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 .
Priority
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.
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 1-15 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 1, line 4 recites “the range”, line 10 recites “the composite”; claim 7, line 1 recites “the range”; claim 15, line 4 recites “the range”. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-6 and 8-14 are also rejected because they are dependent upon claim 1.
Claim Rejections - 35 USC § 102
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.
Claims 1-8, 10-12, 14 and 15 are rejected under 35 U.S.C. 102(a)(1) / (a)(2) as being anticipated by Qigen (CN109832673). An English machine translation of Qigen (CN109832673) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 1, Qigen teaches a vaporizer (title, abstract) comprising: a porous sintered body formed by a composite of a first electrically conductive material (Figs 1, 2, heating network 20, nickel, cobalt, zirconium, titanium, stainless steel, 0040), a second electrically conductive material (electrode connection part 30, gold, copper, silver, 0041, 0046), and a dielectric material (porous body 10, 0039, alumina, zirconium oxide), the porous sintered body has an open porosity in the range from 10% to 90% (0039, porosity of 0-80%), the porous sintered body has an open porosity in the range from 10% to 90% (0039, porosity of 0-80%) and an electrical conductivity in a range from 0.1 to 105 S/m (0013, 0042, where low resistivity means that the vaporizer has high conductivity), the dielectric material is selected from a group consisting of glass, crystallizable glass, glass-ceramic, ceramic, plastic and combinations thereof (0039, alumina, zirconium oxide), the first electrically conductive material has a lower electrical conductivity (20) than the second electrically conductive material (30), and the composite has a proportion of the dielectric material from 5% to 70% by volume (0014, 0016), the first electrically conductive material from 10% to 90% by volume (0014, 0016), and the second electrically conductive material from 5% to 50% by volume (see figures 1, 2).
With respect to the limitations of claims 2, 3, 4, 5, 6, 7, 8, 10, 11, 12 and 14, Qigen teaches the proportion is selected from a group consisting of: the first electrically conductive material from 40% to 90% by volume (0014, 0016), the first electrically conductive material from 55% to 75% by volume (0014, 0016), the second electrically conductive material from 5% to 50% by volume, the second electrically conductive material from 15% to 30% by volume, a total of the first and second electrically conductive materials from 30% to 95% by volume, and a total of the first and second electrically conductive materials from 40% to 90% by volume.
the composite comprises a feature selected from a group consisting of: the first electrically conductive material having an electrical conductivity of up to 30 S/μm, the first electrically conductive material having an electrical conductivity of up to 20 S/μm, the first electrically conductive material having an electrical conductivity from 0.001 to 10 S/μm, the second electrically conductive material having an electrical conductivity of greater than 10 S/µm (electrode connection part 30, gold, copper, silver, 0041, 0046), the second electrically conductive material having an electrical conductivity of greater than 20 S/µm (electrode connection part 30, gold, copper, silver, 0041, 0046), the second electrically conductive material having an electrical conductivity of greater than 30 S/µm (electrode connection part 30, gold, copper, silver, 0041, 0046), the second electrically conductive material having an electrical conductivity of up to 70 S/µm (electrode connection part 30, gold, copper, silver, 0041, 0046), the first electrically conductive material having a resistance with a positive temperature coefficient, the second electrically conductive material having a resistance with a positive temperature coefficient, the first and second electrically conductive materials having a resistance with a positive temperature coefficient, the first electrically conductive material having a temperature coefficient of resistance of at least -0.0001 1/K, the second electrically conductive material having a temperature coefficient of resistance of at least -0.0001 1/K (electrode connection part 30, gold, copper, silver, 0041, 0046), the first electrically conductive material having a temperature coefficient of resistance of less than 0.008 1/K, the second electrically conductive material having a temperature coefficient of resistance of less than 0.008 1/K (electrode connection part 30, gold, copper, silver, 0041, 0046), the first electrically conductive material having a temperature coefficient of resistance of at least -0.0001 1/K and less than 0.008 1/K, and the second electrically conductive material having a temperature coefficient of resistance of at least -0.0001 1/K and less than 0.008 1/K (electrode connection part 30, gold, copper, silver, 0041, 0046);
further comprising an electrical resistance in a range from 0.05 to 5 ohms (0013, 0042);
the electrical resistance is from 0.1 to 5 ohms (0013, 0042);
the porous sintered body comprises the electrical resistance (0013, 0042);
