DETAILED ACTION
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 8 is objected to because of the following informalities:
Claim 8 recites “a PCB board”. The first use of this acronym in the claims must be expanded. Further “PCB board” is redundant because PCB stands for “printed circuit board” so the claim recites “printed circuit board board” as written.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5-6 and 9-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation "the buckle structure". There is insufficient antecedent basis for this limitation in the claim. This claim should recite “a buckle structure”. See MPEP 2173.05(e).
Claim 6 recites the limitations "the inner wall", “the first clamping part”, and “the second clamping part”. There is insufficient antecedent basis for these limitations in the claim. The first instance of each element should be proceeded by article “a”.
Claim 9 recites the limitation "the key". There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, claim 9 is examined as if it depends from claim 8.
Claim 9 recites the limitation " the wireless charging coil ". There is insufficient antecedent basis for this limitation in the claim. As with Claim 6, the first instance of a recited element requires the use of the article “a”.
The term “far away” in claim 9 is a relative term which renders the claim indefinite. The term “far away” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For purposes of examination, far away is considered to be any distance that is not in abutting contact.
Claim 10 is rejected insomuch as it depends on claim 8.
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.
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 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over US 20110036363 A1 (hereinafter URTSEV) in view of US 20180360118 A1 (hereinafter CHEN).
Regarding claim 1, URTSEV discloses a smokeless pipe comprising a bowl, a shank, and a stem (abstract, Fig. 1-2). URTSEV discloses that there is a need for a technical solution which simulates smoking of a pipe instead of a cigarette (¶7). URTSEV discloses a housing. URTSEV discloses that the body of the device has walls (¶44) including that the body of the wall has thicker walls. URTSEV further discloses that the pipe has an assembly cavity (Figs. 1, bowl 1, ¶62). URTSEV further discloses a mounting part (Fig. 1 and 5, shank 2) is provided on the outer peripheral surface of said housing in circumferential direction. URTSEV discloses that the shank 2 extends from the bowl (Figs. 3-4, ¶64). USTSEV discloses that the mounting part is arranged with a mounting cavity (Figs. 3-4, air channel 5, ¶64) said mounting cavity is communicated with the assembly cavity. URSTEV discloses that the air channel connects the bowl, the shank and the stem with a bit (¶24).
URSTEV further discloses the housing is also provided with an air inlet communicated with the mounting cavity (¶66). USTSEV discloses that the pipe is provided, through the wall, with an additional channel connecting it to the atmosphere (¶66).
URTSEV further discloses a host structure is disposed within the assembly cavity (¶66). URTSEV discloses that the bowl (i.e. assembly cavity) has a mode selection switch and elements to produce visualization of smoke flow (¶66). URTSEV discloses that the user can control the device operation in 4 different modes (each detailed ¶73-¶76). This is considered to read upon a host structure that controls as disclosed in the instant application.
URTSEV further discloses a connecting structure is arranged in the mounting cavity and is electrically connected with the host structure. URTSEV discloses that the heating unit and mode selection switch are all connected to a power supply (¶12). As shown in Fig. 4 and 7, there is a power source 8 and the combination of the sound source, selections switch, and visualization element (i.e. host structure) makes an electrical connection the power source.
URTSEV further discloses an atomizing core can generate smoke. URTSEV discloses a combination of elements that read upon an atomizing core that can generate smoke. URSTEV discloses an electric heating unit 7 (¶62) that heats the air that is then drawn through the carrier 6 that is a porous or hygroscopic material saturated with a solution to be delivered to the user (¶63). This is an atomizing core that can generate smoke.
URSTEV further discloses a cigarette holder (Fig. 1, stem 3, ¶72) is provided with an accommodating cavity and a smoke outlet (Fig. 1, bit 4) communicated with the accommodating cavity (As shown in Fig. 3). URSTEV further discloses that the cigarette holder is detachably connected with the mounting part or the connecting structure. URSTEV discloses that the stem 3 is detached from the shank 2, a flavoring agent 6 is inserted, and then the shank and stem are connected (¶72).
URSTEV discloses when the cigarette holder is connected with the mounting part or the connecting structure, the atomizing core is positioned in the accommodating cavity. When the shank and stem are connected, the atomizing core containing the flavoring agent is inside an accommodating cavity (See Fig. 5, ¶72).
URTSEV does not disclose that the atomizing core is detachably connected with the connecting structure, and when the atomizing core is connected with the connecting structure, the atomizing core is electrically connected with the connecting structure.
URTSEV does disclose that the flavor carrier 6, is placed in an open pipe (¶72). However, this is not a fully detachable atomizing core because the heating element is not able to be detached from the structure.
