DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
This office action is in response to Applicant’s amendment filed on 20 October 2025:
Claims 1 and 3-9 are pending
Claims 1, 3-4 and 9 are amended
Claim 2 and 10-18 are cancelled
Response to Amendment
Applicant's amendments to the claims filed 20 October 2025 have been acknowledged. The rejection to Claim 2 is withdrawn due to cancellation of the claim.
Response to Arguments
Applicant’s arguments filed 20 October 2025, with respect to the rejection of Claim 1 under 35 U.S.C. 102(a)(2) have been fully considered and are persuasive.
On Pages 4-6 of Applicant’s Remarks, Applicant has amended Claim 1 to further require the limitation that “the electrode is disposed at two opposite ends in the circumferential direction of the heating body”.
Applicant argues that the cited prior art only shows the electrodes being located at an axial end of the heating body and not on the circumferential ends of said heating body.
Examiner agrees with the Applicant the electrode ends are not disclosed on circumferential ends of the heating body and therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Liu et al (Publication No. US20240260666A1).
Applicant's arguments filed 20 October 2025 have been fully considered but they are not persuasive.
On Page 7-8 of Applicant’s Remarks, Applicant argues that Wang’231 also does disclose the leads embedding into the liquid conducting member 200 because said leads are actually embedded into an external structural feature (the annular step), unlike the Applicant’s disclosure which does not require the additional structural feature.
Examiner respectfully disagrees because the annular step is still considered a part of the liquid conducting member 200; Wang ‘231 states that the liquid conducting member 200 includes both the tubular body 210 and annular step 220 which indicates that both components are considered parts of the liquid conducting member and therefore can be considered equivalent to the overall liquid conducting/adsorption substrate [0101]. Therefore, embedding through the annular step, which is a part of the liquid conducting member 200, is equivalent to embedding through the liquid conducting member 200.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 3-9 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Applicant has amended Claim 1 to include limitations from originally presented in Claim 9 and further details that “the lead is led out from a middle of an end surface of the sidewall of the sidewall of the adsorption substrate in a radial direction”. However, Applicant’s specification does not disclose or mention anything regarding the leads leading out in a radial direction.
Examiner respectfully notes that one ordinarily skilled would define the radial direction as a direction pointing along the radius of an object. In this case, that would mean if the leads were to be led out in a radial direction as recited in amended Claim 1, said leads would need to extend outwards in a direction perpendicular to end surface of the substrate sidewall.
However, Applicant’s Figure 1 does not support this as it shows the leads starting from the middle of the end surface at the axial end, wherein the lead extends and point downwards in an axial direction (not a radial direction) parallel to the central longitudinal axis of the substrate. Therefore, the subject matter disclosed in amended Claim 1, specifically in regards to the lead being led out in a radial direction, fails to comply with the written description requirement.
Claims 3-9 are also rejected by virtue of their dependency on claim 1.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1 and 3-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “the electrode (122) is disposed at two opposite ends” which is considered indefinite because it is unclear if there is supposed to be one or two electrodes and leads. If there is only a singular electrode as Claim 1 currently discloses, it is not clear how a single electrode can be disposed in two different locations. If there are two electrodes, it is also unclear if there is also supposed to be two leads, wherein each electrode has one lead each.
Since it is unclear if there are one or two electrodes and leads, Claim 1 is considered indefinite. Claims 3-9 are also rejected as being indefinite by virtue of their dependency on Claim 1.
According to Applicant’s Drawings, it would appear that there are two electrodes and two leads, with one electrode being attached to one lead. For Examination purposes, Claim 1 is interpreted to recite the following limitations:
“the heating member (12) comprises…a first and second electrode (122)”;
“…and a first and second lead”;
“the first and second electrode are disposed at two opposite ends”;
“wherein the first lead is electrically connected with a portion of the first electrode, and the second lead is electrically connected with a portion of the second electrode”;
and “wherein the first and second lead (13) are led out from a middle…”.
Claim 1 recites “wherein the lead (13) is led out from a middle of an end surface of the sidewall of the adsorption substrate (11) in a radial direction” because it is unclear if Applicant meant the radial or the axial direction. If the intention is the former recitation, as previously noted above, this would be considered new matter.
Examiner notes that Applicant’s arguments seem to support the lead being axially led-out as Applicant states in their arguments that the lead has axial routing (see Page 8). Additionally, Applicant’s Drawings illustrate the leads extending in an axial direction, which further aligns with Applicant’s arguments.
Therefore, Claim 1 is considered indefinite for reciting “the lead is led out…in a radial direction” as it is not clear if the Applicant meant the limitation to recite “radial” or if the Applicant meant for the limitation to recite “axial” as discussed in Applicant’s arguments. Claims 3-9 are also rejected as being indefinite by virtue of their dependency on Claim 1.
