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 .
Status of the Claims
Claims 1-17 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Peng (CN 111802707 A, English Translation) in view of Yu (CN 205355787 U, cited on the IDS dated 7/28/2023, English Translation).
Regarding Claims 1-2, Peng, directed to electronic cigarettes ([0002]), teaches an electronic vaporization device ([0037]-[0039], Figs. 1-2; Electronic cigarette 10 is configured to vaporize an oil), comprising
a battery ([0049], Figs. 1-2; Electronic cigarette 10 also includes a power supply module (not shown)),
a storage unit used for storing liquid ([0037]-[0038], Figs. 1-2; Electronic cigarette 10 comprises an oil cup assembly 300. Oil cup assembly 300 includes an oil cup body 310 form a receiving cavity 312 (storage unit) used for storing oil (liquid)), and
a heating element used for heating the liquid ([0037]-[0038], Figs. 1-2; Electronic cigarette 10 comprises an oil cup assembly 300. Oil cup assembly 300 includes heating element 320 for heating the oil (liquid). [0048], Figs. 3-4; Heating element 320 comprises a heating plate 322, a heating coil 324 (reading on the claimed heating element), and a thermistor 328); and further comprising:
a thermistor, provided close to the heating element, heat of the heating element being able to be transferred to the thermistor, resulting in a change in a resistance value of the thermistor ([0048], Figs. 3-4; Heating element 320 comprises a thermistor 328 provided in the mounting hole 322b of heating plate 322. Thermistor 328 is provided close to a heating coil 324 (reading on the claimed heating element), such that the heat of heating coil 324 is transferred through heating plate 322 to thermistor 328. As the thermistor 328 may be an NTC temperature sensor, it is reasonably understood that a temperature change would result in a change in a resistance value of the thermistor), and
the thermistor being electrically connected with the heating element and the battery to form an electrical circuit ([0049], Figs. 1-2; Electronic cigarette 10 also includes a control module (not shown) and a power supply module (not shown). The control module is electrically connected to the power supply module and the thermistor 328, respectively. The power supply module is electrically connected to the heating coil 324. The thermistor 328 feeds back a sensing signal to the control module, which then controls the power supply module to maintain a constant current supply to the heating coil 324 to ensure that the heating plate 322 is kept at the optimal temperature for e-liquid atomization); and
a control module, configured to acquire a starting signal to conduct electrical connection of the electrical circuit ([0049], Figs. 1-2; Electronic cigarette 10 also includes a control module (not shown) and a power supply module (not shown). The control module is electrically connected to the power supply module and the thermistor 328, respectively. The power supply module is electrically connected to the heating coil 324. The control module is used to control the current passing through the heating coil 324. The thermistor 328 feeds back a sensing signal to the control module, which then controls the power supply module to maintain a constant current supply to the heating coil 324 to ensure that the heating plate 322 is kept at the optimal temperature for e-liquid atomization);
but does not teach the device wherein the electrical circuit being configured in such a way that during conduction, the change in the resistance value of the thermistor reduces a current flowing through the heating element, wherein the thermistor is a positive temperature coefficient thermistor, and the positive temperature coefficient thermistor is connected with the heating element in series.