CHEN teaches an atomizing assembly structure that is easy to disassemble with an atomizing sleeve and a threaded atomizing core (abstract). CHEN teaches an atomizing core 6 (Figs. 3-4, ¶23). CHEN teaches that the atomizing core defines a hollow airflow chancel that aligns with the air passage pipe for delivery to the user (¶23). A tobacco liquid absorbing piece 611 is in the core and a heating wire 612 heats the liquid (¶23). This core is detachable from the device as shown in Fig. 4. CHEN teaches that technical problem to be solved is to provide an atomizing assembly that is easy to disassemble, easy to clean, and convenient to refile tobacco and is leak proof (¶4). CHEN teaches that it is beneficial for the core to be replaceable and clean (¶15).
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 URTSEV to by replacing the heating elements and flavor nicotine carrier with the complete atomizing core that electrically connects to the device as taught in CHEN. A person of ordinary skill in the art would obviously provide that the entire core is detachably connected. Doing so would allow the user to replace and clean the core in a convenient and intuitive manner (CHEN ¶15).
Regarding claim 2, modified URTSEV discloses the electronic atomizer with tobacco pipe shape of claim 1 as discussed above. URTSEV further discloses wherein said mounting part and housing are integrally formed. As shown in Figs. 2-5, the mounting part is part of the housing. This is directly analogous to applicant’s drawings where the walls of the housing form the mounting part.
Regarding claim 3, modified URTSEV discloses the electronic atomizer with tobacco pipe shape of claim 2 as discussed above. URTSEV further discloses said mounting part is formed by extending the outer peripheral surface of the housing outwards so that the mounting part protrudes out of the housing. The mounting portion 120, where it curves, is considered to be the “extending the outer peripherical surface”. URTSEV discloses the same curving portion of a pipe that extends from the surface of the housing to protrude from the bowl.
PNG
media_image1.png
435
523
media_image1.png
Greyscale
PNG
media_image2.png
411
708
media_image2.png
Greyscale
[AltContent: arrow][AltContent: textbox (mounting part is formed by extending the outer peripheral surface of the housing)]
Regarding claim 4, modified URTSEV discloses the electronic atomizer with tobacco pipe shape of claim 1 as discussed above. URTSEV does not disclose wherein said atomizing core is in threaded connection with said connecting structure.
CHEN teaches an atomizing assembly structure that is easy to disassemble with an atomizing sleeve and a threaded atomizing core (abstract). CHEN teaches an atomizing core 6 (Figs. 3-4, ¶23). CHEN teaches that the atomizing core is fixed together through threaded connection (¶6). CHEN teaches that because of the threaded connection the atomizing core may be replaced separately once damaged to reduce overall maintenance and replacement cost (¶15). CHEN teaches that technical problem to be solved is to provide an atomizing assembly that is easy to disassemble, easy to clean, and convenient to refile tobacco and is leak proof (¶4). CHEN teaches that it is beneficial for the core to be replaceable and clean (¶15).
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 URTSEV to provide wherein said atomizing core is in threaded connection with said connecting structure as taught in CHEN. A person of ordinary skill in the art would obviously provide threaded. Doing so would allow the user to replace and clean the core in a convenient and intuitive manner (CHEN ¶15). Further, threaded connections are notoriously well-known in the art for securely, but optionally, attaching portions of an atomizer. A person of ordinary skill in the art would obviously apply this known technique of threaded connections to an atomizer (See MPEP 2143 I., (D), (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over URTSEV and CHEN as applied to claim 1-4 above and in further view of US 20200008467 A1 (hereinafter OUYANG).
Regarding claim 5, modified URTSEV discloses the electronic atomizer with tobacco pipe shape of claim 1 as discussed above. URTSEV does not disclose wherein said connecting structure is connected with the mounting part through the buckle structure.
OUYANG teaches a heating device and an electronic cigarette applying the heating device with multiple components resulting in a technical solution facilitating effective cleaning for the user (abstract). OUYANG teaches that the base body is provided with a first connecting part and the battery component is provided with a second connecting part (Figs. 2-3, ¶41). OUYANG teaches that the connecting parts cooperate so that the body is detachably mounted (¶41). OUYANG teaches that the connecting manner may be a buckle (¶41).
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 URTSEV to provide wherein said connecting structure is connected with the mounting part through the buckle structure as taught in OUYANG. A person of ordinary skill in the art would obviously use a buckle structure to selectively attach parts of an atomizer. Doing so would allow for easy cleaning of the device (¶15). Further, this is a simple substitution of a connection type already well-known in the art. (See MPEP 2143 I., (B), (B) Simple substitution of one known element for another to obtain predictable results). A person of ordinary skill in the art would obviously use threads, buckles, pins, etc., all taught in OUYANG, to enable attachment and detachment of separate portions of an atomization device with predictable results for cleaning.
