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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 23 July 2026 has been entered.
Status of the Claims
This office action is in response to Applicant’s amendment filed on 23 July 2026:
Claims 1-16, 18-20 and 22 are pending
Claims 1, 14 and 15 are amended
Claim 22 is new
Claims 2, 17 and 21 are cancelled
Response to Amendment
Applicant's amendments to the claims filed 23 July 2026 have been acknowledged. The rejection to Claim 17 under 35 35 U.S.C. 112(a) is withdrawn due to cancellation of the claim. The rejection to Claim 2 under 35 35 U.S.C. 103 is withdrawn due to cancellation of the claim.
Response to Arguments
Applicant’s arguments filed 23 July 2026, with respect to the rejection(s) of Claim(s) 1, 14 and 15 under 35 U.S.C. 103 have been fully considered and are persuasive.
On Page 9-10 of Applicant’s Remarks, Applicant has amended the claims to specifically recite that the circuit board is not connected to the microporous plate with soldering and argues that Ogawa cannot be relied upon for the electrical conductor because Ogawa’s component requires soldering to connect the electrical (i.e., vaporization plate) component and circuit board.
Examiner agrees with the Applicant’s arguments and therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Liu et al (Publication No. US20200107577A1).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 and 3-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al (Publication No. US20190335580A1) in view of Liu et al (Publication No. US20190335580A1), Ogawa et al (Publication No. US20130105198A1) and Hsieh et al (Publication No. US20120205468A1).
Regarding Claim 1, Lin discloses a microporous vaporization assembly (Atomizing module 100), comprising:
a microporous vaporization plate (Vibration plate 1) (see Fig. 6; [0052]; the plate is considered microporous as said plate further comprises a microporous member 2), configured to vaporize an aerosol-generation substrate to generate aerosols (Fig. 6; [0049, 0052]; module atomizes/vaporizes a liquid/aerosol-generation substrate);
and a circuit board (3) flexibly electrically connected to the microporous vaporization plate (Fig. 8; [0055, 0068-0069]; plate has two electrical contacts 15a/b that connect to the circuit board via elastic external arms 33, implying flexible connection);
the circuit board being configured to transmit an electrical signal of the circuit board to the microporous vaporization plate (Fig. 8; [0054-0055, 0068-0069]; electrical connection between the circuit and plate which is a piezoelectric implies the circuit is configured to transmit electrical signals to operate the piezoelectric plate);
wherein the microporous vaporization plate comprises a ring-shaped piezoelectric plate and a baseplate (Microporous member 2) (Figs. 8, 10; [0052-0054, 0057]);
wherein the piezoelectric plate includes a through hole (First hole 11) (Figs. 7-8; [0054]);
and wherein the base plate includes a plurality of vaporization holes (Atomization holes 21) for the aerosols to run through (Figs. 8, 10; [0052, 0057]).
Lin does not disclose the following:
the assembly further comprising a flexible electrical conductor disposed between the circuit board and the microporous vaporization plate, the flexible electrical conductor being separate from the circuit board and the microporous vaporization plate, wherein the flexible electrical conductor is in contact with the circuit board and the microporous vaporization plate respectively;
wherein the circuit board is connected to the microporous vaporization plate without soldering;
wherein the flexible electrical conductor is configured to elastically deform to maintain electrical contact between the circuit board and the microporous vaporization plate during vibration of the microporous vaporization plate;
the piezoelectric plate is a ceramic plate;
the baseplate plate includes a protruding portion that protrudes through the through hole the ceramic plate;
and wherein the protruding portion includes a plurality of vaporization holes configured to guide aerosol through the through hole of the ceramic plate.
Regarding (I-III), Liu, directed to an ultrasonic atomizer device, discloses an atomization core comprising an ultrasonic piezoelectric atomization sheet (1), elastic electrodes (20/21) and elastic sheets (17/18), wherein the elastic electrodes and sheets are attached to the atomization sheet to conduct electricity ([0046, 0075, 0093]; the sheets are similar to the electrodes where they have a positive and negative sheet, implying that they are an electrically conductive material). The atomization sheet and elastic electrode and sheets are assembled via screws ([0075, 0093]; screws are disclosed to replace the use of soldered wires, which means no soldering is involved; also implies that they are all separate components).
When the atomization core is assembled, the electric circuit (i.e., circuit board) is conducted electrically via contact between the elastic electrodes ([0046, 0093]; because contact is necessary between the circuit and electrode, it implies that the electrode is between the circuit and atomization sheet or else the assembly would not function). Liu notes that the atomization core is assembled via screws that fixes the electrodes and other components together instead of soldered wires, giving it the advantage of assembly/disassembly convenience, reliable and more sanitary operation [0046].
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the atomizing assembly disclosed by Lin to comprise elastic/flexible electrical conductor sheets between the atomization plate and circuit board as disclosed by Liu, as both are directed to an atomization assembly for an aerosol-generating device, where Liu teaches the advantage of using elastic sheets and electrodes which can be assembled via screws that fixes the electrodes and other components together instead of soldered wires, giving it the further advantage of assembly/disassembly convenience, reliable and more sanitary operation [0046].
