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 .
Response to Amendment
Applicant’s amendment to claims 1, 4-7, and 9, cancellation of claim 8, amendment to the drawings, and supporting remarks filed 03/23/2026 (“Amendment”) has been entered. Accordingly, the objection to the drawings and the claim rejections under 35 USC 102-103 are withdrawn. However, new rejections under 35 USC 103 are necessitated by the amendment. Claims 1-7 and 9-20 remain pending, claims 2-3, 14-15, and 20 remain withdrawn, and claims 1, 4-7, 9-13, and 16-19 are examined herein.
Response to Arguments
Applicant's arguments regarding the rejections under 35 USC 102/103 (Amendment p. 8-12) have been fully considered but they are not persuasive. Applicant argues that (1) Liu fails to disclose amended claim 1 because Liu discloses electrodes 34 clamping the atomizing sheet 32 from above and below whereas claim 1 requires horizontal traverse clamping (Amendment p. 10-11) and (2) Liu fails to disclose amended claim 4 which “achieves contact at both the side and the bottom” and “provides structural support from the bottom” (Amendment p. 11-12).
Regarding (1), the Examiner respectfully disagrees because the difference between Liu’s top and bottom clamping and Applicant’s horizontal clamping is essentially a mere difference in shape between Liu’s electrode 34 and Applicant’s electrode 16, which is prima facie obvious over the prior art. Applicant argues that Liu’s clamping is “structurally and functionally distinct”, but the Examiner respectfully disagrees because both Liu and Applicant use elastic electrodes for improved electrical connection.
Regarding (2), the Examiner respectfully disagrees because these features would be met by merely changing the shape of Liu’s electrode 34 such that it contacts side and bottom surfaces of Qiu’s pins 331 and atomizing base 31. Additionally, Applicant’s arguments do not present sufficient evidence of criticality to demonstrate that the claimed shape is particularly non-obvious over Liu. See MPEP 2144.04.
Applicant’s arguments with respect to Qiu’s electrodes 1024, 1025 (Amendment p. 10) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument (Liu is cited for these features).
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.
Claims 1, 4-6, 9-13, 16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (US 2021/0235756 A1, previously cited) in view of Liu (WO 2020/211721 A1, previously cited with English translation).
Regarding claim 1, Qiu is directed to a cartridge and electronic cigarette (Title):
In a second embodiment, the cartridge 101 includes an atomizing assembly 30 and a connecting assembly 20 (together the claimed “atomization assembly”) ([0063], Figs. 6-10);
the assemblies 20, 30 include an end cover 23 (“cover”) [0069], a cartridge connecting seat 1023 (“base”) [0064], a heating member 33 and atomizing base 31 (together a “heating assembly”) [0076], and a first and second electrode 1024, 1025 (“two electrodes”) [0077];
the cartridge connecting seat 1023 has an open interior (“compartment”) to accommodate the atomizing assembly 30 between the seat 1023 and end cover 23 ([0064], Fig. 8);
the atomizing base 31 (“support”) has the heating member 33 (“heating element”) installed on top [0076];
the heating member 33 comprises a body (“main part”) and pins 331 (“two electrical connection parts” which are connected to the body “from opposite sides” as shown in Figs. 3 and 8) connected to the electrodes 1024, 1025 [0054, 0076-77];
the body of the heating member 33 has a circuitous structure as shown in Fig. 3 (which reads on the “heating circuit”; compare heating member 33 in Fig. 3 with Applicant’s heating circuit 11111 in Fig. 9);
the heating member 33 is received in a mounting groove 310 on a top surface of the atomizing base 31 [0059], and the heating member extends across the atomizing base 31 (Figs. 3-4 and 8) (which reads on “the heating element (111) is transversely integrated with a top of the support (112)”);
as shown in Fig. 8, the pins 331 of the member 33 are each bent from a top of the base 31 to one side and further to a bottom (which reads on “each of the electrical connection parts (1112) is bent from the top of the support (112) to one side of the support (112) and is then bent to a bottom of the support (112)”);
as further shown in Fig. 8, each of the electrodes 1024, 1025 has a “first part” contacting the pins 331 [0077], a “second part” installed on the seat 1023, and a “third part” which connects to a battery 1022 below the seat 1023 ([0077], Figs. 8-9);
as shown in Fig. 9, the tops of the electrodes 1024, 1025 contact the undersides of the pins 331, and thus Qiu fails to disclose “the first part (161) is located on a transverse side of the electrical connection part (1112), and a side face of the first part (161) is at least in contact with the portion, bent to one side of the support (112), of the electrical connection part (1112) to realize electrical connection”. Qiu further fails to disclose “the first part (161) is in elastic contact with the corresponding electrical connection part (1112), and provides transverse elastic force to the corresponding electrical connection part (1112) from an outer side, thereby transversely sandwiching the heating element (111) between the two electrodes (16)”.
