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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in People’s Republic Of China on 03/24/2021. It is noted, however, that applicant has not filed a certified copy of the English translation of CN202120605171.2 application.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The disclosure is objected to because of the following informalities: there are multiple grammatical mistakes as shown below.
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The specification refers to Fig. 4 mistakenly instead of Fig. 5 on multiple occasions, especially in paragraphs [33-36].
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Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: the electric terminal should be the second electric terminal.
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Appropriate correction is required.
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.
Claim(s) 1-13, 17-18 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Zhang et al., CN 111657554 (hereafter Zhang).
Regarding claim 1,
An electronic heating device (Fig. 3) comprising: a housing; (1)
a first power connection portion (board 82) arranged in the housing and comprising a first electric terminal (electrode connection point 821, 822);
a second power connection portion arranged in the housing and comprising a second electric terminal (electrode magnetic member 71, 72),
wherein the second electric terminal is movable between a first position and a second position in a direction toward (Fig. 4) or away (Fig. 3) from the first electric terminal respectively,
the second electric terminal is in electrically contact with the first electric terminal when the second electric terminal is at the first position (Fig. 4), the electric terminal is disconnected from the first electric terminal when the second electric terminal is at the second position (Fig. 3);
a storage cup (3) , wherein the storage cup comprises a receiving cavity (31) configured for storing a to-be-heated member,
the storage cup is movable (Page 17 teaches “The cigarette
accommodating cavity 31 is movably arranged in the component
accommodating cavity,”)
in the direction toward (Fig. 4) or away (Fig. 3) from the first electric terminal
to drive the second electric terminal to move between the first position and the second position respectively (Page 20 teaches “When the cigarette
accommodating cavity 31 moves down to a preset position, the second
magnetic attraction member 41 magnetically attracts the conductive member
313 to the first electrode contact portion 711 and the second electrode
contact portion 721 through magnetic force, so that the two are connected.
The preset position is the position where the aerosol substrate is in contact
with the heating element 51 when the aerosol substrate is inserted into the
cigarette accommodating cavity 31.” ) ; and
a heating circuit (5) , configured for heating the receiving cavity, wherein the first
electric terminal and the second electric terminal are electrically connected to the heating circuit. (Page 8 of the attached machine translation teaches “the heating assembly includes a heating element and a mounting seat, the
second electrode magnetic attraction member is provided with an
accommodation groove, and one end of the heating body is connected with
the mounting seat, The other end extends through the accommodating groove
into the cigarette accommodating cavity, one end of the mounting seat close
to the accommodating groove abuts on the inner wall of the accommodating
groove, and the other end is electrically connected to the main board ,” Here second electrode magnetic attraction member is part of second terminal, and main board comprises first electric terminal.)
Regarding claim 2,
The electronic heating device of claim 1, wherein the first power connection portion and the storage cup are respectively located on opposite sides of the second power connection portion across the direction that the second electric terminal is moving. (Annotated Fig. 4)
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Regarding claim 3,
The electronic heating device of claim 1, further comprising a first locking portion, wherein the first locking portion is configured to lock the second electric terminal at the first position when the second electric terminal is at the first position. (Fig. 4 teaches electrode magnetic members 71 and 72 are connected through magnet 312.)
Regarding claim 4,
The electronic heating device of claim 3, wherein the first locking portion is further configured to lock the second electric terminal at the first position by a magnetic attraction force, (Fig. 4 teaches electrode magnetic members 71 and 72 are connected through magnet 312.)
the first locking portion comprises a first magnetic part and a second magnetic part configured to magnetically cooperate with the first magnetic part, (Fig. 4 teaches electrode magnetic members 71 and 72 are connected through magnet 312.)
the first magnetic part is provided by the second power connection portion, and the second magnetic part is provided by the first power connection portion. ( The claim is interpreted as the magnetic parts connect the power connections. Fig. 4 teaches electrode magnetic members 71 and 72 are connected through magnet 312, thus connect main board 82 and heating element 5.)
Regarding claim 5,
The electronic heating device of claim 4, wherein an end of the second power connection portion facing the first power connection portion comprises the first magnetic part. (Page 13 teaches 71 and 72 as electrode magnetic attraction. It is implied from Fig. 5 that whole 71, 72 are magnetic and one end of 71, 72 faces board 82)
Regarding claim 6,
The electronic heating device of claim 4, wherein the first magnetic part and the second electric terminal are integrated into a piece. (Fig. 4 teaches 711 and 721 are coupled to electrode magnets 71, and 72 respectively.)