Regarding (III), it should be noted that the selection of a known material based on its suitability for its intended use supports prima facie obviousness (see MPEP § 2144.07). In this case, Ogawa, directed to a conductive component for electrically connecting electronic components to circuit boards [0001], discloses a conductive elastic (i.e., flexible) rubber component (10) which is disposed between a circuit board (9) and the electrodes (12a/b) of an electronic component (Figs. 4-5; [0019, 0033]).
The conductive rubber component serves as an electrical contact that will not damage the electronic component if it vibrates, or if it is incorporated in a distorted or warped manner with the circuit board, and has excellent chemical stability (Abstract, [0033, 0035]; discloses that rubber is suitable to absorb vibrations and reduce warping which is considered equivalent to deformation; therefore, the conductive rubber disclosed by Ogawa is considered to have the functionality of elastically deforming to absorb and reduce vibrations and warping).
Though Ogawa does not explicitly disclose that the electric component is a vaporization plate, Lin discloses that the vaporization plate has electrical contacts and is electrically connected to a circuit board which is considered equivalent to an electronic component as described by Ogawa. Additionally, piezoelectric plates are well known to induce vibrations and therefore, can be considered equivalent to the electronic component vibrating that is discussed by Ogawa.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to construct the elastic conductive sheet disclosed by Modified Lin to be made from elastic conductive rubber as disclosed by Ogawa, as both are directed to an elastic conductive component for electrically connecting electrical parts with a circuit board, where Ogawa discloses that conductive rubber is capable of reducing damage from vibrations and/or warping caused by the electrical component (i.e., atomization assembly); this also involves applying a known teaching of a material suitable for a conductive connecting component as disclosed by Ogawa, to a similar conductive connecting component disclosed by Modified Lin to predictable yield a piezoelectric ceramic plate capable of atomizing liquids to generate aerosols.
Regarding (IV), it should be noted that the selection of a known material based on its suitability for its intended use supports prima facie obviousness (see MPEP § 2144.07). In this case, Hsieh, directed to an atomizing module (i.e., vaporization assembly), discloses an ultrasonic (i.e., vibration) atomizer for atomizing liquids, wherein the atomizer comprises a ceramic piezoelectric circular plate (23) (i.e., ceramic plate) and nozzle plate (22) (i.e., base plate) with firing holes (221) (i.e., vaporization holes) (Figs. 3-6; [0005, 0012]; the atomizer is an ultrasonic component further comprising plate-shaped components and thus is considered equivalent to a vibration plate).
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 piezoelectric plate disclosed by Lin to be constructed from a piezoelectric ceramic material as disclosed by Hsieh, as both are directed to a vibration/ultrasonic atomization assembly, where Hsieh discloses that ceramic materials is an appropriate material for piezoelectric components in a vibration/ultrasonic atomizer; this also involves applying a known teaching of a material suitable for a piezoelectric component as disclosed by Hsieh, to a similar piezoelectric component disclosed by Lin to predictable yield a piezoelectric ceramic plate capable of atomizing liquids to generate aerosols.
Regarding (V), it should be noted that 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, Hsieh further discloses that the nozzle plate (22) (i.e., base plate) comprises a hemispherical curved surface structure (222) formed at the center of the nozzle base plate (22), which is illustrated as protruding towards the ceramic piezoelectric plate (21) at said ceramic plate’s central area (see Figs. 3-4; [0012, 0016, 0037-0038]; the curved surface is shown to bulge upwards towards the ceramic plate; this is equivalent to being through the through hole as the bulge is shown to be within the hole of the ceramic plate).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to change the shape of the base plate disclosed by Lin to have a protruding portion located in the center as disclosed by Hsieh, as both are directed to a vibration/ultrasonic atomization assembly, where one ordinarily skilled in the art would make the obvious design choice to create a protruding portion on Lin’s base plate based on Hsieh’s disclosure, and predictably result in a base plate with a protruding portion capable of atomizing/vaporizing a liquid along with the piezoelectric ceramic plate.
Regarding (VI), it should be noted that rearrangement of parts where both arrangements are known equivalents is a design choice that gives predictable results (see MPEP § 2144.04.VI.C). In this case, both Modified Lin and Hsieh discloses similar vaporization/atomization assemblies comprising of a piezoelectric ring-shaped plate and base (i.e., nozzle and carrier) plate with vaporization holes for atomizing/vaporizing liquid.
Hsieh specifically discloses the base plate’s vaporization holes are located on the protruding portion of said base plate which is located in the center area that aligns with the hole on the piezoelectric ring-shaped plate (see Figs. 3-4; [0012]; implicit that aerosol will go through the through hole since that is where the vaporization holes are located). Since Modified Lin and Hsieh has similar designs in their components (i.e., ring-shaped piezoelectric plate and a base plate with holes), one ordinarily skilled in the art could predictably rearrange the holes on modified Lin’s base plate to be in a centered protruding region aligned with the ring-shaped plate’s hole as shown in Hsieh’s assembly design.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to arrange the vaporization holes of the base plate disclosed by Modified Lin to be located on the protruding portion in the center region as disclosed by Hsieh, as both are directed to a vibration/ultrasonic atomization assembly, where one ordinarily skilled in the art would make the obvious design choice to create a protruding portion on Lin’s base plate based on Hsieh’s disclosure, as it would be an obvious design choice which will predictably result in a base plate with vaporization holes on the protruding portion that is capable of atomizing/vaporizing a liquid along with the piezoelectric ceramic plate; this also involves applying a known teaching of a vaporization/atomization assembly design disclosed by Hsieh, to a similar vaporization/atomization assembly design to yield predictable results.