further comprising a voltage in the range from 1 to 12 V (0076 battery providing 12 V) and/or a heating output of from 1 to 500 W;
the first and/or second electrically conductive material comprise a material selected from a group consisting of: titanium, chromium, steel, iron, molybdenum, tungsten, manganese, nickel, copper, silicon, stainless steel, aluminium, platinum, gold, silver, and any mixture or alloys thereof (heating network 20, nickel, cobalt, zirconium, titanium, stainless steel, 0040; electrode connection part 30, gold, copper, silver, 0041, 0046);
the first and/or the second electrically conductive materials comprise particles having a feature selected from a group consisting of: a particle size d50 in a range from 0.1 μm to 1000 μm (0050, 10 to 60 µm), a particle size d50 in a range from 1 to 300 μm (0050, 10 to 60 µm), a particle size d50 in a range from 0 1 to 150 μm (0050, 10 to 60 µm), a shape that is platelet-shape, a maximum length that is larger than a maximum thickness, a maximum length that is larger than twice a maximum thickness, and a maximum length that is larger than seven times a maximum thickness;
the open porosity comprises pores having a mean pore size in a range from 1 μm to 5000 μm (0039, 0.1-200 μm);
the dielectric material comprises glass having a feature selected from a group consisting of: an alkali metal content ≤ 15% by weight, having an alkali metal content ≤ 6% by weight, a proportion of network formers of at least 50% by weight, a proportion of network formers of at least 70% by weight, a transformation temperature in a range from 300°C to 900°C, a transformation temperature in a range from 500°C to 800°C, a class 3 hydrolytic resistance measured in accordance with ISO 719, a class 2 hydrolytic resistance measured in accordance with ISO 719, and a class 1 hydrolytic resistance measured in accordance with ISO 719 (porous body 10, 0039, alumina, zirconium oxide);
the vaporizer is configured as a component for a use selected from a group consisting of an electronic cigarette, a medical inhaler, a fragrance dispenser, a room humidifier, a disinfection device, and a gas heating device (0039, electronic cigarette atomizer).
With respect to the limitations of claim 15, Qigen teaches a porous sintered body (title, abstract), comprising a porous sintered body formed by a composite of a first electrically conductive material (Figs 1, 2, heating network 20, nickel, cobalt, zirconium, titanium, stainless steel, 0040), a second electrically conductive material (electrode connection part 30, gold, copper, silver, 0041, 0046), and a dielectric material (porous body 10, 0039, alumina, zirconium oxide), the porous sintered body has an open porosity in the range from 10% to 90% (0039, porosity of 0-80%) and an electrical conductivity in a range from 0.1 to 105 S/m (0013, 0042, where low resistivity means that the sintered body has high conductivity), the dielectric material is selected from a group consisting of glass, crystallizable glass, glass-ceramic, ceramic, and combinations thereof (0039, alumina, zirconium oxide), the first electrically conductive material has a lower electrical conductivity (20) than the second electrically conductive material (30), and the composite has a proportion of the dielectric material from 5% to 70% by volume (0014, 0016), the first electrically conductive material from 10% to 90% by volume (0014, 0016), and the second electrically conductive material from 5% to 50% by volume (see figures 1, 2).
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.
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.
Claims 9 and 13 are rejected under 35 U.S.C. 103 as being obvious over Qigen (CN109832673) as applied to claim 1, further in view of Edwards (US 2012/0308807).
With respect to the limitations of claim 9, Qigen discloses the claimed invention except for the porous sintered body further comprises an electrically conductive coating. However, Edwards discloses the porous sintered body (0075, sintered ceramic membranes) further comprises an electrically conductive coating (0022, 0041, 0067) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the porous vaporizer of Qigen silent to an electrically conductive coating with the porous sintered body further comprises an electrically conductive coating of Edwards for the purpose of providing desired functionalities by applying thin, uniform coatings to existing porous materials or membranes (0013).
With respect to the limitations 13, Qigen teaches the dielectric material comprises glass comprising Al2O3. Qigen in view of Edwards discloses the claimed invention except for the dielectric material comprises glass comprising: SiO2 50% to 85% by weight, B2O3 1% to 30% by weight, Al2O3 1% to 30% by weight, ∑Na2O + K2O 1% to 30% by weight, and ∑MgO + CaO + BaO + SrO 1% to 40% by weight. However, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to have the dielectric material comprises glass comprising: SiO2 50% to 85% by weight, B2O3 1% to 30% by weight, Al2O3 1% to 30% by weight, ∑Na2O + K2O 1% to 30% by weight, and ∑MgO + CaO + BaO + SrO 1% to 40% by weight, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable chemical weight ranges involves only routine skill in the art (see MPEP 2144.04).
