DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of the Claims
Claims 1-21 are pending. Claims 3-6 are withdrawn. Claims 1 and 9-12 have been amended.
Response to Amendments
The Examiner acknowledges Applicant's response filed on 5/6/2026 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, see pages 7-1 of Remarks filed 5/6/2026, with respect to the rejection of claim 1 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. The Applicant has amended claim 1 to include limitations that were not previously presented and are not anticipated by Liu. Therefore, the rejection has been withdrawn. However, upon further consideration, new grounds of rejection are made in view of newly found prior art Ding in combination with previously presented prior art Liu.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2 and 7-21 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 109068417 A1, using the translation provided by Applicant with the IDS dated 11/11/2022) in view of Ding et al. (CN 209573237 U, a translation of which has been provided for reference).
Regarding claim 1, Liu discloses a heating assembly (“heating device 1”, Fig. 4), comprising:
a heating element comprising a substrate (“first substrate 101”, Fig. 4) and a heating region (“first area 1011”, Fig. 4), an overlapping region (“second area 1012”, Fig. 4) and a conductive region (“third area 1013”, Fig. 4) being located on the substrate (see Fig. 4) and sequentially distributed in an axial direction of the substrate and connected (see Fig. 4), the heating region being provided with a heating circuit (“heating part 1021”, Fig. 4) which extends to the overlapping region (see Fig. 4), and the conductive region being provided with a conductive circuit (“interconnecting piece 1022”, Fig. 4) which extends to the overlapping region and is connected with the heating circuit in an overlapping manner or in parallel (see Fig. 4); and
a fixing base (“mounting base 103”, Fig. 4), one end of the fixing base fixing the heating element (see Fig. 4), the fixing base being at least partially in contact with the overlapping region (see Fig. 4),
wherein the heating circuit comprises a first heating circuit (see annotated copy of Fig. 4 below) and a second heating circuit (see annotated copy of Fig. 4 below), the conductive circuit comprises first conductive circuits (“first main part 10221” and “second main part 10222”, Fig. 4), the first heating circuit and the first conductive circuits coincide in the overlapping region (see Fig. 4),
wherein the first heating circuit is distributed in a U shape and has two ends (see Fig. 4), each end of the U-shaped first heating circuit being connected to a respective first conductive circuit of the first conductive circuits (see Fig. 4),
wherein the second heating circuit is distributed in a U shape and has two ends (see Fig. 4).
Liu does not disclose second conductive circuits coinciding with the second heating circuit in the overlapping region such that each end of the U-shaped second heating circuit is connected to a respective second conductive circuit of the second conductive circuits or that the second heating circuit has a resistivity greater than that of the first heating circuit, and is configured to generate less heat than the first heating circuit during operation and to measure temperature.
Ding, in the same field of endeavor, discloses forming a heating circuit to comprise a U-shaped first heating circuit (“first resistor region 31”, Fig. 1, ¶ 0026), and a U-shaped second heating circuit (“second resistor region 31’”, Fig. 1, ¶ 0026) such that each end of the U-shaped second heating circuit is connected to a respective second conductive circuit (the two portions of “conductive layer . . . 32’”, Fig. 1, ¶ 0026), and
wherein the second heating circuit is configured to generate less heat than the first heating circuit during operation (as the first and second heating circuits of Ding are independently controllable, ¶ 0029, the second heating circuit is configured to generate less heat than the first heating circuit as current may be sent through the first heating circuit while not sending current through the second heating circuit) and to measure temperature (“monitoring the temperature of the heating element”, ¶ 0027).
Ding discloses an advantage to this configuration in that it is used for “ensuring the heating rate of the heating element and accurately monitoring its temperature” (¶ 0027). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to form second conductive circuits in the heating assembly of Liu such that the second heating circuit of Liu and the second conductive circuits coincide in the overlapping region and each end of the second heating circuit is connected to a respective second conductive circuit of the second conductive circuits, as taught by Ding, in order to obtain this benefit.