Regarding Claim 3, Lin further discloses the circuit board and the microporous vaporization plate are fixedly connected through an adhesion layer (i.e., Buffer layer 5) on a surface of the flexible electrical conductor (Fig. 8; [0010, 0075-0076]; Buffer can be a solid adhesive).
It is noted that Lin discloses the buffer/adhesion layer is on the surface of the vaporization plate. Lin does not disclose the buffer/adhesion layer is located on a surface of the flexible conductor.
However, rearrangement of parts without any new or unexpected results, is within the ambit of one of ordinary skill in the art. As disclosed by Lin, the adhesion layer is sandwiched between the vibration plate and the circuit board (Fig. 8, [0052, 0075-0076]), implying that the layer is in contact with a surface of the plate and circuit. As shown in Figure 8, the external arms (i.e., electrical conductors) are an extension from the circuit board.
Therefore, one ordinarily skilled in the art before the effective filing date of the claimed invention, could rearrange the adhesion/buffer layer on the plate to be directly underneath the circuit board where the external arms are located (i.e., in contact with the arm surface), with a reasonable expectation that the circuit board and vibration plate will adhere to each other via the adhesion layer on the conductor surface.
Regarding Claim 4, Lin further discloses the vaporization assembly further comprising a clamping component (Container 200), wherein the circuit board and the microporous vaporization plate are fixedly connected through the clamping component (Figs. 5, 10; [0047-0078]; the container has a Cup 200a and Cover 200b which sandwich (i.e., clamping) the atomizing module/assembly, implying a fixed connection).
Regarding Claim 5, Lin further discloses the vaporization assembly further comprising:
a first rigid fixing member (Cover 200b) arranged on one side of the microporous vaporization plate (Figs. 5, 10; [0047-0048]);
and a second rigid fixing member (Cup 200a) arranged on another side of the microporous vaporization plate and cooperating with the first rigid fixing member to clamp the circuit board and the microporous vaporization plate (Figs. 5, 10, 13; [0047-0048]; the cup and cover can screw together, sandwiching/clamping the plate).
Regarding Claim 6, Lin further discloses the circuit board is arranged between the microporous vaporization plate (1) and the second rigid fixing member (Cup 200a);
wherein the second rigid fixing member is provided with a first through hole (Figs. 3, 14-15; [0085-0088]; thru-hole 2041);
and wherein the microporous vaporization assembly further comprises:
an electrically conductive member (Plug 2000) arranged in the first through hole (see Figs. 3, 14-15; [0085-0088]);
one end of the electrically conductive member being electrically connected to the circuit board (Figs. 3, 14; [0085-0086]; the plug is connected to the circuit via conductive terminals 2002);
and another end of the electrically conductive member being configured to connect to an external wire ([0045]; plug is coupled to an external electrical source, implying there is a cable/wire attached to the plug).
Lin does not disclose the circuit board arranged between the microporous vaporization plate and the first rigid fixing member.
However, rearrangement of parts without any new or unexpected results, is within the ambit of one of ordinary skill in the art. As disclosed by Lin, the circuit board has multiple electrical/conductive portions arranged away from the vaporizing plate that enables it to electrically couple to other components such as the plate and conductive member [0064-0067, 0085-0086]. The size and shape of the circuit board can be adjusted according to design needs [0063].
Therefore, one ordinarily skilled in the art before the effective filing date of the claimed invention, could rearrange the circuit board between the microporous vaporization plate and the first rigid fixing member, with a reasonable expectation that the circuit board will be electrically connected to the vibrating plate and conducting member, as long as the circuit board is appropriately resized such that the electrode regions are arranged in a manner that is accessible to said plate and conducting member to be electrically coupled/connected.
Regarding Claim 7, Lin further discloses a surface of the second rigid fixing member that is away from the first rigid fixing member is provided with a first groove (Slot 204) (Figs. 3-5; [0047]; the slot is defined by the second rigid member (i.e., Cup 200a), which is considered to imply that the groove/slot is formed on a surface of said member; the surface is away from the first member is implied as the slot is situated at an angle upwards from said first member);
and the first through hole is provided on a bottom wall of the first groove (see annotated Fig. 14; Slot 204 forms a circular groove/well wherein the bottom of the groove comprises the thru-hole);
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wherein the electrically conductive member comprises a connection portion (Insulator 2001) and an extending portion (Conductive terminals 2002) (Figs. 3-4, 14; [0085-0086]);
a diameter of the connection portion being greater than a diameter of the extending portion (see Fig. 3; the insulator portion is shown to have a larger diameter/shape than the conductive terminals);
and wherein the connection portion is connected to the first groove and the extending portion is clamped in the first through hole (Figs. 3-4; see annotated Fig. 14 above).
Regarding Claim 8, Lin further discloses the microporous vaporization plate comprises:
a first flexible fixing member (Bottom gasket 8) arranged between the first rigid fixing member and the microporous vaporization plate (Figs. 5-8; [0052]);
and a second flexible fixing member (Inner gasket 9) arranged between the second rigid fixing member and the microporous vaporization plate (Figs. 5-8; [0052]).
