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 .
Election/Restrictions
Applicant’s election without traverse of Species 1, and accompanying withdrawal of claims 2-3, in the reply filed on 04/10/2026 is acknowledged. Claims 1 and 4-20 are examined herein.
Priority
The Application Data Sheet lists this application as a continuation-in-part of PCT/CN2021/139805 filed 12/20/2021, which claims priority to CN202110336640.X filed 03/29/2021. Since both applications are not in English and no translation of the certified copy of CN202110336640.X has yet been filed, priority has not yet been perfected. See MPEP §§ 215 and 216. However, both prior applications contain the same Figures as the instant application, and thus it appears to the Examiner that all of the instant claims are entitled to the 03/29/2021 priority date.
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 following title is suggested: CIGARETTE ROD WITH DISPLAY COMPONENT AND ATOMIZATION DEVICE.
Claim Objections
Claims 1 and 17-19 are objected to because of the following informalities:
Claims 1 and 17-18 each recite “and the screen is located” which should recite “and the screen is located” for proper grammar;
Claim 18 recites “a cigarette rod comprises” which should recite “a cigarette rod comprisescomprising” for proper grammar;
Claim 19 recites “substances formable smoke” which is grammatically erroneous. The Examiner recommends reciting “substances formable capable of forming smoke”
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.
Claim 7 is 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “circular” in claim 7 is used by the claim to limit the “first seal part”, and the specification at [0055] similarly describes a circular first seal part 800, but Figs. 3-4, 8-9, and 12 all show a first seal part 800 which is not circular whatsoever. The term is indefinite because the specification does not clearly redefine the term. For purposes of this office action, claim 7 is interpreted as omitting the term “circular”.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 4-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jin (CN 214759157 U, provided in IDS dated 12/22/2023, English translation provided herewith).
Jin discloses the same limitations as those recited in instant claims 1 and 4-20 [n0007, n0010-n0026] and therefore anticipates them.
Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
Claims 1, 4, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gao (CN 111743211 A, English translation provided herewith).
Regarding claim 1, Gao discloses a circuit board structure for an aerosol generating apparatus [0017], which reads on a “cigarette rod for an atomization device” as claimed:
The circuit board structure includes a main body 1 (“housing”) with a circuit board receiving compartment 12 (“installation space”) with a space (“display port”) for accommodating a display screen 86 ([0044-45], Figs. 1-5);
A first bracket 6 (“first bracket”) is located in the circuit board receiving compartment 12 ([0044], Figs. 1-4);
A third motherboard 3 (“power device”) is located on the first bracket 6 ([0047], Figs. 1-3). The third motherboard 3 includes a battery terminal 31 extending into a battery compartment 11 ([0046], Figs. 1-3);
A second motherboard 5 (“circuit board assembly”) is located on the first bracket 6 ([0051], Fig. 1);
Electrical connectors 2 (“conductive device”) couple the three motherboards 3-5 to one another [0051, 0056, 0060], and thus are in electrical connection with the battery terminal 31 and battery compartment 11 ([0046], Figs. 1-3);
A first motherboard 4 (“display unit”) and a display screen 86 (“screen”) are provided in the circuit board receiving compartment 12 ([0044], Figs. 1-3). The first motherboard 4 is connected to the second motherboard 5 [0051] and is arranged on the first bracket 6 ([0048], Figs. 1-3). The first motherboard 4 is arranged below the display screen 86 as shown in Fig. 1 (which reads on “at least part of the display unit is exposed from the display port”), and the display screen 86 is located at an end of the main body 1 covered by a top cover 9 ([0053], Fig. 1) (which reads on “the screen located on the first bracket and/or the housing to cover the display port”).
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Regarding claim 4, the second motherboard 5 and the first motherboard 4 are both located on an upper side of the first bracket 6, as shown in Figs. 1-3, which reads on the claim language.
Regarding claim 17, Gao discloses the third motherboard 3 (“power device”) located on the first bracket 6 (“first bracket”) ([0047], Figs. 1-3), as set forth above in the discussion of claim 1 (which reads on “a first bracket installed in the installation space to install a power device placed in the installation space”). The remaining claim language is identical to that of claim 1 and is similarly anticipated by Gao.
