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 1-4 and 6-21 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Election/Restriction
Applicant’s election without traverse of Group I (claims 1-15 and 17-18) in the reply
filed on 10/31/2025 is acknowledged.
Claim 16 is withdrawn as being directed to a non-elected invention.
Response to Amendment
The office action is in response to Applicant’s amendment filed on 02/25/2026.
Claims 1 and 6 are amended.
Claim 5 is cancelled.
Claims 19-21 are new.
Response to Arguments
Applicant' s arguments, see pages 4-7, filed 02/25/2026, with respect to the rejection(s) of claims 1-18 under 35 U.S.C. 102 and 103, respectively, have been fully considered and are persuasive. The Applicant has amended claim 1 to include limitations that were not previously presented. Specifically, the Applicant has introduced limitations regarding the preheating member being configured to preheat liquid. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a different interpretation of previously applied prior art. Specifically, Figure 22 is being relied upon of Minskoff, which teaches the wick within the proximal wick housing instead of sleeved outside changing the function of the IR and ER sleeves ([0138]).
The following is a modified rejection based on amendments made to the claims.
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.
Claim(s) 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou et al. (CN-111449300-A, as cited in the IDS dated 06/27/2023 hereinafter referring to the English translation provided).
In regards to claim 20, Zhou, directed to an electronic atomizing device, discloses an atomizing assembly 50 (i.e., heating body) (Figure 4 and [0061]) comprising a porous ceramic body 51 ([0061]) comprising an atomizing medium (i.e., the porous ceramic body with the atomizing medium is the preheating member) ([0062]) and a heating member 52 dispose in the porous ceramic body 51 configured to heat the atomizing medium in the porous body and atomize the e-liquid ([0053] and [0059]).
Zhou further discloses the preheating member 51 is connected to the liquid storage chamber 31 through the liquid guiding hole 411 (i.e., liquid inlet surface), and is used to draw in the atomizing medium from the liquid storage chamber 31.
Zhou further discloses the preheating layer takes in that liquid and conduct the liquid to be atomized ([0061]).
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.
Claims 1-3, 6, 8, 12, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Minskoff et al. (US-20160021930-A1) and further in view of Hu et al. (US-20220279850-A1).
In regards to claim 1, Minskoff directed to a vaporizer device comprising a heating body (abstract and [0110]), the heating body comprising:
A porous ceramic body (refer to annotated Figure 22 below, proximal wick, IR emissive and IR reflective make up the porous ceramic body) comprising a proximal wick housing IR emissive layer (i.e., preheating member), the preheating member comprising a porous infrared ceramic structure ([0130] and [0138]), where IR (thermal) energy emitted from the heating element is reflected from the interior surface of the reflective housing and through the wall of the preheating member to vaporize the liquid in the proximal wick (i.e., preheating member configured to preheat liquid) ([0138]); and
A heating element located on the porous ceramic body (Figure 22), the heating element being configured to provide heat for the preheating member and to vaporize preheated liquid ([0128] and [0138]).
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Minskoff further discloses the heating member comprises a wire or conductive material (i.e., heating portion) and interacts with an infrared layer ([0131]) but does not explicitly disclose an infrared heating layer located on the heating portion.
Hu, directed to an atomizer and electronic cigarette, discloses an atomizer and an electronic cigarette adapted to have a large atomization surface and high heating efficiency heating ([0003]).
Hu further discloses a radiation generating surface provided on a far-infrared radiating component, wherein the far-infrared radiating component is configured for emitting far infrared light which at least partly radiates onto the atomization surface to heat the e-liquid near the atomization surface to generate an aerosol ([0007]).
Hu further discloses a far-infrared radiating component 32 is a far-infrared coating (i.e., infrared heating layer) applied on the radiation generating surface 311 (i.e., heating portion), and the far-infrared coating is capable of emitting far infrared light after electrified ([0044]).
Hu further discloses the efficiency of far infrared heating is high, and the time of preheating of the electronic cigarette is short ([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 Minskoff by modifying the heating portion to have an additional infrared coating, as taught by Hu, because both are directed to electronic cigarettes comprising heating bodies with infrared coatings/layers, Hu teaches the additional infrared coating on a heating portion increases the efficiency and decreases the time of preheating for the device ([0023]), and this merely involves applying a known technique of an additional infrared coating to a heating component of a similar device to yield predictable results.
