DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Status of the Claims
This office action is in response to Applicant’s amendment filed on 22 June 2026:
Claims 41-43 and 45-59 are pending
Claim 1-40 and 44 is cancelled
Claims 41 and 59 are amended
Response to Amendment
Applicant's amendments to the claims filed 22 June 2026 have been acknowledged.
Response to Arguments
Applicant’s arguments filed 22 June 2026, with respect to the rejection(s) of Claims 41 and 59 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive.
On Pages 6-11 of Applicant’s Remarks, Applicant has amended the claims to further recite a porous member, wherein the porous member comprises a recess defining a basin for holding aerosolisable material. Applicant argues that Simpson does not disclose a porous member and appears to argue that the porous member cannot be mapped to the reservoir disclosed by Simpson which is not disclosed to be porous.
Examiner notes that the porous member disclosed in the claims was not mapped to the reservoir, but to a wick component which is capable of holding liquid and thus would be considered equivalent to a porous member. However, Examiner agrees that in regards to the shape of the porous member, Simpson does not disclose the required basin and recess shape which is recited in the amended claims and therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Li et al (Publication No. US20210161207A1).
The following is a modified rejection based on amendments to the claims and the newly found prior art.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained through the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter 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 pre-AIA 35 U.S.C. 103(a) 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 under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 41, 47, 52-54 and 56-59 are rejected under 35 U.S.C. 103 as being unpatentable over Simpson et al (Publication No. WO2019116004A1) in view of Li et al (Publication No. US20210161207A1).
Regarding Claim 41, Simpson discloses a vapor (i.e., aerosol) provision system comprising:
a cartridge (2) and a control unit (4) (Figs. 1; [Abstract]);
wherein the cartridge (2) further comprises:
a vaporizer (40) for generating a vapor from an aerosolisable material (i.e., liquid) (Figs. 1-2; [Abstract]; Pg. 7, Lines 28-32);
an electrode post (46) for receiving electrical power (Figs. 1-2; Pg. 7, Lines 28-32; Pg. 9, Lines 24-27);
and a sealing member (Resilient plug 44) that extends around and partially along a length of the electrode (see Fig. 2; Pg. 11, Lines 3-12; seal/plug has holes for inserting the electrodes, implying that the seal extends and form around the electrode length when inserted);
wherein the electrode (46) extends between a first end and a second end, and the first end is located more proximal to the vaporizer (40) than the second end (see Fig. 2, annotated Fig. 6A; first end is shown to be closer to the vaporizer than the second end);
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wherein the sealing member (44) has a first portion (Wall 102) and second portion (Base 100) (see Figs. 1-2, 6A; Pg. 10, Lines 6-10);
the first portion (102) being more proximal to the vaporizer (40) than the second portion (100) (see Figs 1-2; Pg. 10, Lines 6-10; the first portion/wall of the sealing plug is shown to be closer/more proximal to the vaporizer than the base which is below the wall/first portion);
and the second portion being more proximal to a surface of the cartridge (Interface end 54) interfacing with the control unit (4) than the first portion (102) (see Figs. 1-2, 6A; Pg. 10, Lines 6-10; the base of the sealing plug is shown to be next to the interface surface whereas the first portion/wall is further away/less proximal as it is above the base);
and adjacent to the second end of the electrode (46) (see Figs. 1-2, 5B and 6A; Pg. 10, Lines 6-10 and 29-34; Pg. 11, Lines 3-12; the base additionally forms spacers 116 with holes 114 that allow insertion of the electrode posts; inserting the electrodes implies that sealing plug portion with the spacers will be adjacent to the electrode post second end located on the surface of the interface end 52 that directly faces the sealing plug member base/spacer portion).
