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 1-15 are pending and are subject to this office action. This is the first Office Action on the merits of the claims.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “100” has been used to designate both the ultrasonic vaporization assembly and the heating assembly in Fig. 3. The specification uses 100 to designate the ultrasonic vaporization assembly and 200 to designate the heating assembly ([0034]). 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. 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.
Claim Rejections - 35 USC § 102
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 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, 2, 4-6, and 15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Liu (CN 205922888 U, as cited on IDS dated 06/21/2023, hereinafter referring to the English translation provided).
The following rejections are made in reference to the below annotated Fig. 1a and Fig. 1c.
PNG
media_image1.png
502
803
media_image1.png
Greyscale
PNG
media_image2.png
656
1153
media_image2.png
Greyscale
Regarding claim 1, Liu discloses an ultrasonic vaporization assembly (ultrasonic atomizer 1 in Fig. 1a-Fig. 1c, [0019]), comprising:
A liquid inlet surface (microporous region 12) and a first support surface surrounding an edge (i.e. the peripheral edge) of the liquid inlet surface (12) where the liquid inlet surface (12) and first support surface are located on a back surface of the vaporization assembly (annotated Fig. 1c above, [0019, 0022]),
The back surface of the ultrasonic vaporization assembly faces the liquid storage medium (52, [0034]) such that liquid enters the ultrasonic vaporization assembly from the liquid inlet surface (12) to be vaporized ([0021, 0034, 0040]), and
A heating assembly (heating element 15) attached to the first support surface, where the heating assembly (15) is configured to heat the liquid near liquid inlet surface (12, Fig. 1c, [0020-0021, 0040]).
Regarding claim 2, Liu discloses the ultrasonic vaporization assembly comprises:
A piezoelectric ceramic piece (piezoelectric ceramic 111) and a metal piece (metal substrate 14, Fig. 1b, [0019-0020]),
Wherein the liquid inlet surface (12) and the first support surface are located on a first side (back surface Fig. 1c) of the metal piece (14, Fig. 1c, [0022, 0034]),
Wherein the metal piece (14) comprises a second support surface corresponding the first support surface and a vapor outlet surface corresponding to the liquid inlet surface (12) on a second side (front surface Fig. 1a, [0022, 0034]) opposite to the first side, as shown in the annotated Fig. 1a above, and;
The piezoelectric ceramic piece (111) is in the shape of a ring having a through hole corresponding to the vapor outlet surface and attached to the piezoelectric area (11, i.e. attached to the second support surface, Fig. 1b, [0017, 0020]) on the front/second side of the ultrasonic vaporization assembly, and;
The metal piece (14) is provided with vapor outlet holes (micropores) that pass through the metal piece (14) such that they penetrate the liquid inlet surface (12) and vapor outlet surface, and the vapor outlet holes are in communication with the through hole formed by the ring shaped piezo electric ceramic piece (111, Fig. 1b, Fig. 1c, [0020]).
Regarding claim 4, Liu discloses the heating assembly (15) comprises a heating wire or heating line (i.e. a heating layer) printed on the metal piece (14) comprising a high temperature zone surrounding the liquid inlet area (12) and low temperature zone surrounding the high temperature zone, as shown in the annotated Fig. 1c above.
Regarding claim 5, Liu discloses the distance between the edge (i.e. outer peripheral edge) of the liquid inlet surface (12) and the heating layer (15) is less than the distance between the edge of the first support surface and the heating layer (15), as shown in the annotated Fig. 1c above.
Regarding claim 6, Liu discloses the heating layer (15) comprises a first resistance wire surrounding the liquid inlet area (12) and a second resistance wire surrounding the first resistance wire, as shown in the annotated Fig. 1c above.
Liu discloses the length of the second resistance wire is shorter than the length of the first resistance wire. Therefore, a person having ordinary skill in the art would reasonably expect a resistance of the first resistance wire to be greater than a resistance of the second resistance wire, as resistance increases with length.
