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 .
Priority
The claim to priority as a CIP of PCT/CN2021/128851, filed on November 5, 2021, which claims benefit to CN 202011459965.9, filed on December 11, 2020 is acknowledged in the instant application.
Information Disclosure Statement
The Information Disclosure Statement filed on June 12, 2023 has been considered by the Examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “power supply device” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 12-16 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 12 recites the limitation "the microporous structure” in line 2. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1-2, 7-8 and 10-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deng (US Pub. 2020/0359704) (new cited).
Regarding claim 1, Deng discloses a microporous ceramic thick-film heating element for electronic cigarette oil atomizing core, and manufacturing thereof comprising: a porous substrate (11) having an atomizing surface for heating and atomizing an aerosol forming substrate provided on the surface of at least one side of the porous substrate (11), wherein the porous substrate (11) is a microporous structure for absorbing the aerosol-forming substrate and infiltrating the absorbed-forming substrate into the atomizing surface; a heating layer (13) covered on the atomizing surface, wherein the heating layer is a porous film layer with a microporous structure, the heating layer (13) is configured for heating the aerosol-forming substrate on the atomizing surface to atomize the aerosol-forming substrate into smoke; and electrodes (12) on the surface of one side of the porous substrate (11) having the atomizing surface and configured for electrically connecting the heating layer (13) to a power supply device, wherein the electrodes (12) are formed on the porous substrate (11) through a thick film process, the heating layer (13) is electrically connected to the electrodes (12) (Fig. 4-7; Abstract; Par. 40, 51, 53 and 65-69).
Regarding claim 2, Deng discloses the porous substrate (11) is a porous ceramic member (Fig. 4; Par. 51).
Regarding claim 7, Deng discloses the heating layer (13) comprises a right angle on the atomizing surface (11), and one side of the right angle coincides with the electrode (12) (Fig. 4-6).
Regarding claim 7, Deng discloses the electrodes (12) include two electrodes respectively located at two opposite ends of the heating layer (13), the electrodes are formed on the surface of one side of the porous substrate (11) having the atomizing surface (Fig. 46).
Regarding claim 10, Deng discloses an atomizer comprising the atomizing core as claimed in claim 1 (Fig. 4-6).
Regarding claim 11, Deng discloses an aerosol generating device comprising the atomizer as claimed in claim 10.
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.
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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deng (US Pub. 2020/0359704) in view of Du (CN 210630649) (new cited).
Regarding claim 3, Deng discloses substantially all features of the claimed invention as set forth above including the heating layer (13) is a silver-palladium deposit on the atomizing surface (via 11) (Fig. 6; Par. 34-35, 53 and 71) except the heating layer is a platinum layer. Deng discloses the heating layer (4) is a platinum layer (Par. 13, 35 and 40). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Deng, the heating layer is a platinum layer, as taught by Deng, for the purpose of suitable to the user application to select platinum because the platinum layer does not undergo oxidative degradation or other corrosion.
Claim(s) 4-6 and 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deng (US Pub. 2020/0359704) in view of Li et al. (EP 3850967) (new cited).
Regarding claim 4-6, Deng discloses substantially all features of the claimed invention as set forth above including the heating layer (13) is wet film comprises of mixed silver-palladium metallic power and the adhesive aid (Abstract; Par. 34-35, 53 and 71) except a metal adhesion layer configured for combining the heating layer to the atomizing surface is provided between the atomizing surface and the heating layer, the metal adhesion layer is a porous film layer with a microporous structure; wherein the metal adhesion layer is a titanium layer deposited on the atomizing surface, the metal adhesion layer is deposited on the atomizing surface through a magnetron sputtering process; and wherein the heating layer is deposited on one surface of the metal adhesion layer away from the atomizing surface through a magnetron sputtering process. Li et al. discloses a metal adhesion layer (44) configured for combining the heating layer (46) to the atomizing surface (42) is provided between the atomizing surface (42) and the heating layer (46), the metal adhesion layer (42) is a porous film layer with a microporous structure; wherein the metal adhesion layer (44) is a titanium layer deposited on the atomizing surface (42), the metal adhesion layer (44) is deposited on the atomizing surface (42) through a magnetron sputtering process; and wherein the heating layer (46) is deposited on one surface of the metal adhesion layer (44) away from the atomizing surface (42) through a magnetron sputtering process (Fig. 4; Par. 52 and 55-56). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Deng, a metal adhesion layer configured for combining the heating layer to the atomizing surface is provided between the atomizing surface and the heating layer, the metal adhesion layer is a porous film layer with a microporous structure; wherein the metal adhesion layer is a titanium layer deposited on the atomizing surface, the metal adhesion layer is deposited on the atomizing surface through a magnetron sputtering process; and wherein the heating layer is deposited on one surface of the metal adhesion layer away from the atomizing surface through a magnetron sputtering process, as taught by Li et al., for the purpose of using the metal adhesion such as titanium can react with the ceramic interface to form strong chemical bonds to improve adhesion of the membrane.