In regards to claim 2, Minskoff discloses the porous ceramic body comprises a ceramic support member (i.e., substrate),
Wherein the substrate can comprise materials that include macroporous or microporous ceramics ([0129]),
And wherein the heating member is completely located in the preheating member and is close to the substrate (in the layer adjacent the substrate layer) ([0138]).
In regards to claim 3, Minskoff discloses at least one embodiment where the porous ceramic substrate is hollow (figures 17-18 and [0135]),
Wherein the preheating member comprises a hollow porous infrared ceramic structure (hollow because other elements are within the preheating member) (Figure 16),
And wherein the preheating member and the substrate are nested with each other (Figures 16-17).
In regards to claim 6, Modified Minskoff discloses the far infrared coating thickness is 30 to 50 micrometers (Hu [0044]). The range disclosed by the prior art overlaps the claimed range of the infrared layer being from 20 to 500 micrometers and is therefore considered prima facie obvious.
In regards to claim 8, Minskoff discloses a surface of the substrate close to the preheating member can comprise one or more grooves in order to achieve a tight liquid seal ([0146]). Minskoff does not explicitly disclose the preheating member recesses to form a first groove and a surface of the preheating member close to the substrate recesses to form a second groove corresponding to the first groove, wherein the first and second grooves form a heating cavity.
While Minskoff does not explicitly disclose a first and second groove, Minskoff does teach a similar structure, wherein the heating member is wrapped or sintered around the substrate and it would be obvious to one of ordinary skill in the art that grooves would at least be on the substrate (i.e., first groove). Further, it would be obvious that the preheating member, which sleeves around the heating member attached to the substrate could also have a groove so that the heating member can fit into place along the preheating member, which would further create a heating cavity which the heating member is accommodated in, since Minskoff teaching all the components of the heating body claimed in claims 1 and 2.
In regards to claim 12, Minskoff discloses a temperature sensor for measuring the temperature of the vaporization chamber to cut-off the power to the device if the temperature goes above 280 degrees Celsius ([0154]).
While Minskoff does not explicitly disclose a preheating temperature of the preheating member ranges from 40 to 90 degrees Celsius, It would be obvious to one of ordinary skill in the art that Minskoff could teach a preheating temperature of the preheating member within the range claimed since Minskoff teaches all the individual components of claim 1 and teaches the preheating member comprises the same porous infrared ceramic structure as claimed ([0130]). Since the same materials and similar device are taught by Minskoff, it would be obvious to one of ordinary skill in the art that Minskoff would also be able to teach the preheating temperature claimed.
In regards to claim 17, Minskoff discloses a vaporizer comprising:
An absorptive ceramic reservoir (i.e., liquid storage cavity for storing liquid) fluidly coupled with the atomizer assembly for providing the liquid to the atomizer assembly ([0127]); and
The heating body of claim 1, the heating body being configured to absorb the liquid in the liquid storage cavity and vaporize the liquid ([0127]).
In regards to claim 18, Minskoff discloses an electronic device comprising:
A battery (i.e., power supply) ([0124]); and
The vaporizer of claim 17,
Wherein the power supply is electrically connected to the vaporizer to supply power to the vaporizer (claim 1 and [0282]).
In regards to claim 19, Minskoff discloses the heating portion can be a wire ([0137]-[0139]).
Claims 7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Minskoff et al. (US-20160021930-A1) in view of Hu et al. (US-20220279850-A1), as applied to claims 1 and 3 above, and further in view of Qi et al. (US-20220322744-A1).
In regards to claim 7, Minskoff discloses the preheating member is sleeved on the substrate ([0126]) and the substrate is in the shape of a hollow cylinder (Figure 17), but does not explicitly disclose an inner diameter of the substrate ranges from 1.5 mm to 3 mm and the outer diameter of the preheating member ranges from 2.5 to 9mm (I) and the preheating member is in a shape of a hollow cylinder (II).