For examination purposes, Claim 1 is interpreted to recite the following: “wherein the first and second lead (13) [[is]] are led out from a middle of an end surface of the sidewall of the adsorption substrate (11) in a [[radial]] axial direction.”
Claim Objections
Claim 1 is objected to because of the following informalities: “is disposed on a sidewall of the adsorption substrate (11)” in Line 9 is redundant with the limitation recited in Lines 7-8. Appropriate correction is required.
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 and 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (Publication No. US20230136231A1, henceforth referred as Wang '231) in view of Liu et al (Publication No. US20240260666A1).
Regarding Claim 1, Wang ‘231 discloses an atomizing assembly (i.e., atomizing unit) comprising an adsorption substrate (Liquid conducting member 200), a heating member (Heating assembly 100), and a first and second lead (40) (Figs. 1-5; [0057]; Figure 5 illustrates two leads which can be considered as the first and second leads);
wherein the adsorption substrate (200) is configured to adsorb a liquid atomizable medium (300) (Figs. 2, 4; [0054-0055]);
wherein the heating member (100) comprises a heating body (Heating portions 20) and a first and second electrode (30) connected with the heating body (see Figs. 5-6; [0057]; electrode portions are shown to be connected with the heating body; each electrode portion which the first and second leads are attached to are considered as a first and second electrode);
wherein the adsorption substrate (200) is a column having a through hole in the middle (see Figs. 1, 3; the substrate is shown to be cylindrical/is a column; the liquid conducting member/substrate is shown to have a hole through the middle of the column);
and the heating body (20) is located on a sidewall of the through hole or an outer wall of the adsorption substrate (see Figs. 1 and 4; it is shown that the heating body can be located on either the inner side wall or the outer wall of the substrate 200);
the heating body (20) is curled in a circumferential direction of the heating body (Figs. 1-5; [0053]; discloses a tubular heating assembly/member which implies that the heating body is curled in a circumferential direction);
and the first and second electrode (30) are partially embedded in the adsorption substrate (Figs. 2-5; [0101]; the substrate comprises a tubular body 210 and step 220, wherein the electrodes are partially embedded in the step portion of the substrate);
and wherein the first and second lead (40) is electrically connected with a portion of the first and second electrode (30) that are located in the adsorption substrate (200) (see Figs. 2-6; [0057, 0101]; electrodes are disclosed to be embedded in the substrate at the annular step portion, considered equivalent to being located in the adsorption substrate);
and the first and second lead (40) are led out from a middle of an end surface of the sidewall of the adsorption substrate (200) in an axial direction (see Annotated Fig. 1 and Figs. 2-4; the leads are shown to be parallel to each other in such a manner that it divides the end surface of the substrate into two semi-circular halves, which indicates that they are located on a middle of the end surface; leads extend downwards from said middle position).
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Wang ‘231 does not disclose the first and second electrodes (30) are disposed at two opposite ends in the circumferential direction of the heating body (20);
However, it should be noted that Liu, directed to an atomizing device with an atomizing core (i.e., atomizing assembly), discloses a heating component (24) (i.e., heating member) comprising a heating element (241) (i.e., heating body) connected to a first pin (242) and second pin (243) (i.e., electrodes), wherein the pins are electrically connected to a positive and/or negative electrode lead (see Figs. 7, 10, 17a; [0106, 0123-0126]).
Liu illustrates that first and second pins (i.e., electrodes) to be located at opposite ends of the heating element/body, wherein the heating element/body is curved by bending the ends with the pins/electrodes which is considered equivalent to the circumferential direction (see Figs. 17a-19; [0132]; the ends of the heating element where the pins are located are disposed along the entire edge/surface which gets bent; they therefore considered equivalent to the circumferential ends of the heating element).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to substitute the bent heating body and electrodes disclosed by Wang’231 with the heating body/element comprising of electrodes disposed on ends of the heating body in the circumferential direction disclosed by Liu, as both are directed to an atomizing assembly, where this involves substituting a known heating body design with a curved heating element with electrodes and leads disclosed by Wang’231 with another similar heating element design disclosed by Liu, to predictably yield a heating body comprising of electrodes disposed on ends of said heating body in the circumferential curved direction that can be embedded/disposed on a liquid adsorption substrate to heat and atomize liquid.
Regarding Claim 4, Wang ‘231 further discloses the through hole is circular (see Fig. 1; the substrate 200 is shown to have a circular central through hole where the heating member 100 is located in).
Regarding Claim 5, Modified Wang ‘231 further discloses the heating body is a mesh shape (see Liu, Fig. 10; [0063]; see Claim 1 rejection for substituting Wang’231 heating body with Liu’s similar heating body).
Regarding Claim 6, Wang ‘231 further discloses the adsorption substrate (200) is a porous ceramic [0102].