Regarding Claim 9, Lin further discloses the first rigid fixing member, the second rigid fixing member, the first flexible fixing member, and the second flexible fixing member all comprise annular bodies (see Figs. 5-8; all components are illustrated to be annular);
and wherein the plurality of vaporization holes is exposed through through-holes of the annular bodies (see Figs. 7-8; the microporous member is exposed through the inner hole of the ring-shaped gaskets/flexible member/annular bodies).
Regarding Claim 10, Modified Lin further discloses the flexible electrical conductor comprises an electrically conductive rubber (Ogawa, [0019]; see Claim 1 rejection for full modification);
and is configured to elastically deform to maintain electrical contact with the circuit board and the microporous vaporization plate during vibration of the microporous vaporization plate (see Claim 1 rejection for full modification; Lin, [0075, 0093]; the elastic sheet is configured with the elastic electrode to be in electrical contact with the circuit board; Ogawa, [0035]; discloses that the elastic electrode body does not damage the surfaces of said bodies that the bodies are attached to when there is warping or distortion; this implies that contact can be maintained via elastic deformation during vibrations which can be considered equivalent to a type of distortion/warping).
Regarding Claim 11, Lin discloses a vaporization device (i.e., Aerosol generator) comprising:
the microporous vaporization assembly of Claim 1 (see Claim 1 rejection);
a power supply assembly (Plug 2000) connected to the microporous vaporization assembly and configured to supply power (i.e., external power supply) to the microporous vaporization assembly (Fig. 2; [0045]);
a shell cooperating with the microporous vaporization assembly to form a liquid storage tank (Liquid storage chamber 201), the liquid storage tank being configured to store an aerosol-generation substrate (Figs. 5, 10, 13; [0047-0049]);
Lin does not explicitly disclose the microporous vaporization assembly is configured to perform vibrations at a fixed frequency without attenuation.
However, it should be noted that 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).
As such, since Modified Lin discloses all the structural features recited in Claim 1 regarding the vaporization assembly such as the circuit board, flexible electrical conductors, and vaporization plate components, one ordinarily skilled in the art would reasonably conclude that Modified Lin’s vaporization assembly would have the functional capability of outputting vibrations at a fixed frequency without attenuation unless evidence of the contrary is provided.
Regarding Claim 12, Modified Lin further discloses the ceramic plate comprises a piezoelectric ceramic plate (Hsieh, [0005, 0012]; see Claim 1 rejection for full modification justification);
and wherein the baseplate (2) comprises a metal baseplate (Lin, Figs. 8, 10; [0052, 0057]; microporous member is made of metallic material), stacked with the piezoelectric ceramic plate (see Claim 1 rejection for full modification; see Hsieh, Figs. 3-5; the components are shown to be assembled together which is considered equivalent to stacking).
Regarding Claim 13, Modified Lin further discloses the baseplate further comprises a positioning portion arranged on a surface away from the protruding portion (see Claim 1 rejection for full modification; Hsieh, see Figs. 3-4; when Lin is modified to have the base plate with protruding portion from Hsieh, the protruding portion forms a concave portion on the opposite surface of the protruding portion which is considered equivalent to a positioning portion).
Modified Lin does not explicitly disclose the position portion being configured to position the baseplate relative to the ceramic plate. However, it should be noted that the positioning portion is aligned with the protruding portion which goes through the through hole of the ceramic plate.
Therefore, one ordinarily skilled in the art would reasonably implicitly conclude that the positioning portion is configured to position the baseplate relative to the ceramic plate as the overall structure of the protruding and positioning portions requires aligning the two plates in a specific manner such that the protrusion can go through the through hole. Thus, the structure itself provides the positioning function described in the current claim.
Regarding Claim 14, Lin discloses a microporous vaporization assembly (Atomizing module 100), comprising:
a microporous vaporization plate (Vibration plate 1) (see Fig. 6; [0052]; the plate is considered microporous as said plate further comprises a microporous member 2), configured to vaporize an aerosol-generation substrate to generate aerosols (Fig. 6; [0049, 0052]; module atomizes/vaporizes a liquid/aerosol-generation substrate);
and a circuit board (3) flexibly electrically connected to the microporous vaporization plate (Fig. 8; [0055, 0068-0069]; plate has two electrical contacts 15a/b that connect to the circuit board via elastic external arms 33, implying flexible connection);
the circuit board being configured to transmit an electrical signal of the circuit board to the microporous vaporization plate (Fig. 8; [0054-0055, 0068-0069]; electrical connection between the circuit and plate which is a piezoelectric implies the circuit is configured to transmit electrical signals to operate the piezoelectric plate);
wherein the microporous vaporization plate comprises a ring-shaped piezoelectric plate and a baseplate (Microporous member 2) (Figs. 8, 10; [0052-0054, 0057]);
wherein the piezoelectric plate includes a through hole (First hole 11) (Figs. 7-8; [0054]);
and wherein the base plate includes a plurality of vaporization holes (Atomization holes 21) for the aerosols to run through (Figs. 8, 10; [0052, 0057]).