Simpson further discloses a liquid reservoir formed by the space outside the air channel and inside the housing (32), wherein the reservoir is closed at the interface end by the resilient plug (44) and is engaged with a liquid transport element such as a wick (42) through openings defined by the wall (130) cradle sections (112) (see Figs. 4A-B; Page 12, Lines 2-7 and 24-36). Simpson does not disclose a porous member for use in holding aerosolisable material to be vaporized using the vaporizer, wherein the porous member comprises a recess defining a basin for holding the aerosolisable material.
However, directed to an electronic cigarette, discloses a similar atomizing assembly comprising a liquid storage cavity (10) located in a space outside of a smoke tunnel (30) (i.e., air channel) and housing (see Fig. 3; [0038]; the liquid cavity is shown to be compartmentalized by the smoke tunnel channel and the device outer housing). Liquid is guided to an atomizing component (40) via upper cover (20) which provides a liquid inlet hole (222) for communicating liquid from the storage to the atomizing component (40) (Fig. 3; [0038-0039]; the disclosed cover is similar to the wall component 130 disclosed by Simpson which also has openings/holes for guiding liquid). Simpson further discloses that the atomizing component (40) also serves as a liquid guiding element through its communication with the cover’s guiding member (22) and accommodating member (26) (see Figs. 2-4; [0039-0042]; the atomizing component has a basin design that is accommodated in the cavity space 262 where liquid is guided to).
As illustrated in Figs. 3-4, Simpson’s atomizing component (50) is configured to have a basin design comprising an inner recess, wherein the bottom of the basin recess is a porous base which liquid is guided to the atomization surface disposed on the bottom basin surface to be atomized via heat generated from atomizing films disposed on the bottom of the basin which are in connection with electrodes (see Figs. 2-6; [0043-44, 0053-0085]; the atomizing component has a porous base and therefore is considered equivalent to a porous member; the porous surface is disclosed to guide liquid to an atomizing surface which indicates that the porous surface is capable of holding aerosolizing liquid material; the electrodes are disclosed to pass through guide holes to electrically contact the heating film to generate heat). The porous base can comprise of materials such as porous ceramics which have stable chemical properties, high temperature resistance and easy to manufacture [0048]. Furthermore, the porosity can be adjusted according to the e-liquid composition to improve liquid guiding efficiency while also reducing the probability of leakage [0050].
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to change the liquid guiding element disclosed by Simpson from a wick and wire design to a composite atomizing component comprising a porous member and heating film as disclosed by Simpson, as both are directed to a heating and liquid guiding component(s) for an aerosolizing device, where Simpson teaches the advantage of using a porous atomizing component for its have stable chemical properties, high temperature resistance, ease of manufacturing, and adjustability of porosity based on e-liquid (i.e., aerosolizing material) composition to improve liquid guiding efficiency while also reducing the probability of leakage [0048, 0050]; this also involves substitution of one liquid guiding/heating mechanism (i.e., wick and wire) with another known mechanism (i.e., porous base and heating film) to a similar aerosolizing device to predictably yield a liquid guiding and heating component that is capable of guiding and aerosolizing a liquid by generating heat through electrical contact with electrodes and a power source.
Examiner notes that while Simpson’s wick design has the electrodes connected to the ends of the heating wire leads which Li does not have, Li instead directly extends the electrodes so that they are in direct contact with the heating element which in this case is the heating film. As such, they are similarly in that the heating component and electrodes are disposed in a proximal manner such that both components can maintain electrical contact. Thus, one ordinarily skilled in the art would recognize that when modifying Simpson with Li’s disclosure, the electrodes would be disposed in proximity of the heating component such that electrical contact is maintained.
Regarding Claim 47, Modified Simpson further discloses the aerosol provision system comprises a plurality of electrodes for receiving electrical power and a plurality of sealing members (see Fig. 2; Pg. 11, Lines 3-12; figures illustrate two electrode posts; sealing plug spacers 116 are considered equivalent to individual sealing members).
wherein each of the plurality of sealing members is electrically connected to the vaporizer and a respective one of the plurality of electrodes for transferring electrical power between the respective one of the plurality of electrodes and the vaporizer (Figs. 1-2; Pg. 9, Lines 22-27; discloses all electrodes are electrically connected to transfer power; see Claim 41 rejection for full modification; the heating wire is replaced with a heating film, wherein the electrodes are designed to be proximal to the film to maintain electrical contact).
