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 .
Response to Amendment
Applicant’s amendment to claims 1-6, 8, and 10-11, addition of new claims 14-16, and supporting remarks filed 03/27/2026 (“Amendment”) have been entered. Accordingly, the objections to the drawings and specification and the claim rejections under 35 USC 102-103 and 112 are withdrawn. New rejections under 35 USC 103 are set forth below. Claims 1-16 remain pending and are examined herein.
Response to Arguments
Applicant’s arguments with respect to the claim rejections under 35 USC 102-103 (Amendment p. 9-11) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, the Examiner agrees that Zhu fails to anticipate the amended claim language. The new rejection of claim 1 under 35 USC 103 sets forth a change in shape, size, and/or proportion of Zhu’s main body element 41 and fixing element 42.
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.
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 1-8 and 10-16 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu (CN 211021004 U, previously cited with English translation).
Regarding claim 1, Zhu is directed to an electronic cigarette and its heating element (Title). The electronic cigarette includes a heating component 22 (a “vaporization core” as claimed) including a liquid absorber 30 (“liquid absorbing assembly”) and the heating element 40 (“heating assembly”) ([0031], Figs. 3-7):
The liquid absorber 30 includes lower and upper portions with lower and upper end faces 32, 31 ([0032], Figs. 3-7) (which reads on “a bottom portion and a side portion connected to a side of the bottom portion”, compare Fig. 4 reproduced below with Applicant’s Fig. 3 showing bottom wall/portion 210 and side wall/portion 220). The lower end face 32 (“vaporization surface”) receives the partially exposed heating element 40 ([0032], Fig. 4).
The heating element 40 is partially embedded in the liquid absorber 30 and includes a main body element 41 (“heat generating element”), pins 43, 44 (“electrode portion”), a main body portion 410 (“heat generating portion”), and a fixing element 42 (“first embedding portion”) ([0032-33, 0041], Fig. 4).
The main body portion 410 and pins 43, 44 are disposed in the lower portion of the liquid absorber 30 and are exposed on lower end face 32 (which reads on “wherein the heat generating portion and the electrode portion are disposed in the bottom portion and exposed to the vaporization surface”) ([0033, 0041], Figs. 3-4). The fixing element 42 is embedded in the lower portion and extends toward the upper portion (which reads on “the first embedding portion is embedded in the bottom portion and in thermal communication with the side portion”) ([0033, 0036], Fig. 4).
The main body element 41 is bent into a continuous waveform with numerous linear main body portions 410 (each portion reading on a “first linear unit”) and fixing elements 42 ([0033], Fig. 4), which reads on “wherein the heat generating element is bent and comprises at least one first linear unit”. However, Zhu’s fixing part 42 extends parallel to the main body element 41 ([0036], Fig. 4), and thus Zhu fails to disclose “the at least one first linear unit and the at least one first embedding portion are arranged in series electrical connection” (compare Applicant’s Fig. 1 showing first linear units 111 in series with second linear units 112 with Zhu’s Fig. 4 wherein current can flow between adjacent portions 410 either via connecting part 411 or via fixing element 42).
However, Zhu further discloses a cutout portion 422 of the fixing element 42 ([0039], Fig. 4). The cutout portion 422 is a square hole which saves on material costs [0039]. If the cutout portion 422 were extended further into the connecting part 411, as shown in the annotated Fig. 4 below, then the linear main body portions 410 and the fixing elements 42 would be arranged in series such that electrical current flowing between adjacent portions 410 must flow through the fixing element 42, which reads on “the at least one first linear unit and the at least one first embedding portion are arranged in series electrical connection”. Such a modification of the cutout portion 422 and/or connecting part 411 is obvious because (1) it involves a mere change in size or proportion of the cutout portion 422 and/or a mere change in shape of the connecting part 411 (see MPEP 2144.04(IV)(A-B); see also In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955); see also In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)) and (2) one of ordinary skill in the art would recognize that extending the cutout portion 422 in this manner would further save on material costs as taught by Zhu.