Lin does not disclose the following:
the assembly further comprising a flexible electrical conductor disposed between the circuit board and the microporous vaporization plate, the flexible electrical conductor being separate from the circuit board and the microporous vaporization plate; and
wherein the flexible electrical conductor is in physical contact with a surface of the circuit board and a surface of the microporous vaporization plate so as to implement a flexible electrical connection between the circuit board and the microporous vaporization plate;
wherein the circuit board is connected to the microporous vaporization plate without soldering;
wherein the flexible electrical conductor is configured to elastically deform to maintain electrical contact during vibration of the microporous vaporization plate;
the piezoelectric plate is a ceramic plate;
the baseplate plate includes a protruding portion that protrudes through the through hole the ceramic plate;
and wherein the protruding portion includes a plurality of vaporization holes configured to guide aerosol through the through hole of the ceramic plate.
Regarding (I-III), Liu, directed to an ultrasonic atomizer device, discloses an atomization core comprising an ultrasonic piezoelectric atomization sheet (1), elastic electrodes (20/21) and elastic sheets (17/18), wherein the elastic electrodes and sheets are attached to the atomization sheet to conduct electricity ([0046, 0075, 0093]; the sheets are similar to the electrodes where they have a positive and negative sheet, implying that they are an electrically conductive material). The atomization sheet and elastic electrode and sheets are assembled via screws ([0075, 0093]; screws are disclosed to replace the use of soldered wires, which means no soldering is involved; also implies they are all separate components).
When the atomization core is assembled, the electric circuit (i.e., circuit board) is conducted electrically via contact between the elastic electrodes ([0046, 0093]; because contact is necessary between the circuit and electrode, it implies that the electrode is between the circuit and atomization sheet or else the assembly would not function). Liu notes that the atomization core is assembled via screws that fixes the electrodes and other components together instead of soldered wires, giving it the advantage of assembly/disassembly convenience, reliable and more sanitary operation [0046].
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the atomizing assembly disclosed by Lin to comprise elastic/flexible electrical conductor sheets between the atomization plate and circuit board as disclosed by Liu, as both are directed to an atomization assembly for an aerosol-generating device, where Liu teaches the advantage of using elastic sheets and electrodes which can be assembled via screws that fixes the electrodes and other components together instead of soldered wires, giving it the further advantage of assembly/disassembly convenience, reliable and more sanitary operation [0046].
Regarding (IV), it should be noted that the selection of a known material based on its suitability for its intended use supports prima facie obviousness (see MPEP § 2144.07). In this case, Ogawa, directed to a conductive component for electrically connecting electronic components to circuit boards [0001], discloses a conductive elastic (i.e., flexible) rubber component (10) which is disposed between a circuit board (9) and the electrodes (12a/b) of an electronic component (Figs. 4-5; [0019, 0033]).
The conductive rubber component serves as an electrical contact that will not damage the electronic component if it vibrates, or if it is incorporated in a distorted or warped manner with the circuit board, and has excellent chemical stability (Abstract, [0033, 0035]; discloses that rubber is suitable to absorb vibrations and reduce warping which is considered equivalent to deformation; therefore, the conductive rubber disclosed by Ogawa is considered to have the functionality of elastically deforming to absorb and reduce vibrations and warping).
Though Ogawa does not explicitly disclose that the electric component is a vaporization plate, Lin discloses that the vaporization plate has electrical contacts and is electrically connected to a circuit board which is considered equivalent to an electronic component as described by Ogawa. Additionally, piezoelectric plates are well known to induce vibrations and therefore, can be considered equivalent to the electronic component vibrating that is discussed by Ogawa.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to construct the elastic conductive sheet disclosed by Modified Lin to be made from elastic conductive rubber as disclosed by Ogawa, as both are directed to an elastic conductive component for electrically connecting electrical parts with a circuit board, where Ogawa discloses that conductive rubber is capable of reducing damage from vibrations and/or warping caused by the electrical component (i.e., atomization assembly); this also involves applying a known teaching of a material suitable for a conductive connecting component as disclosed by Ogawa, to a similar conductive connecting component disclosed by Modified Lin to predictable yield a piezoelectric ceramic plate capable of atomizing liquids to generate aerosols.
Regarding (V), it should be noted that the selection of a known material based on its suitability for its intended use supports prima facie obviousness (see MPEP § 2144.07). In this case, Hsieh, directed to an atomizing module (i.e., vaporization assembly), discloses an ultrasonic (i.e., vibration) atomizer for atomizing liquids, wherein the atomizer comprises a ceramic piezoelectric circular plate (23) (i.e., ceramic plate) and nozzle plate (22) (i.e., base plate) with firing holes (221) (i.e., vaporization holes) (Figs. 3-6; [0005, 0012]; the atomizer is an ultrasonic component further comprising plate-shaped components and thus is considered equivalent to a vibration plate).
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 piezoelectric plate disclosed by Lin to be constructed from a piezoelectric ceramic material as disclosed by Hsieh, as both are directed to a vibration/ultrasonic atomization assembly, where Hsieh discloses that ceramic materials is an appropriate material for piezoelectric components in a vibration/ultrasonic atomizer; this also involves applying a known teaching of a material suitable for a piezoelectric component as disclosed by Hsieh, to a similar piezoelectric component disclosed by Lin to predictable yield a piezoelectric ceramic plate capable of atomizing liquids to generate aerosols.