Yu, directed to electronic cigarettes ([0002]) and overtemperature protection systems ([0010]), teaches an electronic vaporization device ([0010], Figs. 1-2; this utility model provides a kind of nebulizer (electronic vaporization device) with overtemperature protection system, and nebulizer includes heater, and supply module described in described heater and is connected in series, and forms atomization current supply circuit) comprising:
a battery and a control module ([0034] Figs. 1-2; As shown in Figure 2; the nebulizer with overtemperature protection system is arranged at the inside of the housing of electronic cigarette; supply module 200 includes battery 400 and control circuit 500),
a heating element used for heating a liquid ([0028], Figs. 1-2; Nebulizer includes heater 100 and ree-oil storage member (not shown), and the heat after heater 100 heating is transferred to ree-oil storage member, and the ree-oil in ree-oil storaging piece is heated and evaporates atomization formation aerosol);
a thermistor, wherein heat of the heating element being able to be transferred to the thermistor, resulting in a change in a resistance value of the thermistor ([0029], Overtemperature protection system is the PTC thermistor 300 being series in atomization current supply circuit. [0030], Along with the rising of PTC thermistor 300 body temperature, and temperature is higher, and resistance value is higher), and
the thermistor being electrically connected with the heating element and the battery to form an electrical circuit ([0034], Fig. 2; As shown in Figure 2; Supply module 200 includes battery 400 and control circuit 500; two energization input of control circuit 500 are connected with the positive pole of battery 400 and negative pole respectively, and two power supply outfans of control circuit 500 are connected with PTC thermistor 300 and heater 100 respectively);
the electrical circuit being configured in such a way that during conduction, the change in the resistance value of the thermistor reduces a current flowing through the heating element ([0030], Figs. 1-2; When the power-on time of atomization current supply circuit constantly raises, the temperature of heater 100 can constantly raise. When the temperature of PTC thermistor 300 is increased to Curie temperature, the resistance step evolution of PTC thermistor 300 increases by more than 1000 times, and when being atomized current supply circuit voltage and being certain, the electric current in atomization current supply circuit is promptly reduced to close to 0 ampere, now, heater 100 quits work),
wherein the thermistor is a positive temperature coefficient thermistor, and the positive temperature coefficient thermistor is connected with the heating element in series ([0029]-[0030], Figs. 1-2; Heater 100 and a supply module 200 are connected in series, and form atomization current supply circuit. Over temperature protection system is the PTC thermistor 300 being series in atomization current supply circuit. PTC is Positive Temperature Coefficient).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Peng wherein the electrical circuit being configured in such a way that during conduction, the change in the resistance value of the thermistor reduces a current flowing through the heating element, wherein the thermistor is a positive temperature coefficient thermistor, and the positive temperature coefficient thermistor is connected with the heating element in series because Peng and Yu are directed to electronic cigarettes, Peng states that the thermistor can optionally be an NTC thermistor (Peng, [0048]), Yu demonstrates that electrically connecting a PTC thermistor in series with a heating element allows an increase in the resistance value of the thermistor to reduce the current flowing through the heating element to protect the device from overheating (Yu, [0010], [0030]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 3, Peng in view of Yu teaches the electronic vaporization device according to claim 2. Peng further teaches the device wherein the control module is provided with a first electrical connection terminal, a second electrical connection terminal and an output terminal; and the first electrical connection terminal is electrically connected with a positive electrode of the battery, the output terminal is electrically connected with one end of the heating element, another end of the heating element is electrically connected with the second electrical connection terminal and one end of the thermistor, and another end of the thermistor is electrically connected with a negative electrode of the battery ([0049], The control module is electrically connected to the power supply module and the thermistor 328, respectively. The power supply module is electrically connected to the heating coil 324. The control module is used to control the current passing through the heating coil 324. Peng states that the power supply module is connected to the control module, so the control module must comprise a first electrical connection terminal is electrically connected with a positive electrode of the battery because power flows from positive to negative. Peng states that the control module controls heating coil 324, so the control module must comprise an output terminal that is connected to the heater to send current to heating coil 324. A thermistor is present which is used to determine the temperature of the heater; therefore, the thermistor 328 should be positioned after heating coil 324 to determine the temperature after the heater is heated. In such a configuration, one end of the heating coil 324 would be connected to the output terminal and another end would be connected to one end the thermistor. Peng states that the control module is electrically connected to the thermistor; therefore, the control module must comprise a second electrical connection terminal connected directly or indirectly with the heating coil 324 and the thermistor 328. Further, the thermistor 328 should be connected to the negative electrode of the battery to complete the circuit).
Regarding Claim 6, Peng in view of Yu teaches the electronic vaporization device according to claim 1. Peng further teaches the device further comprising a spacer, configured to maintain a preset distance between the thermistor and the heating element ([0048], Figs. 3-4; Heating element 320 comprises a heating plate 322, a heating coil 324 (reading on the claimed heating element), and a thermistor 328. Heating plate 322 behaves as a spacer configured to configured to maintain a preset distance between thermistor 328 and heating coil 324).
Regarding Claim 7, Peng in view of Yu teaches the electronic vaporization device according to claim 1. Peng further teaches the device further comprising a base body, the thermistor being provided on the base body ([0048], Figs. 3-4; Heating element 320 comprises a heating plate 322, a heating coil 324 (reading on the claimed heating element), and a thermistor 328. Thermistor 328 is provided on heating plate 322 (base body)).
