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 7 objected to because of the following informalities:
Regarding claim 1, ‘A key structure comprises’, in line 1, should read, ‘A key structure comprising’
Regarding claim 2, ‘A key structure of Claim 1, the mainboard’, in line 1, should read, ‘The key structure of Claim 1, wherein the mainboard’
Regarding claim 3, ‘A key structure of Claim 2, the sleeve’, in line 1, should read, ‘The key structure of Claim 2, wherein the sleeve’
Regarding claim 4, ‘A key structure of Claim 3, the sleeve’, in line 1, should read, ‘The key structure of Claim 3, wherein the sleeve’
Regarding claim 5, ‘A key structure of Claim 4, it also comprises’, in line 1, should read, ‘The key structure of Claim 4, further comprising’
Regarding claim 6;
‘A key structure of Claim 5, the bracket’, in line 1, should read, ‘The key structure of Claim 5, wherein the bracket’
‘The second frame’, in line 7, should read, ‘and the second frame’
Regarding claim 7,
‘A key structure of Claim 6, the first frame’, in line 1, should read, ‘The key structure of Claim 6, wherein the first frame’
‘arrranged’, in line 2, should read ‘arranged’
Regarding claim 8, ‘A key structure of Claim 1, one end’, in line 1, should read, ‘The key structure of Claim 1, wherein one end’
Regarding claim 9, ‘An electronic atomizer host comprises a connection structure and a key structure as claimed in Claim 1’, in line 1, should read, ‘An electronic atomizer host comprising a connection structure and the key structure as claimed in Claim 1’
Applicant is reminded that words immediately following a semi colon, ‘;’, should be lower case, not capitalized. The following instances should be corrected:
Regarding claim 1:
‘A’, recited at the start of lines 3 and 4, should read, ‘a’
‘And’, at the start of line 7, should read, ‘and’
Regarding claim 2, ‘And’, at the start of line 4, should read, ‘and’
Regarding claim 5, ‘At least’, at the start of line 4, should read, ‘at least’
Regarding claim 6, ‘The’, recited at the start of lines 2, 3, 5, 6, and 7, should read, ‘the’
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. The drawings currently show curved or ovular features. Therefore, the ‘circular structure’, ‘circular groove’, and ‘circular restricted area’ must be shown or the features canceled from the claims 3 and 4. Additionally, ‘a keep-space hole’, mentioned in claim 10 does not appear in the drawings and must either be shown or the feature cancelled from the claim. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The terms, ‘first positioning step’ and ‘second positioning step’ recite the language ‘step’, which typically invokes a process claim interpretation. For examination purposes and based on the definition provided in applicant’s drawings, ‘first positioning step’ and ‘second positioning step’ are interpreted as; “first cover” and “second cover” respectively when they appear in the claims 8 and 9.
For examination purposes the following claim terms will be interpreted as indicated below:
The term ‘emit light’, in claim 2—line 3, claim 5—line 4, and claim 6—line 5, is interpreted as, ‘allow light to pass through’.
The above claims require that the key and/or first frame emit light, but based on the specification, the key and first frame themselves do not actually emit light, rather, they allow light to pass through.
The term ‘light-transmitting’, in claim 2—lines 4-5, claim 3—lines 1-3, and claim 4—line 2, is interpreted as, ‘light-permeable’.
The above claims require that the holes transmit light, but based on the specification, the holes themselves do not actually transmit light, rather, they are permeable to light and allow the light to pass through.
It is noted that the following limitations are merely intended use of the apparatus. The manner in which an apparatus operates is not germane to the issue of patentability of the apparatus itself. If the prior art structure is capable of performing the intended use, then it meets the claim:
a. Regarding claim 1, the limitations ‘can move towards’, and ‘can deform when subjected to pressure’, as recited in lines 4 and 8-9 respectively, invoke an intended use interpretation.
b. Regarding claim 2, the limitation ‘can emit light’, as recited in lines 2-3, invokes an intended use interpretation.
c. Regarding claim 3, the limitation ‘can form’, as recited in line 3, invokes an intended use interpretation.
d. Regarding claim 5, the limitation ‘can emit light’, as recited in line 4, invokes an intended use interpretation.
e. Regarding claim 6, the limitations ‘can move’, and ‘can emit light’, as recited in line 4 and line 5 respectively, invoke an intended use interpretation.
f. Regarding claim 7, the limitations ‘is used’ and ‘can be firmly fixed’, as recited in lines 4-5 and lines 5-6 respectively, invoke an intended use interpretation.
g. Regarding claim 9, the limitation ‘is used’, as recited in lines 3-4 and in line 6, invokes an intended use interpretation.