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.
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, 4-6, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (CN 208335659 U, English translation provided herewith).
Regarding claim 1, Qiu discloses a power supply device for an electronic cigarette [0037], which reads on a “cigarette rod for an atomization device” as claimed:
the electronic cigarette includes the power supply device and an atomizer, the power supply device including a display device 100 for displaying light to a user ([0037], Figs. 1-4), which suggests that the device includes an exterior structure with internal space for housing such components and an opening for displaying the light externally (which reads on “a housing, an installation space and a display port defined in the housing”);
the display device 100 includes a connecting frame 90 (“first bracket”) [0050];
the power supply device includes a battery 200 (“power device”) ([0044], Fig. 4). Qiu does not specifically disclose the location of the battery 200, but discloses that the battery 200 is electrically connected to a circuit board 50 [0044] which is fixed on the connecting frame 90 ([0050], Figs. 2-3), and the connecting frame 90 has a pin 901 for connecting to other components (such as the battery 200) [0050], and thus it would be obvious to arrange the battery 200 on the connecting frame 90 (“located on the first bracket”);
a circuit board 50 (“circuit board assembly”) is fixed on the connecting frame 90 ([0050], Figs. 2-3);
Qiu discloses that the battery 200 is electrically connected to the circuit board 50 [0044], and discloses the connector pin 901 (“conductive device”) of the connecting frame 90 for connecting to other components of the power supply device ([0050], Figs. 2-3), and thus it would be obvious to use the connector pin 901 to electrically connect the battery 200 and circuit board 50;
a light source 60 (“display unit”) is mounted on and electrically connected to the circuit board 50 [0037, 0044] (and is therefore fixed on the connecting frame 90, which reads on “wherein the display unit is connected to the circuit board assembly and arranged on the first bracket”). The light source 60 transmits light through light strips 203, 204 to pass through a display lens 30 to a user ([0046], Figs. 1-3) (which reads on “at least part of the display unit is exposed from the display port”). The display lens 30 (“screen”) is mounted on a frame 10 [0037] to be observed by a user [0040] (and is therefore fixed on the connecting frame 90 as shown in Fig. 3 and/or is located on an exterior housing of the device, which reads on “the screen located on the first bracket and/or the housing to cover the display port”).
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Regarding claim 4, the circuit board 50 and the light source 60 are both located on the same exterior side of the connecting frame 90, as shown in Fig. 3, which reads on the claim language.
Regarding claim 5, Qiu discloses a bracket 20 (“second bracket”) which is located on an outward-facing side of the light source 60 as shown in Figs. 1-3 [0037, 0044]. It would be a simple and obvious rearrangement of parts to arrange the light source 60 on the other side of the bracket 20 (which reads on “the second bracket is located on a side of the display unit away from the display port”). See MPEP 2144.04(VI)(C); see also In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); see also In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975). The circuit board 50 is mounted on the bracket 20 [0037] (“the circuit board assembly is arranged on the second bracket”).
Regarding claim 6, the bracket 20 forms a gap (“second through hole”) with the circuit board 50, and the light sources 60 are arranged in such gaps ([0044], Figs. 2-3) (which reads on “the second bracket defines a second through hole, and the display unit is connected to the circuit board assembly through the second through hole”). The bracket 20 has a limiting protrusion 201 and a locking protrusion 202 [0039] which are located opposite the light source 60 as shown in Fig. 3 (which reads on “wherein the second bracket provides multiple protrusions, and the multiple protrusions are spaced apart and located on a side of the second bracket deviating from the display unit”). Qiu fails to disclose the circuit board 50 being “arranged on the multiple protrusions” as claimed. However, Qiu discloses the circuit board 50 mounted on the bracket 20 [0037], and Qiu discloses the protrusions being useful for connecting to the bracket 20 to a frame 10 [0039], and thus it would be obvious to provide additional protrusions for mounting the circuit board 50 onto the bracket 20, which reads on the claim language.