Regarding claim 15, Liu discloses an ultrasonic atomization electronic cigarette (Fig. 3a-Fig. 3b), comprising:
A vaporizer comprising an ultrasonic vaporization assembly (ultrasonic atomizer 1, Fig. 1a-Fig. 1c, Fig. 3a, [0019]), the ultrasonic vaporization assembly (1) comprising:
A liquid inlet surface (microporous region12) and a first support surface surrounding an edge (i.e. the peripheral edge) of the liquid inlet surface (12) where the liquid inlet surface (12) and first support surface are located on a back surface of the vaporization assembly (annotated Fig. 1c above, [0019, 0022]),
The back surface of the ultrasonic vaporization assembly faces the liquid storage medium (52, [0034]) such that liquid enters the ultrasonic vaporization assembly from the liquid inlet surface (12) to be vaporized ([0021, 0034, 0040]), and
A heating assembly (heating element 15) attached to the first support surface, where the heating assembly (15) is configured to heat the liquid near liquid inlet surface (12, Fig. 1c, [0020-0021, 0040]).
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.
Claims 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 205922888 U, as cited on IDS dated 06/21/2023, hereinafter referring to the English translation provided) in view of Bao (CN 109261428 A, as cited on IDS dated 06/21/2023, hereinafter referring to the English translation provided).
Regarding claim 3, Liu discloses the metal piece (14) is provided with vapor outlet holes (micropores) that pass through the metal piece (14) such that they penetrate the liquid inlet surface (12) and vapor outlet surface (Fig. 1c, [0020]).
Liu does not explicitly disclose at least part of the liquid inlet surface and the vapor outlet surface is a spherical surface.
However, Bao, directed to a piezoelectric ceramic atomizing sheet (Fig. 1, [0029]), discloses:
An arc shaped convex structure (i.e. at least part of the surface is a spherical surface) formed on the atomization zone (5) of a metal diaphragm (1, Fig. 1, [0029, 0033]) which allows condensed vapor to accumulate on the surface of the atomization zone (5) improving the atomization effect ([0033]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu by forming the liquid inlet surface (12) and corresponding vapor outlet surface with a convex/spherical structure as taught by Bao because both Liu and Bao are directed to vaporization devices, Bao teaches the convex/spherical structure allows condensed vapor to collect which improves atomization, and this involves applying a known convex/spherical structure to a similar ultrasonic vaporization assembly to yield predictable results.
Regarding claim 11, Liu discloses the metal piece (14) is provided with vapor outlet holes (micropores) that pass through the metal piece (14) such that they penetrate the liquid inlet surface (12) and vapor outlet surface (Fig. 1c, [0020]).
Liu is silent to the cross section of the holes.
However, Bao, directed to a piezoelectric ceramic atomizing sheet (Fig. 1, [0029]), discloses:
Conical atomization holes (5a) in the atomization area (5) of a metal diaphragm (1) where the larger diameter end of the conical atomization hole is formed on the liquid inlet side (Fig. 1, Fig. 2, [0033]), and
The liquid flows out of the small diameter end which generates an acceleration and compression process, resulting in a good atomization effect ([0033]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu by forming the vapor outlet holes with a conical shape having a larger diameter on the liquid inlet side and smaller diameter on the vapor outlet side as taught by Bao because both Liu and Bao are directed to vaporization devices, Bao teaches the conical holes improves atomization, and this involves applying a known hole shape to a similar ultrasonic vaporization assembly to yield predictable results.
Claims 7, and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 205922888 U, as cited on IDS dated 06/21/2023, hereinafter referring to the English translation provided) in view of Chen (CN 108013512 A, as cited on IDS dated 06/21/2023, hereinafter referring to the English translation provided).
Regarding claim 7, Liu discloses the heating layer (15) is attached to the first support surface (Fig. 1c).
