DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
This office action is in response to Applicant’s amendment filed on 06 March 2026:
Claims 1-20 are pending
Claims 1-3, 5 and 10-15 are amended
Claims 16-20 are new
Response to Amendment
Applicant's amendments to the claims filed 06 March 2026 have been acknowledged.
Response to Arguments
Applicant's arguments filed 06 March 2026 have been fully considered but they are not persuasive.
On Page 10 of Applicant’s Remarks, Applicant argues that Hsieh does not disclose a protruding portion that protrudes through the through hole of the ceramic plate as recited in amended Claim 1. Applicant appears to either argue that the curved structure is not constructed on the ceramic plate and therefore cannot be considered protruding through the said ceramic plate, or is arguing that since the piezoelectric ceramic plate is component 23, Hsieh’s illustrations do not depict the curved surface actually curving through the hole in component 23 and thus cannot considered to be protruding through.
Examiner respectfully disagrees, and argues that if Applicant is arguing the construction of the curved surface having to be a part of the ceramic plate and not the base/nozzle plate, this is not aligned with the Applicant’s own disclosure as the protrusion is illustrated to be in fact formed on the nozzle/base plate 12, wherein the “protruding towards” would indicate the curved surface curving towards the through hole on the ceramic plate 13 (see Applicant’s Fig. 4).
Furthermore, if Applicant is arguing the direction in which the protrusion is facing, Examiner notes that in the original Office Action, the piezoelectric ceramic plate was not identified as component 23 but as component 21, wherein Hsieh’s drawings of their art and the prior art does indicate the curved surface protruding towards the through hole of component 21 and therefore, meets the limitations of the amended claims.
While Applicant may attempt to argue that component 23 and not component 21 is the piezoelectric ceramic plate, it should be noted that Hsieh’s disclosure indicates that the two components can be swapped [0037-0038]. In fact, Hsieh explicitly calls component 21 as a piezoelectric plate [0016], indicating that such an interpretation would be reasonably for one ordinarily skilled in the art reading Hsieh’s disclosure and thus, would support a structure wherein the protrusion is protruding towards the ceramic plate and through the hole of said ceramic plate.
On Pages 10-11 of Applicant’s Remarks, Applicant appears to be arguing that the rearrangement and change in form/shape rejections are not applicable as neither Lin nor Hsieh discloses a structural relationship between ceramic and base plate, wherein the ceramic plate is revealed to have the protruding portion as described in the amended claims.
Examiner respectfully disagrees because, as noted above, Hsieh does in fact disclose a vaporization plate structure wherein a protruding portion of the base plate protrudes towards and through a through hole of the ceramic plate. Applicant merely needs to apply Hsieh’s alternative interpretation of the vaporization plate structure wherein the role of components 21 and 23 are flipped to predictably arrive at the structure recited in Applicant’s amended claims (i.e., Claims 1, 13 and 14-15).
Therefore, since Lin and Hsieh both discloses a vaporization plate with base and ceramic plates, and Hsieh further discloses a ceramic plate with the protruding portion as recited in the amended claims, doing the rearrangement and change in form/shape modifications would be reasonable and possible for one ordinarily skilled in the art to predictably yield a vaporization plate with such features for vaporizing a liquid.
On Pages 11 of Applicant’s Remarks, Applicant argues that Hsieh does not disclose a ceramic and base plate because the piezoelectric (i.e., ceramic) plate and nozzle (i.e., base) plates in Hsieh’s disclosure are described as separate components instead of sub-components of an overall vaporization plate.
Examiner does not find the argument convincing because in Applicant’s one disclosure, the ceramic and base plates, while described as “sub-components” are clearly illustrated as separate distinct plates which, when formed together, constructs the overall vaporization plate (see Applicant’s Fig. 4). In fact, Applicant’s disclosure and amended claims clearly state that the sub-components are stacked, which implies that they are structurally separable and are assembled together.
In that regard, Hsieh, while not explicitly calling them sub-components, structurally illustrates the piezoelectric and nozzle plate in a similar manner as Applicant’s own drawings, and also similarly forms together via adhesive to form an overall structure that performs in the same manner as Applicant’s claimed vaporization plate.
