configured to protect the tubular heater assembly 10 and includes an upper tube 40 and a base 60. A lower portion of the tubular heater assembly 10 is sleeved inside a lower groove 63 of a base 60. [0054], Base 60 is provided with an elastic contact piece 62, wherein a terminal contact of the elastic contact piece 62 can be connected to an electrode 222 on the outer tube 21 of the tubular heater assembly 10. Base 60 is provided with a wiring terminal 65, the wiring terminal 65 is electrically connected to the elastic contact piece 62, and the wiring terminal 65 can be externally connected to a power supply. Fig. 5 shows that base 60 forms an abutting part which directly abuts electrode 222. Fig. 2 shows that the wiring terminal 65 forms extension part extending from base 60 (abutting part));
the abutting part abutting against the electrode part to be electrically connected with the electrode part ([0054], Figs. 1-7; Base 60 is provided with an elastic contact piece 62, wherein a terminal contact of the elastic contact piece 62 can be electrically connected to an electrode 222 (electrode part) on the outer tube 21 of the tubular heater assembly 10), and
the extension part being configured to extend the electrode part to a position away from the heating body through electrical connection ([0054], Figs. 1-7; Base 60 is provided with an elastic contact piece 62, wherein a terminal contact of the elastic contact piece 62 can be connected to an electrode 222 on the outer tube 21 of the tubular heater assembly 10. Base 60 is provided with a wiring terminal 65, the wiring terminal 65 is electrically connected to the elastic contact piece 62, and the wiring terminal 65 can be externally connected to a power supply. Fig. 2 shows that the wiring terminal 65 (extension part) extending from base 60 (abutting part) configured to extend electrode 222 (electrode part) to a position away from tubular heater assembly 10 (heating body) through electrical connection);
wherein the abutting part comprises a body and an elastic contacting part connected with the body ([0054], Figs. 1-7; Base 60 (abutting part) comprises a body formed by the ring-shaped section including groove 63. Base 60 comprises elastic contact piece 62 connected with the body), and
the abutting part is mounted on the electrode part by the elastic force of the elastic contacting part ([0054], Figs. 1-7; Base 60 (abutting part) is mounted on electrode 222 (electrode part) by elastic forces of the elastic contact piece 62), and
the body abuts against an end surface of the heating body for limiting relative positions of the abutting part and the heating body so as to locate the elastic contacting part at a position of the electrode part ([0054], Figs. 1-7; The body of base 60 (specifically groove 63) abuts against an end surface of tubular heater assembly 10 (heating body) for limiting relative positions of body 60 (abutting part) and tubular heater assembly 10 (heating body) so as to locate elastic contact piece 62 at a position of the electrode 222 (electrode part)); and
the extension part extends from the body in the direction away from the heating body ([0054], Figs. 1-7; Wiring terminal 65 (extension part) extends from the body of base 60 in the direction away from tubular heater assembly 10).
It would have been obvious to one of ordinary skill in the art to provide the electronic cigarette taught by Zhou with the electrode connector of Du to electrically connect the electrode part to a power supply because Zhou and Du are directed to tubular heaters, Du demonstrates that the electrode connector is a suitable configuration for connecting an electrode located on an external surface of tubular heater to a power supply (Du, [0051]-[0071], Figs. 1-7), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 17, Zhou in view of Chen and Du teaches the smoking device according to claim 16. Zhou further teaches the heater wherein the heating body presents a tubular shape and has a first end and a second end opposite to the first end ([0028]-[0031], Figs. 1-2; Heat conducting member 20 (heating body) presents a tubular shape, and has a first end at its lower end (as shown in Fig. 1) and a second end at its upper end opposite the first end),
the first electrode is arranged at the first end and the second electrode is arranged at the second end of the heating body ([0028]-[0031], Figs. 1-2; Conductive coating 21 (first electrode) is arranged at the first (lower) end. Conductive coating 23 (second electrode) is arranged at the second (upper) end).
Regarding Claim 18, Zhou in view of Chen and Du teaches the smoking device according to claim 16. Zhou further teaches the heater wherein the heating body comprises: a base, in which the space is formed ([0029]-[0030], Figs. 1-2; Heat conducting member 20 (heating body) comprises a base, in which heating chamber 26 (space) is formed);
an infrared electrothermal coating formed on the base; the infrared electrothermal coating is configured to receive the electric power to generate heat so as to generate infrared rays, and at least transfer the energy of the infrared rays to the aerosol-forming matrix by radiation ([0029]-[0030], Figs. 1-2; Heat conducting member 20 (heating body) comprises a nano far-infrared coating 24,25 (infrared electrothermal coating) formed on the base. The nano far-infrared coating 24,25 is configured to receive electrical power from the external power source via conductive coatings 21,22,23. Upon being energized, the nano far-infrared coating generates infrared light rays which are transferred to the tobacco (aerosol-forming matrix) by radiation. Zhou does not mention the inclusion of an additional electrothermal element, and therefore it is reasonably understood that the infrared coating performs the conversion of electrical energy to thermal energy).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 109077358 A, English Translation) in view of Chen (US 2015/0150306 A1) and Du (US 2024/0373515 A1) as applied to Claim 16, and further in view of Hsu (US 2014/0314396 A1).
