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 .
Election/Restrictions
Applicant’s election without traverse of Species-(c) (claims 1-4, 6-7, 9-12, and 14-15) in the reply filed on 11-6-25 is acknowledged. Claims 5, 8, 13, and 16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species (i.e. Species (a), (b), (d), and/or (e)).
Information Disclosure Statement
The information disclosure statements filed 1-22-25 and 3-17-25 fail to comply with the provisions of 37 CFR 1.98(a)(4) because such lack the appropriate size fee assertion. It is noted that the two references referred to therein have been considered as to the merits (see attached Notice of References Cited). Specifically, the examiner found the references while conducting a prior art search – both references have been made of record in this Office actions for reasons discussed below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly
claiming the subject matter which the applicant regards as his invention.
Claim(s) 6-7, 9-12, and 14-15 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 is considered to be indefinite in that “the porosity” (both recitations in Lns1-2) lacks antecedent basis given that not all ceramics have a porosity. Also, see the same in claims 7 and 14-15. Claim 9 is considered to be indefinite in that “the porosity” (both recitations in Ln8) lacks antecedent basis given that not all ceramics have a porosity.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 7, 9-12, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li (CN 115316707).
Claim 1: Li teaches an atomization core (pg4 Ln36) comprising a core body having the following:
●a central channel (Fig1 Fig2)
●generally cylindrical, ceramic first layer 2 having an outer diameter and an inner
diameter (pg4 Lns36-40; Fig1 Fig2),
●generally cylindrical, ceramic second layer 1 having an outer diameter and an inner
diameter (pg4 Lns36-40; Fig1 Fig2).
The central channel extends through first layer 2 and second layer 1 (Fig1 Fig2).
First layer 2, second layer 1, and the central channel are aligned about a central axis (pg3 Lns12-18; Fig2).
The inner diameter of second layer 1 is about equal to the outer diameter of first layer 2.
See Figure 2 of Li below and annotated:
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Other locations within reference may be included in the above recited locations (paragraphs, drawing, abstract, claims) to demonstrate further the features in the reference as claimed in the instant claims.
Claim 2: Li teaches that the atomization core of claim 1 further comprises heating wire 3 (heating wire 3 is a heating element) embedded in the core body (embedding heating wire 3 with first layer 2 using a molding process: pg5 Lns27-31). Heating wire 3 is spirally arranged about the central channel (Fig1 Fig2).
Claim 3: Li teaches the atomization core of claim 1 wherein the core body comprises a microporous ceramic in that first layer 2 and second layer 1 are each microporous ceramic. First layer 2 has pores with a pore diameter of 10-30 micrometers. Second layer 1 has pores with a pore diameter of 50-100 micrometer (pg5 Lns17-21).
Claim 4: Li teaches the atomization core of claim 1 wherein the core body comprises a generally cylindrical core body (pg4 Lns36-40).
Claim 7: Li teaches the atomization core of claim 1 wherein the porosity of first layer 2 is lesser than the porosity of second layer 1 (pg2 Lns16-25).
Claim 9: Li teaches an atomization core (pg4 Ln36) comprising a core body having the following:
●a central channel (Fig1 Fig2)
●generally cylindrical, ceramic first layer 2 having an outer diameter and an inner
diameter (pg4 Lns36-40; Fig1 Fig2),
●generally cylindrical, ceramic second layer 1 having an outer diameter and an inner
diameter (pg4 Lns36-40; Fig1 Fig2).
The central channel extends through first layer 2 and second layer 1 (Fig1 Fig2).
First layer 2, second layer 1, and the central channel are aligned about a central axis (pg3 Lns12-18; Fig2).
The porosity of one of first layer 2 and second layer 1 is greater than the porosity of the other second layer 1 or first layer 2 in that Li teaches that the porosity of first layer 2 is lesser than the porosity of second layer 1 (i.e. the porosity of second layer 1 is greater than the porosity of first layer 2) (pg2 Lns16-25).
The inner diameter of second layer 1 is about equal to the outer diameter of first layer 2.
See Figure 2 of Li below and annotated:
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Other locations within reference may be included in the above recited locations (paragraphs, drawing, abstract, claims) to demonstrate further the features in the reference as claimed in the instant claims.
Claim 10: Li teaches that the atomization core of claim 9 further comprises heating wire 3 (heating wire 3 is a heating element) embedded in the core body (embedding heating wire 3 with first layer 2 using a molding process: pg5 Lns27-31). Heating wire 3 is spirally arranged about the central channel (Fig1 Fig2).
Claim 11: Li teaches the atomization core of claim 9 wherein the core body comprises a microporous ceramic in that first layer 2 and second layer 1 are each microporous ceramic. First layer 2 has pores with a pore diameter of 10-30 micrometers. Second layer 1 has pores with a pore diameter of 50-100 micrometer (pg5 Lns17-21).
Claim 12: Li teaches the atomization core of claim 9 wherein the core body comprises a generally cylindrical core body (pg4 Lns36-40).
Claim 15: Li teaches the atomization core of claim 9 wherein the porosity of first layer 2 is lesser than the porosity of second layer 1 (pg2 Lns16-25).
Prior Art of Record
The following prior art is made of record as being pertinent to Applicant’s invention: Schlaegel (US 2022/0338538) teaches a vaporizer having a coiled heating element and air ducts which allow air to flow through a channel through the vaporizer. Wang teaches an atomizer core.
Allowable Subject Matter
Claims 6 and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter. Claims 6 and 14, the closest prior art of record to Li, alone or in combination with the other prior art of record, does not teach or fairly suggest the particularly claimed atomization core wherein the porosity of the ceramic first layer is greater than the porosity of the ceramic second layer. Li specifically requires that the porosity of first layer is lesser than the porosity of second layer (pg2 Lns16-25; pg2 last-paragraph; pg5 Lns13-16).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDA GRAY whose telephone number is (571) 272-5778. The examiner can normally be reached Monday - Friday, 9 AM to 5:30 PM.
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/LINDA L GRAY/Primary Examiner, Art Unit 1745