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Liu is directed to an ultrasonic electronic cigarette atomizing core and its atomizer (Title). Liu discloses external electrodes 34 which electrically connect to an atomizing sheet 32 ([0043], Figs. 1-2, 6-7, 9). Each external electrode 34 is formed by bending a conductive sheet to form an elastic top 342, an elastic bottom 343, and an elastic ultrasonic atomizing sheet mounting area 341 which accommodates the atomizing sheet 32 [0043]. The external electrodes 34 advantageously form elastic electrical contacts rather than welded joints which are prone to poor contact [0003, 0008-9, 0045]. One of ordinary skill in the art would recognize that Qiu’s electrodes 1024, 1025 could be substituted with Liu’s electrodes 34 in order to elastically couple the electrodes to Qiu’s atomizing base 31 and heating member 33 via the pins 331.
However, as shown in Fig. 2, the elastic top 342 (“first part”) of the external electrode 34 contacts the top side of the atomizing sheet 32, and thus Liu fails to disclose “the first part (161) is located on a transverse side of the electrical connection part (1112), and a side face of the first part (161) is at least in contact with the portion, bent to one side of the support (112)” and “the first part (161)…provides transverse elastic force to the corresponding electrical connection part (1112) from an outer side” (compare Liu’s Fig. 2 with Applicant’s Fig. 13). But bending the external electrode 34 into a different shape, so that the elastic top 342 contacts a side surface of Qiu’s pins 331 and atomizing base 31 in modified Qiu, would be a mere change in shape which is obvious in view of Liu. See MPEP 2144.04(IV)(B); see also In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Such a modified elastic top 342 would read on “the first part (161) is located on a transverse side of the electrical connection part (1112), and a side face of the first part (161) is at least in contact with the portion, bent to one side of the support (112), of the electrical connection part (1112) to realize electrical connection” and “the first part (161) is in elastic contact with the corresponding electrical connection part (1112), and provides transverse elastic force to the corresponding electrical connection part (1112) from an outer side, thereby transversely sandwiching the heating element (111) between the two electrodes (16)” as claimed.
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Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Qiu by substituting the electrodes 1024, 1025 with Liu’s external electrodes 34 and further modifying the shape of the electrodes 34 such that the elastic top 342 contacts the side surfaces of Qiu’s pins 331 to sandwich the atomizing base 31 therebetween, because both Qiu and Liu are both directed to electronic cigarettes, Liu teaches that the elastic connection of the external electrodes 34 improves electrical contact, the further modification of the electrodes 34 would be a mere change in shape, and the substitution of Qiu’s electrodes 1024, 1025 for Liu’s electrodes 34 would involve a simple substitution of one known element for another to obtain predictable results. See MPEP 2143(I); see also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 4, as set forth above in the discussion of claim 1, modified Qiu discloses Liu’s electrodes 34 contacting the sides of the pins 331 and atomizing base 31, which reads on “wherein the electrode (16) is elastic plate-shaped, and the first part (161) is disposed on one side of the heating assembly (11)” and “a portion of the first part (161) bent to one side of the support (112) is in contact with a portion of the electrical connection part (1112) bent to the side of the support (112)”. However, modified Qiu fails to disclose “the first part (161) is…bent to one side and the bottom of the support (112)” and “a portion of the first part (161) bent to the bottom of the support (112) is in contact with a portion of the electrical connection portion (1112) bent to the bottom of the support (112)” (emphasis added). But further bending Liu’s electrode 34, so that the elastic top 342 contacts a side and a bottom surface of Qiu’s pins 331 and atomizing base 31 in modified Qiu, would be a mere change in shape which is obvious in view of Liu. See MPEP 2144.04(IV)(B); see also In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Such a modified elastic top 342 would read on the claim language.
Regarding claim 5, Qiu’s electrodes 1024, 1025 installed on the cartridge connecting seat 1023 [0077] (and Liu’s electrodes 34 would be similarly arranged in the combination), which reads on “wherein the second part (162) is integrated with the base (14)”.
Liu’s electrode 34 has the elastic top 342 connected to an elastic bottom 343 and to a remainder of the body of the electrode 34 ([0043], Fig. 2), which reads on “wherein the first part (161) is connected to an upper end of the second part (162)”. When substituting Qiu’s electrodes 1024, 1025 with Liu’s electrodes 34 and further modifying the electrodes 34 to contact the side and bottom of the atomizing base 31, it would be obvious to form the elastic top 342 in a downward arch accommodating side and bottom of the atomizing base 31, in order to properly fit the electrodes 34 between Qiu’s connecting seat 1023 and atomizing base 31 (see Qiu Fig. 8), which reads on “the first part (161)…is bent downwards to form an arched part (164) which arches upwards” (see Applicant’s Figs. 11-13).