Regarding claim 17, Qiu discloses the connecting frame 90 (“first bracket”) with the connector pin 901 [0050], and the battery 200 (“power device”) ([0044], Fig. 4), as set forth above in the discussion of claim 1. Qiu does not specifically disclose the location of the battery 200, but discloses that the battery 200 is electrically connected to a circuit board 50 [0044] which is fixed on the connecting frame 90 ([0050], Figs. 2-3), and the connecting frame 90 has the pin 901 for connecting to other components (such as the battery 200) [0050], and thus it would be obvious to arrange the battery 200 on the connecting frame 90 (which reads on “a first bracket installed in the installation space to install a power device placed in the installation space”). The remaining claim language is identical to that of claim 1 and is similarly obvious over Qiu.
Claims 7 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (CN 208335659 U) as applied to claim 1, in view of Liu (WO 2016/172843 A1, English translation provided herewith).
Regarding claim 7, Qiu discloses the display lens 30 fixed on the connecting frame 90 as set forth above, which reads on “wherein the screen is located on the first bracket”. However, Qiu fails to disclose “a circular first seal part, wherein…the circular first seal part is located between the screen and the first bracket”.
Liu is directed to an atomizing component and electronic cigarette (Title). Liu discloses that components are delicate and detachable, and thus gaps may form between them during assembly, so a sealing gasket with elasticity can advantageously be used to connect such components (p. 20 first full paragraph, p. 24 last full paragraph). For instance, Liu discloses a third sealing ring 313 (“circular first seal part”) between an atomizing seat 307 and a support 312 to secure the connection between them (p. 23 second-third paragraphs). One of ordinary skill in the art would recognize that Qiu’s display lens 30, connecting frame 90, and other adjacent components are delicate and detachable with assembling gaps (see Qiu’s gap formed between circuit board 50 and bracket 20 at [0044]), and therefore could similarly benefit from a sealing ring 313 between them (which reads on the claim language).
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 Qiu by incorporating Liu’s sealing ring 313 between Qiu’s display lens 30 and connecting frame 90, because Qiu and Liu are both directed to atomization devices, Liu teaches that this advantageously secures connections between components, 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).
Regarding claim 11, Qiu discloses the “housing” and “installation space” of claim 1 as set forth above. Qiu discloses that electronic cigarette includes the power supply device and an atomizer [0037], and thus it would be obvious to form a “socket” in “one end of the housing” of the power supply device for attaching to the atomizer to form the electronic cigarette. Qiu fails to disclose “a trim, wherein…the trim is located in the installation space and arranged around the socket” as claimed.
Liu is directed to an atomizing component and electronic cigarette (Title). Liu discloses a second decorative element 315 (“trim”). The second decorative element 315 is sleeved around various components and has a boss 316 for limiting the depth at which an atomizing core support 312 can be inserted into the element 315 (p. 23 last two paragraphs, Fig. 9), and has a threaded connector 318 for connecting to a battery rod assembly (p. 24 third paragraph). Liu discloses that such decorative parts are provided to advantageously secure connections between components, improving practicality of the device (p. 24 last full paragraph). One of ordinary skill in the art would recognize that Liu’s second decorative element 315 could similarly be used as a sleeve to connect Qiu’s power supply device and atomizer (which reads on the claim language).
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 Qiu by incorporating Liu’s second decorative element 315, boss 316, and threaded connector 318 within Qiu’s power supply device to connect it to the atomizer, because Qiu and Liu are both directed to atomization devices, Liu teaches that this advantageously secures connections between components, 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).
Claims 8-10, 12, 14, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Qiu (CN 208335659 U) as applied to claim 1, in view of Chen (CN 110226778 A, provided in IDS dated 12/22/2023, US 2020/0404977 A1 cited herein as English equivalent).
Regarding claim 8, Qiu fails to disclose the claim language.
Chen is directed to an electronic vaporizer device (Title). Chen discloses a wireless communication circuit 125 (“wireless communication module”) connected to a main control circuit 123 for performing wireless communication ([0066-67], Fig. 1), which one of ordinary skill in the art would recognize as an advantage for providing additional control functionality. One of ordinary skill in the art would recognize that Chen’s wireless communication circuit 125 could similarly be connected to Qiu’s circuit board 50 to provide wireless communication features. One would be motivated to connect Chen’s wireless communication circuit 125 to Qiu’s connector pin 901 of the connector frame 90 (see QIu [0050] describing using the connector pin 901 to connect to other components) (which reads on “a wireless communication module, wherein the wireless communication module is located on the first bracket and is electrically connected to the circuit board assembly”).