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 1, 3-7, 9 and 10 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.
Regarding claim 1, the term “the direction close to the button” in line 5, lacks sufficient antecedent basis. The term “close” 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. Additionally, a ‘direction close’ provides ambiguity; since the claim requires the key to move towards the direction close to the button and it is unclear what is meant by ‘the direction close to the button’ since the direction is a vector and the spatial relation of the vector has not been defined. It is therefore unclear how it can move towards the direction, since the vector has not been defined. The mechanical constraints associated with “the direction close to the button”, are therefore indefinite. For examination purposes claim 1 is interpreted as; “…the key can move towards
Regarding claim 3, the limitation “the connecting lines”, recited in line 2, lacks sufficient antecedent basis, rendering the claim indefinite. For examination purposes, claim 3 is interpreted as; “…
Regarding claim 4, the term “the surface of the side of the sleeve away from the housing”, recited in line 1, lacks sufficient antecedent basis, rendering the claim indefinite. For examination purposes, claim 4 is interpreted as, “…the outer surface of the is provided with a circular groove…”.
Regarding claim 5, the term “the surface of the side of the key close to the sleeve”, recited in lines 2-3, lacks sufficient antecedent basis, rendering the claim indefinite. It is unclear which surface and side of which element is flush with the housing. For examination purposes, claim 5 is interpreted as, “…a surface of a side of the key close to the sleeve is flush with the surface of the housing…”.
Regarding claim 6, the terms “the direction close to the button”, recited in line 4, and “the side away from the key” in line 7, lack sufficient antecedent basis, rendering the claim indefinite. A ‘direction close’ further provides ambiguity in the claim since the claim requires the key to move towards the direction close to the button and it is unclear what is meant by ‘the direction close to the button’ since the direction is a vector and the spatial relation of the vector has not been defined. It is therefore unclear how it can move towards the direction, since the vector has not been defined. The mechanical and spatial constraints associated with “the direction close to the button” are therefore indefinite. For examination purposes claim 6 is interpreted as; “…the key can move towards a side away from the key…”.
Regarding claim 7, the term, “the side of the first frame away from the sleeve”, recited in line 3, lacks sufficient antecedent basis, rendering the claim indefinite. Since the first frame is arranged on the bracket, which is arranged in the assembly cavity, contained by the sleeve, it is unclear which side of the first frame is ‘away’ from the sleeve. For examination purposes, claim 7 is interpreted as,” ...the flanges abut against
Regarding claim 9, the limitation "the first positioning step", recited in lines 5 and 6, lacks sufficient antecedent basis rendering the claim indefinite. For examination purposes, claim 9 is interpreted as; “…the connection structure is provided with a first positioning step cover.”
Regarding claim 10, the recitation of, “An electronic atomizer host of claim 1” in line 1, lacks sufficient antecedent basis rendering the claim indefinite. An electronic atomizer host is not mentioned in claim 1, from which claim 10 depends. For examination purposes claim 10 is interpreted as; “The electronic atomizer host of claim 9…”.
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.
Claim(s) 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guo ‘324 (CN220106324).
Regarding claim 1, Guo ‘324 teaches; A key structure (I1—See Modified Portion of Fig. 3 below) comprising: A housing (II2— See Modified Portion of Fig. 1 below) with an assembly cavity (III1—See Modified Portion of Fig. 1 below), and a through-hole connected to the assembly cavity (IV1— See Modified Portion of Fig. 1 below); A mainboard is arranged in the assembly cavity (See Modified Portion of Fig. 1 below, reference character 9—'electronic control panel’, which is arranged in the assembly cavity when assembled—paragraphs [44]/[45]), a button is arranged on the mainboard (See Modified Portion of Fig. 1 below, reference character [902]—'electric control button’—paragraph [44]); A key is arranged in the assembly cavity and corresponds to the button, the key can move towards the direction close to the button, and one side of the key away from the button is located in the through-hole without protruding out of the through-hole (See Modified Portion of Fig. 1 below, reference character [6]—'start button’—paragraphs [41]-[43] and See Modified Portion of Fig. 3 below, reference character [100]—‘key assembly’—paragraph [37]); And a sleeve, which is fitted onto the housing (See Modified Fig. 1 below, reference character [3]—'main body shell’—paragraph [45]), and the sleeve is provided with an identification structure corresponding to the position of the through-hole, the sleeve can deform when subjected to pressure (V1—See Modified Portion of Fig. 2 below—paragraphs [44]/[51]).
