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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/27/2025 (“Amendment”) has been entered.
The objection to the specification and the claim rejections under 35 USC 103 are withdrawn in light of the amendment to claims 1 and 19-20. However, new rejections under 35 USC 103 are necessitated by the amendment. Krietzman is now applied in the rejection of claims 1 and 19-20 and Elias is now applied in the rejection of claim 20.
Response to Arguments
Applicant's arguments with respect to the claim rejections under 35 USC 103 (Amendment p. 9-14) have been fully considered but they are not persuasive.
Regarding claims 1 and 19, Applicant argues that Li, Lin, and Krietzman fail to disclose “a sealing seat for detachably fixing the pot bottom of the heating pot in the pot body of the heating pot” and “the embedded portion of the thermal insulation device is located within an axial air inlet hole defined by the sealing seat” as claimed (Amendment p. 9-12). The Examiner respectfully disagrees as set forth in detail immediately below.
Applicant first argues that Krietzman fails to disclose a “sealing seat” as claimed (Amendment p. 9-10). The Examiner respectfully disagrees because Krietzman is not cited for the claimed “sealing seat” nor “embedded portion”, but rather is solely cited for replacing the bottom of Li’s smoke pot 207 with Krietzman’s removable floor 32 (Non-Final Office Action mailed 09/05/2025 p. 10).
Applicant next argues that Li fails to teach or suggest the claimed “sealing seat” because Li fails to disclose the connection portion 2062 being detachably fixed to the bottom wall of the smoke pot 207, and because the connection portion 2062 is not in contact with the bottom wall of the smoke pot 207 nor cylindrical chamber 2074 in Li’s Fig. 1 (Amendment p. 10-11). The Examiner respectfully disagrees because Li discloses the connecting portion 2062 being used to fix the thermal cup 206 in the housing 203, and the cup 206 contains the pot 207 [0030]. When modifying the smoke pot 207 to have Krietzman’s removable floor 32, Li’s connecting portion 2062, which is adjacent to the bottom of the cup 206 and pot 207 as shown in Fig. 1, would thus read on “a sealing seat for detachably fixing the pot bottom”, particularly because the claim fails to recite any specific structure of the sealing seat which facilitates such detachability and distinguishes the connection portion 2062.
Applicant further argues that Li’s fixing member 209 is cited for the claimed “first bottom wall” of the “thermal insulation device” rather than the “heating pot” (Amendment p. 11). The Examiner respectfully disagrees because the heat insulating component 204 is cited for the “thermal insulation device” (Non-Final Office Action mailed 09/05/2025 p. 4-5). The bottom of the component 204 meets the fixing member 209 as shown in Fig. 1, and thus the claimed “first bottom wall” is the bottom of the component 204 which is defined by the top of the fixing member 209.
Applicant further argues that Li and Lin each fail to disclose the claimed “embedded portion”, particularly because Lin discloses a connector 11 but is silent on providing a “sealing seat” and “embedded portion” as claimed (Amendment p. 11-12). The Examiner respectfully disagrees because Li’s connecting portion 2062 is cited for the “sealing seat” and the vent hole 2061 is cited for the “axial air inlet hole”, and Lin’s hollow threaded connector 11 reads on the “embedded portion” because it connects two components while allowing airflow through itself [0042], and thus it would be obvious to position Lin’s connector 11 between Li’s connecting portion 2062 and fixing member 209 in order to detachably couple them as disclosed by Li (Li discloses threads for such coupling as discussed in the Non-Final Office Action mailed 09/05/2025 at p. 5-7) while allowing airflow through Li’s vent hole 2061.
Regarding claim 20, Applicant argues that Elias fails to disclose “arm portions” as claimed, because Elias is different from the subject matter of the claims, and discloses the flexible arms 62 for allowing an object 12 to float in a liquid 16, but fails to disclose the claimed arm portions of the pot bottom being distributed around the body of the sealing seat as recited in amended claim 20 (Amendment p. 12-14). The Examiner respectfully disagrees because Elias is reasonably pertinent to the problem of detachably securing an object, and Elias is cited solely for its extending flexible arms 62, which would be obvious to use for securing Krietzman’s removable floor 32 in Li’s smoke pot 207 (Non-Final Office Action mailed 09/05/2025 at p. 11-12). For instance, one of ordinary skill in the art would recognize that the arms 62 could be configured to secure the floor 32 to Li’s connection portion 2062.