Regarding claim 6, modified URTSEV discloses the electronic atomizer with tobacco pipe shape of claim 5 as discussed above. URTSEV does not disclose wherein the inner wall of the mounting part is provided with the first clamping part, on said connecting structure is provided with the second clamping part, and the first clamping part and the second clamping part are clamped with each other.
OUYANG teaches a heating device and an electronic cigarette applying the heating device with multiple components resulting in a technical solution facilitating effective cleaning for the user (abstract). OUYANG teaches an embodiment where an elastic clamping part is mounted in the installing groove (¶36). The inner wall of the installing groove is provided with an elastic plastic ring to form an elastic clamping part. These are considered to be a first clamping part and a second clamping part (installing groove and plastic ring respectively) to form the clamping connection structure.
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 URTSEV to provide wherein the inner wall of the mounting part is provided with the first clamping part, on said connecting structure is provided with the second clamping part, and the first clamping part and the second clamping part are clamped with each other as taught in OUYANG. A person of ordinary skill in the art would obviously use clamping to selectively attach parts of an atomizer. Further, this is a simple substitution of a connection type already well-known in the art. (See MPEP 2143 I., (B), (B) Simple substitution of one known element for another to obtain predictable results). A person of ordinary skill in the art would obviously use threads, buckles, pins, clamps etc., all taught in OUYANG, to enable attachment and detachment of separate portions of an atomization device with predictable results for cleaning.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over URTSEV, CHEN, and OUYANG claims 5-6 above and in further view of US 20180310627 A1 (hereinafter QIU).
Regarding claim 7, modified URTSEV discloses the electronic atomizer with tobacco pipe shape of claim 5 as discussed above. URTSEV does not disclose the connecting structure includes a connection seat, a thread seat, an insulating member, and an electrode, the connection seat is connected to the mounting part, the thread seat is connected to the connection seat, the electrode is disposed in the thread seat, and the electrode and the thread seat are separated by the insulating member, so that the thread seat and the electrode form positive and negative poles; and said thread seat and the electrode are respectively electrically connected with the host structure, the atomizing core is in threaded connection with the thread seat, and when the atomizing core is connected with the thread seat, the atomizing core is simultaneously in contact with the electrode.
QIU teaches an atomizing head with a main body seat and a heating member (abstract). QIU teaches that assembly includes a lower cover 11 and an electrode contacting assembly 13 (Figs. 2-3, ¶45). The lower cover has a cover bottom plate with a cylindrical tube 113 protruding from a center with external threads (¶45). Internal to the threaded cylindrical tube 113 is the electrode contacting assembly 13 (Fig. 3, ¶45). This assembly includes an insulating ring 132 and a first anode 131 and second anode 134 contacting member. These members are insulated by insulating rings (132 and 134). This configuration electrically connects the head the battery assembly as discussed in the second embodiment (¶59). QIU teaches another embodiment where the atomizing assembly includes an atomizing seat 26, a heating assembly, an electrode conductor, and a connector (¶63). This embodiment uses pins to connect the anode and the cathode as well as an insulating member (¶63). QIU teaches that the inclusion of an insulating ring improves the sealing function (¶45).
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 URTSEV to provide the connecting structure includes a connection seat, a thread seat, an insulating member, and an electrode, the connection seat is connected to the mounting part, the thread seat is connected to the connection seat, the electrode is disposed in the thread seat, and the electrode and the thread seat are separated by the insulating member, so that the thread seat and the electrode form positive and negative poles; and said thread seat and the electrode are respectively electrically connected with the host structure, the atomizing core is in threaded connection with the thread seat, and when the atomizing core is connected with the thread seat, the atomizing core is simultaneously in contact with the electrode as taught in QIU. A person of ordinary skill in the art would obviously make electrical connections with electrodes guided by threaded connections and sealed with insulating members. Doing so would improve sealing function, provide electrical connection, and prevent leakage of liquids to the electrical portions (QIU ¶45). A person of ordinary skill in the art would obviously apply the known technique of threaded connections with internal electrodes surrounded by insulating members an electronic atomizer with a tobacco pipe shape. (See MPEP 2143 I., (D), (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over URTSEV and CHEN as applied to claim 1-4 above and in further view of US 20220061399 A1 (hereinafter FERRIE).
Regarding claim 8, modified URTSEV discloses the electronic atomizer with tobacco pipe shape of claim 1 as discussed above. URTSEV discloses wherein the host structure includes a board and a key, the board is disposed in the assembly cavity, and the key is disposed on the end surface of the housing along the axial direction and electrically connected to the board.
URTSEV discloses that the pipe is provided with mode selection switches and an integrated circuits which can comprise software elements to control power consumers (¶37). The integrated circuits read on the board of the instant application. This structure is within the bowl as shown in Fig. 7. URTSEV further disclose a visualization element 18 (¶66). This visualization element 18 is considered to read upon applicant’s recitation of “a key”. As shown in Fig. 7, the key is disposed on the end surface of the housing and connected to the integrated circuits (¶66).
