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 .
Election/Restrictions
Applicant’s election without traverse of claims 11–19 in the reply filed on 10/13/2025 is acknowledged.
Information Disclosure Statement
The foreign references identified in the Information Disclosure Statement filed on 11/30/2022 was searched for corresponding US Patents, Publications, or other English equivalents. Please see below:
CN 112353002 = US 20230092179 (this US reference is not being made of record because US 20230092179 corresponds to this application’s published specification);
CN 211153794 = No US or other English equivalents located;
CN 211211432 = No US or other English equivalents located;
CN 210203317 = No US or other English equivalents located; and
CN 211211423 = No US or other English equivalents located.
Claim Objections
Claims 18 and 19 is objected to because of the following informalities:
As to claim 18, while one of ordinary skill in the art understand that “the pair of the extensions walls” in line 6 has antecedent basis the “extension walls” of line 4 because the extensions walls are “formed by extending upward from two longitudinal sides of the ceramic substrate,” Examiner submits that this claim would be more consistent if amended to recite “a pair of extension walls, formed by extending upward from two longitudinal sides of the ceramic substrate.”
As to claim 19, while one of ordinary skill in the art understand that “the pair of the extensions walls” in line 11 has antecedent basis the “extension walls” in line 9 because the extensions walls are “formed by extending upward from two longitudinal sides of the ceramic substrate,” Examiner submits that this claim would be more consistent if amended to recite “a pair of extension walls, formed by extending upward from two longitudinal sides of the ceramic substrate.”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 13–17 and 19 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.
As to claim 13, the recitation of plural “the material connection portion” lacks antecedent basis because antecedent basis exits for only a single material connection portion. While this claim introduces “a plurality of elastic terminals,” this claim does not require the additional elastic terminal(s) to have another material connection portion. This issue is compounded by the recitation of “a plurality of elastic terminals” because it’s unclear what the least number of elastic terminals are required. That is, does claim 13 require at least two new elastic terminals, bringing the total number to three or more or does claim 13 intend to expand the elastic terminal in claim 13 to just two? Examiner notes that any amendments addressing this issue will have a cascading effect throughout the dependent claims, and could create many more indefinite issues. Applicant is invited to schedule an interview with Examiner to discuss potential amendments to advance compact prosecution.
Claims 14–17 are rejected for the same reasons via their dependency on claim 13.
Claim 15 recites “the elastic terminal” in line 1. One of ordinary skill in the art is unable to ascertain whether Applicant intendeds to reference the “elastic terminal” introduced in claim 1 or one of the “plurality of elastic terminals” introduced in claim 13’s line 1.
Claims 16–17 are rejected for the same reasons via their dependency on claim 15.
As to claim 19, the last eight lines are unduly confusing and render the claim indefinite; however, the amendment proposed below improves clarity.
First, line 28 recites “the covering portion comprises.” This limitation is indefinite because it lacks antecedent basis.
Second, the claim recites “a covering portion” in line 31. This is indefinite because it is drafted as a component of the “covering portion” already claimed. See claim 19 (claiming “the covering portion comprises: . . . a covering portion).
After reviewing Applicant’s Specification filed on 11/30/2022 (“Specification”), Examiner submits that “the covering portion comprises” simply should have recited “the packing portion comprises” because the packing wall and covering portions are disclosed as subcomponents of the packing portion. Specification at [0059] (explaining that “packing portion 74 includes a packing wall 741 attached to an inner wall surface of the accommodation cavity 45, a covering portion 743 formed by extending from a top of the packing wall 741 into the accommodation cavity 45. . .”)
The following amendment to claim 19 is consistent with Applicant’s Specification, would overcome the above rejection/objection, and would place the claim in condition of allowance:
19. A cartridge, comprising:
an atomizing core;
a tube body;
a closure member;
a sealing member integrally formed on the closure member; and
a base;
wherein the atomizing core comprises:
a porous body;
a pair of extension walls, formed by extending upward from two longitudinal sides of the porous body; and
a transverse through-groove, defined between the pair of the extension walls;
a seepage surface is formed at a bottom surface of the transverse through-groove, an atomizing surface is formed at a bottom surface of the porous body, and a heating wire is disposed on the atomizing surface;
the closure member comprises:
a main body portion;
an e-liquid passage and an air passage, defined on the main body portion and being independent of each other;
an accommodation cavity, disposed below the e-liquid passage and in communication with the e-liquid passage; and
a part of an atomizing cavity, disposed below the accommodation cavity;
the sealing member comprises:
an upper sealing portion and a lower sealing portion, wherein the upper and lower sealing portions are clamped between the tube body and the closure member; and
a packing portion, formed in the accommodation cavity;
wherein the packing portion is clamped between the atomizing core and the accommodation cavity;
the packing portion comprises:
a packing wall, clamped between an outer side surface of the atomizing core and an inner wall surface of the accommodation cavity; and
a covering portion, extending from the packing wall and pressing against the seepage surface in an interference manner.