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 Qiu by incorporating Chen’s wireless communication circuit 125 connected to Qiu’s connector pin 901 of the connector frame 90 and connected to Qiu’s circuit board 50, because Qiu and Chen are both directed to electronic vaporization devices, Chen teaches that this allows for wireless communications, 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).
Regarding claim 9, in modified Qiu, it would be obvious to arrange Chen’s wireless communication circuit 125 to be facing Qiu’s display lens 30 (which reads on the claim language), because this would be a simple rearrangement of parts. See MPEP 2144.04(VI)(C); see also In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); see also In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Regarding claim 10, Chen discloses that the wireless communication function may be a Bluetooth function, and accordingly discloses a Bluetooth antenna 170 for transmitting a signal wirelessly [0151]. Therefore, it would be obvious to incorporate Chen’s Bluetooth wireless communication circuit 125 and Bluetooth antenna 170 into Qiu’s device, for the same reasons as set forth above in the discussion of claim 8.
Regarding claim 12, Qiu fails to disclose the claim language.
Chen discloses an airflow sensor 121 for detecting when a user is vaping and signaling the main control circuit 123 to perform heating [0062-63]. The main control circuit 123 can count the number of puffs and alert a user accordingly [0063]. Chen also discloses an intelligent terminal 201 for displaying information such as the number of puffs per day [0071]. One of ordinary skill in the art would recognize that these features advantageously provide additional information to a user. One would further recognize that Chen’s airflow sensor 121 could be incorporated into Qiu’s device and electrically connected with the circuit board 50 to detect inhalations, count puffs, and display them via the light source 60 and display lens 30 (which reads on the claim language).
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 Qiu by incorporating Chen’s airflow sensor 121 connected to Qiu’s circuit board 50 to display a puff count via Qiu’s light source 60 and display lens 30, because Qiu and Chen are both directed to electronic vaporization devices, Chen teaches that this allows for puff activation and displaying puff information to a user, 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).
Regarding claim 14, Qiu fails to disclose the claim language.
Chen discloses a motor 122 (“vibration motor”) which is driven by the main control circuit 123 to vibrate once a cartridge 11 is engaged with the cigarette rod 12, to alert a user that the cartridge 11 has been engaged [0060]. One of ordinary skill in the art would recognize that this advantageously provides additional user information when the device is used in conjunction with an attachable cartridge. One would further be motivated to incorporate Chen’s motor 122 into Qiu’s device in connection with the circuit board 50 to similarly provide a vibrational alerting function to a user when a cartridge is connected (which reads on the claim language).
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 Qiu by incorporating Chen’s airflow sensor 121 connected to Qiu’s circuit board 50 to display a puff count via Qiu’s light source 60 and display lens 30, because Qiu and Chen are both directed to electronic vaporization devices, Chen teaches that this allows for puff activation and displaying puff information to a user, 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).
Regarding claim 18, the claim recites the “cigarette rod” with the same limitations as those of claim 1, and Qiu renders those limitations obvious as set forth above. Qiu fails to disclose “a cartridge module defining a first pin” and “the cartridge module is inserted into the cigarette rod to make the first pin contact with the conductive device to power the cartridge module” as claimed.
Chen discloses an electronic cigarette 10 including a cartridge 11 and a cigarette rod 12 which may be connectable to one another [0055-56]. Connectable cartridges are well-known in the art for advantageously providing replaceable e-liquids and heating elements (see also [0056]). Chen discloses a pin 1471 (“first pin”) of the cartridge 11 which electrically connects with pogo pins 1621-1623 and a main control module 166 of the cigarette rod 12 [0102-0105]. One of ordinary skill in the art would recognize that Qiu could advantageously be provided with Chen’s cartridge 11 by configuring the pin 1471 to electrically connect to Qiu’s connector pin 901 when Chen’s cartridge 11 is connected with Qiu’s device (which reads on the claim language).
