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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/13/2026 has been entered.
Status of the Claims
Claims 1 and 4-17 are pending and are subject to this Office Action. Claim 1 is amended.
Response to Amendment
The Examiner acknowledges Applicant’s response filed on 12/18/2025 containing
amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, see pages 5-9, filed 12/18/2025, with respect to the rejection(s) of claim(s) 1 under 35 USC 103 have been fully considered and are persuasive. The Applicant has amended claim 1 to recite wherein an outermost liquid locking advantage layer of the at least two unit layers serves as the second surface of the porous body, such that liquid enters the porous body through the outermost liquid locking advantage layer, whereas previously this was not required. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of previously applied art and newly found art.
The following is a modified rejection made based on amendments made to the claims.
Claim Objections
Claim 10 is objected to because of the following informalities:
Lines 2-3 recite “the second porosity of the second porosity layer”. However, there is no recitation of a second porosity layer in any previous claims. Claim 1 merely recites “the liquid locking advantage layer has a second porosity”. It appears claim 10 should just recite “the second porosity”. Appropriate correction is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 4-5, 7, 12, and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US2020/0054075) in view of Bei (WO2020/228330, citations will refer to the English equivalent US2022/0071290) and Zhou (CN110876494A, cited in IDS dated 2/28/2023; references will refer to the English equivalent US2022/0312844).
Regarding claim 1, Zhang teaches:
A vaporization core for an electronic vaporization device (heater 1, figures 1-2, [0037]) comprising:
A porous body (porous body 11), wherein the porous body comprises a first surface (atomizing surface 113) and a second surface (absorbing surface 114) opposite the first surface (figure 2, [0043]).
A heating element arranged on a first surface of the porous body (heating element 12, figure 2).
Wherein the porous body comprises at least one unit layer comprising a liquid storage advantage layer (inner first layer 111) and a liquid locking advantage layer (outer second layer 112) combined with the liquid storage advantage layer (figure 2, [0038]).
Wherein the liquid storage advantage layer has a first porosity, the liquid locking advantage layer has a second porosity, and the first porosity is greater than the second porosity (where part of the porous body that is near the atomizing surface has a greater porosity than part of the porous body that is near the absorbing surface, [0017]).
Wherein the heating element is combined with a surface of the liquid storage advantage layer and at least partially infiltrates in the liquid storage advantage layer (the heating element 12 is integrated with the porous body 11 [0043], and as shown in figure 2 this is in the inner first layer 111).
Zhang does not appear to explicitly disclose (I) the heating element is a heating film and (II) the at least one unit layer comprises at least two unit layers sequentially arranged along a direction from the first surface to the second surface, wherein each layer of the at least two unit layers comprises a liquid storage advantage layer and a liquid locking advantage layer combined with the liquid storage advantage layer, wherein the liquid storage advantage layers and the liquid locking advantage layers of the at least two unit layers are alternately stacked together along the direction from the first surface to the second surface, wherein the heating film is combined with a surface of an outermost liquid storage advantage layer of the at least two unit layers, and wherein an outermost liquid locking advantage layer of the at least two unit layers serves as the second surface of the porous body, such that liquid enters the porous body through the outermost liquid locking advantage layer.
In regard to (I), Bei, directed to an electric atomization device, teaches:
An atomization assembly 1 comprising a porous ceramic matrix 10 and a heating body 20 ([0038], figures 1-3). The heating body comprises a heating part 23 ([0042]).
In some embodiments, the heating part 23 is formed as a net-like configuration by means of etching processing, allowing the film width and film thickness to be slender and thin ([0046]), and thus the heating part 23 reads on a heating film.
The heating body 20 is arranged in a net-like form that shows elasticity, allowing for easy release of stress during thermal oscillation resulting from vaping and being not easy to detach ([0047]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to make the heating body of Zhang be a heating film formed as a net-like configuration by means of etching processing as taught by Bei, because both Zhang and Bei are directed to atomization devices with a porous body and heating element, Bei teaches this allow for easy release of thermal oscillation stretch while being not easy to detach, and this merely involves incorporating a known type of heating element (i.e. heating film) to a similar atomization device with a porous body to yield predictable results.
