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 .
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, under claim 10, the “at least one fixing hole” 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.
Specification
The disclosure is objected to because of the following informalities:
Under page 13, line 7 contains the information "a temperature measuring device 64"; under page 14, line 11 contains the information "the reference numeral 64 relates to a stainless steel layer". Numerical 64 been rejected because it been used to identify different items in the specification.
Under [0043] contains the information "the securing member 700 is provided with a through fixing hole, and the electrode lead 600 is inserted in the fixing hole". there is no numerical presenting this through fixing hole.
Appropriate correction is required.
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.
Claims 4-9 and 11-12 are rejected under 35 U.S.C. 112(b) 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 pre-AIA the applicant regards as the invention.
Claim 4 recites the limitation “the middle or lower part” in line 1. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim 4 recites the limitation “the inner wall” in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim 5 recites the limitation “the outer periphery” in line 1. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim 6 recites the limitation “different positioning slots” in line 3, rendering the claim indefinite because it is unclear what the relation between this “different positioning slots” and two positioning slots mentioned in line 2 are?
Claim 7 recites the limitation “any two positioning slots” in line 4, rendering the claim indefinite because it is unclear what the relation between this “different positioning slots” and two positioning slots mentioned in Claim 5 line 2 are?
Claim 8 recites the limitation “the upper part” in line 1. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim 8 recites the limitation “the top surface” in line 3. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim 8 recites the limitation “the opening” in line 3. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim 8 recites the limitation “the top to the bottom” in line 4. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim 9 recites the limitation “the top surface of the position slot” in line 1. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim 9 recites the limitation “the inside” in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim 9 recites the limitation “the outside” in line 3. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim 11 recites the limitation “the shape” in line 1. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim 11 recites the limitation “the inner wall” in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
Claim 12 recites the limitation “the shape” in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction/ clarification is required.
The rest of the claims are also been rejected because each claim depends on a rejected claim.
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin et al. (CN 11 275 4073 A) in view of Guo et al. (CN 11 007 4458 A).
Regarding Claim 1, Lin et al. disclose a heating atomization core, comprising a liquid guide (a liquid guide 2, [0032], Fig 1), a heating body (a heating wire 3, [0032], Fig 1), and at least one electrode lead (electrode lead 4, [0032], Fig 1) connected to the heating body;
wherein the heating body is attached to a surface of the liquid guide (3 is attached to a surface of 2, Fig 3), the at least one electrode lead extends outward from two ends of the heating body (4 extends outward from two ends of 3, Fig 1), the liquid guide is externally provided with an axially extending housing (a shell 1, [0032], Fig 1), the liquid guide is cooperatively filled in the housing (2 is cooperatively filled in 1, Fig 1).
Lin et al. disclose the invention as claimed and as discussed above; except does not disclose: the at least one electrode lead is provided with an insulating sheath; and the housing is provided therein with a securing member for securing the at least one electrode lead.
Guo et al. teach a heating atomization core (an electronic cigarette atomizing core, [0002], Fig 1), and the at least one electrode lead (lead wire 17, [0050], Fig 2. Note: “the at least one electrode lead” taught by Lin et al. already) is provided with an insulating sheath (insulating ring 19, [0050], Fig 2); and the housing (connector 15, [0050], Fig 2. Note: “the housing” taught by Lin et al. already) is provided therein with a securing member (fixing base 16, [0050], Fig 2) for securing the at least one electrode lead (see Fig 2).
Therefore, it would have been obvious before the effective filling date of the claimed invention to one of ordinary skill in the art to modify Lin et al. with Guo et al.’s further teaching of he at least one electrode lead is provided with an insulating sheath; and the housing is provided therein with a securing member for securing the at least one electrode lead; because Guo et al. teaches, in Para. [0010] of providing an improved electronic cigarette atomizing core, electronic cigarette with a higher safety performance, and the electronic cigarette has a longer lifespan.
Claim 2, wherein the housing is a straight pipe structure (shell 1 is a straight pipe structure, Fig 1), the side of the housing is provided with a liquid inlet hole or liquid inlet groove (hole 10, [0032], a liquid absorption protrusion 20 at the side wall through hole 10, [0033], Fig 1).
Claim 3, wherein the housing is a cylindrical frame structure (see shell 1, Fig 1).
Claim 4. wherein the middle or lower part of the at least one electrode lead is bent and attached to the inner wall of the housing (see Figs 1-2), the securing member fixes the at least one electrode lead (16 fixes 17, Fig 2, taught by Guo et al.), and the securing member is provided with a vent hole (16 is provided with air inlet 8, [0050], Fig 2, taught by Guo et al.).
Claim 5, wherein the outer periphery of the securing member is provided with a at least one positioning slot (16 is provided with a at least one positioning slot, Fig 2, taught by Guo et al.), the at least one electrode lead is snapped in the at least one positioning slot to be fixed (17 is snapped in the at least one positioning slot of 16 to be fixed, Fig 2, taught by Guo et al.).
Claim 6, wherein the at least one positioning slot comprises two positioning slots, and the at least one electrode lead comprises two electrode leads which are snapped in different positioning slots (see Fig 2, taught by Guo et al.).
Claim 7, wherein the at least one positioning slot comprises a plurality of positioning slots that are uniformly arranged on the outer periphery of the securing member (2 positioning slots that are uniformly arranged on the outer periphery of 16, Fig 2, taught by Guo et al.), and the at least one electrode lead comprises two electrode leads which are snapped in any two positioning slots (comprises two electrode leads 15 which are snapped in any two positioning slots, Fig 2, taught by Guo et al.).
Claim 8, wherein the upper part of the positioning slot is provided with a guide portion, the guide portion is smoothly transited from the top surface to the positioning slots, or the opening of the guide portion gradually narrows from the top to the bottom (details see Fig 2, taught by Guo et al.).
Claim 9, wherein the top surface of the positioning slot is an inclined surface or cambered surf ace that is high on the inside and low on the outside (details see Fig 2, taught by Guo et al.).
Claim 10, wherein the securing member is provided with a at least one fixing hole through which the at least one electrode lead is threaded (fixing base 16 is provided with a at least one fixing hole through which lead wire 17 is threaded, Fig 2, taught by Guo et al.).
Claim 11, wherein the shape of the securing member is consistent with the shape of the inner wall of the housing (the shape of fixing base 16 member is consistent with the shape of the inner wall of 15, Fig 2, taught by Guo et al.).
Claim 12, wherein the heating body is in the shape of a sheet, a cylinder or a spiral (3 is in the shape of a sheet, a cylinder or a spiral, Fig 4).
Claim 13, wherein the liquid guide is a multi-layer tubular structure made of overlapping layers of guide cotton (an atomizing cotton 2, [0054], Fig 2, taught by Guo et al. Note: “the liquid guide” taught by Lin et al. already).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is advised to refer to the Notice of References Cited for pertinent prior art. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KUANGYUE CHEN whose telephone number is 571/272-8224. The examiner can normally be reached on M-F 9:00-5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, supervisor Ibrahime Abraham can be reached on 571/270-5569, supervisor Steven Crabb can be reached on 571/270-5095, or supervisor Edward Landrum can be reached on 571/272-5567. The fax phone number for the organization where this application or proceeding is assigned is 571/273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866/217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800/786-9199 (IN USA OR CANADA) or 571/272-1000.
/KUANGYUE CHEN/
Examiner, Art Unit 3761
/ELIZABETH M KERR/Primary Examiner, Art Unit 3761
Prosecution Insights