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 .
Claim Objections
Claim 1 objected to because of the following informalities: Claim 1 contains spacing error in line 8 (saidstress-reducing). 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 3-5 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 3 recites ‘several first magnetic elements’ in line 3, whereas parent claim 1 recites ‘said first magnetic element’ [or ‘a first magnetic element’]. This inconsistency creates ambiguity regarding the required quantity, rendering it unclear whether claim requires a single magnetic element, or one or more magnetic elements or a plurality of magnetic elements. Furthermore, claim 3 recites ‘several first mounting slots’ in line 4, which directly conflicts with the recitation of ‘at least one first mounting slot’ in line 2. It is therefore unclear whether a single first mounting slot, one or more first mounting slots, or a plurality of first magnetic slots is required to fulfil the claim limitations. For examination purposes, ‘several first magnetic elements’ and ‘several first connecting slots’ will be interpreted as ‘at least one first magnetic element' and ‘at least one first mounting slot’, respectively. Similarly, the limitations of ‘several second magnetic elements' and ‘several second mounting slots’ in claim 4, and ‘several first mounting slots' and ‘several second mounting slots’ in claim 5 will be interpreted as ‘at least one second magnetic element', ‘at least one second mounting slot’, ‘at least one first mounting slot' and ‘at least one second mounting slot’, respectively.
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) 1-5 and 7-9 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Liu (WO 2016023175 A1), herein after referring to as English Translation.
Regarding Claim 1, Liu discloses a tobacco vaporizer (Figure 1) with a sliding part (Figure 1, element 2) comprising a main body with a housing (Figure 3, element 1); an outer wall of the housing is provided with first magnetic element (Figure 8, element 53), and the sliding part is coupled with the housing at an outside of the first magnetic element ([Page 23, last paragraph]). The sliding part is provided with a second magnetic element (Figures 8 & 9, element 54) at a side wall facing the housing. Liu also teaches a magnetic interaction between first and second magnets ([Page 23, last paragraph]), number of first magnetic element and that of the second magnetic element are two ([Page 23, last paragraph; Page 24, first & second paragraphs]); when housing 2 completely covers housing 1, magnetic attraction between first and second magnetic element occurs (Figure 11) and when the housing 2 is moved to its lowest point away from the nozzle (Figure 10), the first magnetic element at the first end of the housing 1 is disconnected with the second magnetic element at the first end of the housing 2 ([Page 24, 3rd paragraph]).
Regarding the limitation of stress-reducing part in Claim 1, instant specification states that by dialing the stress reducing part (element 20), it can move back and forth, increasing the sense of achievement and effectively relieving stress ([0017]). Therefore, sliding part (Figure 1, element 2) of Liu can be considered as a stress reducing part since it moves back and forth
Regarding Claim 2, Liu teaches the elements of Claim 1. Liu also discloses a connecting slot on the outer wall of housing 1, and housing 2 slides within the connecting slot (see Figure 10 and annotated Figures 8 & 9).
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Annotated Figure 8 & 9 of Liu.
Regarding Claim 3, Liu teaches the elements of Claim 2. Further, Liu teaches an inner wall of said connecting slot is provided with two first mounting slots, and two first magnetic elements (elements 53) are correspondingly arranged in the two first mounting slots (see annotated Figures 8 & 9, above).
Regarding Claim 4, Liu teaches the elements of Claim 2. Further, Liu teaches a side wall of a sliding part (Figure 9, element 2) is provided with two second mounting slots, and two second magnetic elements (elements 54) are correspondingly arranged in the two second mounting slots (see annotated Figures 8 & 9, above).
Regarding Claim 5, Liu teaches the elements of Claim 4. Further, Liu teaches two first mounting slots that are equidistant on an inner wall of a connecting slot, and two second mounting slots are equidistant on a side wall of a hosing 2 (see annotated Figures 8 & 9, above).
Regarding Claim 7, Liu teaches the elements of Claim 2. Liu also discloses a connecting slot arranged on the side wall of an upper part of housing 1 (see annotated Figures 8 & 9, above).
Regarding Claim 8, Liu teaches the elements of Claim 7. Liu also discloses a connecting slot arranged along a length direction of housing 1 (see annotated Figures 8 & 9, above).
Regarding Claim 9, Liu teaches the elements of Claim 1. Liu also discloses a sliding part (Figure 1, element 2) is slidably connected to and separated from the first housing (Page 3, second paragraph).
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.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (WO 2016023175 A1), herein after referring to as English Translation, in view of Pan et al. (US 20050059443 A1).
Regarding Claim 6, Liu teaches the elements of Claim 5 but remains silent regarding the limitation requiring that a distance between adjacent first mounting slots is less than or equal to a width of said second magnetic element.
Pan et al. (US 20050059443 A1) discloses an electronic device (Figure 2, element 20) featuring a slidable cover member (Figure 2, element 22) with two first magnetic units (Figure 5, elements 25a & 25b) and a third magnet (element 27) disposed midway in each of the parallel grooves (element 23) between the first magnets. As clearly depicted in Figure 5 of Pan et al., the distance between the third magnet and adjacent first magnet is less than the width of the second magnet (element 26, see annotated Figure 5 below).
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Annotated Figure 5 of Pan.
Therefore, it would have been obvious to one of ordinary skills in the art at the time invention was made to modify the device of Liu by incorporating the specific spacing and dimensional relationships taught by Pan et al. One of ordinary skills in the art would have been motivated to configure the distance between adjacent first mounting slots to be less than or equal to the width of the second magnetic element in order to optimize magnetic alignment and ensure smooth, unhindered sliding movement.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Liu (WO 2016023175 A1), herein after referring to as English Translation, in view of Fan et al. (CN 218551294 U), herein after referring to as English Translation.
Regarding Claim 10, Liu teaches all the elements of Claim 1 but is silent regarding a stress-reducing part equipped with an anti-slip structure on a side wall away from the housing. However, Fan et al. (herein after “Fan”) discloses an electronic cigarette (Figure 1) featuring a roller component provided with a skid-proof groove (Figure 1, element 130).
Therefore, it would have been obvious to one of ordinary skills in the art at the time invention was made to modify the device of Liu by forming the skid-proof groove on the side wall of the sliding part, as taught by Fan. One of ordinary skills in the art would have been motivated to combine these teachings because incorporating Fan’s skid-proof groove onto Liu’s sliding part directly enhance tactile feedback, increases frictional force and prevents hand slippage during operation. The combination relies on the predictable application of known art element to achieve their established functions with no unexpected result.
Conclusion
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/PRADEEP PAUDEL/Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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