Regarding claim 12, Deng discloses a microporous ceramic thick-film heating element for electronic cigarette oil atomizing core, and manufacturing thereof comprising the following steps: electrode production: a conductive slurry is enabled to flow into a microporous structure of a porous substrate (11) through a thick film process, and the porous substrate (11) with the conductive slurry is sintered at high temperature to form electrodes (12) on the surface of one side of the porous substrate having an atomizing surface; and heating layer production: a metal film to form a hating layer (13) that can be energized and generate heat on the atomizing surface of the porous substrate, the heating layer (13) is electrically connected to the electrodes (12) (Fig. 4-6; Par. 63-68). Deng does not disclose the step of metal adhesion layer production: a first metal film is deposited on the atomizing surface of the porous substrate through a thin film process to form a metal adhesion layer on the atomizing surface of the porous substrate; and the heating layer/second thin film is deposited on the first metal film. Li et al. discloses the step of metal adhesion layer production: a first metal film (44) is deposited on the atomizing surface of the porous substrate (42) through a thin film process to form a metal adhesion layer on the atomizing surface (via 42) of the porous substrate (42); and the heating layer/second thin film (46) is deposited on the first metal film (44) (Fig. 4; Par. 52 and 55-56). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Deng, disclose the step of metal adhesion layer production: a first metal film is deposited on the atomizing surface of the porous substrate through a thin film process to form a metal adhesion layer on the atomizing surface of the porous substrate; and the heating layer/second thin film is deposited on the first metal film, as taught by Li et al., for the purpose of using the metal adhesion such as titanium can react with the ceramic interface to form strong chemical bonds to improve adhesion of the membrane.
Regarding claim 13, Deng discloses in the electrode production, an inflow depth of the conductive slurry is 10 mµ to 100 µm (Par. 63, “thickness of 18-19 µM”).
Regarding claim 14, Deng/Li disclose substantially all features of the claimed invention as set forth above including from Deng, in the electrode production: the porous substrate (11) with the conductive slurry is sintered at a temperature of 180° C, the sintering time is control in the range of 5 minutes to 50 minutes (Par. 63, “baking time of 180° C for a baking time of 12 minutes”) except at a temperature of 450° C to 850° C. In this case, Deng discloses the temperature of 180° C compared to 450° C to 850° C, and having a specific temperature of 450° C to 850° C is not inventive according to the courts. Varying the sintering temperature is recognized as a result-effective variable which is result of a routine experimentation. In this case varying the sintering temperature of 450° C to 850° C in order to have strong bond between the porous substrate and the conductive slurry.
Regarding claim 15, Li et al. discloses wherein in the step of metal adhesion layer production, the thickness of the first metal film (46) is 0.5 µm to 5 µm (Fig. 4; Par. 57) except the thickness of metal film is 0.005 µm to 0.1 µm. In this case, Li discloses the thickness of the first metal film (46) is 0.5 µm to 5 µm compared to 0.005 µm to 0.1 µm, and having a specific thickness of 0.005 µm to 0.1 µm is not inventive according to the courts. Varying the thickness of 0.005 µm to 0.1 µm is recognized as a result-effective variable which is result of a routine experimentation. In this case varying the thickness of 0.005 µm to 0.1 µm in order to have certain thickness to heat the porous substrate by the heating layer efficiency.
Regarding claim 16, Li et al. discloses in the step of heating layer production, the thick ness of the second film (146) is 0.2 µm to 1 µm (Fig. 4; Par. 65 “0.1 µm to 1 µm”).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deng (US Pub. 2020/0359704) in view of He et al. (CN 11109666) (cited by Applicant).
Regarding claim 9, Deng discloses substantially all features of the claimed invention as set forth above including the electrodes (12) are arranged in pair and spaced apart, and the two electrodes respectively protrude from the surface of one side of the porous substrate (11) except a recess is formed between the electrodes, wherein the bottom surface of the recess forms the atomizing surface, and the atomizing surface is rectangular. He et al. discloses a recess (groove 16) is formed between the electrodes (23, 24), wherein the bottom surface of the recess forms the atomizing surface, and the atomizing surface is rectangular (Fig. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize in Deng, a recess is formed between the electrodes, wherein the bottom surface of the recess forms the atomizing surface (12), and the atomizing surface is rectangular, as taught by He et al., for the purpose of enhancing the binding between the porous ceramic base body and the heating body, and assure the stability of the atomization process.
Conclusion
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/HUNG D NGUYEN/Primary Examiner, Art Unit 3761
HUNG D. NGUYEN
Primary Examiner
Art Unit 3761