(I)
The prior art fails to teach the claimed inner diameter of the substrate and the outer diameter of the preheating member. However, it would have been obvious to one of ordinary skill in the art at the time the invention was made to optimize the heating bodies diameters since it has been held that, where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The burden is upon the Applicant to demonstrate that the claimed inner diameter of the substrate and outer diameter of the preheating member is critical and has unexpected results. In the present invention, one would have been motivated to optimize the heating bodies diameters motivated by the desire to make sure all the components of the heating body fit. It also would be obvious to one of ordinary skill in the art that the substrate would have a smaller internal diameter than the diameter of the preheating member because the substrate is nested within the preheating member. Therefore, one of ordinary skill would reasonably conclude the diameter ranges claimed are result effective variables that will affect how the heating body components fit within the heating body.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize the diameters of the inner and outer diameters of the nested components within the heating body to ensure the design can fit within the heating body and fit within the heating device because it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art (see MPEP 2144.05 II(B)).
(II)
Minskoff discloses the preheating member serves to functionally isolate the heating element from the proximal wick with minimal thermal isolation ([0133]) and teaches an almost completely hollow cylinder as the preheating member (Figure 17) but does not explicitly disclose the preheating member is in a hollow cylindrical shape.
Qi, directed to a heater and smoking device including the heater, discloses the heater comprising an aerosol-forming matrix, a base, an infrared radiation layer, and a heating body.
Qi further discloses the preheating member is in the shape of a hollow cylinder (Figure 1).
It would have been obvious to one of ordinary skill in the art that the shape of Minkoff’s heating element could also be in the shape of a hollow cylinder, as taught by Qi, because both are directed to similar heating bodies of similar devices, Minskoff teaches a variety of shapes, a hollow cylinder preheating member would further separate Minskoff heating element from the wick, which is desired, and it would be obvious to apply a shape of a similar heating component of a similar device to yield predictable results.
In regards to claim 11, Minskoff discloses an infrared emissive sleeve (i.e., preheating member), the preheating member comprising a porous infrared ceramic structure ([0130]) but is silent regarding a radiation wavelength of the preheating member and does not explicitly disclose a wavelength of the preheating member ranging from 5 to 20 micrometers.
Qi, directed to a heater and smoking device including the heater, discloses the heater comprising an aerosol-forming matrix, a base, an infrared radiation layer, and a heating body.
Qi further discloses the infrared radiation layer 12 (i.e., preheating member) can generate infrared rays of a certain wavelength after it is heated by absorbing the heat and can use the rays to heat the aerosol-forming matrix by radiation ([0029]).
Qi further discloses the carbides included in the infrared layer, such as silicon carbide, have high emissivity in a large infrared wavelength range, with a wavelength range of 2.3 to 25 micrometers ([0033]).
Therefore, before the effective filing date of the claimed invention, it would be obvious to modify Minskoff, by making the radiation wavelength of the preheating member range from 5 to 20 micrometers, as taught by Qi, because one of ordinary skill in the art would look to a similar reference for a preheating members radiation wavelength of a similar heating member of a similar aerosol-generating device, especially when the original prior art is silent to one, the radiation wavelengths are absorbed and used to heat the aerosol ([0029]), and this merely involves applying a radiation wavelength of a similar heating member to yield predictable results.
Claims 9-10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Minskoff et al. (US-20160021930-A1) in view of Hu et al. (US-20220279850-A1), as applied to claim 1 above, and further in view of Zhou et al. (CN-111449300-A, as cited in the IDS dated 06/27/2023 hereinafter referring to the English translation provided).
In regards to claims 9-10, Minskoff discloses a porous preheating member ([0130]), but is silent regarding the porosity of the preheating member and the median pore size of the preheating member. Minskoff does not explicitly disclose the preheating member comprising a porosity from 30 to 80% and a median pore size of the preheating member from 10 to 100 micrometers.
Zhou, directed to an electronic atomizing device, discloses an atomizing assembly 50 (i.e., heating body) (Figure 4 and [0061]) comprising a porous ceramic body 51 ([0061]) comprising an atomizing medium (i.e., the porous ceramic body with the atomizing medium is the preheating member) ([0062]) and a heating member 52 dispose in the porous ceramic body 51 configured to heat the atomizing medium in the porous body and atomize the e-liquid ([0053] and [0059]).
