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 .
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 1-20 and 22-25 are rejected under 35 U.S.C. 103 as being unpatentable over SHI (CN 111109665).
Regarding claim 1, SHI teaches a heating element (20, 20a-20d), for heating and vaporizing a liquid aerosol-forming medium (para. 0069-0070; 0076), the heating element comprising: a dense substrate (21, 21a-21d), comprising a first surface and a second surface opposite to the first surface (as shown in Fig. 2 and 11-14), wherein a plurality of micro-pores (25, 25a-25d) are arranged in the dense substrate (as shown in Fig. 2 and 11-14), the micro-pores are through holes (as shown in Fig. 2 and 11-14), and each of the micro-pores is configured to guide the aerosol-forming medium to the first surface (para. 0076); and a heating film (22, 22a-22d), formed on the first surface (as shown in Fig. 2 and 11-14), wherein a ratio of a thickness of the dense substrate to a pore size of the micro-pore is 100:1 or 150:1 or any other ratio having a pore size of 1µm-200µm and a thickness of the substrate of 1000µm or 1500µm (para. 0085-0086; 0076).
SHI fails to explicitly disclose wherein a ratio of a thickness of the dense substrate to a pore size of the micro-pore is in a range of 20:1-3:1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed ratio of a thickness of the dense substrate to a pore size of the micro-pore, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Regarding claim 2, SHI teaches the heating element of claim 1, wherein the plurality of micro-pores are arranged in an array (para. 0026).
Regarding claim 3, SHI teaches the heating element of claim 2, wherein shapes and the pore sizes of the plurality of micro-pores are the same (as shown in Fig. 2 and 11-14), and the plurality of micro-pores are arranged in a rectangular array (para. 0026).
Regarding claim 4, SHI teaches the heating element of claim 2, comprising the array has a first region and a second region, and the micro-pores in the second region have a pore size that is different from a pore size of the micro-pores in the first region (para. 0026; 0078).
Regarding claim 5, SHI teaches the heating element of claim 1, wherein the first surface is a plane (as shown in Fig. 2 and 11-14), each micro-pore is a straight-through hole perpendicularly extending through the first surface and the second surface (as shown in Fig. 2 and 11-14), and a cross-section of the micro-pore is circular (para. 0073; 0076).
Regarding claim 6, SHI teaches the heating element of claim 5, wherein the first surface and the second surface are both planes and are arranged in parallel (as shown in Fig. 2 and 11-14).
Regarding claim 7, SHI teaches the heating element of claim 1, wherein the dense substrate is made of glass or dense ceramic (para. 0017; 0074; 0076; 0085-0086).
Regarding claim 8, SHI teaches the heating element of claim 7, wherein the dense substrate is made of one of borosilicate glass, quartz glass, or photosensitive lithium aluminosilicate glass (0074).
Regarding claim 9, SHI teaches the heating element of claim 8, wherein a ratio of a thickness of the dense substrate to a pore size of the micro-pore is 100:1 or 150:1 or any other ratio having a pore size of 1µm-200µm and a thickness of the substrate of 1000µm or 1500µm (para. 0085-0086; 0076).
SHI fails to disclose wherein the ratio of the thickness of the dense substrate to the pore size of the micro-pore is in a range of 15:1-5:1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed ratio of a thickness of the dense substrate to a pore size of the micro-pore, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Regarding claim 10, SHI teaches the heating element of claim 8, wherein a distance between two adjacent micro-pores is 20µm (para. 0085-0086) and a pore size of the micro-pore is 10µm, or 1µm-200µm (para. 0085-0086; 0076).
Shi fails to explicitly disclose wherein a ratio of a distance between centers of two adjacent micro-pores to the pore size of the micro-pore is in a range of 3:1-1.5:1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed ratio of a distance between centers of two adjacent micro-pores to the pore size of the micro-pore, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Regarding claim 11, SHI teaches the heating element of claim 8, wherein a distance between two adjacent micro-pores is 20µm (para. 0085-0086) and a pore size of the micro-pore is 10µm, or 1µm-200µm (para. 0085-0086; 0076).