Liu does not explicitly the heating layer is sandwiched between a first and second insulating layer, where the first insulating layer is attached to the first support surface.
However, Chen, directed to a flexible tobacco heating assembly (Fig. 1, [0035]), discloses:
A flexible tobacco heating assembly comprising a flexible heating element (1) having insulating layers (2) adhered to the upper and lower walls of the heating element (1, Fig. 5, [0049]), and
The flexible heating element provides more uniform heating ([0022-0023])
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu by providing the heating layer sandwiched between two insulating layers as taught by Chen because both Liu and Chen are directed to vaporization devices, Chen teaches the heating element sandwiched between two insulating layers promotes uniformed heating, and this involves applying a known insulating structure to a similar heating element in a similar vaporizer to yield predictable results.
Liu discloses the heating layer (15) is in contact with the first support surface of the metal piece (14, Fig. 1c) and Chen discloses a heater sandwiched between two insulating layers (Fig. 5, [0049]). Therefore, the combination of Liu and Chen results in the first insulating layer of Chen being in contact with the first support surface of Liu.
Regarding claim 12, Liu discloses a heating layer (15) that forms a circular shape having an opening surrounding the liquid inlet surface (12, Fig. 1c). Chen discloses insulating layers (2) adhered to the upper and lower walls of a heating element (1, Fig. 5, [0049]). Therefore, the combination of the heating layer (15) of Liu and the insulating layers (2) of Chen results in a first and second insulating layer having through holes corresponding to the liquid inlet surface (Liu: 12) such that liquid can pass through to be in contact with the liquid inlet surface (12) and enter the vaporization holes.
Regarding claim 13, Chen does not explicitly disclose the thickness of the insulating layers (2).
However, Chen discloses the total thickness of the flexible tobacco heating assembly is greater than 0.18mm ([0038]) and thickness of the heating element is 0.03-1.0mm ([0042]). The insulating layers are shown as having substantially the same thickness (Fig. 5). Therefore, a person having ordinary skill in the art could have reasonably arrived at an embodiment where the thickness of the insulating layers is in a range that overlaps with the claimed range.
Regarding claim 14, Liu discloses the heating assembly (15) comprises a heating wire or heating line (i.e. a heating layer) printed on the metal piece (14, Fig. 1c).
Liu is silent to the thickness of the heating layer (15).
However, Chen, directed to a flexible tobacco heating assembly (Fig. 1, [0035]), discloses:
A flexible tobacco heating assembly comprising a flexible heating element (1, Fig. 1, [0035]) where the thickness of the heating element is 0.03-1.0mm ([0042]). The claimed range overlaps with the range taught by the prior art and is therefore considered prima facie obvious.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu providing the heater with a thickness of 0.03-1.0mm as taught by Chen because both Liu and Chen are directed to vaporization devices, Liu teaches a heating layer but is silent to the thickness, Chen teaches a similar heater having a known thickness, and this involves applying a known thickness to a similar heater in a similar vaporizer to yield predictable results.
Claim 8 rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 205922888 U, as cited on IDS dated 06/21/2023, hereinafter referring to the English translation provided) in view of Chen (CN 108013512 A, as cited on IDS dated 06/21/2023, hereinafter referring to the English translation provided), as applied to claim 7 above, further in view of Reevell (US 20220312843 A1).
Regarding claim 8, Liu discloses a heating layer (15) for heating the liquid near the liquid inlet area (12) enhance ultrasonic atomization and prevent the vaporization holes from being blocked and heat insulating portion (13) for preventing heat transfer to the piezoelectric ceramic region (11) to improve the service life of the piezoelectric ceramic piece (111, Fig. 1c, [0040]).
Liu or Chen do not explicitly disclose the thermal conductivity of the second insulating layer is higher than the thermal conductivity of the first insulating layer.