Zhou further discloses the preheating body has a porosity from 40 to 85% and a median pore size from 5 to 100 micrometers ([0061]). The range disclosed by the prior art overlaps the claimed range of the preheating member having a porosity of 30% to 80% and a median pore size from 10 to 100 micrometers, respectively, and is therefore considered prima facie obvious.
Therefore, before the effective filing date of the claimed invention, it would be obvious to modify Minskoff by making the porosity and pore size of the preheating member what is claimed, as taught by Zhou, because one of ordinary skill in the art would look to a similar reference for a known porosity and pore size in the art of a similar aerosol-generating device comprising a similar porous ceramic heating material, especially when the original prior art is silent to one, and this merely involves applying a known porosity and pore size of a similar porous ceramic material to yield predictable results.
In regards to claim 13, Minskoff discloses a heating element that conducts electric current ([0111]), but is silent to the heating members resistance value and does not explicitly disclose a resistance of the heating member ranging from 0.5 to 1.5 ohms.
Zhou, directed to an electronic atomizing device, discloses an atomizing assembly 50 (i.e., heating body) (Figure 4 and [0061]) comprising a porous ceramic body 51 ([0061]) comprising an atomizing medium (i.e., the porous ceramic body with the atomizing medium is the preheating member) ([0062]) and a heating member 52 dispose in the porous ceramic body 51 configured to heat the atomizing medium in the porous body and atomize the e-liquid ([0053] and [0059]).
Zhou further discloses the resistance of the heating member is 0.6 to 1.4 ohms ([0034]) and that the resistance range is adapted to the range of human lung capacity inhalation ([0063]). The range disclosed by the prior art overlaps the claimed range of the heating member having a resistance value of 0.5 to 1.5 ohms and is therefore considered prima facie obvious.
Therefore, before the effective filing date of the claimed invention, it would be obvious to modify Minskoff in view of Zhou, by making the resistance value of the heating member range from 0.5 to 1.5 ohms, as taught by Zhou, because one of ordinary skill in the art would look to a similar reference for a heating member resistance value of a similar heating member of a similar aerosol-generating device, especially when the original prior art is silent to one, the resistance value of the heating member is adapted to the range of human lung capacity for inhalation ([0063]), and this merely involves applying a known resistance value of a similar heating member to yield predictable results.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Minskoff et al. (US-20160021930-A1) in view of Hu et al. (US-20220279850-A1), as applied to claim 1 above, and further in view of Xiao et al. (US-20210030066-A1).
In regards to claims 14-15, Minskoff discloses a porous ceramic substrate ([0129]) but is silent to the porosity of the substrate being from 30 to 80% and a specific pore size of the substrate being from 10 to 100 micrometers.
Xiao directed to a porous component for an electronic cigarette, discloses the porous component includes a porous substrate, an atomizing portion on the substrate, a liquid guiding portion, and a function portion located on the porous substrate ([0005]-[0006]).
discloses a porous ceramic substrate with a porosity from 30 to 70% and a pore size from 10 to 50 micrometers ([0022]). The range disclosed by the prior art overlaps the claimed ranges of the porosity of the substrate ranging from 30 to 80% and the median pore size of the substrate ranging from 10 to 100 micrometers, respectively, and is therefore considered prima facie obvious.
Therefore, before the effective filing date of the claimed invention, it would be obvious to modify Minskoff by making the porosity and pore size of the substrate what is claimed, as taught by Xiao, because one of ordinary skill in the art would look to a similar reference for a known porosity and pore size in the art of a similar aerosol-generating device comprising a similar porous ceramic heating material, especially when the original prior art is silent to one, and this merely involves applying a known porosity and pore size of a similar porous ceramic material to yield predictable results.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (CN-111449300-A, as cited in the IDS dated 06/27/2023 hereinafter referring to the English translation provided), as applied to claim 20 above, and further in view of Minskoff et al. (US-20160021930-A1).
In regards to claim 21, Zhou discloses the preheating member comprising a porous ceramic ([0061]) but does not explicitly disclose the preheating member is configured to preheat the liquid by radiating infrared rays.