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.
Claim(s) 11–13 is/are rejected under 35 U.S.C. 103 as being unpatentable over CHEN CN 110338462 (“CHEN”) (published 10/18/2019) (with reference made to the attached machine translation) in view of LIU US 9596885 (“LIU”).
As to claim 11, CHEN discloses a cartridge, comprising:
a cartridge tube (10), provided with a flue (13) and a liquid storage chamber (12; Page 6 describes injecting “oil” into the liquid storage chamber through holes 632 to fill chamber 12);
a closure member (40), installed in the cartridge tube (Fig. 17 illustrates 40 within cartridge tube without explicitly labeling 40) and closing the liquid storage chamber (discussed in fifth full paragraph on page 6);
an atomizing core (30), installed in the closure member (see above); and
a base (50), fixed to the cartridge tube (see above);
wherein a bottom of the closure member is recessed upward to form a cavity body (44; Page 5; see above), an e-liquid passage (43) running through the closure member up and down (see above), and an air passage (45, 451/452/453) isolatedly disposed from the e-liquid passage (Page 5);
the atomizing core (30) is installed (see above) inside the cavity body (44 illustrated below), the flue is in communication with the air passage (see above), and
the air passage (via 613) is in communication with the cavity body below the atomizing core (see above; Page 6’s fifth paragraph explains that air is drawn through 613, which is below the atomizing core, and up through the rest of the structure);
the atomizing core (30) comprises:
a seepage surface (top in Fig. 7) in communication with the e-liquid passage (see above);
an atomizing surface (bottom in Fig. 7)exposed in the cavity body (see above); and
a heating wire (Fig. 10, 32/33) disposed on the atomizing surface (see above);
the heating wire comprises:
a heating wire main body (portion between 32/33; see above), and
a first electrode (32 or 33) and a second electrode (32 or 33), connected to two sides of the heating wire main body (see above);
wherein the base (50) comprises:
an insulation base body (51); and
an
wherein the
a contact portion, exposed to a bottom surface of the insulation base body (see above); and
an
CHEN’s terminals (55) are “conductive columns” (top of page 7).
Accordingly, CHEN fails to explicitly disclose:
1) an elastic terminal,
-As explained more below, this is made obvious by other teachings of CHENG;
2) that the elastic terminals are integrally formed on the insulation base body through injection molding; and
-As explained more below, CHENG makes obvious both a) a structure which arrives at the broadest reasonable interpretation of this product-by-process limitation and b) actually integrally forming the elastic terminals with the base body through injection molding
3) wherein the elastic terminal comprises an elastic arm.
- As explained more below, CHENG’s disclosure does not make obvious this limitation.
With respect to CHEN’s first deficiency, CHEN teaches “the conductive post 55 may take the form of elastic contact piece, the elastic force is resisted on the heating wire 33.” (top of page 6) (annotation added to emphasize that this is a teaching and not a feature explicitly present in the embodiment illustrated in the Figures, which illustrate a pin/column contact).
It would have been obvious to one of ordinary skill in the art as of the effective filing date to incorporate the above teachings of CHEN’s elastic contact piece into the disclosure of CHEN referenced above and modify the conductive column/posts of CHEN to take the form of eleastic contact pieces for the benefit of supporting the atomizing core and preventing the same from moving downwards/dislodging when exposed to a strong external force, e.g., when the cartridge is dropped (as taught by CHEN at the top of page 7).
Turning now to “integrally formed on the insulation base body through injection molding,” this a product-by-process limitation. Generally, the patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. MPEP 2113.