Regarding Claim 7, Modified Wang ‘231 further discloses the first and second electrodes are flat (see Wang, Fig. 6; [0068]; see Liu, Fig. 10; both Wang and Liu show flat electrodes/pins).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wang (Publication No. US20230136231A1, henceforth referred as Wang '231) in view of Liu et al (Publication No. US20240260666A1) as applied to Claim 2 above, and further in view of Wang (Publication No. US11439182B1, henceforth referred as Wang '182).
Regarding Claim 3, Modified Wang ‘231 further discloses the heating body (20) is located on a sidewall of the through hole or an outer wall of the adsorption substrate (Wang,’231, see Figs. 1 and 4; it is shown that the heating body can be located on either the inner side wall or the outer wall of the substrate 200; see Claim 1 rejection for substituting Wang’231 heating body with Liu’s).
Modified Wang ‘231 discloses that the electrode portions are partially embedded into the substrate, but does not explicitly disclose that the heating body is also embedded into the substrate.
However, Wang ‘182, directed to an atomizer core (i.e., assembly), discloses a fluid absorbing element 100/201 (i.e., adsorption substrate), heating element 101 (i.e., heating body), and conductive wires 104 (i.e., lead) (Figs. 1-6; Col. 5, Lines 38-65 and Col. 6, Lines 1-19; absorbing elements 100 and 201 are considered equivalent). The heating element is further disclosed to be embedded in an inner wall (i.e., sidewall) of the absorption substrate/element which is illustrated to have a column shape with a through hole (202) through the center of the substrate (see Figs. 5-6; Col. 6, Lines 1-19).
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 atomizing assembly disclosed by Modified Wang ‘231 to have the heating body embedded in the sidewall of the absorption substrate as disclosed by Wang ‘182, as both are directed to an atomizing assembly, where one ordinarily skilled in the art could reasonably apply the teachings of embedding a heating element in a sidewall of a columnar absorption substrate as disclosed by Wang ‘182, to the similar atomizing assembly comprising a heating element and columnar substrate as disclosed by Modified Wang ‘231, to predictably yield an embedded heating element capable of heating an atomizing liquid from an absorption substrate.
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (Publication No. US20230136231A1, henceforth referred as Wang '231) in view of Liu et al (Publication No. US20240260666A1) as applied to Claim 7 above, and further in view of Suzuki et al (Publication No. US20070286985A1).
Regarding Claim 8, Modified Wang ‘231 discloses that the first and second electrodes (30) are partially embedded in the adsorption substrate (see Wang ‘231, Figs. 2-5; [0101]; the substrate comprises a tubular body 210 and step 220, wherein the electrode is partially embedded in the step portion of the substrate; see Claim 1 rejection for substituting Wang’231 heating body with Liu’s);
Modified Wang ‘231 does not disclose an embedded position configured for the embedding of the adsorption substrate.
However, Suzuki, directed to a ceramic block with built-in (i.e., embedded) electrodes for a ceramic heater, discloses said electrode (2) is provided with a through hole (14c) that matches with a similar through hole on the ceramic sheets (12/14) (Figs. 1-3; [0018]). When the ceramic and electrode sheets are overlaid such that the electrode is between the ceramic sheets, ceramic shafts (16) are inserted into said through holes and the sheets laminated to form the final ceramic block (see Figs. 1-4; [0019-0021]; the figures illustrate the process of embedding and forming the ceramic block from ceramic and electrode sheets through a fitting/embedding process via the through holes).
Though Suzuki does not explicitly state that the through holes located on the electrode sheets are embedding positions, they can be considered as such; the through holes are used to fit the electrode and ceramic sheets together via a ceramic shaft, which is equivalent to an embedded position for embedding an electrode into a (ceramic) substrate.
It should be noted that while Suzuki does not explicitly state that the ceramic material is an adsorption substrate, it is disclosed that their invention is related to the field of ceramic heaters with adsorption forces/properties [0002, 0007]. Applicant has disclosed that a suitable material for the adsorption substrate is porous ceramic (see Claim 6). Since Suzuki reveals that their ceramic electrode block is utilized in ceramic heaters with adsorption forces/properties and the present application discloses a porous ceramic substrate for adsorption, one ordinarily skilled in the art would reasonably assume that Suzuki’s ceramic substrate with adsorption forces is equivalent to the ceramic adsorption substrate recited in the present application.
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 electrodes disclosed by Modified Wang ‘231 to have through holes (i.e., embedded positions) for fitting a substrate material (i.e., ceramic) to said electrodes as disclosed by Suzuki, as both are directed to a heater with embedded electrodes, where one ordinarily skilled in the art could reasonably apply the teachings of creating through holes for fitting/embedding electrodes as disclosed by Suzuki, to the similar electrode and adsorbing substrate material of a heater disclosed by Wang ‘231, to predictably yield electrodes with embedding positions (i.e., through holes) that are capable of fitting/embedding said electrodes to a substrate.
Regarding Claim 9, Modified Wang ‘231 further discloses the embedded position is a hole (Suzuki, see Fig. 4);
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 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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/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755