Regarding Claim 52, Simpson further discloses the sealing member is in the form of a jacket that extends at least partially around the electrode (Figs. 1-2; Pg. 11, Lines 6-12; electrodes are inserted into the sealing plug, which implies the sealing member is a jacketing the electrode posts).
Regarding Claim 53, Simpson further discloses the electrodes (46) are located in a primary recess (Holes 114) in the jacket/plug (Figs. 1-2; [0032]; Pg. 11, Lines 6-12; electrodes are inserted into the sealing plug holes).
Regarding Claim 54, Simpson further discloses the jacket extends around and along at least a length of the electrode (Figs. 1-2; Pg. 11, Lines 6-12; electrodes are inserted into the sealing plug, which implies the jacket/plug extends around at least the length of the inserted portion of the electrode posts).
Regarding Claim 56, Simpson further discloses the vaporizer (40) comprises a heating element (see Claim 41 rejection for full modification to incorporate Li’s atomizing component; Li, Figs. 4-6; [0082-0085]; the atomizing component’s film is equivalent to a heating element).
Regarding Claim 57, Modified Simpson further discloses a reservoir for aerosolisable material (i.e., liquid) (Fig. 1; [Abstract]);
wherein the vaporizer is configured to receive the aerosolisable material from the reservoir (Simpson, Pg. 12, Lines 24-36; Pg. 13, Lines 1-2; vaporizer receives liquid from the reservoir via capillary wick; see Claim 41 rejection for full modification; the wick has been replaced with Li’s porous atomizing component which has a basin configuration that can guide liquid to the porous base disposed on the bottom of the basin recess).
Regarding Claim 58, Simpson further discloses the control unit comprises a cartridge (2) receiving section (End cap 48) that includes an interface (54) arranged to cooperatively engage with the cartridge so as to releasably couple the cartridge to the control unit (see Figs. 1-2; Pg. 2, Lines 29-34; Pg. 7, Lines 28-32; Pg. 13, Lines 3-5; cartridge is releasably coupled to the control unit via latching element 40 that slots into the surface of the foot part).
and wherein the control unit (4) further comprises a power supply for delivering electrical power to the electrode (46) for powering the vaporizer ([Abstract]; Pg. 2, Lines 33-34; Pg. 3, Lines 1-2; Pg. 9, Lines 24-27; electrode posts establish an electrical connection to the power supply and control unit to receive power).
Regarding Claim 59, Simpson further discloses a cartridge (2) for a vapor (i.e., aerosol) provision system comprising the cartridge (2) and a control unit (4) (Figs. 1, 4; [0004, 0027]; cartridge and cartomizer are equivalent);
the cartridge comprising:
a vaporizer (40) for generating a vapor from an aerosolisable material (i.e., liquid) (Figs. 1-2; [Abstract]; Pg. 7, Lines 28-32);
an electrode post (46) for receiving electrical power (Figs. 1-2; Pg. 7, Lines 28-32; Pg. 9, Lines 24-27);
and a sealing member (Resilient plug 44) that extends around and partially along a length of the electrode (see Fig. 2; Pg. 11, Lines 3-12; seal/plug has holes for inserting the electrodes, implying that the seal extends and form around the electrode length when inserted);
wherein the electrode (46) extends between a first end and a second end, and the first end is located more proximal to the vaporizer (40) than the second end (see Fig. 2, annotated Fig. 6A; first end is shown to be closer to the vaporizer than the second end);
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wherein the sealing member (44) has a first portion (Wall 102) and second portion (Base 100) (see Figs. 1-2, 6A; Pg. 10, Lines 6-10);
the first portion (102) being more proximal to the vaporizer (40) than the second portion (100) (see Figs 1-2; Pg. 10, Lines 6-10; the first portion/wall of the sealing plug is shown to be closer/more proximal to the vaporizer than the base which is below the wall/first portion);
and the second portion being more proximal to a surface of the cartridge (Interface end 54) interfacing with the control unit (4) than the first portion (102) (see Figs. 1-2, 6A; Pg. 10, Lines 6-10; the base of the sealing plug is shown to be next to the interface surface whereas the first portion/wall is further away/less proximal as it is above the base);
and adjacent to the second end of the electrode (46) (see Figs. 1-2, 5B and 6A; Pg. 10, Lines 6-10 and 29-34; Pg. 11, Lines 3-12; the base additionally forms spacers 116 with holes 114 that allow insertion of the electrode posts; inserting the electrodes implies that sealing plug portion with the spacers will be adjacent to the electrode post second end located on the surface of the interface end 52 that directly faces the sealing plug member base/spacer portion).