Regarding (VI), it should be noted that 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, Hsieh further discloses that the nozzle plate (22) (i.e., base plate) comprises a hemispherical curved surface structure (222) formed at the center of the nozzle base plate (22), which is illustrated as protruding towards the ceramic piezoelectric plate (21) at said ceramic plate’s central area (see Figs. 3-4; [0012, 0016, 0037-0038]; the curved surface is shown to bulge upwards towards the ceramic plate; this is equivalent to being through the through hole as the bulge is shown to be within the hole of the ceramic plate).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to change the shape of the base plate disclosed by Lin to have a protruding portion located in the center as disclosed by Hsieh, as both are directed to a vibration/ultrasonic atomization assembly, where one ordinarily skilled in the art would make the obvious design choice to create a protruding portion on Lin’s base plate based on Hsieh’s disclosure, and predictably result in a base plate with a protruding portion capable of atomizing/vaporizing a liquid along with the piezoelectric ceramic plate.
Regarding (VII), it should be noted that rearrangement of parts where both arrangements are known equivalents is a design choice that gives predictable results (see MPEP § 2144.04.VI.C). In this case, both Modified Lin and Hsieh discloses similar vaporization/atomization assemblies comprising of a piezoelectric ring-shaped plate and base (i.e., nozzle and carrier) plate with vaporization holes for atomizing/vaporizing liquid.
Hsieh specifically discloses the base plate’s vaporization holes are located on the protruding portion of said base plate which is located in the center area that aligns with the hole on the piezoelectric ring-shaped plate (see Figs. 3-4; [0012]; implicit that aerosol will go through the through hole since that is where the vaporization holes are located). Since Modified Lin and Hsieh has similar designs in their components (i.e., ring-shaped piezoelectric plate and a base plate with holes), one ordinarily skilled in the art could predictably rearrange the holes on modified Lin’s base plate to be in a centered protruding region aligned with the ring-shaped plate’s hole as shown in Hsieh’s assembly design.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to arrange the vaporization holes of the base plate disclosed by Modified Lin to be located on the protruding portion in the center region as disclosed by Hsieh, as both are directed to a vibration/ultrasonic atomization assembly, where one ordinarily skilled in the art would make the obvious design choice to create a protruding portion on Lin’s base plate based on Hsieh’s disclosure, as it would be an obvious design choice which will predictably result in a base plate with vaporization holes on the protruding portion that is capable of atomizing/vaporizing a liquid along with the piezoelectric ceramic plate; this also involves applying a known teaching of a vaporization/atomization assembly design disclosed by Hsieh, to a similar vaporization/atomization assembly design to yield predictable results.
Regarding Claim 15, Lin discloses a microporous vaporization assembly (Atomizing module 100), comprising:
a microporous vaporization plate (Vibration plate 1) (see Fig. 6; [0052]; the plate is considered microporous as said plate further comprises a microporous member 2), configured to vaporize an aerosol-generation substrate to generate aerosols (Fig. 6; [0049, 0052]; module atomizes/vaporizes a liquid/aerosol-generation substrate);
and a circuit board (3) flexibly electrically connected to the microporous vaporization plate (Fig. 8; [0055, 0068-0069]; plate has two electrical contacts 15a/b that connect to the circuit board via elastic external arms 33, implying flexible connection);
the circuit board being configured to transmit an electrical signal of the circuit board to the microporous vaporization plate (Fig. 8; [0054-0055, 0068-0069]; electrical connection between the circuit and plate which is a piezoelectric implies the circuit is configured to transmit electrical signals to operate the piezoelectric plate);
wherein the microporous vaporization plate comprises a ring-shaped piezoelectric plate and a baseplate (Microporous member 2) (Figs. 8, 10; [0052-0054, 0057]);
wherein the piezoelectric plate includes a through hole (First hole 11) (Figs. 7-8; [0054]);
and wherein the base plate includes a plurality of vaporization holes (Atomization holes 21) for the aerosols to run through (Figs. 8, 10; [0052, 0057]).
Lin further discloses that the circuity board (3) and vaporization plate (1) are electrically connected by a first electrode (Contact 15a) and second electrode (Contact 15b) via cables (Figs. 7, 8, 11; [0064]).
Lin does not disclose the following:
a first flexible electrical conductor disposed between the circuit board and the microporous vaporization plate;
and a second flexible electrical conductor disposed between the circuit board and the microporous vaporization plate;
wherein the circuit board comprises a positive contact and a negative contact;
wherein the first flexible electrical conductor is arranged between the positive contact and the microporous vaporization plate;
and wherein the second flexible electrical conductor is arranged between the negative contact and the microporous vaporization plate.
wherein the circuit board is connected to the microporous vaporization plate without soldering;
wherein the flexible electrical conductor is configured to elastically deform to maintain electrical contact during vibration of the microporous vaporization plate;
the piezoelectric plate is a ceramic plate;
the baseplate plate includes a protruding portion that protrudes through the through hole the ceramic plate;
and wherein the protruding portion includes a plurality of vaporization holes configured to guide aerosol through the through hole of the ceramic plate.
Regarding (I-VI), Liu, directed to an ultrasonic atomizer device, discloses an atomization core comprising an ultrasonic piezoelectric atomization sheet (1), elastic positive electrode (20), elastic negative electrode (21), elastic positive sheet (17) (i.e., first conductor) and elastic negative sheet (18) (i.e. second conductor), wherein the elastic electrodes and sheets are attached to the atomization sheet to conduct electricity ([0046, 0075, 0093]; the sheets are similar to the electrodes where they have a positive and negative sheet, implying that they are an electrically conductive material; the positive/negative sheets are arranged between the atomization sheet/plate and their respective polarized electrodes which are equivalent to the contacts).
