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 .
Claim Objections
Claim 6 is objected to because of the following informalities: the term “defines” in line 2 should read as “defined”.
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 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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Buchberger (US 20210077752 A1) in view of Zhang (CN 210112277 U and see PDF attached).
Regarding claim 1, Buchberger discloses, an electronic cigarette (see tobacco inhalator in Fig. 8, Fig. 9 and Fig. 10), comprising:
a housing (see combination of housing 3 and support housing 10 in Fig. 8),
an atomizer (see planar composite 22 in Fig. 9, wherein the planar composite 22 has a flat shape in the form of a film or strip and consists of a heating element and a wick as disclosed in para 0120) accommodated in the housing (see Fig. 9);
an e-liquid cavity (see liquid container 4 is filled with the liquid material 16 in Fig. 9), and
an airflow sensing device (see printed circuit board 11 with sensor 99 in Fig. 8) disposed on a bottom end (see support housing 10 in Fig. 8) of the housing (3 and 10);
wherein a smoking port (see mouthpiece 5 in Fig. 9) is defined on a top end (see housing 3 in Fig. 9 and Fig. 8) of the housing (3 and 10); the atomizer (22) is spaced apart from the smoking port (see Fig. 9); the e-liquid cavity (4) is disposed between the atomizer (22) and the smoking port (5); a through hole (see feed opening 30 in Fig. 10) communicated with an outside is defined on the bottom end of the housing (see Fig. 10 and disclosed in para 0125 “The actual supply of the air from the surroundings takes place via a feed opening 30 formed by the switching circuit cover 7. The feed opening 30 is arranged on that end side of the inhalator which is opposite the mouthpiece 5”);
wherein the airflow sensing device (see printed circuit board 11 with sensor 99 in Fig. 8) comprises a first circuit board (see printed circuit board 11 in annotated Fig. 8) fixed to the bottom end of the housing (see Fig. 8), an airflow sensor (see sensor 9 in Fig. 8, wherein sensor 99 has the task of detecting the beginning of drawing or inhalation as disclosed in para 0157) fixed to the first circuit board (see sensor 99 fixed to circuit board 11 by pins 101 in Fig. 8), and a main control integrated circuit (IC) (see integrated switching circuit 104 in Fig. 8) electrically connected to the first circuit board (see Fig. 8 and disclosed in para 0159 “the integrated switching circuit 104 controls the gate of the power MOSFET 105. A very simple control strategy which has moreover also proven successful in prototypes according to the invention consists in dividing the duration of the supply of energy into two periods—into a heating-up period and a following evaporation period. In the intermittent operation of the inhalator, synchronous with inhalation or drawing, the duration of the supply of energy is oriented to the drawing or inhalation duration”); the airflow sensor (99) comprises a second circuit board (see annotated second circuit board on which sensor 99 is located on with two electrical contact elements 20 in Fig. 8 and disclosed in para 0153 “he contact elements 20 obtain the electric energy via two wires which connect the contact elements 20 to the printed circuit board 11”); the second circuit board is electrically connected to the first circuit board (see Fig. 8 and disclosed in para 0153 “it should be pointed out once again that the contact elements 20 carry out up to three different tasks: firstly, as just described previously, they transmit the electric energy from the printed circuit board 11 to the plate-like contacts 23”).
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However, Buchberger does not explicitly disclose, the airflow sensor is a micro-electro-mechanical system (MEMS) airflow sensor, wherein a first bonding pad and a second bonding pad are disposed in the second circuit board; the second bonding pad is a closed ring-shaped structure; the second bonding pad is disposed around an outer side of the first bonding pad; the first bonding pad comprises a first pin; the second bonding pad comprises a second pin; the main control IC is electrically connected to the second circuit board through the first pin; and the second pin is grounded.