Regarding Claim 8, Peng in view of Yu teaches the electronic vaporization device according to claim 7. Peng further teaches the device wherein the base body is provided with a first face and a second face opposite to the first face; and the thermistor is provided on the first face, and the first face is provided facing the heating element ([0048], Figs. 3; Heating plate 322 (base body) is provided with a first face (facing upwards as shown in Fig. 3), and second face (facing downwards as shown in Fig. 3) opposite to the first face. Thermistor 328 is provided on the first face, and the first face faces heating coil 324 (heating element)).
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Peng (CN 111802707 A, English Translation) in view of Xiang (WO 2016/115689 A1, English Translation).
Regarding Claims 1-2, Peng, directed to electronic cigarettes ([0002]), teaches an electronic vaporization device ([0037]-[0039], Figs. 1-2; Electronic cigarette 10 is configured to vaporize an oil), comprising
a battery ([0049], Figs. 1-2; Electronic cigarette 10 also includes a power supply module (not shown)),
a storage unit used for storing liquid ([0037]-[0038], Figs. 1-2; Electronic cigarette 10 comprises an oil cup assembly 300. Oil cup assembly 300 includes an oil cup body 310 form a receiving cavity 312 (storage unit) used for storing oil (liquid)), and
a heating element used for heating the liquid ([0037]-[0038], Figs. 1-3; Electronic cigarette 10 comprises an oil cup assembly 300. Oil cup assembly 300 includes heating element 320 for heating the oil (liquid). [0048], Figs. 3-4; Heating element 320 comprises a heating plate 322, a heating coil 324 (reading on the claimed heating element), and a thermistor 328); and further comprising:
a thermistor, provided close to the heating element, heat of the heating element being able to be transferred to the thermistor, resulting in a change in a resistance value of the thermistor ([0048], Figs. 3-4; Heating element 320 comprises a thermistor 328 provided in the mounting hole 322b of heating plate 322. Thermistor 328 is provided close to a heating coil 324 (reading on the claimed heating element), such that the heat of heating coil 324 is transferred through heating plate 322 to thermistor 328. As the thermistor 328 may be an NTC temperature sensor, it is reasonably understood that a temperature change would result in a change in a resistance value of the thermistor), and
the thermistor being electrically connected with the heating element and the battery to form an electrical circuit ([0049], Figs. 1-2; Electronic cigarette 10 also includes a control module (not shown) and a power supply module (not shown). The control module is electrically connected to the power supply module and the thermistor 328, respectively. The power supply module is electrically connected to the heating coil 324. The thermistor 328 feeds back a sensing signal to the control module, which then controls the power supply module to maintain a constant current supply to the heating coil 324 to ensure that the heating plate 322 is kept at the optimal temperature for e-liquid atomization); and
a control module, configured to acquire a starting signal to conduct electrical connection of the electrical circuit ([0049], Figs. 1-2; Electronic cigarette 10 also includes a control module (not shown) and a power supply module (not shown). The control module is electrically connected to the power supply module and the thermistor 328, respectively. The power supply module is electrically connected to the heating coil 324. The control module is used to control the current passing through the heating coil 324. The thermistor 328 feeds back a sensing signal to the control module, which then controls the power supply module to maintain a constant current supply to the heating coil 324 to ensure that the heating plate 322 is kept at the optimal temperature for e-liquid atomization);
wherein the thermistor is a negative temperature coefficient thermistor ([0048], Figs. 3-4; The thermistor 328 may be an NTC temperature sensor),
but does not teach the device wherein the electrical circuit being configured in such a way that during conduction, the change in the resistance value of the thermistor reduces a current flowing through the heating element, and the negative temperature coefficient thermistor is connected with the heating element in parallel.