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, 9-10, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 204070571 U, previously cited) in view of Lin (CN 205597123 U, previously cited) and Krietzman (US 2018/0168237 A1, previously cited).
Regarding claim 1, Li is directed to a baking-type atomizer and electronic cigarette (Title).
The electronic cigarette 10 includes the baking-type atomizer 20 with a housing 203 (which reads on “a vaporization body” as claimed) containing a smoke pot 207 (“heating pot”) ([0028-29] and Figs. 1-4).
The housing 203 contains a power supply assembly 30 (“power supply device”) ([0036], Fig. 1).
The housing 203, a heat insulating component 204, and a fixing member 209 (which together read on “a vaporization seat”) receive the smoke pot 207 and a heat conducting cup 206 ([0030, 0032] and Fig. 1).
Electrodes (“electrode device”) of the power supply assembly 30 are connected to a heating wire 205 wrapped around the heat conducting cup 206 [0030].
The heat insulating component 204 (“thermal insulation device”) surrounding the smoke pot 207 has a bottom wall defined by the fixing member 209 and a cylindrical side wall ([0031] and Fig. 1, annotated below). Li fails to disclose “an embedded portion arranged on an upper surface of the first bottom wall”.
The smoke pot 207 has a cylindrical chamber 2074 and a bottom wall (“pot body” and “pot bottom”) ([0032] and Fig. 4). A connecting portion 2062 (“sealing seat”) detachably fixes the smoke pot 207 to the fixing member 209 ([0030] and Fig. 1).
Li discloses that “smoke pot 207 is taken out from the heat-conducting cup 206” and “[t]he connecting portion 2062 is detachably coupled to the fixing member 209”, and thus smoke pot 207 is detachably coupled to fixing member 209 and heating wires 205 (which reads on “wherein the heating pot is detachably embedded in the thermal insulation device… and wherein the heating pot is detachably electrically connected to the electrode device”) ([0008, 0019, 0030, 0035]). Li further discloses vent hole 2061 (“axial air inlet hole”) running through the connection portion 2062 ([0030, 0032], Fig. 1).
Li fails to explicitly disclose “an embedded portion arranged on an upper surface of the first bottom wall”. Li fails to explicitly disclose the bottom of the smoke pot 207 being “detachably arranged in the pot body” as claimed. Li discloses the connecting potion 2062 which connects the cup 206 and pot 207 to the fixing member 209 via threads [0030], but fails to specifically disclose the connecting portion 2062 being “configured to detachably fix the pot bottom of the heating pot in the pot body of the heating pot” as claimed. Li fails to disclose the smoke pot 207 being detachably embedded “such that the embedded portion of the thermal insulation device is located within an axial air inlet hole defined by the sealing seat of the heating pot”.
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Lin is directed to an oval e-cigarette (Title). The e-cigarette includes a power supply assembly 1 and an atomizer 2 coupled by a hollow threaded connector 11 (“embedded portion”), which connects the components while allowing airflow through the connector 11 ([0042], Fig. 9, reproduced below).
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Krietzman is directed to a dynamic zoned vaporizer (Abstract). Krietzman discloses a removable floor 32 (“pot bottom detachably arranged”) of a heating chamber 30 ([0069] and Fig. 1C). Krietzman discloses that “[r]epeated heating of a chamber from walls or floor surrounding the chamber can eventually dry out and burn the material” ([0042]), and thus one of ordinary skill in the art would recognize that the floor being removable allows it to be replaced or cleaned in order to avoid the disclosed drying out and burning of material.
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 Li to include Lin’s hollow threaded connector 11 between Li’s fixing member 209 and connection portion 2062 to couple them to one another, because Li and Lin are both directed to electronic cigarettes, Li discloses threads between the connection portion 2062 and the fixing portion 209, Lin teaches that the connector 11 connects two components while allowing airflow through itself, 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). It would be further obvious for one having ordinary skill in the art to modify Li‘s smoke pot 207 by substituting the bottom with the removable floor 32 of Krietzman, because both Li and Krietzman are directed to vaporization devices, Krietzman teaches the problematic drying out and burning of material which one of ordinary skill in the art would recognize should be avoided, and this 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). In such a configuration, it would further be obvious to configure Li’s connection portion 2062 to detachably fix the removable floor 32 to the smoke pot 207 because the connection portion 2062 is adjacent to the bottom of cup 206 and pot 207 as shown in Li’s Fig. 1.