Regarding claim 7,
The electronic heating device of claim 1, further comprising a second locking portion (41), wherein the second locking portion is configured to lock the second electric terminal at the second position when the second electric terminal is at the second position (Fig. 3).
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Fig. 3 in Zhang
Regarding claim 8,
The electronic heating device of claim 7, wherein the second locking portion is further configured to lock the second electric terminal at the second position by a magnetic attraction force, (Page 18 teaches “When the cigarette accommodating
cavity 31 moves upward, the first magnetic attraction member 312 is
magnetically attracted to the second magnetic attraction member 41, thereby
positioning the cigarette accommodating cavity 31 on the limiting bracket 4,”)
the second locking portion comprises a third magnetic part and a fourth magnetic part configured to magnetically cooperate with the third magnetic part, (Page 18 teaches “When the cigarette accommodating
cavity 31 moves upward, the first magnetic attraction member 312 is
magnetically attracted to the second magnetic attraction member 41, thereby
positioning the cigarette accommodating cavity 31 on the limiting bracket 4,”)
the third magnetic part(312) is provided by the second power connection portion, and the fourth magnetic part (41) is provided by the housing.
Regarding claim 9,
The electronic heating device of claim 8, wherein an end of the second power connection portion facing away from the first power connection portion comprises the third magnetic part. (Fig. 3)
Regarding claim 10,
The electronic heating device of claim 8, wherein the housing further comprises a frame configured for supporting the storage cup, and the fourth magnetic part is located on the frame. (Page 18 teaches “When the cigarette accommodating
cavity 31 moves upward, the first magnetic attraction member 312 is
magnetically attracted to the second magnetic attraction member 41, thereby
positioning the cigarette accommodating cavity 31 on the limiting bracket 4,”. Here limiting bracket 4 is part of the housing frame.)
Regarding claim 11,
The electronic heating device of claim 1, further comprising a third locking portion (311) , wherein the third locking portion is configured to detachably connect the second power connection portion (312) and the storage cup (3) to realize detachably connection between the storage cup and the housing. (The claim is interpreted as storage cup and housing are assembled. Fig. 2 teaches cup 3 and housing 1 are assembled from different pieces.)
Regarding claim 12,
The electronic heating device of claim 11, wherein the third locking portion is further configured to lock the second power connection portion to the storage cup by a magnetic attraction force, (Page 17 teaches “a magnetic attraction portion 311 is protruding from the outer peripheral wall of the cigarette accommodating cavity 31, and the magnetic attraction portion 311 is provided with a notch toward In the lower magnetic attraction groove 3111, the first magnetic member 312 is fixed in the magnetic attraction groove 3111.” )
the third locking portion comprises a fifth magnetic part and a sixth magnetic part configured to magnetically cooperate with the fifth magnetic part, and the fifth magnetic part is provided by the second power connection portion, the sixth magnetic part is provided by the storage cup. (Page 17 teaches “a magnetic attraction portion 311 is protruding from the outer peripheral wall of the cigarette accommodating cavity 31, and the magnetic attraction portion 311 is provided with a notch toward In the lower magnetic attraction groove 3111, the first magnetic member 312 is fixed in the magnetic attraction groove 3111.” Here 312 is part of second power connection portion, 311 is the sixth magnetic part.)
Regarding claim 13,
The electronic heating device of claim 12, wherein an end of the second power connection portion facing the storage cup comprises the fifth magnetic part. (Fig. 3)
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Fig. 3 in Zhang
Regarding claim 17,
The electronic heating device of claim 11, wherein the second power connection portion further comprises a support base configured for mounting the second electric terminal, (Page 8 teaches “the second electrode magnetic attraction member is provided with an accommodation groove, and one end of the heating body is connected with the mounting seat, The other end extends through the accommodating groove into the cigarette accommodating cavity, one end of the mounting seat close to the accommodating groove abuts on the inner wall of the accommodating groove,”)
and the heating circuit comprises a heating element (51) fixed to the support base (52), the heating element is configured for heating the receiving cavity. (Fig. 4)
Regarding claim 18,
The electronic heating device of claim 17, wherein the heating element partially extends into the storage cup, and an extending direction of the heating element that is inside the storage cup is to the same as a moving direction of the storage cup. (Fig. 4)
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.
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to claim 11 above, and further in view of Chen et al., WO 2020034774, (translation US20200305509, hereafter Chen).
Regarding claim 14, The electronic heating device of claim 11, further comprising a cover located at an end of the housing, (Primary combination of references is silent about this.