Simpson further discloses a liquid reservoir formed by the space outside the air channel and inside the housing (32), wherein the reservoir is closed at the interface end by the resilient plug (44) and is engaged with a liquid transport element such as a wick (42) through openings defined by the wall (130) cradle sections (112) (see Figs. 4A-B; Page 12, Lines 2-7 and 24-36). Simpson does not disclose a porous member for use in holding aerosolisable material to be vaporized using the vaporizer, wherein the porous member comprises a recess defining a basin for holding the aerosolisable material.
However, directed to an electronic cigarette, discloses a similar atomizing assembly comprising a liquid storage cavity (10) located in a space outside of a smoke tunnel (30) (i.e., air channel) and housing (see Fig. 3; [0038]; the liquid cavity is shown to be compartmentalized by the smoke tunnel channel and the device outer housing). Liquid is guided to an atomizing component (40) via upper cover (20) which provides a liquid inlet hole (222) for communicating liquid from the storage to the atomizing component (40) (Fig. 3; [0038-0039]; the disclosed cover is similar to the wall component 130 disclosed by Simpson which also has openings/holes for guiding liquid). Simpson further discloses that the atomizing component (40) also serves as a liquid guiding element through its communication with the cover’s guiding member (22) and accommodating member (26) (see Figs. 2-4; [0039-0042]; the atomizing component has a basin design that is accommodated in the cavity space 262 where liquid is guided to).
As illustrated in Figs. 3-4, Simpson’s atomizing component (50) is configured to have a basin design comprising an inner recess, wherein the bottom of the basin recess is a porous base which liquid is guided to the atomization surface disposed on the bottom basin surface to be atomized via heat generated from atomizing films disposed on the bottom of the basin which are in connection with electrodes (see Figs. 2-6; [0043-44, 0053-0085]; the atomizing component has a porous base and therefore is considered equivalent to a porous member; the porous surface is disclosed to guide liquid to an atomizing surface which indicates that the porous surface is capable of holding aerosolizing liquid material; the electrodes are disclosed to pass through guide holes to electrically contact the heating film to generate heat). The porous base can comprise of materials such as porous ceramics which have stable chemical properties, high temperature resistance and easy to manufacture [0048]. Furthermore, the porosity can be adjusted according to the e-liquid composition to improve liquid guiding efficiency while also reducing the probability of leakage [0050].
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to change the liquid guiding element disclosed by Simpson from a wick and wire design to a composite atomizing component comprising a porous member and heating film as disclosed by Simpson, as both are directed to a heating and liquid guiding component(s) for an aerosolizing device, where Simpson teaches the advantage of using a porous atomizing component for its have stable chemical properties, high temperature resistance, ease of manufacturing, and adjustability of porosity based on e-liquid (i.e., aerosolizing material) composition to improve liquid guiding efficiency while also reducing the probability of leakage [0048, 0050]; this also involves substitution of one liquid guiding/heating mechanism (i.e., wick and wire) with another known mechanism (i.e., porous base and heating film) to a similar aerosolizing device to predictably yield a liquid guiding and heating component that is capable of guiding and aerosolizing a liquid by generating heat through electrical contact with electrodes and a power source.
