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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2025 September 30 has been entered.
Claims 1 and 5-11 are pending.
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.
Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over Fu (WO 2021097646 A1 with reference made to machine translation) in view of Leadley (WO 2022053782 A1).
Claim 1: Fu teaches an electronic cigarette (fig. 1, #100), comprising a cigarette stem (100B) and a cartridge (100A), wherein a battery (fig. 5A, #18) and a PCB (11) are provided in the cigarette stem (100B),
an atomizer (fig. 2B, #7) configured for atomizing e-liquid [66] is provided in the cartridge (100A), the atomizer (7) comprises an atomizing core (body of 7), a heating wire ([29], heating circuit) configured for heating the e-liquid [66], the heating wire (heating circuit) is provided on the atomizing core (body of 7), the heating wire (heating circuit) is electrically connected to the battery (the heating wire is powered);
wherein the cartridge (fig. 2B, #100A) is provided with a plurality of electrical pins (8m1 and 8m2) configured to connect to the PCB ([108], #8m1 and #8m2 connect to #21; [92-93], #21 connects to #12), the plurality of electrical pins (8m1 and 8m2) are arranged at intervals, two ends of the heating wire ([29], heating circuit) are separately provided with a conductive contact (each end of the heating circuit), and the conductive contacts (the ends of the heating circuit) are fixed on the ceramic atomizing core (body of 7) and separately electrically connected to ([44], #8m1 and #8m2 power the heating assembly and circuit) two of the plurality of electrical pins (8m1 and 8m2);
wherein the ceramic atomizing core (7) is provided with a plurality of conductive pins ([44], pins extending from 7), the plurality of conductive pins (pins extending from 7) are in one-to-one correspondence to the plurality of electrical pins (8m1 and 8m2), and one conductive contact (an end of the heating circuit) is connected to ([44], #8m1 and #8m2 power the heating assembly and circuit) one electrical pin (8m1) of the plurality of electrical pins via one conductive pin (pin extending from 7) of the plurality of conductive pins;
wherein the conductive contacts ([29], the ends of the heating circuit) and two connection contacts ([44], the ends of the pins) are located on an upper end face of the atomizing core (body of 7).
“Upper” is a relative term that requires a reference state. The reference state can be chosen such that the conductive contacts and the connection contacts will be on an upper face of the atomizing core, so the conductive contacts and the connection contacts are on an upper face of the atomizing core.
Fu does not explicitly teach that the atomizing core is ceramic, that the ceramic atomizing core comprises a temperature sensing element configured for detecting a temperature of the heating wire and electrically connected to the PCB, wherein the temperature sensing element comprises a sensing element body, a positive pin and a negative pin, the ceramic atomizing core is provided with a holding groove configured to contain the sensing element body, the sensing element body is in insertion connection with the holding groove, and the positive pin and the negative pin are separately electrically connected to two of the plurality of conductive pins;
and wherein an opening of the holding groove is located on a sidewall of the ceramic atomizing core, and the temperature sensing element is mounted on the sidewall of the ceramic atomizing core.
Leadley teaches an atomizing core (fig. 2 and p. 13, lines 13-31, #40) that is ceramic, such that the atomizing core can be formed into a wide range of shapes and sizes to offer flexibility in designing an aerosol generator (p. 13, lines 7-12).
It would have been prima facie obvious to one of ordinary skill before the effective filing date of the instant invention to use, as Fu’s generic atomizing core material, Leadley’s specific ceramic atomizing core material, because doing so would enable the atomizing core to resist high temperatures.
Leadley teaches a ceramic atomizing core (fig. 14 and p. 20, lines 11-22, #40) comprising a temperature sensing element (thermocouple junction #42 is embedded as in other embodiments; fig. 15 and p. 21, lines 25-33, #42 and #45) configured for detecting a temperature of a heater (abstract) and electrically connected to a circuit (fig. 18 and p. 23, lines 10-11), wherein the temperature sensing element (fig. 15, #42 and #45) comprises a sensing element body (42), a positive pin and a negative pin (44a and 44b form a circuit which requires one positive element and one negative element), the ceramic atomizing core (40) is provided with a holding groove (groove which surrounds 42) configured to contain the sensing element body (42), the sensing element body (42) is in insertion connection with (42 has been inserted into 40) the holding groove (groove which surrounds 42), and the positive pin and the negative pin (44a and 44b) are separately electrically connected to two of a plurality of conductive pins (p. 13, lines 21-23, a thermocouple measurement circuit connects to #44a and #44b which requires conductive pins to electrically receive #44a and #44b);
and wherein an opening (opening through which 44a emerges) of the holding groove is located on a sidewall (wall through which 44a emerges) of the ceramic atomizing core (40), and the temperature sensing element (42) is mounted on the sidewall (wall through which 44a emerges) of the ceramic atomizing core (40), such that the temperature sensing element enables overheating detection and temperature control (p. 10, lines 24-33) while remaining isolated from the ambient environment in order to sense an actual temperature of the heater (p. 13, lines 2-6).