Ding does not explicitly disclose that the second heating circuit has a resistivity greater than that of the first heating element. However, the resistances of the first and second heating circuits are result-effective variables for controlling the amount and rate of heat generated (as the heating circuits are resistive heating circuits). As such, adjusting the resistances of the first and second heating circuits such that the second heating circuit has a resistivity greater than that of the first heating circuit amounts to discovering the workable ranges by routine experimentation and therefore would have been obvious to one having ordinary skill in the art (MPEP 2144.05(II)(A)).
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Figure 4 of Liu, Annotated by Examiner to show First Heating Circuit and Second Heating Circuit
Regarding claim 2, Liu in view of Ding discloses the heating assembly of claim 1 as discussed above. Liu further discloses wherein the substrate comprises a sheet-like substrate (“the first substrate (101) is a sheet structure”, claim 6 of Liu).
Regarding claim 7, Liu in view of Ding discloses the heating assembly of claim 2 as discussed above. The remaining limitations of claim 7 further limit the columnar substrate option. However, claim 7 does not exclude the sheet-like substrate option and does not further limit the sheet-like substrate option. As Liu discloses the sheet-like substrate option (see the rejection of claim 2 above), Liu in view of Ding discloses every required limitation of claim 7.
Regarding claim 8, Liu in view of Ding discloses the heating assembly of claim 7 as discussed above. Liu further discloses wherein one surface of the sheet-like substrate is provided with the heating region, the overlapping region and the conductive region (see Fig. 4). With regards to the conductive disc and the placement thereof, the conductive disc as claimed is a feature of the columnar substrate option (see Applicant’s claim 7) and does not further limit the sheet-like substrate option. As Liu discloses the sheet-like substrate option (see the rejection of claim 2 above), Liu in view of Ding discloses every required limitation of claim 8.
Regarding claim 9, Liu in view of Ding discloses the heating assembly of claim 7 as discussed above. With regards to the conductive disc and the components thereof, the conductive disc as claimed is a feature of the columnar substrate option (see Applicant’s claim 7) and does not further limit the sheet-like substrate option. As Liu discloses the sheet-like substrate option (see the rejection of claim 2 above), Liu in view of Ding discloses every required limitation of claim 9.
Regarding claim 10, Liu in view of Ding discloses the heating assembly of claim 9 as discussed above. With regards to the conductive disc and the components thereof, the conductive disc as claimed is a feature of the columnar substrate option (see Applicant’s claim 7) and does not further limit the sheet-like substrate option. As Liu discloses the sheet-like substrate option (see the rejection of claim 2 above), Liu in view of Ding discloses every required limitation of claim 10.
Regarding claim 11, Liu in view of Ding discloses the heating assembly of claim 10 as discussed above. Liu further discloses wherein the first heating circuit comprises one circuit connected in series with the first conductive circuit (see annotated copy of Fig. 4 above), and Ding discloses that the second heating circuit and the second conductive circuits are located on an inner side of the first heating circuit and the first conductive circuits (see Fig. 1 of Ding).
Regarding claim 12, Liu in view of Ding discloses the heating assembly of claim 11 as discussed above. The remaining limitations of claim 12 concern relative placements with respect to subcomponents of the conductive disc which is a feature of the columnar substrate option (see Applicant’s claim 7). However, claim 12 does not exclude the sheet-like substrate option and does not further limit the sheet-like substrate option. As Liu discloses the sheet-like substrate option (see the rejection of claim 2 above), Liu in view of Ding discloses every required limitation of claim 12.
Regarding claim 13, Liu in view of Ding discloses the heating assembly of claim 2 as discussed above. Liu further discloses wherein the sheet-like substrate comprises a base portion and a pointed portion (see Fig. 4 below, annotated by examiner) located at one end of the base portion, and wherein the heating region is close to the pointed portion (see Fig. 4 below, annotated by examiner).
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Figure 4 of Liu, Annotated by Examiner to show Pointed Portion and Base Portion
Regarding claim 14, Liu in view of Ding discloses the heating assembly of claim 13. The remaining limitations of claim 14 further limit the columnar substrate option. However, claim 14 does not exclude the sheet-like substrate option and does not further limit the sheet-like substrate option. As Liu discloses the sheet-like substrate option (see the rejection of claim 2 above), Liu in view of Ding discloses every required limitation of claim 14.