Regarding claim 2, as set forth above, the smoke pot 207 has a cylindrical chamber 2074 (“cylindrical pot body”) ([0032] and Fig. 4). The heating wire 205 is wound around (“arranged on an outer surface”) the outer wall of the heat conducting cup 206 as set forth above ([0030] and Fig. 1). The heating wire 205 is detachably connected to the electrodes of the power supply assembly 30 as set forth above [0030].
Regarding claim 3, Li discloses a circuit board 210 connected to a switch button 211 used to start or shut down the baking-type electronic cigarette 10 (which reads on “at least one heating circuit”) [0034]. As set forth above, the heating wire 205 has two ends connected to the electrodes of the power supply assembly 30 (which reads on “at least two electrode portions arranged at two ends of the at least one heating circuit, and wherein the at least two electrode portions are detachably electrically connected to the electrode device”) [0030].
Regarding claim 4, as set forth above, the heating wire 205 is wrapped around the heat conducting cup 206 and smoke cup 207 (which reads on “wherein the heating element comprises…an electric heating wire arranged on the outer surface of the pot body”) [0030].
Regarding claim 6, Li discloses the smoke pot 207 with cylindrical chamber 2074 and bottom, as set forth above. Li further discloses that the smoke pot 207 can be disassembled from the electronic cigarette 10 to clean the ash inside [0035]. Modified Li discloses the removable floor 32 of the smoke pot 207 which is “detachably arranged” within the chamber 2074, specifically in the lower end opening as claimed.
Regarding claim 9, the smoke pot 207 is fixed in the heat insulating component 204 ([0032]), and would fit in axially as shown in Figs. 1-4 (which reads on “wherein the heating pot is detachably embedded in the thermal insulation device in an axial direction”). The heat insulating component 204 defines an interior space wherein heating wire 205, heat conducting cup 206 and smoke pot 207 are detachably received (which reads on “wherein the thermal insulation device further comprises a first opening, and wherein the electrode device is detachably electrically connected to the heating pot through the first opening”) ([0030-32] and Fig. 1).
Regarding claim 10, the interior space within heat insulating component 204 includes a joint portion of the bottom wall and side wall as shown in Fig. 1 (which reads on “wherein the first opening is formed at a joint portion of the first bottom wall and the first side wall”).
Regarding claim 18, Li discloses a suction nozzle 201 (“suction nozzle assembly”) detachably connected to the housing 203 ([0029, 0035] and Fig. 1).
Claim 19 is definitively broader than claim 1 (it recites the same limitations as claim 1 except claim 19 omits the “power supply device” and is therefore rendered obvious similar to claim 1).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 204070571 U) in view of Lin (CN 205597123 U) and Krietzman (US 2018/0168237 A1) as applied to claim 2, further in view of Ding (WO 2019/047204 A1, previously cited).
Li discloses the smoke pot 207 removably disposed in the housing 203 to accommodate solid smokeable material, as set forth above [0032]. The smoke pot 207 can be heat conductive material such as metals [0032]. However, Li does not explicitly disclose that the smoke pot 207 comprises a “quartz material” as claimed.
Ding is directed to a tobacco evaporator [0001]. Ding teaches that the evaporation chamber is preferably made of quartz “which will not produce odor and taste, ensure the taste is pure, and the surface of the glass material Not easy to stick to dirt, better clean, improve user experience” [0032].
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 Li’s smoking pot 207 to include the quartz material of Ding, because both Li and Ding are directed to vaporization devices, Ding teaches that quartz improves smell, taste, and easiness to clean, and this would involve the use of a known technique to improve a similar device in the same way. 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).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 204070571 U) in view of Lin (CN 205597123 U) and Krietzman (US 2018/0168237) as applied to claim 6, further in view of Elias (US 9,943,191 B1, previously cited).