Nonetheless, Zhang teaches, the air flow sensor (see microphone chip 150 in Fig. 4a and 4b) is a micro-electro-mechanical system (MEMS) airflow sensor (disclosed in the specification “MEMS microphone typically comprises a MEMS chip and electrically connected with the ASIC (ApplicationSpecificIntegrated Circuit, functional integrated circuit) chip, wherein the MEMS chip includes a substrate and a vibration film and back fixed on the substrate, the diaphragm and the back electrode form a capacitor and integrated on a silicon wafer, into the microphone and sound by the sound hole acts on the MEMS chip isolation film. changed by vibration of the vibration film, the distance between the diaphragm and the back electrode, thereby converting the sound signal into an electrical signal”), wherein a first bonding pad (see solder layer 410a in Fig. 4a and Fig. 4b) and a second bonding pad (see solder layer 410b in Fig. 4a and Fig. 4b) are disposed in the second circuit board (see circuit board 100 in Fig. 4a and Fig. 4b); the second bonding pad (410b) is a closed ring-shaped structure (see Fig. 4b); the second bonding pad (410b) is disposed around an outer side (see Fig. 4b) of the first bonding pad (410a); the first bonding pad (410a) comprises a first pin (see annotated Fig. 4a, wherein the annotated first pin is one of the circuit wiring 210); the second bonding pad comprises a second pin (see annotated Fig. 4a, wherein the annotated second pin is another one of the circuit wiring 210); the main control IC (see ASIC chip 160 in Fig. 4a and 4b) is electrically connected to the second circuit board (100) through the first pin (see annotated Fig. 4a, wherein the circuit board 100 in the circuit wiring 210 are electrically connected and the ASIC chip 160 and the microphone chip 150, the circuit board 100 are respectively formed between the electrical connection as disclosed in the specification); and the second pin is grounded (see annotated second pin 210 is connected with one of the ground terminals 220 in Fig. 4a).
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It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the airflow sensor of Buchberger with a micro-electro-mechanical system (MEMS) airflow sensor as taught/suggested by Zhang since MEMS airflow sensor is made on a silicon chip so as reducing overall size and weight, wherein the small mass of MEMS airflow sensor allows for rapid response times, enabling quick adjustments to airflow changes, therefore the MEMS airflow sensor has higher sensitivity and accuracy comparing to other airflow sensors. Moreover, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to replace the second circuit board of Buchberger with the circuit board Zhang the circuit board comprises the first bonding pad and the second bonding pad, wherein the first bonding pad and the second bonding pad are disposed in the second circuit board; the second bonding pad is a closed ring-shaped structure; the second bonding pad is disposed around an outer side of the first bonding pad; the first bonding pad comprises a first pin; the second bonding pad comprises a second pin; the main control IC is electrically connected to the second circuit board through the first pin; and the second pin is grounded as taught/suggested by Zhang since the circuit board of Zhang is designed to improve the waterproof and dustproof performance of the MEMS airflow sensor so as protecting the delicate microstructures from contamination.
It is noted that even though Zhang is non-analogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Zhang is in the field of the inventor’s endeavor such that the airflow sensor is a micro-electro-mechanical system (MEMS) airflow sensor and the structure of the circuit board is designed to improve the waterproof and dustproof performance of the MEMS airflow sensor so as protecting the delicate microstructures from contamination which is suitable to use in an electronic cigarette.
Regarding claim 2, Buchberger in view of Zhang discloses the electronic cigarette according to claim 1, Zhang further teaches, wherein the first bonding pad (410a) is recessed on the top surface (see Fig. 4a) of the second circuit board (see 100); the second bonding pad (410b) is recessed on the top surface (see Fig. 4a) of the second circuit board (100), wherein Buchberger discloses, the first circuit board (11) is attached on the bottom surface of the second circuit board (see annotated Fig. 8). Hence, Buchberger in view of Zhang discloses, the first and second bonding pad are recessed in a direction away from the first circuit board.
Regarding claim 3, Buchberger in view of Zhang discloses the electronic cigarette according to claim 2, Zhang further teaches, wherein the first bonding pad (410a) and the second bonding pad (410b) are electrically connected to the second circuit board (100) by solder paste (the layers 410a and 410b are solder layers), wherein Buchberger discloses, the first circuit board and the second circuit board are electrically connected to each other (see Fig. 8).
Regarding claim 4, Buchberger in view of Zhang discloses the electronic cigarette according to claim 1, Zhang further teaches, wherein the first bonding pad (410a) and the second bonding pad (410b) are spaced apart (see Fig. 4a).
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Buchberger (US 20210077752 A1) in view of Zhang (CN 210112277 U and see PDF attached) and in furtherview of Zeng (WO 2022000794 A1 and see the PDF attached).
