DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Election/Restriction
Applicant’s election without traverse of Species A1 and Species B2, corresponding to claims 1-2, 7-14, and 17-2 in the reply filed on 5/6/2026 is acknowledged.
Claims 3-6 and 15-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/6/2026.
Status of the Claims
Claims 1-20 are pending. Claims 3-6 and 15-16 are withdrawn.
Claim Objections
Claims objected to because of the following informalities: "a heating component disposed on the liquid absorbing surface" should be "a heating component disposed on the vaporization surface" (see applicant's . Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. (CN 110934343 A, a translation of which is provided for reference).
Regarding claim 1, Liu discloses a heating assembly (“heating element assembly”, Fig. 1, ¶ 0029), comprising:
a dense substrate (combination of “first porous substrate 11” and “second porous substrate 13”, Fig. 1, ¶ 0029) comprising a liquid absorbing surface (bottom surface of “first porous substrate 11” as shown in Fig. 1, ¶ 0029) and a vaporization surface (surface with “second heating film 14”, Fig. 1, ¶ 0029) that are arranged opposite to each other (Fig. 1), wherein the dense substrate comprises a plurality of vertical holes (vertical holes of the “plurality of holes 111” and “plurality of holes 131”, Fig. 1, ¶ 0034-0035) and a plurality of transverse holes (transverse holes of the “plurality of holes 111”, Fig. 1, ¶ 0035), the plurality of vertical holes run through the liquid absorbing surface and the vaporization surface (Fig. 1), and the plurality of transverse holes communicate the plurality of vertical holes (Fig. 1); and
a heating component (“second heating film 14”, Fig. 1, ¶ 0029) disposed on the vaporization surface (Fig. 1).
Regarding claim 2, Liu discloses the heating assembly according to claim 1, as stated above. Liu further discloses wherein the plurality of transverse holes comprise a plurality of first transverse holes extending (see Fig. 1 below, annotated by examiner) in a first direction and a plurality of second transverse holes (see Fig. 1 below, annotated by examiner) extending in a second direction, the second direction intersects with the first direction (see Fig. 1 below, annotated by examiner), and the plurality of first transverse holes and the plurality of second transverse holes are provided in a same layer with respect to a thickness direction of the dense substrate (both the plurality of first transverse holes and the plurality of second transverse holes are provided in the “first porous substrate 11” layer of the dense substrate; see Fig. 1 below, annotated by examiner).
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Figure 1, Annotated by Examiner
Regarding claim 7, Liu discloses the heating assembly according to claim 1, as stated above. Liu further discloses wherein the hole diameter of each of the plurality of vertical holes is consistent (Fig. 1).
Regarding claim 8, Liu discloses the heating assembly according to claim 1, as stated above. Liu further discloses wherein a thickness of the dense substrate ranges from 0.1 mm to 1 mm (“the thickness of the second porous substrate 13 is 0.5 to 1 mm”, ¶ 0033; as the dense substrate is the combination of “first porous substrate 11” and “second porous substrate 13”, the thickness of “second porous substrate 13” is considered “a thickness of the dense substrate”). Since the range 0.5 mm to 1 mm falls within the claimed range of 0.1 mm to 1 mm, the range is anticipated (MPEP § 2131.03).
Regarding claim 9, Liu discloses the heating assembly according to claim 1, as stated above. Liu further discloses wherein a hole diameter of each of the plurality of vertical holes ranges from 1 μm to 100 μm (“the diameter of the pores 111 is 5 to 50 μm” and “the diameter of the pores 131 is 5 to 30 μm”, ¶ 0036). Since the ranges 5 to 50 μm and 5 to 30 μm fall within the claimed range of 1 μm to 100 μm, the range is anticipated (MPEP § 2131.03).
Regarding claim 10, Liu discloses the heating assembly according to claim 1, as stated above. Liu further discloses wherein a hole diameter of each of the plurality of transverse holes ranges from 1 μm to 100 μm (“the diameter of the pores 111 is 5 to 50 μm”, ¶ 0036). Since the range 5 to 50 μm falls within the claimed range of 1 μm to 100 μm, the range is anticipated (MPEP § 2131.03).
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 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 110934343 A) as applied to claim 1 above.
Regarding claim 11, Liu discloses the heating assembly according to claim 1, as stated above. Liu further teaches wherein a ratio of a thickness of the dense substrate to a hole diameter of each of the plurality of vertical holes ranges from 20:1 to 3:1 (“the thickness of the second porous substrate 13 is 0.5 to 1 mm”, ¶ 0033, as the dense substrate is the combination of “first porous substrate 11” and “second porous substrate 13”, the thickness of “second porous substrate 13” is considered “a thickness of the dense substrate”; “the diameter of the pores 111 is 5 to 50 μm” and “the diameter of the pores 131 is 5 to 30 μm”, ¶ 0036; therefore, Liu teaches a ratio of a thickness of the dense substrate to a hole diameter of each of the plurality of vertical holes including the range from 1 mm : 5 μm to 0.5 mm : 50 μm, which corresponds to from 200:1 to 10:1). Since the range 200:1 to 10:1 overlaps the claimed range of 20:1 to 3:1, a prima facie case of obviousness exists (MPEP § 2144.05(I)).