However, Reevell, directed to a thin film heater (Fig. 2, abstract), discloses:
A heating element (20) sealed between two films (30, 50, Fig. 2, [0063]), and
The layers of the thin film heater are configured to provide increased heat transfer in one direction by modifying the thermal conductivity of the films to promote heat transfer toward the heating chamber, such as the film facing the heating chamber has a higher thermal conductivity relative to the opposing film ([0038]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu, in view of Chen, by proving the second insulating layer facing the liquid chamber with a high thermal conductivity than the first insulating layer as taught by Reevell because both Chen and Reevell are directed to heaters for vaporization devices, Liu teaches the heating layer heats the liquid in the chamber to promote atomization while preventing heating of the piezoelectric ceramic piece, and Reevell teaches heater is sealed between two films of different thermal conductivity to promote heat transfer in one direction, and this involves applying a known insulating structure to a similar thin film heater to yield predictable results.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 205922888 U, as cited on IDS dated 06/21/2023, hereinafter referring to the English translation provided) in view of Fraser (US 20190133186 A1) and (Reevell US 20220312843 A1).
Regarding claim 9, Liu discloses the heating assembly (15) comprises a heating wire or heating line (i.e. a heating layer, Fig. 1c) and the e-liquid storage medium (52) may comprise an e-liquid storage cotton ([0031]).
Liu does not explicitly disclose the heating layer is encapsulated in a third insulating layer, or a bonding layer attached to the first support surface.
However, Fraser, directed to a vaporizer (Fig. 2, [0040]), discloses:
A heating element (39) embedded within an electrically insulating wick material (37, “third insulating layer”, Fig. 2, Fig. 3, [0040]), and
Providing the heating element within the wick maximizes vapor production ([0004-0007])
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu providing the heater embedded in an electrically insulating wick layer as taught by Fraser because both Liu and Fraser are directed to vaporization devices, Liu teaches the ultrasonic atomization sheet may be used with an oil storage cotton/wick but is silent to the arrangement of the wick, Fraser teaches a heater and wick arrangement that maximizes vapor production, and this involves applying a known heater and wick arrangement to a similar vaporizer to yield predictable results.
Liu discloses a heater assembly (15) may be printed on the metal piece (14, [0020]). Chen is silent to the means of affixing the heater assembly to a surface.
However, Reevell, directed to a thin film heater (Fig. 2, abstract), discloses:
A thin film heater (100) comprising a heating element (20) sealed between two films (30, 50) where the thin film heater (100) is attached to a heating chamber by an adhesive film (“bonding layer”, Fig. 2, [0019-0020, 0063]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Liu, in view of Fraser, affixing the heater to the first surface of the metal piece using an adhesive/bonding layer as taught by Reevell because both Liu and Reevell are directed to heaters for vaporization devices, Liu and Chen are silent to the attachments means of the heater, Reevell teaches using an adhesive layer to attach a thin film heater, and this involves applying a known attachment means to a similar thin film heater in a similar vaporizer to yield predictable results.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (CN 205922888 U, as cited on IDS dated 06/21/2023, hereinafter referring to the English translation provided).
Regarding claim 10, Liu does not explicitly disclose the heating assembly is configured to be enabled before the ultrasonic vaporization assembly (1, Fig. 1c).
However, Liu discloses the heating assembly/ heating layer (15) is for heating the liquid near the liquid inlet area (12) to enhance ultrasonic atomization and prevent the vaporization holes from being blocked (Fig. 1c, [0040]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to configure the heating assembly to be enabled before the ultrasonic vaporization assembly to heat the liquid near the liquid inlet area (12) before the ultrasonic vaporization begins to prevent the vaporization holes in the liquid inlet surface (12) from being blocked and enhance the ultrasonic atomization.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORGAN FAITH DEZENDORF whose telephone number is (571)272-0155. The examiner can normally be reached M-F 8am-430pm 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, the examiner’s supervisor, Philip Louie can be reached at (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.F.D./Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755