URTSEV does not disclose that the controller is a PCB board.
FERRIE teaches a smoking substitute system (abstract). FERRIE teaches that the device comprises a controller to control a function of the device with a microcontroller that may be mounted on a printed circuit board (¶49). FERRIE teaches that the controller may be configured to controller the operation of the heater and control vaporization (¶50).
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 URTSEV to provide that the circuit board is a PCB board as taught in FERRIE. URTSEV discloses the use of an integrated circuit that comprises required software elements to control power consumers. A person of ordinary skill in the art would obviously use a PCB board as an integrated circuit. Doing so would control the vaporization (FERRIE ¶49-¶50). A person of ordinary skill in the art would obviously apply the known prior art element of printed circuit boards as the circuit to control the device with internal electrodes surrounded by insulating members an electronic atomizer with a tobacco pipe shape. This is a simple substitution of a circuit board type already well-known in the art. (See MPEP 2143 I., (B), (B) Simple substitution of one known element for another to obtain predictable results). A person of ordinary skill in the art would obviously use a PCB all taught in FERRIE, to enable control vaporization with predictable results for cleaning.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over URTSEV and CHEN as applied to claim 1-4 above and in further view of US 20200146344 A1 (hereinafter CONTRERAS) as evidenced by All About Circuits internet article “A World Without Cords: An Overview of Wireless Charging” (hereinafter CIRCUITS).
Regarding claim 9, modified URTSEV discloses the electronic atomizer with tobacco pipe shape of claim 1 as discussed above. URTSEV does not disclose the host structure also includes the wireless charging coil, which is arranged on one end of the mounting cavity that is far away from the key, and is electrically connected to the PCB board.
CONTRERAS teaches a rechargeable battery-operated smoking pipe with wireless charging (abstract). CONTRERAS teaches that the bowl has a built in battery that is rechargeable with its own predesigned wireless charger as well as any wireless charger (¶8). CONTRERAS teaches that the wireless charging technology enables the customer to charge without the need for physical wires (¶51). CONTRERAS teaches that the benefits of wireless charging is no need for a power code, able to charge with a simple touch of contact, and no cord hassle (¶54).
It is known that wireless charging inherently uses charging coils, as evidenced by CIRCUITS a wireless charging comprises a base station with a transmitting coil that interacts with a mobile device (in this case the pipe bowl) to transmit power from the base station to the mobile device.
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 URTSEV to provide the host structure also includes the wireless charging coil, which is arranged on one end of the mounting cavity that is far away from the key, and is electrically connected to the PCB board as taught in CONTRERAS and evidenced by CIRCUITS. A person of ordinary skill in the art would obviously integrate the ability to charge the pipe wirelessly. Doing so would benefit the user enabling charging with no need for a power code, able to charge with a simple touch of contact, and no cord hassle (CONTRERAS ¶54). A person of ordinary skill in the art would immediately recognize that wireless charging occurs with coils to transmit power and therefore locate a wireless charging coil in the host structure. Doing so would charge the battery that is then connected to the electronic elements of the pipe with predictable results.
Regarding claim 10, modified URTSEV discloses the electronic atomizer with tobacco pipe shape of claim 8 as discussed above. URTSEV does not disclose a wireless charging base, which is used to support one end of the housing that is far away from the key so as to make the wireless charging coil able to sense said wireless charging base.
CONTRERAS teaches a rechargeable battery-operated smoking pipe with wireless charging (abstract). CONTRERAS teaches that the bowl has a built in battery that is rechargeable with its own predesigned wireless charger as well as any wireless charger (Fig. 8, ¶8, ¶50-¶52). CONTRERAS teaches that the wireless charging technology enables the customer to charge without the need for physical wires (¶51). CONTRERAS teaches that the benefits of wireless charging is no need for a power code, able to charge with a simple touch of contact, and no cord hassle (¶54).
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 URTSEV to provide a wireless charging base, which is used to support one end of the housing that is far away from the key so as to make the wireless charging coil able to sense said wireless charging base as taught in CONTRERAS. A person of ordinary skill in the art would obviously provide a charging base to charge the pipe wirelessly. Doing so would benefit the user enabling charging with no need for a power code, able to charge with a simple touch of contact, and no cord hassle (CONTRERAS ¶54). Regarding the placement of the key, when the device of URTSEV is placed in the base of CONTRERAS the key (i.e. visualization element 18) is away from the charging base. The fact that the device begins charging is considered to read upon the coil sensing the base.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm.
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, 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.
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.
/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747
/Christopher M Rodd/Primary Examiner, Art Unit 1766