In regard to (II), Zhou, directed to a ceramic vaporization core, teaches:
A vaporization core (1) comprising a porous body (10) that has a liquid storage advantage layer (porous ceramic layer 11) and a liquid locking advantage layer (microporous ceramic layer 12) ([0045]-[0046], figure 2).
There may be a plurality of porous ceramic layers 11 and a plurality of microporous ceramic layers 12, and they may be sequentially and alternately disposed in the flow direction of the e-liquid ([0046]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang to have a plurality of liquid storage advantage layers and a plurality of liquid locking advantage layers that are sequentially and alternatively disposed in the flow direction of the e-liquid as taught by Zhou, because both Zhang and Zhou are directed to vaporization cores with a porous body that has a liquid storage advantage layer and a liquid locking advantage layer, and this merely involves configuring similar layers of a porous body a known way (i.e. plurality of layers sequentially and alternatively disposed) to a similar vaporization core to yield predictable results.
As Zhang teaches the inner first layer 11 attached with the heating body and the outer second layer 112 in contact with the tobacco liquid, it would be obvious to one having ordinary skill in the art to maintain this configuration but merely have a plurality of layers sequentially and alternatively disposed in between as taught by Zhou. Therefore, there would be a plurality of layers comprising a liquid storage advantage layer and a liquid locking advantage layer combined with the liquid storage advantage layer, and thus the at least one unit layer comprises at least two unit layers sequentially arranged along a direction from the first surface to the second surface, wherein each layer of the at least two unit layers comprises a liquid storage advantage layer and a liquid locking advantage layer combined with the liquid storage advantage layer, wherein the liquid storage advantage layers and the liquid locking advantage layers of the at least two unit layers are alternately stacked together along the direction from the first surface to the second surface, wherein the heating film is combined with a surface of an outermost liquid storage advantage layer of the at least two unit layers, and wherein an outermost liquid locking advantage layer of the at least two unit layers serves as the second surface of the porous body, such that liquid enters the porous body through the outermost liquid locking advantage layer.
Regarding claims 4, 7, and 16, modified Zhang has the porous body comprising a plurality of liquid storage advantage layers and a plurality of liquid locking advantage layers that are sequentially and alternatively disposed in the flow direction of the e-liquid. However, modified Zhang does not specify the amount of the plurality of layers that are sequentially and alternatively disposed. As such, it would be obvious to one ordinary skill in the art to modify the porous body to have a certain number of layers, such as four unit layers, and thus four liquid locking advantage layers and four liquid locking storage advantage layer that are sequentially and alternatively disposed, as there merely involves choosing from a finite number of identified, predictable solutions, with a reasonable expectation for success.
It would be further obvious to one of ordinary skill in the art that the total thickness of the porous body would need to have the same thickness as disclosed in Zhang for the porous body to be appropriately sized for the vaporization device of Zhang. Therefore, as Zhang teaches where a thickness of the outer second layer 112 is 0.8 to 5 mm [0039], a thickness of each liquid locking advantage layer would be 0.2 to 1.25 mm. The range taught by the prior art overlaps the claimed range of from 10 um to 200 um (0.01 to 0.2 mm) and is therefore prima facie obvious.
Further, as Zhang teaches where a thickness of the inner first layer 111 is between 0 and 0.8 mm [0039], a thickness of each liquid storage advantage layer would be between 0 and 0.2 mm, which overlaps the claim 16 range of from 0.1 mm and 1.70 mm and is therefore prima facie obvious. Further, a thickness of each unit layer would be between 0.2 and 1.45 mm, which overlaps the claim 7 range of between 0.1 mm and 1.5 mm and is therefore prima facie obvious.
Regarding claim 5, Zhang further teaches wherein a thickness of the porous body ranges from 0.8 mm to 5 mm ([0039] where the thickness of the first layer 111 is 0-0.8 mm and the thickness of the second layer 112 is 0.8-5 mm). The range taught by the prior art overlaps the claimed range of 0.8 mm to 3.0 mm and is therefore prima facie obvious.
