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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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)(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, 2, 7-12, and 15-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang (US 2025/0120443 A1).
Regarding claim 1, Wang teaches an atomization core (Fig. 1, Ref. Num. 100) in an atomization channel (Fig. 8, center channel) configured to heat an atomization substrate that comprises a first heating member (Fig. 5, Ref. Num. 13), a second heating member (Fig. 5, Ref. Num. 23), an electrode portion (Fig. 5, Ref. Num. 24, 25), and a controller (Fig. 8, Ref. Num. 7). The first and second heating members are disposed in the atomization channel and the first heating member (Fig. 7, Ref. Num. 13) is disposed near the outlet (Fig. 7, Ref. Num. 11) and the second heating member (Fig. 7, Ref. Num. 23) is disposed near the substrate outlet (Fig. 7, Ref. Num. 25). Finally, the controller is connected to the heating members through the electrode portion to control the operation of the heaters (Para. [0037]).
Regarding claim 2, Wang teaches a first electrode (Fig. 5, Ref. 33) that has an output connected to the first and second heating members and an input connected to the controller (Para. [0037]), a second electrode (Fig. 5, Ref. Num. 14) with an output connected to the first heating member (Fig. 5, Ref. Num. 13) and an input connected to the controller (Para. [0037]), and a third electrode (Fig. 5, Ref. Num. 24) with an output connected to the second heating member (Fig. 5, Ref. Num. 23) and an input connected to the controller (Para. [0037]). Since the controller controls the power sent to the atomizing core (Para. [0029]), the controller would be capable of having the first heating member operate after the second heating member has operated.
Regarding claim 7, Wang teaches a first liquid-absorbing member (Fig. 7, Ref. Num. 22) in the atomization channel that provides a first heating channel (Fig. 7, Inside of Ref. Num. 22) and the second heating member (Fig. 7, Ref. Num. 23) is provided in the first heating channel.
Regarding claim 8, Wang teaches that the second heating member (Fig. 7, Ref. Num. 23) is provided in the first heating channel (Fig. 7, Ref. Num. 22) and a second liquid-absorbing member (Fig. 7, Ref. Num. 12) that provides a second heating channel (Fig. 7, Inside of Ref. Num. 12) and the first heating member (Fig. 7, Ref. Num. 13) is provided in the second heating channel.
Regarding claim 9, the first heating channel (Fig. 7, Inside of Ref. Num. 22) and the second heating channel (Fig. 7, Inside of Ref. Num. 12) are coaxial and have the same inner diameter.
Regarding claim 10, Wang teaches an atomizer (Fig. 6) comprising an outer shell (Fig. 6, Ref. Num. 1, 2, 3) with an atomization core (Fig. 1, Ref. Num. 100) in an atomization channel (Fig. 8, center channel) configured to heat an atomization substrate that comprises a first heating member (Fig. 5, Ref. Num. 13), a second heating member (Fig. 5, Ref. Num. 23), an electrode portion (Fig. 5, Ref. Num. 24, 25), and a controller (Fig. 8, Ref. Num. 7). The first and second heating members are disposed in the atomization channel and the first heating member (Fig. 7, Ref. Num. 13) is disposed near the outlet (Fig. 7, Ref. Num. 11) and the second heating member (Fig. 7, Ref. Num. 23) is disposed near the substrate outlet (Fig. 7, Ref. Num. 25). Finally, the controller is connected to the heating members through the electrode portion to control the operation of the heaters (Para. [0037]).
Regarding claim 11, Wang teaches an atomization substrate storage (Fig, 8, Ref. Num. 5) in an inner shell (Fig. 8, Ref. Num. 4) where the outer shell (Fig. 8, Ref. Num. 100) and the inner shell are spaced apart by the atomization substrate storage cannel, and the atomization channel communicates with the atomization substrate storage channel (Fig. 8, Ref. Num. 6).
Regarding claim 12, Wang teaches a first electrode (Fig. 5, Ref. 33) that has an output connected to the first and second heating members and an input connected to the controller (Para. [0037]), a second electrode (Fig. 5, Ref. Num. 14) with an output connected to the first heating member (Fig. 5, Ref. Num. 13) and an input connected to the controller (Para. [0037]), and a third electrode (Fig. 5, Ref. Num. 24) with an output connected to the second heating member (Fig. 5, Ref. Num. 23) and an input connected to the controller (Para. [0037]). Since the controller controls the power sent to the atomizing core (Para. [0029]), the controller would be capable of having the first heating member operate after the second heating member has operated.