Xiang, directed to electronic cigarettes ([0002]) and overtemperature protection systems ([0006]-[0008], The temperature sensing circuit and switching circuit cooperate to prevent the atomizer heating wire from overheating), teaches an electronic vaporization device ([0006], Embodiments of the present invention provide a switching circuit for an electronic cigarette.) comprising:
a battery and a control module ([0006]-[0009], Embodiments of the present invention provide a switching circuit for an electronic cigarette. The switching circuit includes: a temperature detection circuit disposed in the atomizer of the electronic cigarette, and a switching circuit connected to the temperature detection circuit and the heating wire of the atomizer. The temperature detection circuit is used to detect and acquire the temperature value of the heating wire of the atomizer, and based on the temperature value, generate a control signal for controlling the switching circuit. The switching circuit is used to receive the control signal; when the atomizer heating wire overheats, the switching circuit changes the equivalent resistance of the atomizer heating wire to reduce the power supply current from the electronic cigarette's battery rod to the atomizer heating wire, or to make the battery rod intermittently. The switching circuit is a control module),
a heating element used for heating a liquid ([0006]-[0009], the atomizer heating wire);
a thermistor, wherein heat of the heating element being able to be transferred to the thermistor, resulting in a change in a resistance value of the thermistor ([0032]-[0034], the temperature detection circuit uses a thermistor for temperature detection. The thermistor is used to detect and obtain the temperature value of the heating wire of the atomizer. The resistance value of the thermistor is directly proportional to or inversely proportional to the temperature value of the heating wire of the atomizer), and
the thermistor being electrically connected with the heating element and the battery to form an electrical circuit ([0033], A thermistor and a voltage divider resistor are connected in parallel with the heating wire of the atomizer. [0006]-[0009], The battery rod, the switching circuit, the heating wire and the temperature detection circuit, are all electrically connected with each other);
the electrical circuit being configured in such a way that during conduction, the change in the resistance value of the thermistor reduces a current flowing through the heating element ([0006]-[0009], Embodiments of the present invention provide a switching circuit for an electronic cigarette. The switching circuit includes: a temperature detection circuit disposed in the atomizer of the electronic cigarette, and a switching circuit connected to the temperature detection circuit and the heating wire of the atomizer. The temperature detection circuit is used to detect and acquire the temperature value of the heating wire of the atomizer, and based on the temperature value, generate a control signal for controlling the switching circuit. The switching circuit is used to receive the control signal; when the atomizer heating wire overheats, the switching circuit changes the equivalent resistance of the atomizer heating wire to reduce the power supply current from the electronic cigarette's battery rod to the atomizer heating wire, or to make the battery rod intermittently),
the thermistor is a negative temperature coefficient thermistor, and the negative temperature coefficient thermistor is connected with the heating element in parallel ([0033], [0088], Fig. 7; A thermistor and a voltage divider resistor are connected in parallel with the heating wire of the atomizer. In Fig. 7, R15 is an NTC Thermistor connected in parallel with R2 (atomizer heating wire)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Peng wherein the electrical circuit being configured in such a way that during conduction, the change in the resistance value of the thermistor reduces a current flowing through the heating element, and the negative temperature coefficient thermistor is connected with the heating element in parallel because Peng and Xiang are directed to electronic cigarettes, Peng states that the thermistor can be an NTC thermistor, Xiang demonstrates that electrically connecting a NTC thermistor in parallel with a heating element allows an increase in the resistance value of the thermistor to reduce the current flowing through the heating element to protect the device from overheating (Xiang, [0006]-[0009]), and this involves combining prior art elements according to known methods to yield predictable results.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Peng (CN 111802707 A, English Translation) in view of Yu (CN 205355787 U, cited on the IDS dated 7/28/2023, English Translation) as applied to Claim 2, and further in view of Durth (US 2013/0063845 A1).
Regarding Claim 4, Peng in view of Yu teaches the electronic vaporization device according to claim 2. Peng further teaches the device wherein the positive temperature coefficient thermistor has a zero power room temperature resistance value of between 50 milliohms and 150 milliohms; or between 50 milliohms and 120 milliohms; or between 50 milliohms and 100 milliohms; or between 50 milliohms and 80 milliohms; or between 60 milliohms and 80 milliohms.
Durth, directed to overtemperature protection systems ([0008]-[0012], Fig. 1; Overvoltage protection equipment 1 prevents too much voltage from passing from first connection A1 and the second connection A2. One of ordinary skill in the art would understand that high voltage can cause an element to overheat), teaches an overtemperature protection system ([0008]-[0012], Fig. 1; Overvoltage protection equipment 1) comprising
a positive temperature coefficient thermistor having a zero power room temperature resistance value of between 50 milliohms and 150 milliohms; or between 50 milliohms and 120 milliohms; or between 50 milliohms and 100 milliohms; or between 50 milliohms and 80 milliohms; or between 60 milliohms and 80 milliohms ([0012], the thermistor T can be designed as positive temperature coefficient (PTC), without being limited to a specific type of design, such as a ceramic or conductive polymer, for example. However, other thermistors can be used alternatively. Especially preferred are thermistors T, which exhibit a resistance in the cold state of less than 1 ohm, for example less than 500 milliohms).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Peng in view of Yu wherein the positive temperature coefficient thermistor has a zero power room temperature resistance value of between 50 milliohms and 150 milliohms; or between 50 milliohms and 120 milliohms; or between 50 milliohms and 100 milliohms; or between 50 milliohms and 80 milliohms; or between 60 milliohms and 80 milliohms as taught by Durth because Yu and Durth are directed to overtemperature protection systems, Durth demonstrates that thermistors having a zero power room temperature resistance value less than 500 milliohms are preferred for overtemperature protection systems (Durth, [0012]), and this involves combining prior art elements according to known methods to yield predictable results.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Peng (CN 111802707 A, English Translation) in view of Xiang (WO 2016/115689 A1, English Translation) as applied to Claim 2, and further in view of Durth (US 2013/0063845 A1).