Regarding claim 12, Zhang further teaches wherein the porous body comprises porous alumina ceramic, porous silicon oxide, porous silicon carbide, porous silicon nitride or composite porous ceramic formed integrally [0040].
Regarding claim 15, Zhang does not appear to explicitly disclose the infiltration ratio of the heating film. However, as shown in figure 2, the heating element only infiltrates into a portion of inner first layer 111. As the thickness of inner first layer ranges from 0 to 50% of the porous body ([0039]), it is evident that the infiltration ratio of the heating film would not exceed 50%, which falls within the claimed range of less than 60%.
Regarding claim 17, Zhang further teaches an electronic vaporization device (electronic cigarette 4) comprising the vaporization core of claim 1 (containing the above heater 1, [0050]).
Claim(s) 6 and 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US2020/0054075) in view of Bei (WO2020/228330, citations will refer to the English equivalent US2022/0071290) and Zhou (CN110876494A, cited in IDS dated 2/28/2023; references will refer to the English equivalent US2022/0312844) as applied to claim 1 above, and further in view of Huang (CN215422802, cited in IDS dated 2/28/2023; references will refer to the English translation provided).
Regarding claims 6 and 10-11, Zhang is silent to the porosity of the porous body.
However, Huang, directed to an atomizing core, teaches:
A vaporization core for an electronic vaporization device comprising: a porous body (the atomizer core 50 that includes a ceramic substrate, [0027]) comprising a liquid storage advantage layer (third porous ceramic body 503) and a liquid locking advantage layer combined with the liquid storage advantage layer (second porous ceramic body 502) and the heating body is combined with a surface of the liquid storage advantage layer (as shown in figure 2).
The porosity of the liquid storage advantage layer is 30% to 80% ([00012]) and the porosity of the liquid locking advantage layer is 10% to 50% ([0009]).
Therefore, as Zhang is silent to the porosity of the porous body, it would be obvious for one having ordinary skill in the art to be motivated to look to other known teachings of porosities of porous bodies that one of ordinary skill could apply to Zhang with a reasonable expectation of success in the porous body having a suitably porosity for use in the vaporization device.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to make the liquid locking advantage layer and the liquid storage advantage layer of the porous body of Zhang have a porosity of 10% to 50% and 30% to 80%, respectively, as taught by Huang, because both Zhang and Huang are directed to porous bodies for vaporization devices comprising a liquid storage advantage layer and a liquid storage locking layer, and this merely involves the discovery of optimum or workable ranges by routine experimentation.
As the thickness of the liquid locking advantage layer of Zhang is 0.8 to 5 mm and the thickness of the liquid storage advantage layer of Zhang is 0 to 0.8 mm ([0039]), an average porosity of the porous body is therefore between 10% and 54.14%. The range taught by the prior art overlaps the claimed range of between 50% and 75% and is therefore prima facie obvious.
The porosity of the liquid storage advantage layer is 0.6 to 8 times the porosity of the liquid locking advantage layer, which overlaps the claim 10 range of wherein the first porosity is 1.2 to 2 times the second porosity and is therefore prima facie obvious.
The porosity of the liquid locking advantage layer being between 10% to 50% overlaps the claim 11 range of wherein the second porosity ranges from 45% to 70% and is therefore prima facie obvious. The porosity of the liquid storage advantage layer being between 30% to 80% overlaps the claim 11 range of wherein the first porosity ranges from 55% to 90% and is therefore prima facie obvious.
Regarding claims 8-9, Zhang is silent to the pore size of the liquid storage advantage layer and the liquid locking advantage layer.
However, Huang, directed to an atomizing core, teaches:
A vaporization core for an electronic vaporization device comprising: a porous body (the atomizer core 50 that includes a ceramic substrate, [0027]) comprising a liquid storage advantage layer (third porous ceramic body 503) and a liquid locking advantage layer combined with the liquid storage advantage layer (second porous ceramic body 502) and the heating body is combined with a surface of the liquid storage advantage layer (as shown in figure 2).