It would have been prima facie obvious to one of ordinary skill before the effective filing date of the instant invention to add, to Fu’s atomizing core, Leadley’s temperature sensing element configured for detecting a temperature of the heating wire and electrically connected to the PCB, wherein the temperature sensing element comprises a sensing element body, a positive pin and a negative pin, the ceramic atomizing core is provided with a holding groove configured to contain the sensing element body, the sensing element body is in insertion connection with the holding groove, and the positive pin and the negative pin are separately electrically connected to two of the plurality of conductive pins; and wherein an opening of the holding groove is located on a sidewall of the ceramic atomizing core, and the temperature sensing element is mounted on the sidewall of the ceramic atomizing core, because doing so would enable overheating detection and temperature control while keeping the temperature sensing element isolated from the ambient environment in order to sense an actual temperature of the heater.
Claim 5: modified Fu teaches the electronic cigarette according to claim 1, wherein the cartridge (fig. 2A, #100A) further comprises a casing (8), two limit tubes (cylinders extending from 8 towards 7) are provided in the casing (8), individual electrical pins (pins extending from 7 towards 8) of the plurality of electrical pins are separately positioned in the two limit tubes (fig. 4A).
Modified Fu does not explicitly teach that ends of the positive pin and the negative pin away from the sensing element body are separately positioned in the two limit tubes and abut against and electrically connect to the plurality of electrical pins.
Fu’s conductive pins (Fu fig. 2B and [44], pins protruding from #7) electrically connect to ([44], pins protruding from #7 connect to #8m1 and #8m2; [108], #8m1 and #8m2 connect to #21; [92-93], #21 connects to #12) a PCB (12). One of ordinary skill adding Leadley’s two sensing pins (Leadley fig. 2, #44a and #44b) connected to a circuit onto Fu would be motivated to connect Leadley’s two sensing pins to Fu’s conductive pins in order to connect to Fu’s PCB.
It would have been prima facie obvious to one of ordinary skill before the effective filing date of the instant invention to position Leadley’s ends of the positive pin and the negative pin away from the sensing element body in the two limit tubes and abut against and electrically connect to the plurality of electrical pins, because doing so would connect the ends of the positive pin and the negative pin to Fu’s PCB.
Claim 6: modified Fu teaches the electronic cigarette according to claim 1, wherein two conductive pins (fig. 2A, columns extending from #7) are arranged side by side at an interval, and the holding groove is positioned in the sidewall of the ceramic atomizing core (claim 4).
Modified Fu does not explicitly teach that the two conductive pins are three conductive pins.
Duplicating Fu’s two conductive pins would produce the expected result of three conductive pins which would enable a higher number of electrical connections and customizations. See MPEP 2144.04(VI)(B): In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). The courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.
It would have been prima facie obvious to one of ordinary skill before the effective filing date of the instant invention to duplicate Fu’s two conductive pins into three conductive pins, because doing so would be a patentably indistinct duplication of parts.
Claim 7: modified Fu teaches the electronic cigarette according to claim 4, wherein two conductive pins (fig. 2A, columns extending from #7) are arranged side by side at an interval, and the holding groove is positioned in the sidewall of the ceramic atomizing core (claim 4), and the positive pin and the negative pin are separately electrically connected to two of the conductive pins (claim 4).
Modified Fu does not explicitly teach that the two conductive pins are four conductive pins, or that the two connected conductive pins are the two middle conductive pins.
Duplicating Fu’s two conductive pins would produce the expected result of four conductive pins which would enable a higher number of electrical connections and customizations. See MPEP 2144.04(VI)(B): In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). The courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.
Arranging modified Fu’s sensing pins to connect to the two middle conductive pins would maintain electrical connection within the device. See MPEP 2144.04(VI)(C): In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). The courts have held that shifting the position of the starting switch was unpatentable because it would not have modified the operation of the device.
It would have been prima facie obvious to one of ordinary skill before the effective filing date of the instant invention to duplicate Fu’s two conductive pins into four conductive pins and arrange modified Fu’s sensing pins to connect to the two middle conductive pins, because doing so would be a patentably indistinct duplication of parts and arrangement of parts.