Minskoff directed to a vaporizer device comprising a heating body (abstract and [0110]), the heating body comprising a porous ceramic body with a proximal wick housing IR emissive layer (i.e., preheating member), wherein the preheating member comprises a porous infrared ceramic structure ([0130] and [0138]), where IR (thermal) energy emitted from the heating element is reflected from the interior surface of the reflective housing of the IR emissive sleeve layer and through the wall of the preheating member to vaporize the liquid in the proximal wick (i.e., preheating member configured to preheat liquid by radiating infrared rays) ([0138]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhou by modifying the porous ceramic body to further comprise an IR emissive sleeve as taught by Minskoff because both are directed to porous ceramic heating assemblies, Minskoff teaches infrared energy emitted from the heating element is reflected from the interior surface of the reflective housing to vaporize the liquid ([0138]) , and this merely involves applying a known technique of using an IR emissive sleeve to vaporize a liquid of a similar heating assembly to yield predictable results.
Allowable Subject Matter
Claim 4 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 4, no prior art alone or in combination with references discloses a heating body as defined in claim 1 and further comprising the heating member spirally distributed on the substrate.
Minskoff et al. (US-20160021930-A1) directed to a vaporizer device comprising a heating body (abstract and [0110]), the heating body comprising:
A porous ceramic body (refer to annotated Figure 22 below, proximal wick, IR emissive and IR reflective make up the porous ceramic body) comprising a proximal wick housing IR emissive layer (i.e., preheating member), the preheating member comprising a porous infrared ceramic structure ([0130] and [0138]), where IR (thermal) energy emitted from the heating element is reflected from the interior surface of the reflective housing and through the wall of the preheating member to vaporize the liquid in the proximal wick (i.e., preheating member configured to preheat liquid) ([0138]); and
A heating element located on the porous ceramic body (Figure 22), the heating element being configured to provide heat for the preheating member and to vaporize preheated liquid ([0128] and [0138]).
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Minskoff further discloses the heating member comprises a wire or conductive material (i.e., heating portion) and interacts with an infrared layer ([0131])
Minskoff further discloses the preheating member is sleeved on the substrate (Figure 22 and [0138]) and the heating component spirally distributed on the preheating layer ([0138]-[0139]).
Minskoff differs from the instant invention in that Minskoff does not teach the substrate comprising the heating component spirally distributed on it, and further teaches away from the substrate comprising the heating component because Minskoff teaches the wick (substrate) is purposely isolated from the heating element and therefore there would be no reasonable combination of references with Minskoff to teach the identified substrate with a heating member spirally distributed on the substrate.
Zhou et al. (CN-111449300-A, as cited in the IDS dated 06/27/2023 hereinafter referring to the English translation provided), directed to an electronic atomizing device, discloses an atomizing assembly 50 (i.e., heating body) (Figure 4 and [0061]) comprising a porous ceramic body 51 ([0061]) comprising an atomizing medium (i.e., the porous ceramic body with the atomizing medium is the preheating member) ([0062]) and a heating member 52 dispose in the porous ceramic body 51 configured to heat the atomizing medium in the porous body and atomize the e-liquid ([0053] and [0059]).
Zhou further discloses a heating member spirally disposed on the ceramic porous body, however Zhou differs from the instant invention in that Zhou is silent to the porous ceramic structure comprising a preheating member and a substrate.
Cheng et al. (CN-111264903-A, hereinafter referring to the English Translation provided), directed to a heating device for heating tobacco cartridges and a heated non-combustible cigarette, discloses the heating component is distributed on an infrared ceramic component and further discloses the heating component can be a wire ([0035]).
Cheng differs from the instant invention in that Cheng is silent to the porous ceramic structure comprising a preheating member and a substrate and further does not disclose a preheating member for preheating liquid.
As such, no prior art appears to disclose or reasonably suggest a discloses a heating body as defined in claim 1 and further comprising the heating member spirally distributed on the substrate as recited in claim 4 and therefore claim 4 is indicated as having allowable subject matter.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADELEINE PAULINA DELACRUZ whose telephone number is (703)756-4544. The examiner can normally be reached Monday - Friday 8-5.
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/MADELEINE P DELACRUZ/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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