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 Qiu by incorporating Chen’s cartridge 11 with at least pin 1471 for electrically connecting to Qiu’s connector pin 901, because Qiu and Chen are both directed to electronic vaporization devices, Chen teaches that this allows for the cartridge 11 to connect to a cigarette rod 12 which one of ordinary skill in the art would recognize as advantageous, 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).
Regarding claim 19, Chen’s cartridge 11 includes a heating circuit 111 (“heating element”) for heating e-liquid [0056], which includes the pin 1471 and another pin 1472 (“second pin”) [0102]. The cartridge 11 further includes an authentication circuit 112 (“sensing circuit board”) for detecting flavor information of the cartridge 11 (“configured to sense a taste of substances formable smoke”) [0061]. A PCB module 151 may include both circuits 111 and 112 [0102]. The authentication circuit 112 may include the pins 1471 and 1472 [0102], which reads on the claim language. One of ordinary skill in the art would recognize that the authentication circuit 112 detecting flavor information advantageously provides additional information to the user.
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to further modify Qiu by incorporating Chen’s cartridge 11 including at least the PCB module 151 with heating circuit 111, authentication circuit 112, and pins 1471 and 1472, for the same reasons as set forth above in the discussion of claim 18, and because Chen teaches the authentication circuit 112 allowing flavor identification which one of ordinary skill in the art would recognize as advantageous, 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).
Regarding claim 20, Chen discloses that the pins 1471 and 1472 are placed into contact with contact pads of the PCB module 151 via throughholes 1501 and 1502 of a heating base 150 ([0106], Fig. 18). In modified Qiu, it would be similarly obvious to arrange throughholes 1501 and 1502 in structures immediately adjacent the PCB module 150 in order to facilitate connecting the pins 1471 and 1472 (which reads on the claim language).
Therefore, before the effective filing date of the claimed invention, it would have been obvious for one having ordinary skill in the art to further modify Qiu by forming throughholes 1501 and 1502 in structures immediately adjacent the PCB module 150, for the same reasons as set forth above in the discussions of claims 18-19.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Qiu (CN 208335659 U) in view of Chen (CN 110226778 A) as applied to claim 12, further in view of Liu (WO 2016/172843 A1).
Chen discloses the airflow sensor 121 as set forth above in the discussion of claim 12. Chen further discloses a through hole 1614 (“airflow vent”) for allowing external air to reach the airflow sensor 121 ([0139], Fig. 24). However, Qiu and Chen both fail to disclose “a circular second seal part” and “the circular second seal part is located on a side of the circuit board assembly away from the sensor, the second seal part is arranged around the airflow vent” as claimed, in combination with the other features of claims 1 and 12. Seals for airflow and liquid are well-known in the art of electronic vaporization devices.
Liu is directed to an atomizing component and electronic cigarette (Title). Liu discloses that components are delicate and detachable, and thus gaps may form between them during assembly, so a sealing gasket with elasticity can advantageously be used to connect such components (p. 20 first full paragraph, p. 24 last full paragraph). For instance, Liu discloses a sealing gasket 301 (“circular second seal part”) on the end face of an air duct 105 facing a mouthpiece assembly (p. 19 last paragraph-p. 20 first paragraph). One of ordinary skill in the art would recognize that in modified Qiu, Chen’s airflow sensor 121 and through hole 1614 and Qiu’s circuit board 50 could similarly benefit from a sealing gasket 301 to connect them and ensure proper airflow. It would further be obvious to arrange the through hole 1614 and sealing gasket 301 on an opposite side of the circuit board 50 from the airflow sensor 121 (which reads on the claim language), because this would be a simple rearrangement of parts. See MPEP 2144.04(VI)(C); see also In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); see also In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
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 Qiu by incorporating Liu’s sealing gasket 301 around Chen’s through hole 1614, because Qiu, Chen, and Liu are directed to atomization devices, Liu teaches that this advantageously secures connections between components, 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
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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/MICHAEL PATRICK MULLEN/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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