CHEN discloses that the base’s insulation body is “integrally formed with at least a pair of conductive posts 55.” (CHEN bottom of page 6 and extending onto the top of page 7). This integral relationship appears to be substantially identical to the product claimed, which is claimed as “integrally formed.” Accordingly, CHEN is considered to make obvious an elastic terminal (for the reasons stated in the rationale two paragraphs above), which is disclosed as being integrally formed—arriving at a structure, which is substantially similar to the claimed “an elastic terminal, integrally formed on the insulation base body through injection molding.” See MPEP 2113 (explaining “a once a product appearing to be substantially identical is found and a prior art rejection is made, the burden shifts to the applicant to show an nonobvious difference.”)
Additionally, elsewhere CHENG teaches that integral parts are formed by “injecting and moulding.” (second to last full paragraph on page 6). It would have been obvious to one of ordinary skill in the art as of the effective filing date to incorporate the specific teachings of CHENG’s injection molding (as taught by CHENG’s second to last full paragraph on page 6) into CHENG’s generic disclosure that the base’s insulation body is “integrally formed with at least a pair of conductive posts 55” (CHEN bottom of page 6 and extending onto the top of page 7) and arrive at an elastic terminal formed on the insulation base body through injection molding for the benefit of structure which is integrally formed together (as taught by CHEN at second to last paragraph on page 6).
While CHEN makes obvious an elastic terminal generally (see above), this would generally make obvious modifying the electric posts of CHEN to be biased, e.g., spring loaded or otherwise.
Accordingly, CHEN fails to explicitly disclose or make obvious alone “an elastic arm, abutting upward against and electrical contact with the first electrode and the second electrode of the atomizing core,” consistent with the broadest reasonable interpretation of the limitation in light of Applicant’s Drawings. Please see Applicant’s Fig. 9 illustrating an elastic arm:
LIU teaches elastic terminals similar those made obvious by CHEN, e.g., spring loaded contact posts (LIU at Fig, 7–8; 6:5–47). Please see reproduction below:
LIU also teaches that elastic terminals with elastic arms are functional equivalents to the spring-loaded contact posts. (LIU at Fig, 5–6,’s 72 and 52; 5:49–6:44). Please see reproduction below:
In view of the teachings of LIU, one of ordinary skill in the art understands that terminals with spring-loaded posts are functional equivalents to terminals with elastic arms because the force imparted by both types of terminal improve connection between electrical components (LIU at 5:45–6:44) enabling automated assembly of the cartridge due to its simple and convenient manner of maintaining electrical connections. (as taught by LIU at 3:15–21).
Accordingly, it would have been obvious to one of ordinary skill in the art as of the effective filing date to incorporate the specific teachings of LIU’s elastic arm into the generic disclosure of CHEN’s elastic terminal for the benefit of enabling automated assembly of the cartridge due to its simple and convenient manner of maintaining electrical connections. (as taught by LIU at 3:15–21).
Additionally or alternatively, one of ordinary skill in the art would understand that LIU’s elastic arms are functional equivalents to the elastic terminals generically made obvious by CHEN (both elastically deform to maintain electrical connections for the reasons state at length above). Accordingly, it would have been obvious to one of ordinary skill in the art to substitute LIU’s known elastic arms for CHEN’s generically disclosed elastic terminals because both types of terminals would predictably maintain electrical connections via their elastic deformation. See MPEP § 2143(B) (explaining a finding that one of ordinary skill in the art could have substituted one known element for another, and the results of the substitution would have been predictable is an example of the basic requirement of a prima facie case of obviousness.)
As to claim 12, CHEN and LIU make obvious the cartridge according to claim 11.
CHEN fails to disclose wherein the elastic terminal further comprises a material connection portion; wherein the elastic terminal is connected to a material strip via the material connection portion.
LIU further teaches wherein the elastic terminal further comprises a material connection portion (521/721); wherein the elastic terminal is connected to a material strip (3) via the material connection portion (521/721 ;5:49–62).
It would have been obvious to one of ordinary skill in the art as of the effective filing date to further incorporate the teachings of LIU’s material connection portion into the disclosure of modified CHEN for the benefit/predictable result of securing the elastic arm (as taught by LIU at 5:49–62).
As to claim 13, CHEN and LIU make obvious the according to claim 12.
CHEN discloses/makes obvious a plurality of elastic terminals are connected to a same material strip via the material connection portions (CHEN makes obvious two elastic terminals 55 connected to the same material connection portions in Fig. 17).
