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 Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4, 14, 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (China Patent Application Publication No. 210226910U; US 20220218031 will be used for citations, in view of Oh (WO2019/199010).
Regarding Claim 1, Wang teaches a heating assembly (Figure 1 and Figure 2), characterized by comprising an electrically conductive external tube (paragraph 0009, line 1, and Figure 1, pin-type sleeve 1), an electrical resistance circuit (Figure 2, heating body 2) disposed in the external tube and having an electrode (Figure 1 and 2, lead 4) electrically connected with the external tube, a first electrode lead wire in electrical connection with the external tube, and a second electrode lead wire (Figure 1 and 2, lead 4) in electrical connection with an opposite electrode of the electrical resistance circuit (paragraph 0009, lines 1-3, and Figure 1). See below modified Figure 1 below depicting the claim limitations.
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Modified Figure 1
Regarding claims 1, 2 and 4, Wang teaches the heating assembly according to claim 1, wherein the electrical resistance circuit and/or the external tube is made of a metal (paragraph 007, lines 1-2). Wang does not teach a temperature detection circuit disposed in the external tube; the temperature detection circuit is made of a metallic PTC material, or the temperature detection circuit comprises a thermocouple structure. The invention taught by Wang can be considered a “base” device.
Oh teaches temperature detection circuit disposed in the external tube (paragraph [0074], lines 1046 – 1049, temperature sensing units 130 and 230, Figures 2 and 5); the temperature detection circuit is made of a metallic PTC material, or the temperature detection circuit comprises a thermocouple structure (paragraph [0011], line 183).
The courts have yielded that the use of a known technique to improve similar devices in the same way would have been obvious to one of ordinary skill in the art before the effective filing date of the present application, see MPEP § 2143(I).
Examiner finds that Wang differs from the claim only in the lack of a separate temperature detection circuit, and therefore the invention from Wang can be considered a “base” device. Oh teaches a comparable device that has been improved upon by incorporation of a temperature detection circuit within the external tube structure of the device. Oh states that incorporation of the temperature detection circuit as described would uniformly control the temperature of the heating device (paragraph [0008], lines 136-140). Therefore, adding the temperature detection circuit to the heating device as described in Wang would have yielded predictable results and resulted in an improved system.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang to incorporate the teachings of Oh to provide a temperature detection circuit in the external tube, and the temperature detecting circuit comprising a thermocouple structure. Doing so would uniformly control the temperature of the heating device.
Regarding claim 3, it would have been obvious to have a temperature coefficient of resistance being 1500-3500 ppm since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art and it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. Regarding claim 14, Wang discloses, the outer tube is made from a high temperature resistant metal alloy. (See Paragraph [0007]) Regarding claim 19, the device in Wang is used in an electric aerosol smoking device. Regarding claims 17 and 18, it would have been obvious to coat the base in a ceramic material as this is a known insulator and to place the tube during the ceramic coating for attachment to the base as ceramic paint is a common manner of applying a ceramic coating for insulating.
Claim(s) 5-6, 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 210226910U) in view of Oh (WO2019/199010) and Huang et al (US 2019/0223259).
Regarding claim 5-6, Wang teaches the heating assembly according to claim 1, and wherein the first electrode lead wire is connected to an outside bottom of the external tube (Figure 2). Wang does not teach the first electrode lead wire is soldered to the external tube.
Huang teaches electrodes soldered to an external tube (paragraph [0022], lines 295-297, Figure 1 and Figure 2).
The courts have held that combining prior art elements according to known methods to yield predictable results would have been obvious to one of ordinary skill in the art before the effective filing date of the present application, see MPEP § 2143(I).
Examiner finds that Wang differs from the claim only in the combination of the soldering method of Huang to connect the electrode lead wire 4 to the external conductive tube 1 of Wang. Examiner finds that one of ordinary skill in the art could have combined the elements as claimed by known methods, and that in combination, each element merely performs the same function as it does separately. Examiner notes that one of ordinary skill in the art would have recognized that the results of the combination were predictable.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to combine the soldering method of Huang with the electrode and external conductive tube of Wang because it yields the predictable result of providing a stable structure (Huang paragraph [0014], line 158).
Regarding claim 15, Wang discloses, the outer tube is filled with an insulating material. (See Paragraph [0018]) Wang in combination with Huang teaches the heating assembly according to claim 7, wherein the protection layer comprises at least one of a ceramic coating layer (paragraph [0014], Figure 1, protective coating 7), wherein an oleophobic glass glaze. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use a ceramic coating, 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.
Claim(s) 7-12, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 210226910U) in view of Oh (WO2019/199010) and Herbich (US 8,191,555).
Regarding claims 7-8, Wang teaches the heating assembly according to claim 1, wherein the heating assembly further comprises a needle arranged at the top of the external tube (Figure 1). Wang does not teach than an upper end of the electrical resistance circuit is fit between the needle and the external tube, so as to be in contact and conductive connection with the external tube.