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Regarding claim 2, the upper portion of the liquid absorber 30 near the upper end face 31 is annular as shown in Figs. 3-7, which reads on “wherein the side portion comprises an annular side portion”. A receiving groove 310 (“liquid storage groove”) is formed in the upper portion of the liquid absorber 30 and is “surrounded” by the lower and upper portions of the liquid absorber 30, as claimed ([0044], Figs. 1, 5-7). The fixing element 42 is embedded in the liquid absorber 30 and extends therethrough (which reads on “wherein the first embedding portion passes through the bottom portion and is embedded in the annular side portion”) ([0036-37], Fig. 4).
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Regarding claim 3, as shown in Figs. 4-7, the upper portion of the liquid absorber 30 near the upper end face 31 has a cross section with two long and two short edges. As further shown in Fig. 4, the fixing element 42 is disposed along the long edges.
Regarding claim 4, Fig. 4 illustrates five fixing elements 42, which reads on “wherein the at least one first embedding portion comprises at least two first embedding portions”. As shown in Fig. 4 and discussed at [0033], each main body portion 410 is connected at each end to a different fixing element 42, which reads on “wherein a first end of a primary first linear unit of the at least one first linear unit is connected to a primary first embedding portion of the at least two first embedding portions, and a second, opposite end of the primary first linear unit is connected to a secondary first embedding portion of the at least two first embedding portions”.
Regarding claim 5, as shown in Fig. 4, there are numerous linear main body portions 410 and same ends of adjacent portions 410 are connected by a fixing element 42, which reads on “wherein a secondary first linear unit of the at least one first linear unit is adjacent to the primary first linear unit such that a first end of the secondary linear unit is connected to the first end of the primary first linear unit by the primary first embedding portion”. The main body portions 410 are disposed in and partially exposed from the lower end face 32 ([0032-33], Fig. 4) (which reads on “wherein the at least two first linear units are disposed in the vaporization surface or in a first plane parallel to the vaporization surface”). A first fixing part 420 of each fixing element 42 is parallel to the overall thickness direction of the main body element 41 (i.e., the first fixing part 420 extends downward) ([0036], Fig. 4), which reads on the claimed “included angle” of 90°.
Regarding claim 6, as shown in Fig. 4, the fixing elements 42 are arranged in two planes which surround the main body portions 410, which reads on “wherein first embedding portions of the at least two first embedding portions at two ends of at least two first linear units of the at least one first linear unit are located in a second plane and a third plane respectively, and the at least two first linear units are located between the second plane and the third plane”.
Regarding claim 7, Zhu discloses the pins 43, 44 as set forth above in the discussion of claim 1, and Zhu further discloses connecting blocks 45, 46 attached to sidewalls of the pins 43, 44, the blocks 45, 46 extending downward into the liquid absorber 30 ([0041], Fig. 4). The pins 43, 44 and the portions of the blocks 45, 46 which are in the same plane as the main body portions 410 read on the “electrode body [] disposed in the first plane and connected to the heat generating element” as claimed. The portions of the blocks 45, 46 extending downward read on the “second embedding portion [] connected to an edge of the electrode body and [] disposed to have an included angle with the first plane…equal to 90°” as claimed.
Regarding claim 8, as shown in Figs. 4-7, the exposed surfaces of the main body portions 410 and the connecting blocks 45, 46 are flush with the lower end face 32, which reads on “exposed surfaces of the at least two first linear units and the electrode body are flush with an outer surface of the bottom portion” (see also [0032-33, 0037, 0040]).
Regarding claims 10-11, as shown in Figs. 5-7, the liquid absorber 30 has an interior body portion (“protruding portion”) extending inward from the lower end face 32 which connects to the upper and lower portions of the liquid absorber 30, which reads on “wherein a protruding portion is disposed on an inner surface of the bottom portion, and the protruding portion is connected to the annular side portion” per claim 10 (compare Figs. 5-7 with Applicant’s Fig. 6 showing protruding portion 212). As further shown, the open cross-section in the upper portion of the liquid absorber 30 is defined by the interior body portion, which reads on “wherein two ends of the protruding portion are respectively connected to the annular side portion corresponding to the two opposite long edges” per claim 11 (compare Figs. 5-7 with Applicant’s Fig. 6 showing protruding portion 212).