It would have been further obvious to extend the modification/teachings from LIU into both elastic terminals of CHEN for the benefit of enabling automated assembly of the cartridge due to its simple and convenient manner of maintaining electrical connections. (as taught by LIU at 3:15–21) or as a simple substation (for the reasons stated above).
This arrives at wherein a plurality of elastic terminals are connected to a same material strip via the material connection portions.
Such a structure would also be capable of a process to realize automated material-pulling injection molding of the elastic terminals.
Allowable Subject Matter
Claims 14–17, and 18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
As to claim 14, the primary reasons for indicating this claim contains allowable subject matter is that the prior art fails to provide any teachings, suggestions, motivations, or other rationales to arrive at, together with other limitations of claim 11, a substrate with 1) a second step, formed by extending upward from the first step; 2) a recessed portion, formed by recessing downward from a middle of the second step; and 3) wherein an upper part of the recessed portion and a lower part of the cavity body jointly define an atomizing cavity.
As to claim 14, CHEN CN 110338462 (“CHEN”) (published 10/18/2019) (with reference made to the attached machine translation) in view of LIU US 9596885 (“LIU”) make obvious the according to claim 13.
CHEN further discloses wherein the insulation base body (50) comprises:
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a substrate (51);
a first step (52), formed by extending upward from the substrate (Fig. 11); and
a recess (Fig. 11).
CHEN fails to disclose
1) a second step, formed by extending upward from the first step; and
2) a recessed portion, formed by recessing downward from a middle of the second step; and
3) wherein an upper part of the recessed portion and a lower part of the cavity body jointly define an atomizing cavity.
LIU fails to remedy the above deficiency.
A search for the above features within an insulating base body also failed to remedy the above features.
Accordingly, claim 14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims because the prior art ails to provide any teachings, suggestions, motivations, or other rationales to arrive at, together with other limitations of claim 11, a substrate with 1) a second step, formed by extending upward from the first step; 2) a recessed portion, formed by recessing downward from a middle of the second step; and 3) wherein an upper part of the recessed portion and a lower part of the cavity body jointly define an atomizing cavity.
Claims 15–17 would also be allowable for the same reasons via their dependency on claim 14, which would be allowable for the reasons stated above.
As to claim 18, please note that this claim is objected to for the reasons stated in the relevant section above. The primary reasons for indicating this claim contains allowable subject matter is that the prior art fails to provide any teachings, suggestions, motivations, or other rationales to arrive at, together with other limitations of claim 11, the atomizing core further comprises a pair of extension walls, formed by extending upward from two longitudinal sides of the ceramic substrate; and a transverse through-groove, defined between the pair of the extension walls; wherein two ends of the transverse through-groove are in communication with the e-liquid passage, to allow an e-liquid to enter the transverse through-groove.
This allowable feature corresponds to the follow structure from the Applicant’s Drawings:
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Simply stated, this grooved feature is an improvement on CHEN’s ceramic atomizing core, which is disclosed as being solid. CHEN arrives at a similar concept, but does so by creating a longitudinal through-groove within the underside of the closure member and nesting the solid ceramic atomizing assembly against longitudinal through-groove.
Please see reproduction below:
US 20170119061 teaches grooves above and below a heating coil (Fig. 3), but fails to remedy the above deficiency.
Accordingly, the primary reasons for indicating that claim 18 contains allowable subject matter is that the prior art fails to provide any teachings, suggestions, motivations, or other rationales to arrive at, together with other limitations of claim 11, the atomizing core further comprises a pair of extension walls, formed by extending upward from two longitudinal sides of the ceramic substrate; and a transverse through-groove, defined between the pair of the extension walls; wherein two ends of the transverse through-groove are in communication with the e-liquid passage, to allow an e-liquid to enter the transverse through-groove.
As to independent claim 19, please note that this claim is objected to for the reasons stated in the relevant section above and contains indefinite limitations.