Regarding claim 15, Wang teaches a first liquid-absorbing member (Fig. 7, Ref. Num. 22) in the atomization channel that provides a first heating channel (Fig. 7, Inside of Ref. Num. 22) and the second heating member (Fig. 7, Ref. Num. 23) is provided in the first heating channel.
Regarding claim 16, Wang teaches that the second heating member (Fig. 7, Ref. Num. 23) is provided in the first heating channel (Fig. 7, Ref. Num. 22) and a second liquid-absorbing member (Fig. 7, Ref. Num. 12) that provides a second heating channel (Fig. 7, Inside of Ref. Num. 12) and the first heating member (Fig. 7, Ref. Num. 13) is provided in the second heating channel.
Regarding claim 17, the first heating channel (Fig. 7, Inside of Ref. Num. 22) and the second heating channel (Fig. 7, Inside of Ref. Num. 12) are coaxial and have the same inner diameter.
Regarding claim 18, Wang teaches an electronic atomization device (Fig. 8, Ref. Num. 200) comprising an atomizer (Fig. 6) comprising an outer shell (Fig. 6, Ref. Num. 1, 2, 3) with an atomization core (Fig. 1, Ref. Num. 100) in an atomization channel (Fig. 8, center channel) configured to heat an atomization substrate that comprises a first heating member (Fig. 5, Ref. Num. 13), a second heating member (Fig. 5, Ref. Num. 23), an electrode portion (Fig. 5, Ref. Num. 24, 25), and a controller (Fig. 8, Ref. Num. 7). The first and second heating members are disposed in the atomization channel and the first heating member (Fig. 7, Ref. Num. 13) is disposed near the outlet (Fig. 7, Ref. Num. 11) and the second heating member (Fig. 7, Ref. Num. 23) is disposed near the substrate outlet (Fig. 7, Ref. Num. 25). Finally, the controller is connected to the heating members through the electrode portion to control the operation of the heaters (Para. [0037]).
Regarding claim 19, Wang teaches an atomization substrate storage (Fig, 8, Ref. Num. 5) in an inner shell (Fig. 8, Ref. Num. 4) where the outer shell (Fig. 8, Ref. Num. 100) and the inner shell are spaced apart by the atomization substrate storage cannel, and the atomization channel communicates with the atomization substrate storage channel (Fig. 8, Ref. Num. 6).
Regarding claim 20, Wang teaches a first electrode (Fig. 5, Ref. 33) that has an output connected to the first and second heating members and an input connected to the controller (Para. [0037]), a second electrode (Fig. 5, Ref. Num. 14) with an output connected to the first heating member (Fig. 5, Ref. Num. 13) and an input connected to the controller (Para. [0037]), and a third electrode (Fig. 5, Ref. Num. 24) with an output connected to the second heating member (Fig. 5, Ref. Num. 23) and an input connected to the controller (Para. [0037]). Since the controller controls the power sent to the atomizing core (Para. [0029]), the controller would be capable of having the first heating member operate after the second heating member has operated.
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 3, 4, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Wang (US 2025/0120443 A1).
Regarding claims 3 and 4, Wang teaches that the distance (Fig. 5, Ref. Num. 3) between the first heating member (Fig. 5, Ref. Num. 13) and the second heating member (Fig. 5, Ref. Num. 23) is greater than 0 mm, which overlaps the claimed range of 5 to 10 mm which is a prima facie case of obviousness.
Regarding claim 13, Wang teaches that the distance (Fig. 5, Ref. Num. 3) between the first heating member (Fig. 5, Ref. Num. 13) and the second heating member (Fig. 5, Ref. Num. 23) is greater than 0 mm, which overlaps the claimed range of 5 to 10 mm which is a prima facie case of obviousness.
Allowable Subject Matter
Claims 5, 6, and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The closet prior art of record is Wang (US 2025/0120443 A1).
Regarding claims 5, 6, and 14, Wang teaches that the first and the second heating member have the same structure (Para. [0029]) and would then have the same resistances and it would destroy this reference of its intended purpose to modify the heating members so that the first heating member has a larger resistance than the second heating member. It is the examiner’s opinion that without the improper use of hindsight or destroying the references for their intended use, it would not have been obvious to combine prior art references in the manner, as required by claims 5, 6, and 13.
Conclusion
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/N.J.W./Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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