Regarding Claim 5, Peng in view of Xiang teaches the electronic vaporization device according to claim 2. Peng further teaches the device wherein the negative temperature coefficient thermistor has a zero power room temperature resistance value of between 5 milliohms and 25 milliohms; or between 7 milliohms and 25 milliohms; or between 8 milliohms and 25 milliohms; or between 10 milliohms and 25 milliohms; or between 12 milliohms and 20 milliohms.
Durth, directed to overtemperature protection systems ([0008]-[0012], Fig. 1; Overvoltage protection equipment 1 prevents too much voltage from passing from first connection A1 and the second connection A2. One of ordinary skill in the art would understand that high voltage can cause an element to overheat), teaches an overtemperature protection system ([0008]-[0012], Fig. 1; Overvoltage protection equipment 1) comprising
a thermistor having a zero power room temperature resistance value of between 50 milliohms and 150 milliohms; or between 50 milliohms and 120 milliohms; or between 50 milliohms and 100 milliohms; or between 50 milliohms and 80 milliohms; or between 60 milliohms and 80 milliohms ([0012], the thermistor T can be designed as positive temperature coefficient (PTC). However, other thermistors can be used alternatively. Especially preferred are thermistors T, which exhibit a resistance in the cold state of less than 1 ohm, for example less than 500 milliohms).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Peng in view of Xiang wherein the positive temperature coefficient thermistor has a zero power room temperature resistance value of between 50 milliohms and 150 milliohms; or between 50 milliohms and 120 milliohms; or between 50 milliohms and 100 milliohms; or between 50 milliohms and 80 milliohms; or between 60 milliohms and 80 milliohms as taught by Durth because Xiang and Durth are directed to overtemperature protection systems, Durth demonstrates that thermistors having a zero power room temperature resistance value less than 500 milliohms are preferred for overtemperature protection systems (Durth, [0012]), and this involves combining prior art elements according to known methods to yield predictable results.
The range for the zero power room temperature resistance value disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious. See MPEP § 2144.05 (I).
Claims 9-15 are rejected under 35 U.S.C. 103 as being unpatentable over Peng (CN 111802707 A, English Translation) in view of Yu (CN 205355787 U, cited on the IDS dated 7/28/2023, English Translation) as applied to Claim 7, and further in view of Ma (US 2023/0070240 A1).
Regarding Claim 9, Peng in view of Yu teaches the electronic vaporization device according to claim 7. Peng further teaches the device wherein the control module comprises an airflow sensor and a control chip, and the base body is provided between the heating element and the control module ([0049], [0066], Figs. 1-3; Electronic cigarette 10 includes a control module (not shown) electrically connected to thermistor 328; and a power supply module (not shown) electrically connected to the heating coil 324. The electrical connections to the power/control modules must occur through conductive post 600 located below heating coil 324 (heating element). Therefore, the control module is located below heating coil 324. [0067], As the heating coil 324 may be completely embedded in the heating plate 322 (base body), there are embodiments of Peng wherein the heating plate 322 (base body) is provided between the heating coil 324 (heating element) and the control module),
but does not teach the device wherein the control module comprises an airflow sensor and a control chip.