The atomization sheet and elastic electrode and sheets are assembled via screws (see Figs. 1-7; [0075, 0093]; screws are disclosed to replace the use of soldered wires, which means no soldering is involved; components are also considered separate;). When the atomization core is assembled, the electric circuit (i.e., circuit board) is conducted electrically via contact between the elastic electrodes ([0046, 0093]; because contact is necessary between the circuit and electrode, it implies that the electrode is between the circuit and atomization sheet or else the assembly would not function). Liu notes that the atomization core is assembled via screws that fixes the electrodes and other components together instead of soldered wires, giving it the advantage of assembly/disassembly convenience, reliable and more sanitary operation [0046].
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to modify the atomizing assembly disclosed by Lin to comprise elastic/flexible electrical conductor sheets between the atomization plate and circuit board as disclosed by Liu, as both are directed to an atomization assembly for an aerosol-generating device, where Liu teaches the advantage of using elastic sheets and electrodes which can be assembled via screws that fixes the electrodes and other components together instead of soldered wires, giving it the further advantage of assembly/disassembly convenience, reliable and more sanitary operation [0046].
Regarding (VII), it should be noted that the selection of a known material based on its suitability for its intended use supports prima facie obviousness (see MPEP § 2144.07). In this case, Ogawa, directed to a conductive component for electrically connecting electronic components to circuit boards [0001], discloses a conductive elastic (i.e., flexible) rubber component (10) which is disposed between a circuit board (9) and the electrodes (12a/b) of an electronic component (Figs. 4-5; [0019, 0033]).
The conductive rubber component serves as an electrical contact that will not damage the electronic component if it vibrates, or if it is incorporated in a distorted or warped manner with the circuit board, and has excellent chemical stability (Abstract, [0033, 0035]; discloses that rubber is suitable to absorb vibrations and reduce warping which is considered equivalent to deformation; therefore, the conductive rubber disclosed by Ogawa is considered to have the functionality of elastically deforming to absorb and reduce vibrations and warping).
Though Ogawa does not explicitly disclose that the electric component is a vaporization plate, Lin discloses that the vaporization plate has electrical contacts and is electrically connected to a circuit board which is considered equivalent to an electronic component as described by Ogawa. Additionally, piezoelectric plates are well known to induce vibrations and therefore, can be considered equivalent to the electronic component vibrating that is discussed by Ogawa.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to construct the elastic conductive sheet disclosed by Modified Lin to be made from elastic conductive rubber as disclosed by Ogawa, as both are directed to an elastic conductive component for electrically connecting electrical parts with a circuit board, where Ogawa discloses that conductive rubber is capable of reducing damage from vibrations and/or warping caused by the electrical component (i.e., atomization assembly); this also involves applying a known teaching of a material suitable for a conductive connecting component as disclosed by Ogawa, to a similar conductive connecting component disclosed by Modified Lin to predictable yield a piezoelectric ceramic plate capable of atomizing liquids to generate aerosols.
Regarding (VIII), it should be noted that the selection of a known material based on its suitability for its intended use supports prima facie obviousness (see MPEP § 2144.07). In this case, Hsieh, directed to an atomizing module (i.e., vaporization assembly), discloses an ultrasonic (i.e., vibration) atomizer for atomizing liquids, wherein the atomizer comprises a ceramic piezoelectric circular plate (23) (i.e., ceramic plate) and nozzle plate (22) (i.e., base plate) with firing holes (221) (i.e., vaporization holes) (Figs. 3-6; [0005, 0012]; the atomizer is an ultrasonic component further comprising plate-shaped components and thus is considered equivalent to a vibration plate).
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 piezoelectric plate disclosed by Lin to be constructed from a piezoelectric ceramic material as disclosed by Hsieh, as both are directed to a vibration/ultrasonic atomization assembly, where Hsieh discloses that ceramic materials is an appropriate material for piezoelectric components in a vibration/ultrasonic atomizer; this also involves applying a known teaching of a material suitable for a piezoelectric component as disclosed by Hsieh, to a similar piezoelectric component disclosed by Lin to predictable yield a piezoelectric ceramic plate capable of atomizing liquids to generate aerosols.
Regarding (IX), it should be noted that 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, Hsieh further discloses that the nozzle plate (22) (i.e., base plate) comprises a hemispherical curved surface structure (222) formed at the center of the nozzle base plate (22), which is illustrated as protruding towards the ceramic piezoelectric plate (21) at said ceramic plate’s central area (see Figs. 3-4; [0012, 0016, 0037-0038]; the curved surface is shown to bulge upwards towards the ceramic plate; this is equivalent to being through the through hole as the bulge is shown to be within the hole of the ceramic plate).
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to change the shape of the base plate disclosed by Lin to have a protruding portion located in the center as disclosed by Hsieh, as both are directed to a vibration/ultrasonic atomization assembly, where one ordinarily skilled in the art would make the obvious design choice to create a protruding portion on Lin’s base plate based on Hsieh’s disclosure, and predictably result in a base plate with a protruding portion capable of atomizing/vaporizing a liquid along with the piezoelectric ceramic plate.