Regarding claim 6, Qiu’s end cover 23 houses the atomizing assembly 30 together with the cartridge connecting seat 1023 ([0064, 0072], Figs. 8-9). In modified Qiu, it would further be obvious to arrange Liu’s electrodes 34 so that Qiu’s end cover 23 presses the electrodes 34 inward into contact with the atomizing base 31, in order to suitably house Liu’s electrodes 34 within the cartridge connecting seat 1023 (see Qiu’s Fig. 8), which reads on “wherein the cover (13) presses a side, opposite to the electrical connection part (1112), of the first part (161) of the electrode (16), such that the first part (161) elastically presses against the electrical connection part (1112)”.
Regarding claim 9, the electrodes 1024, 1025 are mounted in the cartridge connecting seat 1023 (which implies a hole reading on the “electrode hole (141)”) ([0061, 0077], Figs. 4 and 9), and Liu’s electrodes 34 would be similarly mounted in modified Qiu. As shown in Figs. 8-9, the electrodes 1024, 1025 extend through and out a top of the cartridge connecting seat 1023, and a surface of the cartridge connecting seat 1023 rests below the electrodes 1024, 1025, and modified Qiu’s electrodes 34 would be arranged similarly, which reads on “a top of the electrode hole (141) is higher than an inner bottom surface of the base (14), such that liquid in the atomization assembly (1) is prevented from leaking from a gap in the electrode hole (141)”.
Regarding claim 10, as shown in Fig. 8, Qiu’s atomizing base 31 has walls extending across and downward, which reads on “wherein the support (112) comprises a transverse wall (1121) and a longitudinal wall (1122)”. The heating member 33 extends across the mounting groove 310 on top of the atomizing base 31 ([0054], Figs. 3 and 8), which reads on “the heating element (111) is integrated with a top of the transverse wall (1121)” and “the main part (1111) of the heating element (111) is transversely integrated with the transverse wall (1121)”. The pins 331 extend through holes 311 of the atomizing base 31 and extend around the sides to the bottom of the base 31 ([0054], Fig. 3), which reads on “the electrical connection part (1112) is bent from the transverse wall (1121) to a side face of the longitudinal wall (1122)”.
Qiu fails to disclose “the longitudinal wall (1122) is connected to a bottom edge of the transverse wall (1121), and an air hole (1123) longitudinally penetrating through the transverse wall (1121) is formed in the transverse wall (1121)” (compare Qiu’s Fig. 3 with Applicant’s Fig. 7). Qiu discloses air flowing to meet the top of the heating member 33 and liquid absorbing member 32 ([0079], Figs. 4 and 9 showing air direction with arrows). Changing the shape of the atomizing base 31 to form a hole in the sides and in the center would instead direct the air around the sides of the atomizing base 31, into its interior, and up through the heating member 33 and liquid absorbing member 32 (see Fig. 4). Such a modified atomizing base 31 would read on “the longitudinal wall (1122) is connected to a bottom edge of the transverse wall (1121), and an air hole (1123) longitudinally penetrating through the transverse wall (1121) is formed in the transverse wall (1121)” and would be obvious as a mere change in shape of Qiu’s atomizing base 31. See MPEP 2144.04(IV)(B); see also In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
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Regarding claim 11, the modified atomizing base 31, as set forth immediately above in the discussion of claim 10, has a hole through the center to allow air to travel upward through the heating member 33 and liquid absorbing member 32, which reads on “wherein an air vent (1124) transversely penetrating through the longitudinal wall (1122) is formed in the longitudinal wall (1122) and corresponds to the main part (1111) of the heating element (111) in position, such that gas generated by heating and atomization of the heating element (111) flows out sequentially through the air hole (1123) and the air vent (1124)” (compare Qiu’s Figs. 3-4 with Applicant’s Fig. 7).
Regarding claim 12, the atomizing base 31 has the heating member 33 installed on top [0076], which reads on “the support (112) is inseparably or separably integrated with the heating element (111)”. Qiu fails to disclose “wherein the support (112) is made of an insulative material”. Qiu discloses that an insulating member may be sandwiched between the electrodes 1024, 1025 and the cartridge connecting seat 1023 in order to avoid short circuits [0061, 0077].