Shi fails to explicitly disclose wherein a ratio of a distance between centers of two adjacent micro-pores to the pore size of the micro-pore is in a range of 3:1-2.5:1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed ratio of a distance between centers of two adjacent micro-pores to the pore size of the micro-pore, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Regarding claim 12, SHI teaches the heating element of claim 8, wherein the thickness of the dense substrate is in a range of 0.1 millimeters to 1 millimeter (para. 0086; example, 1000µm=1.0mm).
Regarding claim 13, SHI teaches the heating element of claim 8, wherein the thickness of the dense substrate is either 1.0mm or 1.5mm (para. 0085-0086).
SHI fails to explicitly disclose wherein the thickness of the dense substrate is in a range of 0.2 millimeters to 0.5 millimeters.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed thickness of the dense substrate range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Regarding claim 14, SHI teaches the heating element of claim 8, wherein the pore size of the micro-pore is in a range of 1 micrometer to 100 micrometers (example, 10µm; para. 0085-0086).
Regarding claim 15, SHI teaches the heating element of claim 8, wherein the pore size of the micro-pore is in a range of 20 micrometers to 50 micrometers (para. 0076).
Regarding claim 16, SHI teaches the heating element of claim 1, wherein a longitudinal section of each through hole has a rectangle shape or a dumbbell shape (as shown in Fig. 2 and 11-14).
Regarding claim 17, SHI teaches the heating element of claim 1, wherein the micro-pore extends through the heating film (as shown in Fig. 2 and 11-14).
Regarding claim 18, SHI teaches the heating element of claim 17, wherein: the heating film is made of silver, copper, aluminum, gold, or an alloy thereof (para. 0075), a thickness of the heating film is in a range of 10 micrometers (para. 0085-0086) or 1 to 200 micrometers (para. 0021; 0075), a resistance of the heating film is in a range of 0.5 Ohms to 2 Ohms (para. 0022; 0075), and a resistivity of the heating film is not greater than 0.06×10-6 Ωm (Example of para. 0085, heating film thickness = 10 µm, length of heating film = 9.9mm, width of heating film = 5.49mm, ρ=R (A/L), where R is resistance, A = cross-sectional area and L is length, if R = 0.1Ω, then ρ = 5.55 x 10-6 Ωm, if R = 10Ω, then ρ = 5.55 x 10-9 Ωm).
SHI fails to disclose wherein the thickness of the heating film is in a range of 200 nanometers to 5 micrometers.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed thickness of the heating film, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Regarding claim 19, SHI teaches the heating element of claim 1, wherein the heating film is made of a nickel-chromium alloy, a nickel-chromium-iron alloy, an iron-chromium-aluminum alloy, nickel, platinum, or titanium (para. 0023; 0075), and a thickness of the heating film is in a range of 5 micrometers to 100 micrometers (example, 10µm; para. 0085-0086).
Regarding claim 20, SHI teaches the heating element of claim 1, wherein the heating film has a shape of a sheet, a grid, and a strip (para. 0074).
Regarding claim 22, SHI teaches a vaporization component (1), comprising: a liquid storage cavity (32), configured to store a liquid aerosol-forming medium (para. 0069-0070; 0076); and a heating element (20, 20a-20d), comprising: a dense substrate (21, 21a-21d), comprising a first surface and a second surface opposite to the first surface (as shown in Fig. 2 and 11-14), wherein a plurality of micro-pores (25, 25a-25d) are arranged in the dense substrate and in communication with the liquid storage cavity (para. 0076; as shown in Fig. 2 and 11-14), the micro-pores are through holes (as shown in Fig. 2 and 11-14), and each of the micro-pores is configured to guide the aerosol-forming medium to the first surface (para. 0076); and a heating film (22, 22a-22d), formed on the first surface (as shown in Fig. 2 and 11-14), wherein a ratio of a thickness of the dense substrate to a pore size of the micro-pore is 100:1 or 150:1 or any other ratio having a pore size of 1µm-200µm and a thickness of the substrate of 1000µm or 1500µm (para. 0085-0086; 0076).