Regarding claim 7, modified Li discloses the smoke pot 207 with cylindrical chamber 2074 and removable floor 32, as set forth immediately above. Krietzman’s removable floor 32 is shown in Fig. 1C as sheet-shaped (“sheet-shaped body portion”). The removable floor 32 includes intakes 82 (“first air inlet hole”) which allow air to be drawn through the case into the chamber 30 ([0055] and Fig. 1C). Li and Krietzman fail to explicitly disclose a pot bottom including “a plurality of elastic arm portions” and “wherein the arm portions are distributed on a circumference of the body portion at intervals and protrude radially at least one of outward and downward” as claimed.
Elias is directed to an apparatus for holding an object in a liquid bath using elongated flexible arms (Abstract) and is therefore reasonably pertinent to the problem solved by the inventor of the instant application (i.e., how to detachably secure the pot bottom within the electronic vaporization device). Elias discloses one or more outwardly extending flexible arms 62 (“a plurality of elastic arm portions”) that are attached to or integral with a base 58 of a holding apparatus 10, in order to hold an object 12 in place (which reads on “wherein the arm portions are distributed on a circumference of the body portion at intervals and protrude radially at least one of outward and downward”) (col. 7 l. 64-col. 8 l. 21 and Figs. 1-7).
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 Li’s smoke pot 207 to include the flexible arms 62 of Elias, because Li is directed to an electronic cigarette and Elias is reasonably pertinent to the claimed invention, Elias teaches that the arms 62 hold an object in place, and this would involve the use of a known technique to improve a similar device in the same way. 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 8, Li discloses the connecting portion 2062 (“sealing seat”) as set forth above. The connecting portion 2062 has a vent hole 2061 (“second air inlet hole”) which would be in communication with Krietzman’s intakes 82 (“first air inlet hole”) in the combination (see [0030] and Fig. 1, wherein vent hole 2061 is in communication with the bottom of the smoke pot 207).
Claims 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 204070571 U) in view of Lin (CN 205597123 U) and Krietzman (US 2018/0168237) as applied to claim 9, further in view of Qiu (US 2018/0077968 A1, previously cited).
Regarding claim 11, Li discloses fixing member 209 (“fixing device”) which has bottom and cylindrical side walls as shown in Fig. 1 and fixes the heat conducting cup 206 and smoke pot 207 ([0030] and Fig. 1, annotated further below). Li fails to explicitly disclose “wherein the fixing device further comprises a second opening corresponding to the first opening, and wherein the electrode device is detachably electrically connected to the heating pot through the second opening and the first opening in sequence.”
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Qiu is directed to an atomizer head including an atomizing heating assembly with first and second electrode seats 51, 52 (Abstract, [0048]). Qiu discloses a mounting hole 516 which cooperates with a mounting slot 517 to mount the second electrode seat 52 on atomizing assembly 322 which includes a heating element 57 (which reads on “wherein the fixing device further comprises a second opening corresponding to the first opening, and wherein the electrode device is detachably electrically connected to the heating pot through the second opening and the first opening in sequence”) ([0048] and Figs. 10-12, reproduced below). Qiu further discloses that in this mounting arrangement, heating element 57 can be conveniently replaced ([0048]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fixing member 209 of Li to include the electrode seats 51, 52, including at least mounting hole 516 and mounting slot 517 of Qiu, because Li and Qiu are directed to vaporization devices, Qiu teaches that this arrangement facilitates the detachability of heating components, 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 12, modified Li discloses the hollow threaded connector 11 of Lin coupling the fixing member 209 and connecting portion 2062, as set forth above in the discussion of claim 1. Lin’s connector 11 is hollow (“third air inlet hole”) which allows airflow therethrough (Lin [0042], Fig. 9) as set forth above.
Li fails to explicitly disclose “wherein the thermal insulation device comprises a flange arranged on an outer wall surface of the first side wall and close to an upper end opening, and the flange being erected on an upper end surface of the second side wall; and wherein an interval is formed between a lower surface of the first bottom wall and an upper surface of the second bottom wall, the interval communicating the third air inlet hole and the second opening.”
Qiu discloses mounting plate 514 (“flange”) as part of the first electrode seat 51 ([0048] and Fig. 12). Qiu discloses air inlet hole 3214 near the bottom of the atomizing tube 321 which allows external air to flow into the atomizing tube 321 (which reads on “wherein an interval is formed between a lower surface of the first bottom wall and an upper surface of the second bottom wall, the interval communicating the third air inlet hole and the second opening”) ([0048] and Fig. 10).