Regarding claim 5, Buchberger in view of Zhang discloses the electronic cigarette according to claim 1, Zhang further teaches, wherein the MEMS airflow sensor (150) further comprises a shell (see housing 110) and a MEMS chip (150); the shell (110) is fixed to one side of the second circuit board (see Fig. 4a); the shell defines an accommodating cavity (see first cavity 130); the MEMS chip (150) is electrically connected to the second circuit board (see Fig. 4a) and fixed in the accommodating cavity (see Fig. 4a); the shell (110) defines a first air hole (see gap 420), the second circuit board (100) defines a second air hole (see hole 180 in Fig. 4a) communicated with the first air hole (see Fig. 4a), wherein Buchberger discloses, the first circuit board (11) is attached on the other side of the second circuit board (see annotated Fig. 8). Hence, Buchberger in view of Zhang discloses, the first shell is located away from the first circuit board.
However, Buchberger in view of Zhang does not explicitly disclose, the shell defines a first air hole communicated with the smoking port; the MEMS chip directly faces the second air hole.
Nonetheless, Zeng teaches, the shell (see inner shell 2 in Fig. 2) defines a first air hole (see second through hole 23 in Fig. 2) communicated with the relief hole (33) located above the first air hole (23); the second circuit board (see top circuit board 1 with hole 11 in Fig. 2) defines a second air hole (see first through hole 11 in Fig. 2) communicated with the first air hole (see Fig. 2 and Fig. 3); the MEMS chip (see MEMS microphone 4 in Fig. 2) directly faces the second air hole (see Fig. 2 and Fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the shell with first air hole, the MEMS chip, and the second air hole of Zhang wherein the shell with first air hole communicated with the smoking port of Buchberger and the MEMS chip directly faces the second air hole as taught/suggested by Zeng in order to easily pick up signals with larger bandwidth while the MEMS microphone can better sense the vibration generated by the air pressure change in the containment cavity, and convert the induced vibration signal into an electrical signal, so as to achieve high transmission to the containment cavity (see the specification of Zeng).
Regarding claim 6, Buchberger in view of Zhang and in further view of Zeng discloses the electronic cigarette according to claim 5, Zeng further teaches wherein the first circuit board (see bottom circuit board with cavity 10 in Fig. 2) is defines a third air hole (see cavity 10 in Fig. 2) communicated with the second air hole (see Fig. 2); a joint of the first circuit board and the second circuit board (see connections between the top and bottom circuit board 1 in Fig. 3), Zhang teaches, the first sound hole 170 the second metal shell by the outer side of the 120 protection, and can improve the waterproof and dustproof performance of the silicon microphone package structure (see the specification). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first cicrcuit board of Buchberger wherein the first circuit board is defined a third hole as taught/suggested by Zeng in order to increase volume of the sensed vibration signal, thereby effectively improving the signal-to-noise ratio (see the specification of Zeng). Moreover, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the third air hole and a periphery of the second air hole of Zeng with the metal as a waterproof material of Zhang wherein a waterproof material is coated on a periphery of the third air hole and a periphery of the second air hole, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. MPEP 2144.07.
Regarding claim 7, Buchberger in view of Zhang and in further view of Zeng discloses the electronic cigarette according to claim 5, Zhang further teaches wherein the airflow sensing device further comprises a waterproof sleeve (see metal shell 120) sleeved on the shell (see shell 110, wherein shell 120 is sleeved on the shell 110 in Fig. 4a); Zeng teaches, the sleeve (see case 3 is sleeved on the inner shell 2 in Fig. 3) defines a fourth air hole (see hole 33 in Fig. 2 and Fig. 3) communicated with the first air hole (see hole 23 is communicated with hole 33).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the waterproof sleeve of Zhang wherein the water proof sleeve further comprises a fourth air hole as taught/suggested by Zeng in order to easily pick up signals with larger bandwidth while the MEMS microphone can better sense the vibration generated by the air pressure change in the containment cavity, and convert the induced vibration signal into an electrical signal, so as to achieve high transmission to the containment cavity (see the specification of Zeng).
Regarding claim 8, Buchberger in view of Zhang and in further view of Zeng discloses the electronic cigarette according to claim 5, Zhang further teaches wherein the MEMS airflow sensor (150) comprises a first connecting line and a second connecting line (see annotated Fig. 4a); the first connecting line and the second connecting line are electrically connected to the MEMS chip (see annotated Fig. 4a); the first connecting line (see annotated Fig. 4a) is electrically connected to the first bonding pad (410a) , and the second connecting line (see annotated Fig. 4a) is electrically connected to the second bonding pad (410b).
Conclusion
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/VY T NGUYEN/Examiner, Art Unit 3761