Herbich teaches, regarding claims 7-8 and 16 an upper end of the electrical resistance circuit is crimped (column 3, lines 30-33, Figure 2, front-side connector end 23) between the needle and the external tube, so as to be in contact and conductive connection with the external tube (column 3, lines 30-33, Figure 1 and 2).
The courts have yielded that simple substitution of one known element for another to obtain predictable results would have been obvious to one of ordinary skill in the art before the effective filing date of the present application, see MPEP § 2143(I).
Examiner finds that the heating assembly as described in Wang differs only in the substitution of the heating body 2 and fixing base 3 with the heating device Figure 2 of Herbich. Examiner finds that one or ordinary skill in the art could have substituted one known element for another, and the results of the substitution would have been predictable. The heating device in Figure 2 of Herbich depicts the electrical resistance circuit crimped at the upper end to establish an electrical connection with the outer tube 17 and the inner tube 13 (column 3, lines 30-33). When substituted with the heating body 2 and fixing base 3 of Wang, the heating device in Figure 2 of Herbich would have been disposed in the pin-type sleeve 1 of Wang and therefore the front-side connector 23 of Herbich would be in electrical connection with the pin-type sleeve 2 of Wang. This has the advantage of forming a uniform heat output over a long period time (Column 4, lines 65-67, and column 5, lines 1-4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to substitute the heating body 2 and fixing base 3 of wang with the heating device Figure 2 of Herbich because it yields the predictable result of forming a uniform heat output over a long period time (Column 4, lines 65-67, and column 5, lines 1-4).
Regarding claim 9, Wang fails to disclose wherein the needle comprises a columnar insertion portion embedded in the outer tube and a conical guide portion connected above the insertion portion.
Herbich teaches the heating assembly further comprises a support bar (inner tube 13) disposed in the external tube, and the electrical resistance circuit (heating spiral 15) is disposed on the support bar (column 3, lines 1-6, Figure 1)
Examiner finds that the heating assembly as described in Wang differs only in the substitution of the heating body 2 and fixing base 3 with the heating device Figure 2 of Herbich. Examiner finds that one or ordinary skill in the art could have substituted one known element for another, and the results of the substitution would have been predictable. When substituted with the heating body 2 and fixing base 3 of Wang, the heating device in Figure 2 of Herbich would have been disposed in the pin-type sleeve 1 of Wang and therefore meeting all the claimed limitations. This has the advantage of forming a uniform heat output over a long period time (Column 4, lines 65-67, and column 5, lines 1-4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the present application to substitute the heating body 2 and fixing base 3 of wang with the heating device Figure 2 of Herbich because it yields the predictable result of forming a uniform heat output over a long period time (Column 4, lines 65-67, and column 5, lines 1-4).
Regarding claims 10-12, Wang discloses in combination with Herbich the heating assembly according to claim 1, wherein the electrical resistance circuit and/or the temperature detection circuit is helically wound around the support bar (Figure 2 of Herbich). Wang teaches wherein a thermally conductive filler is filled between an internal surface of the external tube (paragraph [006]). Wang does not teach an external surface of the support bar. However, with the combination of Wang and Herbich described previously, the filler would be disposed on the external surface of the support bar in the outer tube thus meeting all claim limitations. Dipping or spraying are obvious variants for applying insulating layers.
Claim(s) 13 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (CN 210226910U) in view of Oh (WO2019/199010) and Atkins (US 2020/0120993).
The combination of Wang and Oh teach the heating assembly according to claim 1, but they do not teach the temperature detection circuit in electrical connection with the first or second electrode lead wire and a third electrode lead wire.
Atkins teaches wherein an end of the temperature detection circuit is in electrical connection with the first electrode lead wire or the second electrode lead wire (paragraph [0043], output electrode 260ab, Figure 3);
and the heating assembly further comprises a third electrode lead wire in electrical connection with an opposite end of the temperature detection circuit (paragraph [0043], input electrode 260d, Figure 3).
The courts have yielded that combining prior art elements according to known methods to yield predictable results would have been obvious to one of ordinary skill in the art before the effective filing date of the present application, see MPEP § 2143(I).
Examiner finds that Wang and Oh teaches each claim limitation according to claim 3 as described previously, and that Atkins teaches the second electrode wire in electrical connection with the temperature detection circuit, and a third electrode wire in electrical connection with an opposite end of the temperature detection circuit. Atkins states that the heating and temperature sensing assemblies described herein may also achieve a compact configuration and cost-effective manufacturing (paragraph 0019). Compact configuration is a technical problem that the applicant also looks to resolve with the claimed invention. Therefore, configuring the electrodes as described in Atkins to the temperature detection circuit as described in Oh and the heating assembly as described in Wang would have yielded predictable results and resulted in an improved system.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wang and Oh to incorporate the teachings of Atkins to provide the electrode electrical connections to the temperature detection circuit and the electrical resistance circuit. Doing so would achieve a compact configuration and limit the number or electrode wires needed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN W JENNISON whose telephone number is (571)270-5930. The examiner can normally be reached M-Th 9-5.
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/BRIAN W JENNISON/Primary Examiner, Art Unit 3761 2/16/2026