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 the fixing member 209 of Li to include (1) the mounting plate 514 of Qiu, for the same reasons as discussed above with respect to claim 11, and (2) the air inlet hole 3214, in order to allow external air to reach the heat conducting cup 206 as taught by Qiu, which 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, modified Li discloses the fixing member 209 with Qiu’s mounting hole 216 and mounting slot 217, as set forth above. Li fails to explicitly disclose “wherein the second opening is formed at a joint portion of the second bottom wall and the second side wall”.
As shown in Fig. 12, Qiu’s mounting hole 216 is disposed near the bottom of heating element 57 and attaches the electrode seat 52 on one side of the heating element 57 (which reads on “wherein the second opening is formed at a joint portion of the second bottom wall and the second side wall”) ([0048] and Fig. 12).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fixing member 209 of Li to include the mounting hole 516 of Qiu, for the same reasons as discussed above with respect to claim 11.
Regarding claim 14, Li discloses fixing member 209 as set forth above. Li fails to explicitly disclose “wherein the fixing device further comprises an electrode fixing portion arranged on an outer wall surface of the second side wall, and wherein the electrode device is mounted on the electrode fixing portion”.
Qiu discloses electrode seats 51 and 52 which are mounted outside the atomizing tube 321 (which reads on “wherein the fixing device further comprises an electrode fixing portion arranged on an outer wall surface of the second side wall, and wherein the electrode device is mounted on the electrode fixing portion”) ([0048] and Fig. 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the fixing member 209 of Li to include the electrode seats 51 and 52 of Qiu, for the same reasons as discussed above with respect to claim 11.
Regarding claim 15, Li discloses electrodes of the power supply assembly 30 which are connected to ends of the heating wire 205 as set forth above ([0030]). Li further discloses that the atomizer 20 and power supply assembly 30 may be detachable (which reads on “wherein the electrode device comprises at least one electrode, the at least one electrode being electrically connected to the power supply device and elastic”) ([0036]). Li also discloses fixing member 209 which fixes the heat conducting cup 206 and smoke pot 207 as set forth above. However, Li fails to explicitly disclose “wherein the at least one electrode comprises a fixing portion fixed on the electrode fixing portion, a contact portion, and a connecting portion connecting the fixing portion and the contact portion, and wherein the contact portion is in elastic contact with the heating pot through the second opening and the first opening in sequence to implement a detachable electrical connection between the electrode device and the heating pot.”
Qiu discloses the mounting plate 514 cooperating with the mounting hole 516 and mounting slot 517 to mount the electrode seat 52 (which reads on “wherein the at least one electrode comprises a fixing portion fixed on the electrode fixing portion”) ([0048] and Fig. 12). Qiu discloses a conducting part 54 (which reads on “a contact portion”) which is engaged with the end of a rod body 521 on second electrode seat 52 (which reads on “a connecting portion connecting the fixing portion and the contact portion”) ([0048] and Fig. 12). Qiu discloses that the heating element 57 can be pulled out with force ([0048]), and thus the connection between conducting part 54 and heating element 57 is elastic (which reads on “wherein the contact portion is in elastic contact with the heating pot through the second opening and the first opening in sequence to implement a detachable electrical connection between the electrode device and the heating pot”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrodes and the fixing member 209 of Li to include the electrode seats 51 and 52 of Qiu, including conducting part 54, mounting plate 514, mounting hole 516, mounting slot 517, and rod body 521, for the same reasons as discussed above with respect to claim 11.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 204070571 U) in view of Lin (CN 205597123 U), Krietzman (US 2018/0168237), and Qiu (US 2018/0077968 A1) as applied to claim 15, further in view of Liu (US 2014/0007891 A1, previously cited).
Li discloses electrodes of the power supply assembly 30 which are connected to ends of the heating wire 205, and fixing member 209 which fixes the heat conducting cup 206 and smoke pot 207, as set forth above. Qiu discloses rod body 521 on second electrode seat 52 as set forth above. Qiu fails to disclose that the rod body 521 has a “V shape” as claimed, but changes in shape are generally not a patentable distinction over the prior art. See in re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966); see also MPEP 2144.04(IV)(B). The references fail to disclose “wherein the at least one electrode comprises a metal elastic sheet integrally formed”.