Modified Portion of Fig. 1
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Modified Portion of Fig. 2
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Modified Portion of Fig. 3
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Regarding claim 2, Guo ‘324, as shown above, teaches all of the limitations of claim 1. Guo ‘324 further teaches; the mainboard is also provided with a luminous part, the luminous part is arranged on one side of the button and corresponds to the key (See Modified Portion of Fig. 1 below, reference character [901]—'indicator light’—paragraphs [43]-[45]) , the key can emit light under the action of the luminous part (“The connection base 4 and the start button 6 are both made of light-transmissive materials.”—paragraph [37]); And the identification structure comprises light-transmitting holes arranged on the sleeve, the light-transmitting holes correspond to the key (I2—See Modified Portion of Fig. 1 below—paragraph [51] and See Modified Portion of Fig. 2 below).
Modified Portion of Fig. 1
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Modified Portion of Fig. 2
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Regarding claim 3, Guo ‘324, as shown above, teaches all of the limitations of claim 2. Guo ‘324 further teaches; the sleeve is provided with multiple light-transmitting holes, the light-transmitting holes are arranged at intervals on the sleeve, the connecting lines between adjacent light-transmitting holes can form a circular structure on the sleeve (I3—See Modified Portion of Fig. 2 below—paragraph [19]), and the circular structure encloses a restricted area (See Modified Portion of Fig. 2 below, reference character 8—'light-shielding cover’—paragraphs [43]/[51]).
Modified Portion of Fig. 2
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Regarding claim 4, Guo ‘324, as shown above, teaches all of the limitations of claim 3. Guo ‘324 further teaches; the surface of the side of the sleeve away from the housing is provided with a circular groove (I4—See Modified Portion of Fig. 2 below), multiple light-transmitting holes (I3—In Modified Portion of Fig. 2 above) are respectively arranged in the circular groove to form the circular restricted area (reference character 8 In Modified Portion of Fig. 2 above).
Modified Portion of Fig. 2
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Regarding claim 5, Guo ‘324, as shown above, teaches all of the limitations of claim 4. Guo ‘324 further teaches; the key structure also comprises a bracket (I5—See Modified Portion of Fig. 3 below), the bracket is arranged in the assembly cavity (III1—in Modified Portion of Fig. 1 above), the mainboard (reference character 9—in Modified Portion of Fig. 1 above) and key (reference character 100—in Modified Portion of Fig. 3 above—part of the key is flush with the sleeve) are arranged on the bracket, and the surface of the side of the key close to the sleeve is flush with the surface of the housing; At least a portion of the bracket (I5—in Modified Portion of Fig. 3 below), which is connected to the key, can emit light under the action of the luminous part (see Modified Portion of Fig. 3 below—reference character 302—‘positioning hole’—paragraph [45] explains that light can be discharged through the hole).
Modified Portion of Fig. 3
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Regarding claim 6, Guo ‘324, as shown above, teaches all of the limitations of claim 5. Guo ‘324 further teaches; the bracket comprises a first frame (II6—see Modified Portion of Fig. 3 above) and a second frame (I6—see Modified Portion of Fig. 3 above); The mainboard is arranged on the first frame and/or the second frame (III6—in Modified Portion of Fig. 3 above); The key is arranged on the first frame and corresponds to the button on the mainboard, and the key can move in the direction close to the button relative to the first frame (IV6—see Modified Portion of Fig. 3 above); The first frame can emit light under the action of the luminous part (see Modified Portion of Fig. 3 above, reference character 302—‘positioning hole’—located in the first frame and can emit light—paragraphs [45]/[51]); The first frame is arranged in the assembly cavity (II6—in Modified Portion of Fig. 3 above); The second frame is inserted into the first frame on the side away from the key along the axial direction of the assembly cavity, and they fit together to make the first frame and second frame tightly clamped in the assembly cavity (I6—in Modified Portion of Fig. 3 above).