Examiner notes that while Simpson’s wick design has the electrodes connected to the ends of the heating wire leads which Li does not have, Li instead directly extends the electrodes so that they are in direct contact with the heating element which in this case is the heating film. As such, they are similarly in that the heating component and electrodes are disposed in a proximal manner such that both components can maintain electrical contact. Thus, one ordinarily skilled in the art would recognize that when modifying Simpson with Li’s disclosure, the electrodes would be disposed in proximity of the heating component such that electrical contact is maintained.
Claims 42, 43, and 48 are rejected under 35 U.S.C. 103 as being unpatentable over Simpson et al (Publication No. WO2019116004A1) and Li et al (Publication No. US20210161207A1) as applied to Claim 41 above, and further in view of Althorpe et al (Publication No. US20200107586A1).
Regarding Claim 42, Simpson further discloses that the sealing member (44) is made of silicone material (Pg. 10, Lines 6-10; silicone is considered heat resistant).
Simpson does not disclose the sealing member is at least partially composed of a heat-resistant and electrically conductive composite material.
However, Althorpe, directed to a nicotine-delivery (i.e., aerosol) system, discloses a base plate (36) (i.e., sealing member) with passageways for electrical conductors (i.e., electrodes) to connect the electric heater (14) (i.e., vaporizer) to an internal power source (12) (Fig. 5A; [0055]). The base plate acts as a thermal barrier (i.e., is heat resistant) between the vaporization chamber (26) and other components within the device, wherein said plate can be formed from heat resistant materials such as metals, alloys, ceramics, thermoplastics, or composite materials containing such materials ([0049, 0056, 0059]; discloses that metal and/or metal-doped ceramic composites are considered electrically conductive).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the sealing plug member disclosed by Simpson to further comprise a heat-resistant and electrically conductive composite material as disclosed by Althorpe, as both are directed to an aerosol system, where Althorpe teaches the advantage of using a heat-resistant and electrically-conductive composite material to construct a thermal barrier that protects other components within the device from high temperatures from the vaporization chamber [0056].
Regarding Claim 43, Simpson discloses the sealing member has holes (114) which the electrode (46) extends through and establishes an electrical connection between the vaporizer and power supply (see Figs. 1-2, 5B and 6A; Pg. 9, Lines 24-27; Pg. 10, Lines 6-10 and 29-34; Pg. 11, Lines 3-12; electrode posts establish an electrical connection to the power supply and control unit to receive power; the base 100 forms spacers 116 with holes 114 that allow insertion of the electrode posts).
Simpson also discloses that the electrodes (46) are slightly over-sized relatively to the sealing plug holes (114) to achieve a pressed fit/contact which implies that the two parts are connected to each other (Pg. 11, Lines 3-12).
Simpson does not explicitly disclose that the sealing member is in electrical connection with the electrode.
However, Althorpe, directed to a nicotine-delivery (i.e., aerosol) system, discloses a base plate (36) (i.e., sealing member) with passageways for electrical conductors (i.e., electrodes) to connect the electric heater (14) (i.e., vaporizer) to an internal power source (12) (Fig. 5A; [0055]). The base plate/sealing member acts as a thermal barrier (i.e., is heat resistant) between the vaporization chamber (26) and other components within the device, wherein said plate can be formed from heat resistant materials such as metals, alloys, ceramics, thermoplastics, or composite materials containing such materials ([0049, 0056, 0059]; discloses that metal and/or metal-doped ceramic composites are considered electrically conductive).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the sealing member disclosed by Simpson to be electrically connected to the electrode by constructing it out of a heat-resistant and electrically conductive composite material as disclosed by Althorpe, as both are directed to an aerosol system, where Althorpe teaches the advantage of using a heat-resistant and electrically conductive composite material to construct a thermal barrier that protects other components within the device from high temperatures from the vaporization chamber [0056]; additionally, the selection of a known material based on its suitability for its intended use (i.e., electrical conductivity to establish an electrical connection) supports prima facie obviousness (see MPEP § 2144.07).