The primary reasons for indicating this claim contains allowable subject matter is that the prior art fails to provide any teachings, suggestions, motivations, or other rationales to arrive at:
1) the atomzing core comprises:
extension walls, formed by extending upward from two longitudinal sides of the porous body; and a transverse through-groove, defined between the pair of the extension walls; a seepage surface is formed at a bottom surface of the transverse through-groove; and
2) a packing portion, formed in the accommodation cavity;
wherein the packing portion is clamped between the atomizing core and the accommodation cavity;
the packing portion comprises:
a packing wall, clamped between an outer side surface of the atomizing core and an inner wall surface of the accommodation cavity; and
a covering portion, extending from the packing wall and pressing against the seepage surface in an interference manner.
CHEN CN 110338462 (“CHEN”) (published 10/18/2019) (with reference made to the attached machine translation) discloses a cartridge, comprising:
an atomizing core (30);
a tube body (10);
a closure member (40);
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a sealing member (60) integrally formed (see above) on the closure member (40); and
a base (50);
wherein the atomizing core (30) comprises:
a porous body (page 6’s “the atomizing core 30 is made of porous ceramic material” );
e
the closure member (40) comprises:
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a main body portion (40 or 41);
an e-liquid passage (43) and an air passage (45, 451/452/453), defined on the main body portion and being independent of each other (see above);
an accommodation cavity (44), disposed below the e-liquid passage and in communication with the e-liquid passage (43; see below);
and
a part of an atomizing cavity (near 613), disposed below the accommodation cavity;
the sealing member (60) comprises:
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an upper sealing portion (63) and a lower sealing portion (61), clamped between the tube body (10) and the closure member (40; clamping relationship best illustrated in Fig. 17).
However, CHEN fails to disclose:
1) the atomzing core comprises:
extension walls, formed by extending upward from two longitudinal sides of the porous body; and a transverse through-groove, defined between the pair of the extension walls; a seepage surface is formed at a bottom surface of the transverse through-groove; and
2) a packing portion, formed in the accommodation cavity;
wherein the packing portion is clamped between the atomizing core and the accommodation cavity;
the packing portion comprises:
a packing wall, clamped between an outer side surface of the atomizing core and an inner wall surface of the accommodation cavity; and
a covering portion, extending from the packing wall and pressing against the seepage surface in an interference manner.
With respect the first allowable feature above, this is allowable for substantially the same reasons set out with respect to claim 18 above. Specifically, this grooved feature is an improvement on CHEN’s ceramic atomizing core, which is disclosed as being solid. CHEN arrives at a similar concept, but does so by creating a longitudinal through-groove within the underside of the closure member and nesting the solid ceramic atomizing assembly against longitudinal through-groove. That is, CHEN’s through-groove is in the closure member—not in the atomizer.
With respect the first allowable feature above, CHEN fails to disclose a packing portion, formed in the accommodation cavity; wherein the packing portion is clamped between the atomizing core and the accommodation cavity; the packing portion comprises: a packing wall, clamped between an outer side surface of the atomizing core and an inner wall surface of the accommodation cavity; and a covering portion, extending from the packing wall and pressing against the seepage surface in an interference manner.
Simply stated, the prior art fails to remedy this deficiency.
Accordingly, claim 19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, (again please see proposed amendment under “Claim Rejections - 35 USC § 112” above) set forth in this Office action because the prior art fails to provide any teachings, suggestions, motivations, or other rationales to arrive at:
1) the atomzing core comprises:
extension walls, formed by extending upward from two longitudinal sides of the porous body; and a transverse through-groove, defined between the pair of the extension walls; a seepage surface is formed at a bottom surface of the transverse through-groove; and
2) a packing portion, formed in the accommodation cavity;
wherein the packing portion is clamped between the atomizing core and the accommodation cavity;
the packing portion comprises:
a packing wall, clamped between an outer side surface of the atomizing core and an inner wall surface of the accommodation cavity; and
a covering portion, extending from the packing wall and pressing against the seepage surface in an interference manner.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20140220398 discloses a spring actuated contact terminal ([0020]). Please see reproduction below:
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US 20150027460 discloses various elastic arms ([0054]; Figs. 8–10). Please see reproduction below:
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US 20150366267 discloses elastic electrode column and the second elastic electrode column includes a fixing sleeve, a spring, and a conductive terminal. Please see reproduction below:
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANLEY L CUMMINS IV whose telephone number is (571)272-1060. The examiner can normally be reached Monday-Friday 9:30 a.m. - 6:00 p.m. (CST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/MANLEY L CUMMINS IV/Primary Examiner, Art Unit 1747