Regarding claim 7, Guo ‘324, as shown above, teaches all of the limitations of claim 6. Guo ‘324 further teaches; the first frame is provided with an assembly hole, and the key is arranged in the assembly hole (see Modified Portion of Fig. 3 above, reference character 301—‘positioning slot’—paragraphs [45]/[51]), flanges are arranged on their peripheral sides of the key, and the flanges abut against the side of the first frame away from the sleeve; The side wall of the first frame is also provided with a squeezing part, the squeezing part is used to press against the side wall of the assembly cavity, so that the first frame can be firmly fixed inside the assembly cavity (I7—see Modified Portion of Fig. 7 below and II7 in Modified Portion of Fig. 3 below; it is noted that II7 comprises [902] which can be compressed to actuate the luminous part).
Modified Portion of Fig. 7
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Modified Portion of Fig. 3
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Regarding claim 9, Guo ‘324, as shown above, teaches all of the limitations of claim 1. Guo ‘324 further teaches; electronic atomizer host comprises a connection structure (‘connection channel’—reference character [305], in Figs. 1-3 and 5—paragraph [46]) and a key structure as claimed in Claim 1 (shown above), the connection structure is arranged at one end of the housing, the connection structure is electrically connected to the mainboard, the connection structure is used for installing the atomizer (“The electronic control board 9 is electrically connected to the first electrode 10…the second electrode 11… a battery core 13…the top of the main shell 3 [which] is provided with a connection channel 305 that communicates with the adapter cavity 304, and a suction nozzle 1 is inserted into the connection channel 305”—paragraph [46]); The outer peripheral surface of the connection structure is provided with the first positioning step, and the first positioning step is used for pressing against one end of the sleeve (“The other side wall of the main body shell 3 is provided with a second cover plate…”—paragraph [46], and reference character 15 in Fig. 1).
Regarding claim 10, Guo ‘324, as shown above, teaches all of the limitations of claim 9. Guo ‘324 further teaches; The electronic atomizer host of Claim 9, wherein the side of the mainboard away from the key is also connected with a display screen, the housing and the sleeve are provided with a keep-space hole corresponding to the position of the display screen (“An electric control button 902 and an indicator light 901 are provided on the electric control panel 9. The button assembly 100 is provided with corresponding to the electric control button 902 and the indicator light 901 on the power supply main body, it is used to start the power on and off and display the lighting information of the indicator light 901…the switch function, and the indicator light 901 can be an RGB that can display multiple light colors, or it can be composed of multiple LEDs with different light colors, which are used to display two status lighting information when turning on and off, as well as the lighting information of battery cell 13.”—paragraph [44], “is also transparent and can display the lighting information of the electronic atomizer device's power on, power off, and battery level.”—paragraph [37]).
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.
Claims 8 are rejected under 35 U.S.C. 103 as being unpatentable over Guo ‘324 (CN220106324) in view of Baofeng ‘223 (US20250057223).
Regarding claim 8, Guo ‘324, as shown above, teaches all of the limitations of claim 1. Guo ‘324 further teaches; one end of the housing is provided with a first positioning step, and one end of the sleeve is pressed against the first positioning step (“The first cover plate 14 is installed on one side wall of the main body shell 3 for covering the adapter cavity 304…”—paragraph [51]); The other end of the housing is provided with a base(I8—base, see Modified Portion of Fig. 4 below), and the base is provided with a second positioning step, and the second positioning step is pressed against on the other end of the sleeve (“…the second cover plate 15 is installed on the other side wall of the main body shell 3 for covering the inside of the main body shell 3.”—paragraph [51]).
Guo ‘324 does not teach that the base is detachable.
Baofeng ‘223, however, does teach an atomization device with a detachable base.
Guo ‘324 and Baofeng ‘223 are considered to be analogous to the claimed invention because they are in the same field of electronic atomization. It would therefore be obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add the feature of a detachable base, as taught by Baofeng ‘223, to the base of Guo ‘324, for the explicit motivation Baofeng ‘223 states; to jointly define the housing of the device (paragraph [0065]).
Modified Portion of Fig. 4
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A CEFARATTI whose telephone number is (571)270-0482. The examiner can normally be reached Monday-Friday 7:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH ARTHUR CEFARATTI/Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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