Regarding Claim 48, Althorpe further discloses the composite material of the sealing member comprises at least one of ceramic, polymer (i.e., thermoplastic), metal, metal alloy, or a combination thereof (Althorpe, [0049, 0056, 0059]).
Claims 45 and 46 are rejected under 35 U.S.C. 103 as being unpatentable over Simpson et al (Publication No. WO2019116004A1) and Li et al (Publication No. US20210161207A1) as applied to Claim 41 above, and further in view of Yu et al (Publication No. US20220338541A1).
Regarding Claim 45, Simpson discloses that the electrodes (46) are slightly oversized compared to the holes of the sealing plug (44) in which said electrodes are inserted into, providing a tight pressed contact fit (Pg. 11, Lines 6-12). This disclosed configuration implies that the width of the sealing plug at the holes are slightly smaller than the width of the electrodes.
Simpson does not explicitly disclose that the sealing plug member (44) has a maximum width of no more than 2.5 mm.
However, the prior art discloses several known widths for an electrode. For example, Yu, directed to a smoking device, discloses an electrode with a width ranging from 0.2 millimeters to 3 millimeters. Since Simpson discloses that the sealing plug member has a slightly smaller hole dimension (i.e., width) than the dimensions of the electrodes, and Yu discloses a known electrode width of 0.2 mm to 3 mm, one ordinarily skilled in the art could routinely experiment with the electrode width such that when the sealing plug member’s hole is constructed around the electrode for insertion, said sealing member will have a slightly smaller width to the electrode such that the sealing plug’s maximum hole width is no more than 2.5 mm (see MPEP § 2144.05.II).
Therefore, one ordinarily skilled in the art could take the known electrode width range disclosed by Yu, and the teaching of a sealing member hole having a press fit around an electrode as disclosed by Simpson, to construct and predictably yield a sealing member portion that encloses the electrode with no gap and has a maximum width of 2.5 mm (i.e., have a matching or similar width to the electrode) through routine experimentation.
Regarding Claim 46, Simpson discloses that the electrodes (46) are slightly oversized compared to the holes of the sealing plug (44) in which said electrodes are inserted into, providing a tight pressed contact fit (Pg. 11, Lines 6-12). This disclosed configuration implies that the width of the sealing plug at the holes are slightly smaller than the width of the electrodes.
Simpson does not explicitly disclose that the sealing member has a maximum width is between 1.5 mm and 2.5 mm.
However, the prior art discloses several known widths for an electrode. For example, Yu, directed to a smoking device, discloses an electrode with a width ranging from 0.2 millimeters to 3 millimeters. Since Simpson discloses that the sealing plug member has a slightly smaller hole dimension (i.e., width) than the dimensions of the electrodes, and Yu discloses a known electrode width of 0.2 mm to 3 mm, one ordinarily skilled in the art could routinely experiment with the electrode width such that when the sealing plug member’s hole is constructed around the electrode for insertion, said sealing member will have a slightly smaller width to the electrode such that the sealing plug’s maximum hole width is between 1.5 mm and 2.5 mm (see MPEP § 2144.05.II).
Therefore, one ordinarily skilled in the art could take the known electrode width range disclosed by Yu, and the teaching of a sealing member hole having a press fit around an electrode as disclosed by Simpson, to construct and predictably yield a sealing member portion that encloses the electrode with no gap and have a maximum width between 1.5 mm and 2.5 mm through routine experimentation.