Chen teaches a cover 100A in Fig. 9A.)
wherein the cover is located on a side of the second electric terminal away from the first position in a moving direction of the second electric terminal, (The claim is interpreted as the cover is positioned upwards of second electric terminal. It is implied from Fig. 9a that cover 100a is in an upward direction from any electric terminal.)
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Fig. 9A in Chen
the cover is detachably mounted on the housing, (Fig. 9a)
the storage cup is installed on the cover, (Fig. 9A teaches cartridge is installed on the cover. Fig. 1a teaches that storage cup 6c is installed on the cover 100a. )
and the storage cup is removed from the housing when the cover is removed from the housing. (Fig. 9a)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add the cover and housing as taught in Chen to the device in Zhang. One of ordinary skill in the art would have been motivated to do so because “In some embodiments, the cartridge 100A and the body 100B may be designed into two separate components. In some embodiments, the cartridge 100A may be designed to be removably combined with the body 100B. In some embodiments, the cartridge 100A may be designed to be partly received by the body 100B” as taught in paragraph [28] in Chen.
Regarding claim 15,
The electronic heating device of claim 14, wherein the storage cup is movably installed on the cover, the electronic heating device further comprises a resetting member between the storage cup and the cover, when the storage cup is moved to drive the second electric terminal to move toward the first position, the resetting member is compressed, (Primary combination of references is silent about this.
Chen teaches in paragraph [40] “When the cartridge 100A and the body 100B are removably combined, the conductive contact 9 compresses the conductive probe 15 and shortens the length of the conductive probe 15.” Here probe 15 is the resetting member.)
and when the resetting member reflexes, the second electric terminal is moved toward the second position. (Chen teaches in paragraph [40] “When the cartridge 100A and the body 100B are removably combined, the conductive contact 9 compresses the conductive probe 15 and shortens the length of the conductive probe 15.” It is implied that when second terminal, hence, cover is removed probe 15 reflexes from the compressed position.)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add the resetting member as taught in Chen to the device in Zhang. One of ordinary skill in the art would have been motivated to do so because “In some embodiments, the cartridge 100A and the body 100B may be designed into two separate components. In some embodiments, the cartridge 100A may be designed to be removably combined with the body 100B. In some embodiments, the cartridge 100A may be designed to be partly received by the body 100B” as taught in paragraph [28] in Chen.
Regarding claim 16,
The electronic heating device of claim 14, wherein the cover is movably mounted on the housing, the cover and the storage cup are configured to synchronously move, (Primary combination of references is silent about this.
Fig. 9A in Chen.)
the electronic heating device further comprises a resetting member between the housing and the cover, when the storage cup is moved to drive the second electric terminal to move toward the first position, the resetting member is compressed, and when the resetting member reflexes, the second electric terminal is moved toward the second position. (Similar scope to claim 15 and therefore rejected under the same argument.)
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang as applied to claim 18 above, and further in view of Zhang et al., CN 111480892 (hereafter Zhang-892).
Regarding claim 19, The electronic heating device of claim 18, further comprising a cleaning blade arranged in the storage cup, wherein the cleaning blade comprises a scraping head configured for abutting against the heating element, (Primary combination of references is silent about this.
Zhang-892 teaches hole 115 inside aerosol containing storage cup 11 in Fig. 3. Hole 115 corresponds to the scraping head.)
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Fig. 3 in Zhang-892
when the storage cup is removed from the housing, the heating element is scraped by the cleaning blade as the storage cup moves. (Page 7, paragraph 5 in Zhang-892 teaches “the aerosol forming substrate 17 is separated, the through hole 115 can scrape the sheet heating element 121 adhered on the scale.”)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add the cleaning blade as taught in Zhang-892 to the device in Zhang. One of ordinary skill in the art would have been motivated to do so in order to clean the heating element.
Regarding claim 20,
The electronic heating device of claim 19, wherein an end of the storage cup facing the second power connection portion comprises an end surface, and the end surface defines a through hole, the heating element is movably inserted into the storage cup through the through hole, (Fig. 2 in Zhang)
and the cleaning blade is arranged in the through hole and surrounds the heating element. (Primary combination of references is silent about this.
Fig. 3 in Zhang-892 teaches through hole 115 surrounding the heating element wherein hole 115 scrapes the heating element.)
Before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to add the cleaning blade as taught in Zhang-892 to the device in Zhang. One of ordinary skill in the art would have been motivated to do so in order to clean the heating element.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FAHMIDA FERDOUSI whose telephone number is (303)297-4341. The examiner can normally be reached Monday-Friday; 9:00AM-3:00PM; PST.
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/FAHMIDA FERDOUSI/ Examiner, Art Unit 3761
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