Regarding claim 12, Zhu discloses an atomizer 20 (“vaporizer”) including the heating component 22 (“vaporization core of claim 1”) ([0030], Figs. 1-2). The atomizer 20 further includes a bracket 70 (“mounting base”) which receives the heating element 22, and a liquid storage tube 50 (“vaporization sleeve”) [0042], Figs. 1-2) (see Applicant’s Fig. 10 showing mounting base 320 and vaporization sleeve 310).
Regarding claim 13, Zhu discloses the electronic cigarette (“electronic vaporization apparatus”) including the atomizer 20 [0030]. The atomizer 20 stores and heats e-liquid and discharges the atomized smoke [0030], which reads on “the vaporizer being configured to store and vaporize vaporization liquid so as to generate vapor to be inhaled by a user”. The electronic cigarette further includes a battery assembly 10 (“body assembly”) for supplying power to the atomizer 20 [0030].
Regarding claim 14, each fixing element 42 includes two second fixing parts 421 (“at least two second linear units”) and a first fixing part 420 (“third linear unit”) ([0037-38], Fig. 4). As shown in Fig. 4 and discussed at [0038], the second fixing parts 421 extend from the connecting part 411 around the cutout portion 422, and the second fixing parts 421 are connected to each other by the first fixing part 420, which reads on “wherein a first end portion of the third linear unit is connected to a primary second linear unit of the at least two second linear units, and wherein a second end portion of the third linear unit is connected to a secondary second linear unit of the at least two second linear units” (compare Fig. 4 with Applicant’s Fig. 1 showing second linear units 112 and third linear units 113).
Regarding claim 15, the first fixing part 420 is completely embedded in the side wall 33 liquid absorber 30 ([0036], Fig. 6), which reads on “wherein the third linear unit is completely covered by the liquid absorbing assembly”.
Regarding claim 16, the liquid absorber 30 may be made of microporous ceramics [0031], and thus the first fixing part 420 is “completely covered by a porous ceramic material of the liquid absorbing assembly” as claimed.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Zhu (CN 211021004 U) as applied to claim 1, in view of Kimree (CN 111436664 A, previously cited with English translation).
Zhu discloses the main body element 41 of the heating element 40 as set forth above. Zhu fails to disclose that the main body element 41 is a “metal bar or a metal wire” as claimed, but Zhu discloses that the main body element 41 is bent into a continuous waveform [0033]. Zhu further fails to disclose “wherein a plurality of through holes and/or blind holes are defined in the heat generating element and wherein the plurality of through holes and/or blind holes are spaced apart along a longitudinal direction of the heat generating element” as claimed.
Kimree is directed to a heating ceramic body structure (Title). The structure is provided with a heating wire with at least one micro-hole, which advantageously increases the atomization area [0008, 0026]. As shown in Fig. 2, the micro-holes 121 are spaced apart along both length and width directions of the heating wire 12, which reads on “wherein a plurality of through holes and/or blind holes are defined in the heat generating element and wherein the plurality of through holes and/or blind holes are spaced apart along a longitudinal direction of the heat generating element” as claimed. Additionally, one of ordinary skill in the art would recognize that Kimree’s heating wire 12 being in the form of a wire would facilitate bending as taught by Zhu.
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Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to modify Zhu by providing the main body element 41 in the form of a heating wire and further providing micro-holes in the main body element 41 as taught by Kimree, because both Zhu and Kimree are directed to electronic cigarettes and heaters thereof, Zhu teaches bending the element 41 which could be facilitated by using Kimree’s wire, Kimree teaches forming the micro-holes to advantageously increase atomization area, and this would involve combining prior art elements according to known methods to yield predictable results. See MPEP 2143(I); see also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
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 MICHAEL PATRICK MULLEN whose telephone number is (571)272-2373. The examiner can normally be reached M-F 10-7 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H. Wilson can be reached at (571) 270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL PATRICK MULLEN/Examiner, Art Unit 1747 /Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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