Claims 49 and 50 are rejected under 35 U.S.C. 103 as being unpatentable over Simpson et al (Publication No. WO2019116004A1), Li et al (Publication No. US20210161207A1) and Althorpe et al (Publication No. US20200107586A1) as applied to Claim 42 above, and further in view of Hong et al (Publication No. WO2018159870A1, see provided English Translation).
Regarding Claim 49, Althorpe discloses that the composite material can be a metal, ceramic, and/or metal-alloy composite material (i.e., thermoplastic), metal, or metal alloy (Althorpe, [0049, 0056, 0059]). Althorpe does not explicitly disclose that metal and/or ceramic composite is a matrix composite.
However, Hong, directed to an electrode active (i.e., electrically conductive) material, discloses that metal alloys such as a silicon-metal alloy, can be constructed as a matrix (i.e., metal matrix) by uniformly distributing the silicon on a microscopic scale within the alloy phase, to create a buffer layer that can prevent cracks and damage to the conductive material cause by changes in volume ([0038]; alloys are considered the same as a composite).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to take the metal composite (i.e., metal alloy) material disclosed by Althorpe and construct it as a matrix (i.e., metal matrix composite) as disclosed by Hong, as both are directed to electrically conductive materials, where Hong teaches the advantage of constructing the metal composite as a matrix to create a buffer layer that can prevent cracks and damage to the conductive material cause by changes in volume [0038]; this also involves applying a known technique/teaching to a similar device/product to yield predictable results.
Regarding Claim 50, Hong further discloses the composite material is a metal matrix composite ([0038]; discloses a silicon-metal alloy constructed as a matrix; alloys are considered equivalent to composites).
Claim 51 is rejected under 35 U.S.C. 103 as being unpatentable over Simpson et al (Publication No. WO2019116004A1), Li et al (Publication No. US20210161207A1) and Althorpe et al (Publication No. US20200107586A1) as applied to Claim 42 above, and further in view of Fingerhut (Publication No. US20110147995A1).
Regarding Claim 51, Althorpe discloses that a composite can comprise of metals, metal alloys, ceramics, or thermoplastics wherein suitable metals can be titanium, zirconium, tantalum, steel, nickel, cobalt, aluminum, and/or iron which are electrically conductive materials [0049, 0056, 0059]. Althorpe does not disclose the composite further comprising of silicone.
However, it is known in the prior art that metal composite materials can contain silicone. For example, Fingerhut, directed to a thermoformable material, discloses metal matrix material (i.e., metal composite material) may contain silicone such as a silicone carbide-reinforced aluminum ([0009]; composites are considered any material containing one or more metal, alloy, ceramic, or plastic material).
Since Althorpe discloses that metal composites are electrically conductive materials that can be used to construct a sealing member, and Fingerhut discloses that metal composites such as metal matrixes can contain silicon, it would be obvious to one ordinarily skilled in the art to select a metal composite containing silicone for constructing the sealing member as selection of a known material (i.e., metal composites with silicone) based on its suitability for its intended use (i.e., construct a sealing member that is electrically conductive) supports prima facie obviousness (see MPEP § 2144.07).
Therefore, it would have been obvious for one ordinarily skilled in the art to select a metal composite material containing silicone as disclosed by Fingerhut to construct the sealing member disclosed by Simpson in view of Althorpe, as both are directed to a metal composite material, where one ordinarily skilled in the art could reasonably construct the sealing member from the metal-silicone composite will have predictably expect that the sealing member will have electrically conductive properties from said composite material.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Xie et al (Publication No. US20230240360A1) – E-cigarette vaporizer device comprising a liquid storage cavity and a porous body for absorbing liquid substrate from a liquid storage cavity. A heating element is arranged on the porous body, wherein said heating element is in contact with electrodes sleeved through mounting holes to supply power to the heating element.
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 Vu P Pham whose telephone number is (703)756-4515. The examiner can normally be reached M-Th (7:30AM-4:00PM EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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