Regarding claim 15, Liu in view of Ding discloses the heating assembly of claim 8 as discussed above. Liu further discloses wherein a side of the heating region, the overlapping region, and the conductive region away from the substrate is provided with a covering protective layer (“second substrate 106”, Fig. 1), and wherein the protective layer exposes a part of the conductive region (via “notches 1064” in Fig. 1).
Regarding claim 16, Liu in view of Ding discloses the heating assembly of claim 7. The remaining limitations of claim 16 further limit the conductive disc which is a feature of columnar substrate option (see Applicant’s claim 7). However, claim 16 does not exclude the sheet-like substrate option and does not further limit the sheet-like substrate option. As Liu discloses the sheet-like substrate option (see the rejection of claim 2 above), Liu in view of Ding discloses every required limitation of claim 16.
Regarding claim 17, Liu in view of Ding discloses the heating assembly of claim 8 as discussed above. Liu further discloses wherein one surface of the sheet-like substrate is provided with an insulating layer (“insulating layer 107” on the top surface of substrate 101 in Fig. 2), and
wherein the heating region, the overlapping region and the conductive region are disposed on the insulating layer on one surface of the substrate (see Fig. 2).
Liu does not explicitly disclose that the bottom surface of the substrate is provided with an insulating layer.
However, Liu does disclose that bottom surfaces of substrates may be provided with insulating layers (bottom side of “second substrate 106” is provided with “insulating layer 108” in Fig. 2).
One of ordinary skill in the art would have understood that there was a benefit to providing both surfaces of substrate 101 with an insulating layer in that it provides protection against undesirable electrical shorts if the power supply were to contact the bottom of the substrate. Therefore, 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 bottom surface of Liu with an insulating layer, in order to obtain this benefit.
With regards to the conductive disc and the placement thereof, the conductive disc as claimed is a feature of the columnar substrate option (see Applicant’s claim 7) and does not further limit the sheet-like substrate option. As Liu discloses the sheet-like substrate option (see the rejection of claim 2 above), every required limitation of claim 17 is disclosed by or obvious over Liu in view of Ding.
Regarding claim 18, Liu in view of Ding discloses the heating assembly of claim 7. The remaining limitations of claim 18 further limit the heating film which is a feature of columnar substrate option (see Applicant’s claim 7). However, claim 18 does not exclude the sheet-like substrate option and does not further limit the sheet-like substrate option. As Liu discloses the sheet-like substrate option (see the rejection of claim 2 above), Liu in view of Ding discloses every required limitation of claim 18.
Regarding claim 19, Liu in view of Ding discloses the heating assembly of claim 10 as discussed above. Ding further discloses wherein the resistance of the first and second heating circuits ranges from 0.1-15 ohms (“0.1 Ω-15 Ω”, ¶ 0026). Since the range 0.1-15 ohms overlaps the claimed ranges of 0.5-2 ohms and 5-20 ohms, a prima facie case of obviousness exists (MPEP § 2144.05(I)).
Regarding claim 20, Liu in view of Ding discloses the heating assembly of claim 10 as discussed above. Ding does not explicitly disclose that a resistance of the second heating circuit located in the heating region is greater than a resistivity of the first heating element in the heating region. However, the resistances of the first and second heating circuits are result-effective variables for controlling the amount and rate of heat generated (as the heating circuits are resistive heating circuits). As such, adjusting the resistances of the first and second heating circuits such that a resistance of the second heating circuit located in the heating region is greater than a resistivity of the first heating element in the heating region amounts to discovering the workable ranges by routine experimentation and therefore would have been obvious to one having ordinary skill in the art (MPEP 2144.05(II)(A)).
Regarding claim 21, Liu in view of Ding disclose the heating assembly of claim 1 as stated above. Liu further discloses a heating vaporization device (“aerosol generating device 2”, Fig. 6), comprising:
a heating assembly (“heating device 1”, Fig. 6) which, in the combination of Liu in view of Ding, will be the heating assembly of claim 1 as discussed above; and
a power supply device (“power supply device 21”, Fig. 6), wherein the power supply device is connected with the heating assembly so as to supply power to the heating assembly (see Fig. 6).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY G CULBERT whose telephone number is (571)270-0874. The examiner can normally be reached Monday-Friday 9am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at (571)270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.G.C./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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