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
Claims 1-10, 15-23 and 25 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Election/Restrictions
Applicant’s election without traverse of Claims 1-10 in the reply filed on 09 March 2026 is acknowledged.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 1 is rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhou et al (Publication No. US20220071290A1).
Regarding Claim 1, Zhou discloses a heating atomization assembly (1) comprising:
a liquid transfer unit (Porous matrix 10) (Figs. 1-3; [0038-0039]);
and a heating unit (Heating body 20) (Figs. 2-3; [0038]);
wherein a side wall of the liquid transfer unit (10) is provided with at least one liquid inflow surface (Liquid suction face 11) (see Figs. 1, 4; [0039-0040]; the suction surface contacts a liquid medium to draw it into the liquid transfer unit and is therefore considered equivalent to a liquid inflow surface);
the heating unit (20) comprises an embedded part (Fixing parts 21/22) and an atomization part (Heating part 23) which are of an integrated structure (see Figs. 3-5; [0040, 0042]; the embedded and atomization parts are integrally formed);
and the embedded part (21/22) is embedded in the liquid transfer unit (10) (see Fig. 4);
and the atomization part (23) is attached to or inlaid in an atomization surface (Atomization face 12) disposed at a bottom of the liquid transfer unit (see Figs. 2, 4; [0039, 0042]; the atomization surface is disclosed to be the bottom of the liquid transfer unit; the atomization part is illustrated to be attached/inlaid in the atomization surface).
It should be noted that for product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112.01.I).
In this case, Modified Zhou has a substantially identical structure to the Applicant’s claimed invention, wherein the heating assembly comprises a liquid transfer unit, heating body, and liquid inflow surface and inlet that are disposed on sidewalls of said transfer unit that corresponds to where the embedded parts of the heating body are disposed to in relation to said transfer unit.
Since the overall structure of the components are the same, one ordinarily skilled in the art would reasonably presume that the embedded parts inherently function to preheat liquid around the liquid inflow surface.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al (Publication No. US20220071290A1) as applied to Claim 1, and further in view of Chen et al (Publication No. CN111887479A, see provided English Translation).
Regarding Claim 2, Zhou further discloses that the liquid suction surface (11) can be recessed to form a cavity (110) (i.e., liquid inlet) to reduce the distanced between the suction surface (11) and atomization surface (12) [0040]; in such an embodiment, the inner surfaces of the cavity inlet (110) formed from the liquid suction surface (11) is considered equivalent to the overall liquid suction/inflow surface (see Fig. 4; the inner surface of the cavity is considered an extension of the inflow surface 11).
Zhou does not explicitly disclose the following:
wherein at least one liquid inlet is transversely formed in the side wall of the liquid transfer unit;
and an inner wall surface of the liquid inlet forms the liquid inflow surface corresponding to the embedded part;
Regarding (I-II), Chen, directed to an atomizing component, discloses a liquid guide (20) (i.e., liquid transfer unit), liquid inlet hole (11), and heating element (30) (i.e., heating wire) (Figs. 1-2; [0039]). The liquid inlet hole (11) is disposed on a sidewall of the liquid guide (20), so that external liquid reaches the liquid guide (20) via liquid inlet (11) (see Fig. 2; [0039]; liquid inlet is shown to be disposed on the sidewall of the guide 20).
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 liquid inlet (110) disclosed by Zhou to be arranged on a sidewall of the liquid guide/transfer unit as disclosed by Chen, as both are directed to an atomizing, where one ordinarily skilled in the art could reasonably apply a known liquid inlet and transfer unit arrangement design disclosed by Chen, to a similar inlet/unit component disclosed by Zhou, to predictably yield an a transfer unit component with liquid inlets disposed on a sidewall that is capable of guiding liquid through said liquid inlet.
Alternatively, it should be noted that rearrangement of parts without modifying the operation of the device is held to be an obvious matter of design choice that gives predictable results (see MPEP § 2144.04.VI.C).
In this case, while the liquid suction/inflow surface (11) is illustrated by Zhou to be located on a surface opposite to the atomization surface (12) instead of on the sidewalls corresponding to the embedded components, Zhou does state that the arrangement of said suction surface (11) does not need to be limited this specific arrangement, with one possible example being the surfaces are adjacent to each other.
Therefore, one ordinarily skilled in the art can take Zhou’s disclosure and rearrange the liquid inlet (110) and inflow surface (11) to be transversely formed on the sidewalls of the liquid transfer unit (10) that corresponds to where the embedded parts (21/22) are located on the liquid transfer unit, and reasonably expect to predictably result in said liquid inlet and inflow surfaces absorbing and guiding liquid medium through the transfer unit to the atomization surface.
Claims 3-7 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al (Publication No. US20220071290A1).