Regarding claim 12, Liu discloses the heating assembly according to claim 1, as stated above. Liu does not explicitly disclose a ratio of a distance between centers of adjacent vertical holes to a hole diameter of each of the plurality of vertical holes. However, Liu teaches that the plurality of vertical holes transport and store liquid in the dense substrate (¶ 0034-0035). The efficacy of the plurality of vertical holes for this result depends on a ratio of a distance between centers of adjacent vertical holes to a hole diameter of each of the plurality of vertical holes. If the ratio is too large, then there will not be enough vertical holes within the dense substrate to store and transport the liquid. If the ratio is too small, then the dense substrate will lose structural integrity to store and transport the liquid as the vertical holes make up too much of the dense substrate. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to optimize a ratio of a distance between centers of adjacent vertical holes to a hole diameter of each of the plurality of vertical holes such that it falls within the claimed range. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." (In re Aller, 105 USPQ 233 (C.C.P.A. 1955); MPEP § 2144.05(II)(A)).
Claims 13-14 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 110934343 A) in view of Shi et al. (CN 111109665 A, a translation of which is provided for reference).
Regarding claim 13, Liu discloses a vaporizer (“electronic atomizing device”, ¶ 0059) comprising:
a heating assembly (“heating element assembly”, Fig. 1, ¶ 0029) configured to vaporize an aerosol-generation substrate (“atomize the liquid”, ¶ 0029), the heating assembly comprising:
a dense substrate (combination of “first porous substrate 11” and “second porous substrate 13”, Fig. 1, ¶ 0029) comprising a liquid absorbing surface (bottom surface of “first porous substrate 11” as shown in Fig. 1, ¶ 0029) and a vaporization surface (surface with “second heating film 14”, Fig. 1, ¶ 0029) that are arranged opposite to each other (Fig. 1), wherein the dense substrate comprises a plurality of vertical holes (vertical holes of the “plurality of holes 111” and “plurality of holes 131”, Fig. 1, ¶ 0034-0035) and a plurality of transverse holes (transverse holes of the “plurality of holes 111”, Fig. 1, ¶ 0035), the plurality of vertical holes run through the liquid absorbing surface and the vaporization surface (Fig. 1), and the plurality of transverse holes communicate the plurality of vertical holes (Fig. 1); and
a heating component (“second heating film 14”, Fig. 1, ¶ 0029) disposed on the vaporization surface (Fig. 1).
However, Liu does not explicitly disclose that the vaporizer comprises a liquid storage cavity configured to store the aerosol-generation substrate and that the heating assembly is in fluid communication with the liquid storage cavity. Instead, Liu focuses on the details of the heating assembly and indicates that the heating assembly is for use in a vaporizer without providing the details of the remaining components of the vaporizer (¶ 0059).
Shi, in the same field of endeavor, discloses a vaporizer (“atomizer 1”, Fig. 1, ¶ 0069) comprising a liquid storage cavity (“accommodating cavity 32”, Fig. 1, ¶ 0070) configured to store an aerosol-generation substrate (“aerosol-generating matrix such as e-liquid”, ¶ 0070) and a heating assembly (“heating element 20”, Fig. 1, ¶ 0070) in fluid communication with the liquid storage cavity (Fig. 1, ¶ 0070) and configured to vaporize the aerosol-generation substrate (“a heating element for heating a matrix for generating atomized aerosols”, ¶ 0010). Shi and Liu teach similar heating assemblies (compare Shi Fig. 2 to Liu Fig. 1) with the same function of storing, transporting, and vaporizing the aerosol-generation substrate (see Shi ¶ 0010, 0072, 0084; Liu ¶ 0029). One of ordinary skill in the art would have understood that upon combining the liquid storage cavity of Shi with the heating assembly Liu, each component would predictably function as expected, with the liquid storage cavity providing aerosol-generation substrate to the heating assembly. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the liquid storage cavity of Shi with the heating assembly of Liu in the vaporizer of Liu (see MPEP § 2143(I)(A)).
Regarding claim 14, Liu in view of Shi teaches the vaporizer according to claim 13, as stated above. Liu further discloses wherein the plurality of transverse holes comprise a plurality of first transverse holes (see Fig. 1 below, annotated by examiner) extending in a first direction and a plurality of second transverse holes (see Fig. 1 below, annotated by examiner) extending in a second direction, the second direction intersects with the first direction (see Fig. 1 below, annotated by examiner), and the plurality of first transverse holes and the plurality of second transverse holes are provided in a same layer with respect to a thickness direction of the dense substrate (both the plurality of first transverse holes and the plurality of second transverse holes are provided in the “first porous substrate 11” layer of the dense substrate; see Fig. 1 below, annotated by examiner).