Liu is directed to an electronic cigarette (Abstract). Liu discloses atomizer electrode elements 17, 19 and battery electrode elements 914, 915 which are flexibly deformable metal sheets (“metal elastic sheet”) ([0056, 0069] and Figs. 3-4 and 14). Liu discloses that the flexible contact between electrode elements allows for easy assembly and reliable electrical connection ([0024-25]). Liu fails to disclose the electrode elements being “integrally formed”, but integral formation of parts is generally not a patentable distinction over the prior art. See in re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965); see also MPEP 2144.04.
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 Li’s electrodes to be integrally formed flexibly deformable metal sheets as taught by Liu, because both Li and Liu are directed to electronic cigarettes, Liu teaches that the flexible contacts allow for easy assembly and reliable electrical connection, integral formation of parts is within the purview of the ordinarily skilled artisan, and this would involve the use of a known technique to improve a similar device in the same way. 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).
Further, it would have been obvious to further modify Li by providing Qiu’s rod body 521 with a V shape, for the same reasons as set forth above in the discussion of claim 15 and because this would be a mere change in shape which is within the purview of the ordinarily skilled artisan.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 204070571 U) in view of Lin (CN 205597123 U), Krietzman (US 2018/0168237), and Qiu (US 2018/0077968 A1) as applied to claim 15, further in view of Deng (CN 111182662 A, previously cited).
Li discloses electrodes of the power supply assembly 30 which are connected to ends of the heating wire 205, and the fixing member 209 which fixes the heat conducting cup 206 and smoke pot 207, as set forth above ([0030] and Fig. 1). Qiu discloses electrode seats 51 and 52 with mounting hole 516 below them (which reads on “wherein the electrode fixing portion is located on an upper side of the second opening”) ([0048] and Fig. 12). Mounting plate 514 sits below the electrode seat 52 as shown in Fig. 12 (which reads on “the fixing portion of the at least one electrode is fixed on a lower surface of the electrode fixing portion”). The references fail to disclose “wherein the electrode fixing portion has an arc strip shape and is horizontally wound around an outer wall surface of the first side wall”.
Deng is directed to a graphene electric heating element for non-combustion cigarettes ([0007]). Deng discloses first arc strips 121 and second arc strips 131 which are arranged on the side wall of a support substrate 15 (which reads on “wherein the electrode fixing portion has an arc strip shape and is horizontally wound around an outer wall surface of the first side wall”) ([0049] and Figs. 1-2). Deng discloses that the arc strips 121, 131 are arranged on the side wall in an alternating manner to “avoid the problem of uneven current on the graphene electrothermal coating 11 due to the voltage drop effect after power is turned on, thereby ensuring that the graphene electrothermal coating 11 heats evenly” ([0049]).
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 Li’s electrodes to include Deng’s arc strips 121, 131 wrapped around Li’s heat insulating component 204, because both Li and Deng are directed to vaporization devices, Deng teaches that this arrangement of arc strips 121, 131 ensures even heating, and this would involve the use of a known technique to improve a similar device in the same way. 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).
Claims 20 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 204070571 U) in view of Lin (CN 205597123 U), Krietzman (US 2018/0168237), and Elias (US 9,943,191 B1, previously cited).
Li is directed to a baking-type atomizer and electronic cigarette (Title).
The electronic cigarette 10 includes the baking-type atomizer 20 with a housing 203 (which reads on “a vaporization body” as claimed) containing a smoke pot 207 (“heating pot”) ([0028-29] and Figs. 1-4).
The housing 203, a heat insulating component 204, and a fixing member 209 (which together read on “a vaporization seat”) receive the smoke pot 207 and a heat conducting cup 206 ([0030, 0032] and Fig. 1).
The heat insulating component 204 (“thermal insulation device”) surrounding the smoke pot 207 has a bottom wall defined by the fixing member 209 and a cylindrical side wall ([0031] and Fig. 1, annotated below). Li fails to disclose “an embedded portion arranged on an upper surface of the first bottom wall”.
The smoke pot 207 has a cylindrical chamber 2074 and a bottom wall (“pot body” and “pot bottom”) ([0032] and Fig. 4). A connecting portion 2062 (“sealing seat”) detachably fixes the smoke pot 207 to the fixing member 209 ([0030] and Fig. 1).