Regarding Claim 3, Zhou further discloses that the liquid suction surface (11) can be recessed to form a cavity (110) (i.e., liquid inlet) to reduce the distanced between the suction surface (11) and atomization surface (12) [0040]; in such an embodiment, the inner surfaces of the cavity inlet (110) formed from the liquid suction surface (11) is considered equivalent to the overall liquid suction/inflow surface (see Fig. 4; the inner surface of the cavity is considered an extension of the inflow surface 11).
Zhou does not explicitly disclose the following:
wherein at least one liquid inlet is longitudinally formed in the side wall of the liquid transfer unit;
and a side wall surface of the liquid inlet forms the liquid inflow surface corresponding to the embedded part.
Regarding (I-II), it should be noted that rearrangement of parts without modifying the operation of the device is held to be an obvious matter of design choice that gives predictable results (see MPEP § 2144.04.VI.C).
In this case, while the liquid suction/inflow surface (11) is illustrated by Zhou to be located on a surface opposite to the atomization surface (12) instead of on the sidewalls corresponding to the embedded components, Zhou does state that the arrangement of said suction surface (11) does not need to be limited this specific arrangement, with one possible example being the surfaces are adjacent to each other.
Therefore, one ordinarily skilled in the art can take Zhou’s disclosure and rearrange the liquid inlet (110) and inflow surface (11) to be longitudinally formed on the sidewalls of the liquid transfer unit (10) that corresponds to where the embedded parts (21/22) are located on the liquid transfer unit (10) so that the inlet side wall surface corresponds to the embedded parts (21/22), and reasonably expect to predictably result in said liquid inlet and inflow surfaces absorbing and guiding liquid medium through the transfer unit to the atomization surface.
Regarding Claim 4, Zhou further discloses the heating unit (20) comprises a heating wire (Heating part 23) and electrode connection members (Electrode wire 30) connected to the heating wire (23) (see Figs. 1-3; [0038, 0042, 0048]; the atomization/heating part 23 is equivalent to a heating wire due to its wire shape; the heating wire part 23 is connected to the electrode parts via soldering parts 231/232);
part of the heating wire (23) is inlaid in or attached to a surface of the side wall and/bottom of the liquid transfer (10) unit to form an atomization surface (Atomization face 12) (Fig. 4; [0039, 0046]; the heating wire part can be embedded into the transfer unit at the atomization face; said wire part is considered the atomization part).
Zhou does not explicitly disclose that part of the heating wire (23) is embedded in the liquid transfer unit (10) to form the embedded part (21/22).
However, it should be noted that the change in form or shape, without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04.IV.B). In this case, while Zhou discloses that the embedded parts (21/22) are planar-shaped and not wires (see Figs. 3-4; [0040]), said parts can be integrally formed with the heating wire part (23) as one piece of a metal plate [0042]. This indicates that materially, the embedded parts and heating wire the same.
Therefore, one ordinarily skilled in the art, based on Zhou’s disclosure, could reasonably make the design choice to change the embedded parts (21/22) from a planar shape to a wire shape similar to the heating wire part (23), to predictably yield a heating unit comprising a heating wire that is capable of being embedded into a liquid transfer unit and form an atomization surface to heat and generate and aerosol.
Regarding Claim 5, Zhou further discloses the atomization surface is a planar surface; and
the atomization part (23) is matched with the atomization surface (12) in shape (see Fig. 2; both parts are planar-shaped), and is inlaid in or attached to the atomization surface (12) (see Figs. 2, 4; [0046]; heating/atomization part can be partially embedded which is considered equivalent to being inlaid to the atomization surface).
Regarding Claim 6, Zhou further discloses the atomization surface (12) is disposed on a bottom side of the liquid transfer unit (10), and said atomization surface (12) being disposed away from the liquid inlet (110) formed on the opposite top side of the liquid transfer unit (10) (see Figs. 1-3; [0039]; liquid inlet is formed on the suction face 11 opposite of the atomization face 12).
Zhou does not explicitly disclose atomization surface is disposed on the side wall of the liquid transfer unit, and the atomization surface disposed on the side wall of the liquid transfer unit is away from the liquid inlet formed in the side wall of the liquid transfer unit.
However, it should be noted that rearrangement of parts without modifying the operation of the device is held to be an obvious matter of design choice that gives predictable results (see MPEP § 2144.04.VI.C).
In this case, while the atomization surface (12) is illustrated by Zhou to be located on a bottom surface opposite to the liquid suction/inflow surface (11) instead of on the sidewalls corresponding, Zhou does state that the arrangement of the suction and atomization surfaces do not need to be limited this specific arrangement, with one possible example being the surfaces are adjacent to each other.