SHI fails to explicitly disclose wherein a ratio of a thickness of the dense substrate to a pore size of the micro-pore is in a range of 20:1-3:1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed ratio of a thickness of the dense substrate to a pore size of the micro-pore, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Regarding claim 23, SHI teaches the vaporization component of claim 22, further comprising a loose substrate (24) arranged on the second surface of the dense substrate of the heating element (as shown in Fig. 2, 12 and 14).
Regarding claim 24, SHI teaches the vaporization component of claim 23, wherein the loose substrate is made of a porous ceramic, a sponge, a foam, or a fiber layer (para. 0082).
Regarding claim 25, SHI teaches an electronic vaporization device (Fig. 1), comprising: a vaporization component (1), having: a liquid storage cavity (32), configured to store a liquid aerosol-forming medium (para. 0069-0070; 0076); and a heating element (20, 20a-20d), comprising: a dense substrate (21,21a-21d), comprising a first surface and a second surface opposite to the first surface (as shown in Fig. 2 and 11-14), wherein a plurality of micro-pores (25, 25a-25d) are arranged in the dense substrate and in communication with the liquid storage cavity (para. 0076; as shown in Fig. 2 and 11-14), the micro-pores are through holes (as shown in Fig. 2 and 11-14), and each of the micro-pores is configured to guide the aerosol-forming medium to the first surface (para. 0076); and a heating film (22, 22a-22d), formed on the first surface (as shown in Fig. 2 and 11-14), wherein a ratio of a thickness of the dense substrate to a pore size of the micro-pore is 100:1 or 150:1 or any other ratio having a pore size of 1µm-200µm and a thickness of the substrate of 1000µm or 1500µm (para. 0085-0086; 0076), and a power supply component (2 comprising battery 202), electrically connected to the heating element (para. 0069; 0071; 0075; as shown in Fig. 2 and 11-14).
SHI fails to explicitly disclose wherein a ratio of a thickness of the dense substrate to a pore size of the micro-pore is in a range of 20:1-3:1.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed ratio of a thickness of the dense substrate to a pore size of the micro-pore, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over SHI in view of Davis (US 2021/0307383).
Regarding claim 21, SHI teaches the heating element of claim 1, further comprising a protective film (23, 23b, 23d) arranged on a surface of the heating film away from the dense substrate (as shown in Fig. 2, 12 and 14).
SHI fails to disclose wherein the protective film being made a stainless steel, a nickel-chromium-iron alloy, or a nickel-based corrosion-resistant alloy.
Davis teaches a heating element comprising a protective film made a stainless steel, a nickel-chromium-iron alloy, or a nickel-based corrosion-resistant alloy (para. 0234).
Therefore, it would have it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the protective film of SHI, with Davis, by providing a nickel-based protective film, to avoid corrosion of the heating element/film.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over SHI in view of Reevell (US 2021/0378309).
Regarding claim 26, SHI teaches the electronic vaporization device of claim 25, wherein the power supply component comprises a battery (para. 0071).
SHI fails to disclose wherein a voltage of the battery is in a range of 2.5 volts to 4.4 volts, and a power of the electronic vaporization device is in a range of 6 watts to 8.5 watts.
Reevell teaches an electronic vaporization device (100) comprising a battery (120), wherein a voltage of the battery is in a range of 2.5 volts to 4.4 volts (para. 0095), and a power of the electronic vaporization device is in a range of 15 watts to 50 watts.
SHI and Reevell combined fail to disclose wherein the power of the electronic vaporization device is in a range of 6 watts to 8.5 watts.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed power range, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2021/0345670, US 2020/0214361, WO 2020/099504 and WO 2020/087516.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBA T ROSARIO-APONTE whose telephone number is (571)272-9325. The examiner can normally be reached M to F; 8am-5pm.
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/ALBA T ROSARIO-APONTE/Examiner, Art Unit 3761 01/07/2025
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761