Claims 16, 17, 18 and 19 are rejected under 35 U.S.C. 103 as being obvious over Qigen (CN109832673) in view of Zou (CN111270274). An English machine translation of Zou (CN111270274) is included with the Notice of Reference Cited (PTO-892).
With respect to the limitations of claim 16, Qigen teaches a method for producing a vaporizer, comprising: a) providing a first electrically conductive material (Figs 1, 2, heating network 20, nickel, cobalt, zirconium, titanium, stainless steel, 0040), and a dielectric material (porous body 10, 0039, alumina, zirconium oxide) in powder form (0042, 0044, mixing the first powder material and the second powder material); b) mixing (0044, mixing) the first electrically conductive material and the dielectric material in powder form provided in step a) with at least one pore former to produce a powder mixture (0044, pore-forming agent); c) producing a green body from the powder mixture provided in step b) by pressing, casting or extrusion (0044, pressing them into a compact according to the required shape); and d) sintering the green body produced in step c) at a sintering temperature (0045, sintered at a temperature of 700-1200 degrees). Qigen discloses the claimed invention except for providing a second electrically conductive material.
However, Zou discloses providing a second electrically conductive material (0011, conductive graphite powder, nickel salt containing nickel) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the method for producing a vaporizer having a providing, mixing, producing and sintering step silent to a second electrically conductive material with the providing a second electrically conductive material of Zou for the purpose of adding a known electrically conductive material that enhances the electrical conductivity (0011) of the vaporizer.
the providing in step a) further comprises: providing a proportion of the dielectric material from 5% to 70% by volume; providing a proportion of the first electrically conductive material from 10% to 90% by volume; and providing a proportion of the second electrically conductive material from 5% to 50% by volume.
With respect to the limitations of claim 17, Qigen teaches the providing in step a) further comprises: providing a proportion of the dielectric material from 5% to 70% by volume (0014, 0016); providing a proportion of the first electrically conductive material from 10% to 90% by volume (0014, 0016). Qigen in view of Zou discloses the claimed invention except for providing a proportion of the second electrically conductive material from 5% to 50% by volume. However, it would have been obvious for one having ordinary skill in the art before the effective filing date of the invention was made to have providing a proportion of the second electrically conductive material from 5% to 50% by volume, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable material volume ranges involves only routine skill in the art (see MPEP 2144.04).
With respect to the limitations of claim 19, Qigen teaches further comprising reworking the sintered body, the reworking is a process selected from a group consisting of grinding, drilling, polishing, milling, turning, applying an electrically conductive paste (0046, conductive paste), and applying electrically conductive solder lines.
Claim 18 is also rejected because it is dependent upon claim 16.
Claim 20 is rejected under 35 U.S.C. 103 as being obvious over Qigen (CN109832673) in view of Zou (CN111270274) as applied to claim 16, further in view of Edwards (US 2012/0308807).
With respect to the limitations of claim 20, Qigen in view of Zou discloses the claimed invention except for further comprising coating, using a sol-gel method or CVD method, the sintered body with an electrically conductive coating after step d). However, Edwards discloses further comprising coating, using a sol-gel method (0052, sol-gel methods) or CVD method (ALD, 0051, 0053), the sintered body with an electrically conductive coating (0022, 0041, 0067) after step d) is known in the art. It would have been obvious for one having ordinary skill in the art before the effective filing date of the invention to adapt the method for producing a vaporizer of Qigen in view of Zou silent to an electrically conductive coating with the further comprising coating, using a sol-gel method or CVD method, the sintered body with an electrically conductive coating after step d) of Edwards for the purpose of providing desired functionalities by applying thin, uniform coatings to existing porous materials or membranes (0013).
Allowable Subject Matter
Claim 18 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THIEN S TRAN whose telephone number is (571)270-7745. The examiner can normally be reached Monday-Friday [8:00-4:00].
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/THIEN S TRAN/Primary Examiner, Art Unit 3761 2/24/2026