Furthermore, it should also be noted that the use of a one-piece, integrated construction instead of the structure disclosed or taught in the prior art would have been within the ambit of a person of ordinary skill in the art (see MPEP § 2144.04.II.A). Since Hsieh’s plate components are structurally and functionally similar to the ceramic/piezoelectric and base plate described in Applicant’s and Lin’s disclosure, configuring said components to be integral so that each plate is considered a “sub-component” would be well within the skill of one ordinarily skilled in the art.
On Page 12 of Applicant’s Remarks, Applicant argues that Ogawa does not cure the deficiencies of Lin and Hsieh regarding the ceramic and base plate.
Examiner notes that Ogawa was not used to disclose these components and was only used to modify Lin’s existing electrical conductors on an electrical circuit component, which Ogawa does disclose in a similar manner. Examiner maintains that Hsieh solves Lin’s deficiency in regards to the ceramic and base plate with the protruding feature.
On Page 12 of Applicant’s Remarks, Applicant argues that modifying Lin with Hsieh and Ogawa would not arrive at the claimed combined structure, reiterating points previously made regarding the protruding direction of the protruding portion disclosed in Hsieh.
Examiner respectfully disagrees and also reiterates (see above) that Hsieh does in fact disclose the protruding portion of a base plate as recited in Applicant’s amended claims and thus, modifying Lin with Hsieh’s disclosure would be an obvious modification for one ordinarily skilled in the art to perform to predictably yield a vaporization plate as recited in Applicant’s amended claims.
The following is a modified rejection based on amendments made to the claims and the newly found prior art.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 17 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 17 recites the baseplate and ceramic plate being attached together through a welding process. However, Applicant’s disclosure does not mention welding at all, or any details regarding any parts/components being attached via welding processes.
Therefore, the subject matter disclosed in Claim 17, specifically in regards to attaching components such as the baseplate and ceramic plate through welding, fails to comply with the written description requirement.
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.
Claims 1-16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al (Publication No. US20190335580A1) in view of 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;
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), 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]).
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.
It is also further noted that though Ogawa does not explicitly state that flexible electrical conductor is separate from the circuit board and electric component, the Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art (see MPEP § 2144.04.V.C). Additionally, Ogawa describes the conductive component as being placed on the surface of other electrical components which would imply that it is a separate component.
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 vaporization plate and circuit board disclosed by Lin to be electrically connected via a separate elastic conductive component disposed between said plate (i.e., electronic component) and circuit board as disclosed by Ogawa, as both are directed to an electronic (i.e., vaporization plate) component and circuit board assembly, where Ogawa teaches the advantage of using an elastic conductive component for an electrical connection because it 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]); this also involves applying a known technique/teaching of electrically connecting components via a conductive elastic component to a similar electronic (i.e., vaporization plate) component and circuit board assembly to yield predictable results.
Regarding (II), 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 (III), 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 (IV), 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 2, Modified Lin further discloses the flexible electrical conductor is in contact with a surface of the circuit board and a surface of the microporous vaporization plate respectively, to implement a flexible electrical connection between the circuit board and the microporous vaporization plate through elastic deformation (Ogawa, Fig. 5; [0019, 0035]; rubber component is elastic to prevent damage from warping/distortion, which implies that it is flexible connection; also implies that the connection can elastically deform to accommodate the warping/distortion).
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; 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 configured to elastically deform to maintain electrical contact during vibration of the microporous vaporization plate
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;
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), 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 (11) (i.e., vaporization plate) (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 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)).
As seen in Figure 5, the conductive rubber components (10) (i.e., flexible electrical conductor) are shown to be physically in contact with a surface of the circuit board (9) and a surface of the electrical component (9) (i.e., vaporization plate) (see Fig. 5).
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.
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 vaporization plate and circuit board disclosed by Lin to be electrically connected via an elastic conductive component disposed between and in physical contact with a surface of said plate (i.e., electronic component) and a surface of said circuit board as disclosed by Ogawa, as both are directed to an electronic (i.e., vaporization plate) component and circuit board assembly, where Ogawa teaches the advantage of using an elastic conductive component for an electrical connection because it 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]); this also involves applying a known technique/teaching of electrically connecting components via a conductive elastic component to a similar electronic (i.e., vaporization plate) component and circuit board assembly to yield predictable results.
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 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.
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-II), Ogawa, directed to a conductive component for electrically connecting electronic components (11) 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]; Figure 5 illustrates each electrode 12a and 12b having a rubber component; the rubber component for each electrode is considered equivalent to a first and second flexible electrical conductor).