Regarding (X), it should be noted that rearrangement of parts where both arrangements are known equivalents is a design choice that gives predictable results (see MPEP § 2144.04.VI.C). In this case, both Modified Lin and Hsieh discloses similar vaporization/atomization assemblies comprising of a piezoelectric ring-shaped plate and base (i.e., nozzle and carrier) plate with vaporization holes for atomizing/vaporizing liquid.
Hsieh specifically discloses the base plate’s vaporization holes are located on the protruding portion of said base plate which is located in the center area that aligns with the hole on the piezoelectric ring-shaped plate (see Figs. 3-4; [0012]; implicit that aerosol will go through the through hole since that is where the vaporization holes are located). Since Modified Lin and Hsieh has similar designs in their components (i.e., ring-shaped piezoelectric plate and a base plate with holes), one ordinarily skilled in the art could predictably rearrange the holes on modified Lin’s base plate to be in a centered protruding region aligned with the ring-shaped plate’s hole as shown in Hsieh’s assembly design.
Therefore, it would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention, to arrange the vaporization holes of the base plate disclosed by Modified Lin to be located on the protruding portion in the center region as disclosed by Hsieh, as both are directed to a vibration/ultrasonic atomization assembly, where one ordinarily skilled in the art would make the obvious design choice to create a protruding portion on Lin’s base plate based on Hsieh’s disclosure, as it would be an obvious design choice which will predictably result in a base plate with vaporization holes on the protruding portion that is capable of atomizing/vaporizing a liquid along with the piezoelectric ceramic plate; this also involves applying a known teaching of a vaporization/atomization assembly design disclosed by Hsieh, to a similar vaporization/atomization assembly design to yield predictable results.
Regarding Claim 16, Modified Lin further discloses a peripheral edge of the baseplate is attached to one side of the ceramic plate (see Claim 1 rejection for full modification; Hsieh, see Figs. 3-4; [0017]; the base and ceramic plates are shown to be stacked and adhered together which is considered equivalent to being attached to a side).
Regarding Claim 18, Modified Lin further discloses the baseplate covers the through hole of the ceramic plate and the protruding portion is arranged at a center of the baseplate (see Claim 1 rejection for full modification; Hsieh, see Figs. 3-4; [0017]; the base and ceramic plates are shown to have similar dimensions; also shows the protruding portion in a center of the baseplate).
Regarding Claim 19, Modified Lin further discloses the flexible electrical conductor comprises an electrically conductive rubber (see Claim 1 rejection for full modification; Hsieh, [0033-0035]);
and is configured to elastically deform to maintain electrical contact with the circuit board and the microporous vaporization plate during vibration of the microporous vaporization plate (see Claim 1 rejection for full modification; Ogawa, [0033-0035]; discloses that the elastic electrode body does not damage the surfaces of said bodies that the bodies are attached to when there is warping or distortion; this implies that contact can be maintained via elastic deformation during vibrations which can be considered equivalent to a type of distortion/warping).
Regarding Claim 20, Modified Lin further discloses the flexible electrical conductor comprises an electrically conductive rubber (see Claim 1 rejection for full modification; Hsieh, [0033-0035]);
and is configured to elastically deform to maintain electrical contact with the circuit board and the microporous vaporization plate during vibration of the microporous vaporization plate (see Claim 1 rejection for full modification; Lin, [0075, 0093]; the elastic sheet is configured with the elastic electrode to be in electrical contact with the circuit board; Ogawa, [0033-0035]; discloses that the elastic electrode body does not damage the surfaces of said bodies that the bodies are attached to when there is warping or distortion; this implies that contact can be maintained via elastic deformation during vibrations which can be considered equivalent to a type of distortion/warping).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Lin et al (Publication No. US20190335580A1) in view of Liu et al (Publication No. US20190335580A1), Ogawa et al (Publication No. US20130105198A1) and Hsieh et al (Publication No. US20120205468A1) as applied to Claim 16 above, and further in view of Takagi et al (Publication No. US6147439A).
Regarding Claim 22, Modified Lin does not disclose a limiting groove or a limiting rib is provided on the circuit board to fix the flexible electrical conductor. However, using ribs and/or grooves on a circuit board for fixing an electrical conductor component is well known in the art.
For example, Takagi, directed to piezoelectric substrate supports, notes that in Japanese Patent Publication No. 55(1980)-100719 details assembling a piezoelectric substrate with a circuit substrate by fixing conductive rubber components into recesses (i.e., grooves) in the circuit substrate (Col. 2, Lines 63-67; Col. 3, Lines 1-5; Rubber is considered elastic/flexible).
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 circuit board disclosed by Modified Lin to have recess/groove structures to fix an elastic/flexible electrical conductor as discussed by Takagi, as both are directed to an electrical connector component for a piezoelectric substrate, where one ordinarily skilled in the art would be capable of applying a known technique of using grooves/recesses to fix electrical components to a circuit board as disclosed by Takagi, to a similar electrical component and circuit board as disclosed by Modified Lin, to predictably result in maintaining an electrical contact between a piezoelectric component and a circuit board via electrical connectors.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Longueville et al (Publication No. US5823823A) – Electrical connector assembly wherein the electrical connector has protrusions which are fixed in recesses on the circuit board when in the connecting position.
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/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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