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Figure 1, Annotated by Examiner
Regarding claim 17, Liu in view of Shi teaches the vaporizer according to claim 13, as stated above. Liu further discloses wherein a thickness of the dense substrate ranges from 0.1 mm to 1 mm (“the thickness of the second porous substrate 13 is 0.5 to 1 mm”, ¶ 0033; as the dense substrate is the combination of “first porous substrate 11” and “second porous substrate 13”, the thickness of “second porous substrate 13” is considered “a thickness of the dense substrate”). The range 0.5 mm to 1 mm falls within the claimed range of 0.1 mm to 1 mm (see MPEP § 2131.03).
Regarding claim 18, Liu in view of Shi teaches the vaporizer according to claim 13, as stated above. Liu further discloses wherein a hole diameter of each of the plurality of vertical holes ranges from 1 m to 100 m (“the diameter of the pores 111 is 5 to 50 μm” and “the diameter of the pores 131 is 5 to 30 μm”, ¶ 0036). The ranges 5 to 50 μm and 5 to 30 μm fall within the claimed range of 1 μm to 100 μm (see MPEP § 2131.03).
Regarding claim 19, Liu in view of Shi teaches the vaporizer according to claim 13, as stated above. Liu further discloses wherein a hole diameter of each of the plurality of transverse holes ranges from 1 m to 100 m (“the diameter of the pores 111 is 5 to 50 μm”, ¶ 0036). The range 5 to 50 μm falls within the claimed range of 1 μm to 100 μm (see MPEP § 2131.03).
Regarding claim 20, Liu discloses an electronic device (“electronic cigarettes”, ¶ 0059), comprising:
a vaporizer (“electronic atomizing device”, ¶ 0059), comprising:
a heating assembly (“heating element assembly”, Fig. 1, ¶ 0029) configured to vaporize an aerosol-generation substrate (“atomize the liquid”, ¶ 0029), the heating assembly comprising:
a dense substrate (combination of “first porous substrate 11” and “second porous substrate 13”, Fig. 1, ¶ 0029) comprising a liquid absorbing surface (bottom surface of “first porous substrate 11” as shown in Fig. 1, ¶ 0029) and a vaporization surface (surface with “second heating film 14”, Fig. 1, ¶ 0029) that are arranged opposite to each other (Fig. 1), wherein the dense substrate comprises a plurality of vertical holes (vertical holes of the “plurality of holes 111” and “plurality of holes 131”, Fig. 1, ¶ 0034-0035) and a plurality of transverse holes (transverse holes of the “plurality of holes 111”, Fig. 1, ¶ 0035), the plurality of vertical holes run through the liquid absorbing surface and the vaporization surface (Fig. 1), and the plurality of transverse holes communicate the plurality of vertical holes (Fig. 1); and
a heating component (“second heating film 14”, Fig. 1, ¶ 0029) disposed on the vaporization surface (Fig. 1).
However, Liu does not explicitly disclose that the vaporizer comprises a liquid storage cavity configured to store the aerosol-generation substrate and that the heating assembly is in fluid communication with the liquid storage cavity. Liu also does not explicitly disclose that the electronic device comprises a main unit, configured to supply electric energy for operation of the vaporizer and control the heating assembly to vaporize the aerosol-generation substrate. Instead, Liu focuses on the details of the heating assembly and indicates that the heating assembly is for use in a vaporizer of an electronic device without providing the details of the remaining components of the vaporizer and electronic device (¶ 0059).
Shi, in the same field of endeavor, discloses an electronic device (“electronic atomizing device”, Fig. 1, ¶ 0069) comprising a vaporizer (“atomizer 1”, Fig. 1, ¶ 0069) comprising a liquid storage cavity (“accommodating cavity 32”, Fig. 1, ¶ 0070) configured to store an aerosol-generation substrate (“aerosol-generating matrix such as e-liquid”, ¶ 0070) and a heating assembly (“heating element 20”, Fig. 1, ¶ 0070) in fluid communication with the liquid storage cavity (Fig. 1, ¶ 0070) and configured to vaporize the aerosol-generation substrate (“a heating element for heating a matrix for generating atomized aerosols”, ¶ 0010). Shi also discloses that the electronic device comprises a main unit (“power supply device 2”, Fig. 1, ¶ 0069) configured to supply electric energy for operation of the vaporizer and control the heating assembly to vaporize the aerosol-generation substrate (“The power supply device 2 is used to supply power to the atomizer 1 and to control the electronic atomization device.”, ¶ 0069). Shi and Liu teach similar heating assemblies (compare Shi Fig. 2 to Liu Fig. 1) with the same function of storing, transporting, and vaporizing the aerosol-generation substrate (see Shi ¶ 0010, 0072, 0084; Liu ¶ 0029). One of ordinary skill in the art would have understood that upon combining the liquid storage cavity and main unit of Shi with the heating assembly of Liu, each component would predictably function as expected, with the liquid storage cavity providing aerosol-generation substrate to the heating assembly and the main unit providing electric energy and control to the heating assembly. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have combined the liquid storage cavity and main unit of Shi with the heating assembly of Liu in the vaporizer and electronic device of Liu (see MPEP § 2143(I)(A)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY G CULBERT whose telephone number is (571)270-0874. The examiner can normally be reached Monday-Friday 9am-4pm.
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/COURTNEY G CULBERT/Examiner, Art Unit 1747
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