The conductive rubber components serve 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]; since the elastic electrode body does not damage the surfaces of said bodies are attached to when there is warping or distortion, this implies that contact can be maintained via elastic deformation).
Though Ogawa does not explicitly disclose that the electric component (11) 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.
It is also further noted that though Ogawa does not explicitly state that flexible electrical conductor is separate from the circuit board and electric component, the Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art (see MPEP § 2144.04.V.C). Additionally, Ogawa describes the conductive component as being placed on the surface of other electrical components which would imply that it is a separate component.
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 vaporization plate and circuit board disclosed by Lin to be electrically connected via the first and second electrodes that are paired with a first and second elastic conductive component disposed between said plate (i.e., electronic component) and circuit board as disclosed by Ogawa, as both are directed to an electronic (i.e., vaporization plate) component and circuit board assembly, where Ogawa teaches the advantage of using an elastic conductive component for an electrical connection because it 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]); this also involves applying a known technique/teaching of electrically connecting components via a conductive elastic component to a similar electronic (i.e., vaporization plate) component and circuit board assembly to yield predictable results.
Regarding (IV-V), when Lin is modified using Ogawa’s teaching, Modified Lin will have the first and second flexible electrical conductors arranged between the vaporization plate (1) and first electrode (15a) and second electrode (15b) respectfully, similar to how the electrodes and conductors are constructed in Ogawa (see Ogawa, Figure 5; the electrical component 11 is considered equivalent to Lin’s vaporization plate).
Modified Lin does not explicitly state that the first electrode (15a) is a positive contact and the second electrode (15b) is a negative contact. However, it should be noted that Lin discloses that an electrical connection is made between the electrical contacts (15a/b) and the circuit (3), implying that the electrical contacts are treated as a pair which operate simultaneously to establish the electrical connection/circuit [0064]. As such, one ordinarily skilled in the art would reasonably conclude that the electrical contacts are a pair of negative and positive electrical contacts that electrically connect the circuit (3) with the vaporization plate (1).
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 electrical contact pairs disclosed by Lin to have flexible electrical conductors between each contact and the vaporization plate, as both are directed to an electronic (i.e., vaporization plate) component and circuit board assembly, where one ordinarily skilled in the art would reasonably implicitly understand that one of Lin’s disclosed contacts would be a negative contact, and the other a positive contact which acts as a contact pair to establish electrical connection between electrical components such as the circuit and vaporization plate.
Regarding (VI), 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 (VII), 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 (VIII), 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; 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 17 is rejected under 35 U.S.C. 103 as being unpatentable over Lin et al (Publication No. US20190335580A1) in view of Ogawa et al (Publication No. US20130105198A1) and Hsieh et al (Publication No. US20120205468A1) as applied to Claim 16 above, and further in view of Holt et al (Publication No. US20220168513A1).
Regarding Claim 17, 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). Modified Lin further discloses that these components are assembled using an adhesive (Hsieh, [0064]).
Modified Lin does not disclose a peripheral edge of the baseplate being attached to the ceramic plate through welding.
However, Holt, directed to an aerosol delivery (i.e., vaporization) device, discloses an atomizing/vibrating assembly comprising a mesh plate (i.e., base plate) and vibrating component (i.e., ceramic plate) ([0075];the vibrating component is equivalent to Lin’s piezoelectric vibrating plate component which can be constructed out of ceramic and therefore, the vibrating component is equivalent to the ceramic plate; see Claim 1 rejection for full modification). Holt further discloses that the vibrating component and mesh plate can be affixed/attached to each other using various means such as an adhesive (similar to Hsieh’s disclosure) or by ultrasonic welding [0076].
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 baseplate and ceramic plate disclosed by Modified Lin to have said baseplate’s peripheral edge attached to the ceramic plate through welding as disclosed by Holt, as both are directed to an aerosolizing/vaporizing device, where this involves applying a known a known attaching technique (i.e., welding) taught by Holt, to a similar vaporizing device disclosed by Modified Lin, to predictably yield a vaporization assembly wherein its baseplate and ceramic plate components are attached via welding means.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vu P Pham whose telephone number is (703)756-4515. The examiner can normally be reached M-Th (7:30AM-4:00PM EST).
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/V.P./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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