Ma, directed to electronic cigarettes ([0002]-[0003]), teaches a control module for an electronic cigarette ([0058], Fig. 4; Control circuit 1 (module)),
wherein the control module comprises an airflow sensor and a control chip ([0058], Fig. 4; Control circuit 1 comprises an airflow sensor 11, a capacitor 12, and a control chip 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Peng in view of Yu wherein the control module comprises an airflow sensor and a control chip as taught by Ma because Peng, Yu, and Ma are directed to electronic cigarettes, Ma demonstrates that a control module comprising an airflow sensor and a control chip can trigger device activation upon an initial inhalation (Ma, [0114]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 10, Peng in view of Yu and Ma teaches the electronic vaporization device according to claim 9. Peng further teaches the device wherein the base body is provided with an airflow hole to make an airflow flow through the airflow hole ([0048], Figs. 3-4; Heating plate 322 (base body) is provide with air guide holes 322a to make an airflow flow through the airflow hole).
Regarding Claim 11, Peng in view of Yu and Ma teaches the electronic vaporization device according to claim 7. Peng further teaches the device further comprising a holder, the base body being held on the holder ([0056]-[0057], Figs. 2-5; Oil cup body 310 includes an oil cup shell 310a and an annular extension 310b (holder). Heating unit 320 comprising heating plate 322 (base body) is held on the annular extension 310b (holder)).
Regarding Claim 12, Peng in view of Yu and Ma teaches the electronic vaporization device according to claim 11. Peng further teaches the device wherein the holder comprises a body and has a first end and a second end opposite to the first end; and the first end is provided close to the heating element, and the base body is held on the second end ([0056]-[0057], Figs. 2-5; Annular extension 310b (holder) comprises a body having a first lower end (facing down as shown in Fig. 2) and a second upper end (facing up as shown in Fig. 2) opposite to the first end. The first lower end is close to heating coil 324 as shown in Figs. 4-5. The second upper end holds the heating plate 322).
1
Regarding Claim 13, Peng in view of Yu and Ma teaches the electronic vaporization device according to claim 12. Peng further teaches the device wherein the body is provided with a through hole to enable the heat of the heating element to be transferred to the thermistor through the through hole ([0056]-[0057], Figs. 2-5; Due to its annular shape, annular extension 310b (holder body) is necessarily provided with a through hole as shown in Fig. 2. Heat from heating coil 324 is able to transfer to thermistor 328 through the through hole).
Regarding Claim 14, Peng in view of Yu and Ma teaches the electronic vaporization device according to claim 12. Peng further teaches the device wherein the holder further comprises a limiting part provided on the second end; and the limiting part is used for limiting the base body to move to hold the base body on the second end ([0056]-[0057], Figs. 2-5; Annular extension 310b (holder) has a second upper end (facing up as shown in Fig. 2). The horizontal surfaces above of the annular extension 310b can be regarded as a limiting part because they limit the movement of the heating unit 320 upward past the second upper end).
Regarding Claim 15, Peng in view of Yu and Ma teaches the electronic vaporization device according to claim 11. Peng further teaches the device further comprising a base used for holding the heating element; and the holder is in contact with the base to enable the heat of the heating element to be transferred to the thermistor through the base and the holder ([0048], Figs. 3-4; Heating element 320 comprises a heating plate 322, a heating coil 324 (reading on the claimed heating element), and thermistor 328. [0052], the heating plate 322 covers the heating coil 324, and the plastic coating part 326 is formed on the heating plate 322 to form the heating unit 320. [0051], [0056]-[0057], Fig. 2; the periphery of the plastic-coated part 326 is welded to the inner wall of the oil cup body 310 at annular extension 310b (holder), so that the periphery of the plastic-coated part 326 is reliably connected to the inner wall of annular extension 310b (holder). Part 326 reads on the base used for holding heating coil 324 (heating element). Annular extension 310b (holder) is in contact with part 326 (base). As heating coil 324 (heating element), heating plate 322 (base body), thermistor 328, part 326 (base), and annular extension 310b (holder) are all in direct or indirect physical contact with each other, heat of heating coil 324 is necessarily capable of being transferred to the thermistor 328 through part 326 (base) and annular extension 310b (holder)).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Peng (CN 111802707 A, English Translation) in view of Yu (CN 205355787 U, cited on the IDS dated 7/28/2023, English Translation) and Ma (US 2023/0070240 A1) as applied to Claim 15, and further in view of Thomas (US 2023/0363458 A1).
Regarding Claim 16, Peng further teaches the device wherein a face of the holder abuts an end of the base ([0051], [0056]-[0057], Fig. 2; A face of annular extension 310b (holder) directly abuts an end of part 326 (base)),
but does not teach the device wherein the base is cylindrical, the first end of the holder is provided with a stepped face, and the stepped face abuts against an end of the base.