Regarding Claim 19, Zhou further teaches the smoking device wherein the heating body comprises: a base, in which the space is formed ([0029]-[0030], Figs. 1-2; Heat conducting member 20 (heating body) comprises a base, in which heating chamber 26 (space) is formed);
an infrared radiation layer formed on the base; the infrared radiation layer is configured to receive the electric power to generate heat so as to generate infrared rays, and at least transfer the energy of the infrared rays to the aerosol-forming matrix by radiation ([0029]-[0030], Figs. 1-2; Heat conducting member 20 (heating body) comprises a nano far-infrared coating 24,25 (infrared electrothermal coating) formed on the base. The nano far-infrared coating 24,25 is configured to receive electrical power from the external power source via conductive coatings 21,22,23. Upon being energized, the nano far-infrared coating generates infrared light rays which are transferred to the tobacco (aerosol-forming matrix) by radiation),
but does not teach the smoking device comprising an electrothermal part arranged on the infrared radiation layer; wherein the electrothermal part is configured to receive the electric power to generate heat and transfer the heat generated to the infrared radiation layer; the infrared radiation layer is configured to receive the heat transferred by the electrothermal part to generate infrared rays, and at least transfer the energy of the infrared rays to the aerosol-forming matrix by radiation.
Hsu, directed to infrared heating ([0001]), teaches a heater ([0004], [0023], Fig. 4A; Electrothermal element 1 is used as a heater) comprising:
a base ([0023], [0027], Fig. 4A; Electrothermal element 1 comprises substrate 100, upon which a plurality of layers 400, 300, 200 are deposited);
an infrared radiation layer formed on the base ([0023], [0027], Fig. 4A; Electrothermal element 1 comprises an auxiliary layer 300 (infrared radiation layer) is deposited on the substrate 100 for increasing the thermal uniformity of the electrothermal element 1 and also convert the thermal energy of the electrothermal element 1 itself into infrared radiation);
an electrothermal part arranged on the infrared radiation layer ([0023], [0027], Fig. 4A; Electrothermal element 1 comprises an electrothermal layer 200 (electrothermal part) is deposited on the auxiliary layer 300 which produces heat and emits infrared when being connected electrically);
wherein the electrothermal part is configured to receive electric power to generate heat and transfer the heat generated to the infrared radiation layer ([0023], [0027], Fig. 4A; Electrothermal layer 200 (electrothermal part) is configured to receive electric power via electrode 210 to generate heat and transfer the heat generated to auxiliary layer 300 (infrared radiation layer));
the infrared radiation layer is configured to receive the heat transferred by the electrothermal part to generate infrared rays ([0023], [0027], Fig. 4A; Auxiliary layer 300 (infrared radiation layer) is configured to receive the heat transferred by electrothermal layer 200 (electrothermal part) to generate infrared rays).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the infrared radiation layer taught by Zhou in view of Chen and Du with the infrared radiation layer and electrothermal part in the configuration taught by Hsu such that the heater comprises an electrothermal part arranged on the infrared radiation layer; wherein the electrothermal part is configured to receive the electric power to generate heat and transfer the heat generated to the infrared radiation layer; the infrared radiation layer is configured to receive the heat transferred by the electrothermal part to generate infrared rays, and at least transfer the energy of the infrared rays to the aerosol-forming matrix by radiation because Zhou and Hsu are directed to infrared heating, Hsu demonstrate that the heating configuration provides fast heating, thermal uniformity, enhanced emissivity (Hsu, [0004]-[0006], [0023], [0027]), and this involves substituting one infrared heating configuration for another to yield predictable results.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN 109077358 A, English Translation) in view of Chen (US 2015/0150306 A1) and Du (US 2024/0373515 A1) as applied to Claim 16, and further in view of Jochnowitz (US 2021/0235762 A1).
Regarding Claim 20, Zhou in view of Chen and Du does not teach the smoking device wherein the smoking device further comprises a hollow heat insulation pipe arranged on the periphery of the base; and the heat insulation pipe is configured to at least partially prevent the conduction of heat from the heater to the housing assembly.
Jochnowitz, directed to electronic cigarettes ([0001]-[0002]), teaches a smoking device ([0059], Fig. 1; Aerosol-generating device 10) comprising:
a housing assembly and a heater arranged in the housing assembly ([0059], [0068], Fig. 1; Aerosol-generating device 10 includes housing 11, and heating assembly 20); wherein the heater comprises:
a heating body, in which a space for containing an aerosol-forming matrix is formed ([0059], [0062]-[0063], Fig. 1; Heating assembly 20 comprises a cup-shaped heating chamber 30 defined by sleeve portion 31 and bottom portion 32. Chamber 30 receives the aerosol-generating article 60),
the heating body comprising a base ([0059], [0062]-[0063], Fig. 1; Heating chamber 30 is the base),
wherein the smoking device further comprises a hollow heat insulation pipe arranged on the periphery of the base; and the heat insulation pipe is configured to at least partially prevent the conduction of heat from the heater to the housing assembly ([0068], Fig. 1; Thermally insulating material 17 is arranged on the periphery of chamber 30, and is configured to prevent the conduction of heat from heating assembly 20 to housing 11. Thermally insulating material 17 has the form of a hollow heat insulation pipe).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the smoking device taught by Zhou in view of Chen and Du further comprising a hollow heat insulation pipe arranged on the periphery of the base, wherein the heat insulation pipe is configured to at least partially prevent the conduction of heat from the heater to the housing assembly as taught by Jochnowitz because Zhou, Chen, and Jochnowitz are directed to electronic cigarettes, Jochnowitz demonstrates that the hollow heat insulation pipe advantageously prevents a user to be burnt when holding the device (Jochnowitz, [0068], Fig. 1), and this involves combining prior art elements according to known methods to yield predictable results.
Conclusion
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/J.M.M./
Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755