Li discloses that “smoke pot 207 is taken out from the heat-conducting cup 206” and “[t]he connecting portion 2062 is detachably coupled to the fixing member 209”, and thus smoke pot 207 is detachably coupled to fixing member 209 and heating wires 205 (which reads on “wherein the heating pot is detachably embedded in the thermal insulation device… and wherein the heating pot is detachably electrically connected to the electrode device”) ([0008, 0019, 0030, 0035]). Li further discloses vent hole 2061 (“axial air inlet hole”) running through the connection portion 2062 ([0030, 0032], Fig. 1).
Li fails to explicitly disclose “an embedded portion arranged on an upper surface of the first bottom wall”. Li fails to explicitly disclose the bottom of the smoke pot 207 being “detachably arranged in the pot body” as claimed. Li discloses the connecting potion 2062 which connects the cup 206 and pot 207 to the fixing member 209 via threads [0030], but fails to specifically disclose the connecting portion 2062 being “configured to detachably fix the pot bottom of the heating pot in the pot body of the heating pot” as claimed. Li fails to explicitly disclose the claimed “arm portions”. Li fails to disclose the smoke pot 207 being detachably embedded “such that the embedded portion of the thermal insulation device is located within an axial air inlet hole defined by the sealing seat of the heating pot”.
Lin is directed to an oval e-cigarette (Title). The e-cigarette includes a power supply assembly 1 and an atomizer 2 coupled by a hollow threaded connector 11 (“embedded portion”), which connects the components while allowing airflow through the connector 11 ([0042], Fig. 9, reproduced below).
Krietzman is directed to a dynamic zoned vaporizer (Abstract). Krietzman discloses a removable floor 32 (“pot bottom detachably arranged”) of a heating chamber 30 ([0069] and Fig. 1C). Krietzman discloses that “[r]epeated heating of a chamber from walls or floor surrounding the chamber can eventually dry out and burn the material” ([0042]), and thus one of ordinary skill in the art would recognize that the floor being removable allows it to be replaced or cleaned in order to avoid the disclosed drying out and burning of material.
Elias is directed to an apparatus for holding an object in a liquid bath using elongated flexible arms (Abstract) and is therefore reasonably pertinent to the problem solved by the inventor of the instant application (i.e., how to detachably secure the pot bottom within the electronic vaporization device). Elias discloses one or more outwardly extending flexible arms 62 (“a plurality of elastic arm portions”) that are attached to or integral with a base 58 of a holding apparatus 10, in order to hold an object 12 in place (which reads on “wherein the arm portions are distributed on a circumference of the body portion at intervals and protrude radially at least one of outward and downward”) (col. 7 l. 64-col. 8 l. 21 and Figs. 1-7).
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 Li to include Lin’s hollow threaded connector 11 between Li’s fixing member 209 and connection portion 2062 to couple them to one another, because Li and Lin are both directed to electronic cigarettes, Li discloses threads between the connection portion 2062 and the fixing portion 209, Lin teaches that the connector 11 connects two components while allowing airflow through itself, 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). It would be further obvious for one having ordinary skill in the art to modify Li‘s smoke pot 207 by substituting the bottom with the removable floor 32 of Krietzman, because both Li and Krietzman are directed to vaporization devices, Krietzman teaches the problematic drying out and burning of material which one of ordinary skill in the art would recognize should be avoided, and this 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). In such a configuration, it would further be obvious to configure Li’s connection portion 2062 to detachably fix the removable floor 32 to the smoke pot 207 because the connection portion 2062 is adjacent to the bottom of cup 206 and pot 207 as shown in Li’s Fig. 1. It would have further been obvious for one having ordinary skill in the art to modify Li’s smoke pot 207 to include the flexible arms 62 of Elias, because Li is directed to an electronic cigarette and Elias is reasonably pertinent to the claimed invention, Elias teaches that the arms 62 hold an object in place, and this would involve the use of a known technique to improve a similar device in the same way. 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). In such a configuration it would further be obvious to modify Li’s smoke pot 207 to be “sleeved on” the connecting portion 2062 as claimed, in combination with the arms 12 securing the pot 207 to the connecting portion 2062.
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.
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/MICHAEL PATRICK MULLEN/Examiner, Art Unit 1747
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749