Liu discloses the external electrodes 34 as set forth above. The electrodes 34 contact an insulating base 35 and are electrically coupled to an inner electrode 36 within the insulating base 35 [0043]. One of ordinary skill in the art would recognize that Liu’s insulating base 35 allows electrical connection between the electrodes 34, 36 while avoiding short circuits as taught by Qiu, and thus would recognize that Qiu’s atomizing base 31 could similarly be made insulative while maintaining electrical contact between the electrodes 34 and pins 331.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to further modify Qiu by forming the atomizing base 31 with an electrically insulating material, because Qiu and Liu are directed to electronic cigarettes, Qiu teaches that this avoids short circuits, and this would involve combining prior art elements according to known methods to yield predictable results. See MPEP 2143(I); see also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 13, Qiu discloses a liquid absorbing member 32 (“liquid transfer unit”) which contacts the heating member 33 and delivers liquid thereto [0054], and the liquid absorbing member 32 is disposed within the open interior of the cartridge connecting seat 1023 along with the other components on the atomizing base 30 ([0053, 0061], Figs. 3-4), which reads on “wherein the atomization assembly (1) comprises a liquid transfer unit (12), the compartment (15) is matched with the heating assembly (11) and the liquid transfer unit (12), and the liquid transfer unit (12) is disposed in the compartment (15) and is in contact with the main part (1111) of the heating element (111), such that liquid is transferred by the liquid transfer unit (12) to the main part (1111) to be heated and atomized”.
Claims 16 and 19 recite the same limitations as claims 6 and 9, respectively, but are dependent on claim 5 rather than claim 1. Claims 16 and 19 are obvious over Qiu and Liu for the same reasons as set forth above with respect to claims 6 and 9, respectively, because the additional features recited in claim 5 do not alter the analyses of claims 6 and 9.
Regarding claim 18, Qiu discloses the pins 331 on ends of the heating member 33 as shown in Fig. 3, which reads on “wherein said two electrical connection parts (1112) are disposed at two ends of the main part (1111) respectively”. In modified Qiu as set forth above in the discussion of claims 1 and 4, two external electrodes 34 are provided with elastic tops 342 contacting the pins 331 and sandwiching the heating member 33 and atomizing base 31 between the electrodes 34 (see Qiu Fig. 8), which reads on “the atomization assembly (1) comprises two said electrodes (16), the first parts (161) of the two electrodes (16) are in elastic contact with the two electrical connection parts (1112) respectively, and the heating assembly (11) is sandwiched between the two said electrodes (16)”.
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (US 2021/0235756 A1) in view of Liu (WO 2020/211721 A1) as applied to claims 1 and 5, further in view of Chen (CN 209779036 U, previously cited with English translation).
Regarding claim 7, modified Qiu discloses the atomization assembly of claim 1 as set forth above. Liu mentions that the external electrode 34 may be formed by bending an electroplated copper or iron sheet [0043], but discloses nothing further regarding the electroplating. Modified Qiu fails to disclose “wherein a protective film is formed on a surface of the electrode (16) and/or on a surface of the electrical connection part (1112) of the heating element (111) through electroplating, to prevent a contact position of the electrode (16) and the electrical connection part (1112) against oxidization, such that contact resistance is prevented from being increased” as claimed.
Chen is directed to a convenient electrode foil tank cleaning device (Title), which is reasonably pertinent to Applicant’s problem of providing adequate electrical contact (see Applicant’s specification at p. 1). Chen performs electroplating in order to remove and prevent rust on an electrode and anti-oxidize the electrode [0015, 0023] (which reads on the claim language). One of ordinary skill in the art would recognize that such electroplating would similarly be beneficial for modified Qiu’s electrodes 1024, 1025, in order to prevent rust formation on the electrodes 1024, 1025, because rust is well known to deteriorate electrical contact and thus performance.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to further modify Qiu by electroplating the electrodes 1024, 1025 as taught by Chen, because Qiu is directed to an electronic cigarette which is in the same field of endeavor as Applicant’s claimed invention and Chen is directed to a convenient electrode foil tank cleaning device which is reasonably pertinent to the Applicant’s claimed invention, Chen teaches that this advantageously prevents rust, and this would involve combining prior art elements according to known methods to yield predictable results. See MPEP 2143(I); see also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Claim 17 recites the same limitations as claim 7, but is dependent on claim 5 rather than claim 1. Claim 17 is obvious over Qiu, Liu, and Chen for the same reasons as set forth above with respect to claim 7, because the additional features recited in claim 5 do not alter the analysis of claim 7.
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 MICHAEL PATRICK MULLEN whose telephone number is (571)272-2373. The examiner can normally be reached M-F 10-7 ET.
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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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/MICHAEL PATRICK MULLEN/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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