Thomas, directed to electronic cigarettes ([0002]-[0004]), teaches an electronic vaporization device ([0058], Fig. 1; Aerosol provision device 100), comprising:
a heating element ([0075]-[0080], Figs. 3-4; Aerosol provision device 100 comprises heater assembly 105 (heating element). Heater assembly 105 includes a susceptor arrangement 132 a funnel part 140. The susceptor 132 and funnel part 140 may be a one-piece component);
a base used for holding the heating element ([0093], Fig. 4 and 6; Device 100 comprises second end support 230 (base) used for holding the funnel part 140 of heater assembly 105 (heating element)),
wherein the base is cylindrical ([0083], Figs. 4 and 6; First section 141 of funnel part 140 is cylindrical. If second end support 230 (base) directly abuts first section 141 as shown in Fig. 4, it is reasonably understood that second end support 230 is cylindrical),
a first end of the base is provided with a stepped face, and the stepped face abuts against an end of the heating element ([0093]-[0094], Figs. 4 and 6; A first end of second end support 230 (base) is provided with a stepped face which abuts and end of funnel part 140 (heating element).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Peng in view of Yu and Ma wherein the base is cylindrical as taught by Thomas because Peng, Yu, Ma, and Thomas are directed to electronic cigarettes, and changing the cross section of the base to cylindrical constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Peng in view of Yu, Ma, and Thomas wherein the first end of the holder is provided with a stepped face, and the stepped face abuts against an end of the base similarly taught by Thomas because Peng, Yu, Ma, and Thomas are directed to electronic cigarettes, Peng discloses a face of the holder abuts an end of the base ([0051], [0056]-[0057], Fig. 2; A face of annular extension 310b (holder) directly abuts an end of part 326 (base)), and Thomas demonstrates that a stepped face can ensure that two elements do not detach from each other, and that the stepped face can provide a suitable location for a sealing element to prevent leakage (Thomas, [0093]-[0094], [0104], Figs. 4 and 6), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 17, Peng in view of Yu, Ma, and Thomas teaches the electronic vaporization device according to claim 16, but does not teach the device further comprising a leakproof piece used for preventing the liquid from flowing to the holder; and both the leakproof piece and the heating element are provided in the base, and the leakproof piece is provided between the heating element and the holder.
Thomas, directed to electronic cigarettes ([0002]-[0004]), teaches an electronic vaporization device ([0058], Fig. 1; Aerosol provision device 100), comprising:
a heating element ([0075]-[0080], Figs. 3-4; Aerosol provision device 100 comprises heater assembly 105 (heating element). Heater assembly 105 includes a susceptor arrangement 132 a funnel part 140. The susceptor 132 and funnel part 140 may be a one-piece component);
a base used for holding the heating element ([0093], Fig. 4 and 6; Device 100 comprises second end support 230 (base) used for holding the funnel part 140 of heater assembly 105 (heating element))
a leakproof piece used for preventing the liquid from flowing out of the base, wherein both the leakproof piece and the heating element are provided in the base, and the leakproof piece is provided between the heating element and the base ([0104], Figs. 4 and 6; A second sealing member 245 (leakproof piece) forms a fluid seal between the heating assembly 105 and the second end support 230. Second sealing member 245 (leakproof piece) and funnel part 140 (heating element) are provided within support 230 (base). Member 245 is provided between funnel part 140 and support 230).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Peng in view of Yu, Ma, and Thomas further comprising a leakproof piece used for preventing the liquid from flowing out of the base, wherein both the leakproof piece and the heating element are provided in the base, and the leakproof piece is provided between the heating element and the base as taught by Thomas because Peng, Yu, Ma, and Thomas are directed to electronic cigarettes, Thomas demonstrates that the leakproof piece forms a fluid tight seal to prevent the flow of fluid into or out of the base (Thomas, [0104]), and this involves combining prior art elements according to known methods to yield predictable results. Further, if the leakproof piece is provided between the heating element and the base as taught by Thomas, the leakproof piece would be necessarily capable of preventing the liquid from flowing to the holder, and would necessarily be provided between the heating element and the holder because the holder abuts an external surface of the base ([0051], [0056]-[0057], Fig. 2; Annular extension 310b (holder) directly abuts an external surface of part 326 (base)).
Conclusion
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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