Therefore, one ordinarily skilled in the art can take Zhou’s disclosure and rearrange the atomization surface and inflow surface (11) (i.e., liquid inlet 110) to be longitudinally formed on the sidewalls of the liquid transfer unit (10) so that the liquid inlet and atomization surface are disposed opposite to each other from the side walls instead of the top/bottom walls, and reasonably expect the modified unit/surface structure will predictably yield an atomization assembly wherein said liquid inlet and inflow surfaces will be capable of absorbing and guiding liquid medium through the transfer unit to the atomization surface.
Regarding Claim 7, Zhou further discloses the atomization surface (12) is disposed on a bottom surface of the liquid transfer unit (10) (see Figs. 1-3; [0039]; atomization surface is located on the bottom and opposite to the liquid suction face 11); and
the atomization part (23) is attached to or inlaid in the bottom of the liquid transfer unit (10) (see Figs. 2, 4; [0046]; heating/atomization part can be partially embedded in the bottom atomization surface, which is considered equivalent to being inlaid to the atomization surface).
Regarding Claim 9, Zhou further discloses a notch (Embedding groove 123b) formed on the bottom side of the liquid transfer unit (10/10b) wherein the atomization surface (12/12b) is disposed, extending from one direction to another direction towards the side of the of the transfer unit (10/10b) (see Figs. 1-4, 7; similar parts from Figs. 1-4 are considered equivalent to ones found in Fig. 7 due to having the same structures).
Zhou does not explicitly disclose the following:
notch is formed in the side wall of the liquid transfer unit and longitudinally extends through the liquid transfer unit;
the notch extends from the bottom of the liquid transfer unit to a top of the liquid transfer unit to form a steam passage.
Regarding (I), it should be noted that rearrangement of parts without modifying the operation of the device is held to be an obvious matter of design choice that gives predictable results (see MPEP § 2144.04.VI.C).
In this case, while the liquid suction/inflow surface (11) is illustrated by Zhou to be located on a surface opposite to the atomization surface (12) instead of on the sidewalls corresponding to the embedded components, Zhou does state that the arrangement of said suction surface (11) does not need to be limited this specific arrangement, with one possible example being the surfaces are adjacent to each other.
Therefore, one ordinarily skilled in the art can take Zhou’s disclosure and rearrange the atomization surface (12/12a) to the sidewall such that the notch/groove (123b) forms in a longitudinal manner through the liquid transfer unit (10) , and reasonably expect to predictably result in said liquid inlet and inflow surfaces absorbing and guiding liquid medium through the transfer unit to the atomization surface.
Regarding (II), it should be noted that for product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112.01.I).
In this case, Modified Zhou has rearranged the atomization surface (12/12b) and notch (123b) such that said notch extends in a longitudinal manner. Since the longitudinal extension direction implies going from a top to bottom-side orientation relative to the liquid transfer unit (10), this would mean that the rearrangement would satisfy the requirement wherein the notch (123b) is extending from the bottom of the liquid transfer unit to a top of the liquid transfer unit.
Since the overall structure of the atomization surface and notch are the same in relation to the liquid transfer unit, one ordinarily skilled in the art would reasonably presume that notch will inherently function as a steam passage.
Regarding Claim 10, Zhou further discloses the atomization part (23/23b) is attached into the notch (Embedding groove 123b), and an inner surface of the notch forms the atomization surface (12/12b) (see Figs. 1-4, 7; similar parts from Figs. 1-4 are considered equivalent to ones found in Fig. 7 due to having the same structures).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al (Publication No. US20220071290A1) as applied to Claim 7 above, and further in view of Liu et al (Publication No. US20220304384A1).
Regarding Claim 8, Zhou does not explicitly disclose the atomization surface (12) and the atomization part (23) extend to all or part of the side wall of the liquid transfer unit, such that the atomization surface and the atomization part are each of a half-surrounded structure.
However, it should be noted that the change in form or shape, without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04.IV.B).
For example, Liu, directed to a heating body for an atomizer, discloses a ceramic body (410) (i.e., liquid transfer unit) and heating generating wires (450) corresponding to two connected electrodes, wherein the heating wires are disposed on a bottom surface and sidewall of the ceramic body (410) to create an S shape (see Figs. 1-4; [0020]). Though Liu discloses a rectangular body, similar designs wherein the heating wire wraps around a bottom and sidewall of said body can be applied to other shapes such as a cylindrical body [0021-0022].
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 shape of the heating wire disclosed by Zhou to further extend and wrap around a sidewall as disclosed by Liu, as both are directed to a heating body, where one ordinarily skilled in the art can reasonably apply a known heating element and body design disclosed by Liu, to another similar heating element and body design as disclosed by Zhou, to predictably result in a heating assembly with an atomization surface and part that form a half-surrounded structure capable of generating heat and aerosols.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang et al (Publication No. US20230157363A1) – Atomizing assembly comprising an atomizing body that includes a liquid inlet, air passage and heating wire.
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
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