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.
Election/Restriction
Applicant’s election without traverse of Species A2, B1, C3, D2, E1, F1, G1, and H2, corresponding to claims 1-2 and 7-21, in the reply filed on 10/21/2025 is acknowledged.
Claims 3-6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/21/2025.
Status of the Claims
Claims 1-21 are pending. Claims 3-6 are withdrawn.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 2, 7-16, 18, 20, and 21 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu (CN 109068417 A1, using the translation provided by Applicant with the IDS dated 11/11/2022).
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).
Regarding claim 2, Liu 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 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 discloses every required limitation of claim 7.
Regarding claim 8, Liu 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 discloses every required limitation of claim 8.
Regarding claim 9, Liu discloses the heating assembly of claim 7 as discussed above. Liu further discloses wherein the heating circuit comprises a first heating circuit (see Fig. 4 below, annotated by examiner), the conductive circuit comprises a first conductive circuit (“first main part 10221”, Fig. 4), and the first heating circuit and the first conductive circuit coincide in the overlapping region (see Fig. 4 below, annotated by examiner), wherein the first heating circuit is distributed in a U shape (see Fig. 4 below, annotated by examiner), and the first conductive circuit is connected to both ends of the U-shaped first heating circuit (as the first heating circuit is electrically conductive and continuous, the first conductive circuit is electrically connected to both ends of the U-shaped first heating circuit). 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 discloses every required limitation of claim 9.
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Figure 4 of Liu, Annotated by Examiner to show First Heating Circuit
Regarding claim 10, Liu discloses the heating assembly of claim 9 as discussed above. Liu further discloses wherein the heating circuit further comprises a second heating circuit (see Fig. 4 below, annotated by examiner), the conductive circuit further comprises a second conductive circuit (“second main part 10222”, Fig. 4), and the second heating circuit and the second conductive circuit coincide in the overlapping region (see Fig. 4 below, annotated by examiner), wherein the second heating circuit is distributed in a U shape (see Fig. 4 below, annotated by examiner), and the second conductive circuit is connected to both ends of the U-shaped second heating circuit (as the second heating circuit is electrically conductive and continuous, the second conductive circuit is electrically connected to both ends of the U-shaped second heating circuit). 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 discloses every required limitation of claim 10.
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Figure 4 of Liu, Annotated by Examiner to show Second Heating Circuit
Regarding claim 11, Liu 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 copies of Fig. 4 above), and the second heating circuit and the second conductive circuit are located on an inner side of the first heating circuit and the first conductive circuit (see annotated copies of Fig. 4 above).
Regarding claim 12, Liu 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 discloses every required limitation of claim 12.
Regarding claim 13, Liu 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 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 discloses every required limitation of claim 14.
Regarding claim 15, Liu 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 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 discloses every required limitation of claim 16.
Regarding claim 18, Liu 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 discloses every required limitation of claim 18.
Regarding claim 20, Liu discloses the heating assembly of claim 10 as discussed above. Liu further discloses wherein a resistance of the first heating circuit located in the conductive region (the resistance being none as there is no portion of the first heating circuit in the conductive region) is equal to a resistance of the second heating circuit located in the conductive region (the resistance being none as there is no portion of the second heating circuit in the conductive region).
Regarding claim 21, Liu discloses a heating vaporization device (“aerosol generating device 2”, Fig. 6), comprising:
the heating assembly of claim 1 (“heating device 1”, Fig. 6); 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).
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.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 109068417) as applied to claim 8 above.
Regarding claim 17, Liu 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.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 109068417) as applied to claim 10 above.
Regarding claim 19, Liu discloses the heating assembly of claim 10 as discussed above.
Liu does not explicitly disclose wherein a resistance of the first heating circuit is 0.5-2 ohms. However, Liu teaches that the first heating circuit provides heat. The efficacy of the first heating circuit for this result depends on its resistance. If the resistance is too low, then not enough electrical power is converted into heat. If the resistance is too high, then it requires a substantially large current to generate heat. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to optimize the resistance of the first heating circuit such that it falls within the claimed range. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." (In re Aller, 105 USPQ 233 (C.C.P.A. 1955); MPEP § 2144.05(II)(A)).
Conclusion
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/C.G.C./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747