Wherein the liquid storage advantage layer comprises a large-pore-size structure layer and wherein the liquid locking advantage layer comprises a small-pore-size structure layer (as shown in figure 2 the pores C of the third porous ceramic body 503 are larger than the pores B of the second porous ceramic body 502).
The pore size of the liquid storage advantage layer is 10 um to 50 um ([00013]) and the pore size of the liquid locking advantage layer is 10 um to 50 um ([0009]).
Therefore, as Zhang is silent to the pore size of the liquid storage advantage layer and the liquid locking advantage layer, it would be obvious for one having ordinary skill in the art to be motivated to look to other known teachings of pore sizes of porous bodies with liquid storage advantage layers and the liquid locking advantage layers that one of ordinary skill could apply to Zhang with a reasonable expectation of success in the liquid storage advantage layer and the liquid locking advantage layer having suitable pore sizes for use in the vaporization device.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to make the liquid locking advantage layer and the liquid storage advantage layer of the porous body of Zhang have a pore size of 10 um to 50 um as taught by Huang, because both Zhang and Huang are directed to porous bodies for vaporization devices comprising a liquid storage advantage layer and a liquid storage locking layer, and this merely involves the discovery of optimum or workable ranges by routine experimentation.
As such, an average pore size of the large-pore-size structure layer may be 1 to 5 times an average pore size of the small-pore size structure. The range taught by the prior art overlaps the claim 8 range of 1.5 to 2.5 times and is therefore prima facie obvious.
The liquid storage advantage layer having a pore size of 10 um to 50 um overlaps the claim 9 range of 50 um to 150 um and is therefore prima facie obvious. The liquid locking advantage layer having a pore size of 10 um to 50 um overlaps the claim 9 range of 20 um to 100 um and is therefore prima facie obvious
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (US2020/0054075) in view of Bei (WO2020/228330, citations will refer to the English equivalent US2022/0071290) and Zhou (CN110876494A, cited in IDS dated 2/28/2023; references will refer to the English equivalent US2022/0312844) as applied to claim 1 above, and further in view of Muneishi (WO2020138330, citations will refer to the English equivalent US2022/0070978).
Regarding claim 13, modified Zhang does not appear to disclose wherein the heating film comprises a porous heating film.
Muneishi, directed to an atomization assembly including a porous matrix and a heating body, teaches:
A heater 10 (i.e. vaporization core) that includes a ceramic substrate 1 (i.e. porous body) and a first electric conductor 2a (i.e. heating film) (figure 1, [0017]-[0018]).
The first electric conductor 2a in the heater 10 according to the present disclosure includes a plurality of gaps 9 ([0022], figure 3). As such first electric conductor 2a/heater is porous.
Therefore, the heater 10 has a high heat dissipation ([0023]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the heating film of modified Zhang to be porous as taught by Muneishi, because both Zhang and Muneishi are directed to vaporization assemblies with a porous body and a heating element, Muneishi teaches makes the heater have a high heat dissipation, and this merely involves incorporating a known type of heater (i.e. a porous heater) to a similar vaporization assembly to yield predictable results.
Regarding claim 14, modified Zhang is silent to the thickness of the heating film.
Muneishi, directed to an atomization assembly including a porous matrix and a heating body, teaches:
A heater 10 (i.e. vaporization core) that includes a ceramic substrate 1 (i.e. porous body) and a first electric conductor 2a (i.e. heating film) (figure 1, [0017]-[0018]).
An average thickness the first electric conductor 2a may be equal to or more than 1 μm and equal to or less than 5 mm ([0028]).
Therefore, as modified Zhang is silent to the thickness of the heating film it would be obvious to one having ordinary skill in the art to be motivated to look to other known teachings of heating film thickness that one of ordinary skill could apply to Zhang with a reasonable expectation of success in the heating film being suitably sized for use with a vaporization core. As such, it would be obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate to Zhang the thickness of the heater film being equal to or more than 1 um and equal to or less than 5 mm as taught by Muneishi, because both Zhang and Muneishi are directed to vaporization cores with a porous matrix and heating body, and this merely involves incorporating a known thickness of a heating film to a similar heating film to yield predictable results.
Conclusion
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/N.A.S./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755