Claim 8: modified Fu teaches the electronic cigarette of claim 1, wherein two conductive pins (fig. 2A, columns extending from #7) are staggered at an interval, and the positive pin and the negative pin are separately electrically connected to two of the conductive pins (claim 4).
Modified Fu does not explicitly teach that the holding groove and the plurality of conductive pins are located in a same end face, or that the two conductive pins are four conductive pins.
Arranging modified Fu’s holding groove and conductive pins on a same end face would maintain electrical connection of the device. See MPEP 2144.04(VI)(C): In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). The courts have held that shifting the position of the starting switch was unpatentable because it would not have modified the operation of the device.
Duplicating Fu’s two conductive pins would produce the expected result of four conductive pins which would enable a higher number of electrical connections and customizations. See MPEP 2144.04(VI)(B): In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). The courts have held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.
It would have been prima facie obvious to one of ordinary skill before the effective filing date of the instant invention to arrange modified Fu’s holding groove to the same end face as the plurality of conductive pins and to duplicate Li’s two conductive pins into four conductive pins, because doing so would be a patentably indistinct arrangement of parts and duplication of parts.
Claim 9: modified Fu teaches the electronic cigarette according to claim 4, wherein the two connection contacts (fig. 2B and [44], ends of the pins) are configured for electrical connection with the temperature sensing element (the pins are capable of electrically connecting to the temperature sensing element), and the positive pin and the negative pin (Leadley fig. 2, #44a and #44b) are connected with the two connection contacts (ends of the pins of 7), respectively.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Fu (WO 2021097646 A1) in view of Leadley (WO 2022053782 A1) as applied to claim 1 in further view of Hijma (WO 2022167291 A1).
Claim 10: modified Fu teaches the electronic cigarette according to claim 1, wherein the temperature sensing element is electrically connected to a power supply (the temperature sensing element is operable).
Modified Fu does not explicitly teach that the atomizer further comprises a spring clip configured for fixing the temperature sensing element, the ceramic atomizing core is provided with a clamping part, the spring clip is in snap connection with the clamping part, and the temperature sensing element is mounted on the spring clip.
Hijma teaches an electronic cigarette comprising a spring clip (fig. 5, #65) configured for fixing a temperature sensing element (64), wherein an atomizing core is provided with a clamping part (66), the spring clip (65) is in snap connection (p. 14, lines 19-23, #66 clamps #64 which is integral with #65) with the clamping part (66), and the temperature sensing element (64) is mounted on the spring clip (65), such that good contact between the temperature sensing element (64) and a heater (48) can be established (p. 14, lines 19-23).
It would have been prima facie obvious to one of ordinary skill before the effective filing date of the instant invention to modify as taught by Hijma that the atomizer further comprises a spring clip configured for fixing the temperature sensing element, the ceramic atomizing core is provided with a clamping part, the spring clip is in snap connection with the clamping part, and the temperature sensing element is mounted on the spring clip, because doing so would establish good contact between the temperature sensing element and the heater.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Fu (WO 2021097646 A1) in view of Leadley (WO 2022053782 A1) as applied to claim 1 in further view of Peng (CN 112293801 A with reference made to machine translation).
Claim 11: modified Fu teaches the electronic cigarette according to claim 1, wherein the ceramic atomizing core (fig. 2B, #7) is provided with a first edge and a second edge (edges of 7 which are closest to 8), the first edge and the second edge are perpendicular to each other.
Modified Fu does not explicitly teach that the heating wire is provided with a heating bar comprising at least one first bent section facing towards the first edge and at least one second bent section facing towards or being parallel to the second edge.
Peng teaches an atomizing core (fig. 1 and [34], #100) comprising a heating bar (210) comprising at least one first bent section facing towards a first edge and at least one second bent section facing towards a second edge, such that the connection area between the atomizing core and the heating bar is increased in order to reduce warping [35].
PNG
media_image1.png
609
687
media_image1.png
Greyscale
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to shape Fu’s heating wire into a heating bar comprising at least one first bent section facing towards a first edge and at least one second bent section facing towards a second edge as taught by Peng, because doing so would increase the connection area between the atomizing core and the heating bare in order to reduce warping.
Response to Arguments
Applicant’s arguments of 2025 September 30 have been carefully considered. Upon further search and consideration necessitated by applicant’s amendments, a new ground of rejection is made for claim 1 over Fu in view of Leadley.
Applicant’s arguments against Li, Hijma, and Peng (p. 8-9) are mooted by the new ground of rejection which does not rely on Li, Hijma, or Peng.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tobey C. Le whose telephone number is (703)756-5516. The examiner can normally be reached Mon-Thu 8:30-18:30 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H. Wilson can be reached on 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TOBEY C LE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747