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 under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in Application No. CN 2021219046182 filed on 08/13/2021.
Information Disclosure Statement
The (2) information disclosure statements (IDS) submitted on 04/21/2025 and 02/02/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement are being considered by the examiner.
Claim Rejections - 35 USC § 102
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.
Claims 1-5, 11-13, and 16-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 210329335U (hereinafter CN’335, published on 04/17/2020)
Regarding Claim 1, CN’335 discloses a vaporization assembly (heating structure; para. 0004; figs. 7-8), comprising:
a porous substrate (liquid absorption element 33; fig. 7) (para. 0060); and
a heating element (heating element 34; fig. 7) (para. 0060),
wherein the porous substrate (liquid absorption element 33) comprises a vaporization surface (atomizing surface 335) (para. 0060), and the heating element is arranged on the vaporization surface (para. 0060; fig. 7), and
wherein the porous substrate (liquid absorption element 33) comprises a fence structure (sidewalls of liquid absorption element 33; annotated fig .7), and the fence structure surrounds the vaporization surface (atomizing surface 335), defining an accommodating groove (receiving groove 332) (para. 0066).
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Regarding Claim 2, CN’335 discloses the vaporization assembly (heating structure; figs. 7-8), wherein the fence structure (annotated fig. 7 shown in claim 1) is arranged on a peripheral edge of a vaporization end of the porous substrate (atomizing surface 335 of liquid absorption element 33), and an area of the vaporization end (atomizing surface 335 of liquid absorption element 33) within the fence structure forms the vaporization surface (atomizing surface 335).
Regarding Claim 3, CN’335 discloses the vaporization assembly (heating structure; figs. 7-8), wherein the fence structure (annotated fig. 7 shown in claim 1) is arranged on a vaporization end of the porous substrate (liquid absorption element 33), a gap (annotated fig. 7) is provided between an outer wall surface of the fence structure and a peripheral edge of the vaporization end of the porous substrate (annotated fig. 7), and an area of the vaporization end within the fence structure forms the vaporization surface (atomizing surface 335).
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Regarding Claim 4, CN’335 discloses the vaporization assembly (heating structure; figs. 7-8), wherein the fence structure (annotated fig. 7 shown in claim 1) and the porous substrate (liquid absorption element 33) are integrally formed, and comprise a same material (porous ceramic) (para. 0060).
Regarding Claim 5, CN’335 discloses the vaporization assembly (heating structure; figs. 7-8), wherein the vaporization surface (atomizing surface 335) comprises a flat surface (fig. 7).
Regarding Claim 11, CN’335 discloses the vaporization assembly (heating structure; figs. 7-8), further comprising:
two electrode portions (pins 341; fig. 7) connected to two ends of the heating element (both ends of the heating element 34) (para. 0063).
Regarding Claim 12, CN’335 discloses the vaporization assembly (heating structure; figs. 7-8), wherein one electrode portion of the two electrode portions (a portion of the pins 341) is arranged within the fence structure (annotated fig. 1 shown in claim 1) (fig. 7).
Regarding Claim 13, CN’335 discloses the vaporization assembly (heating structure; figs. 7-8), wherein a thickness of the one electrode portion is greater than a height of the fence structure.
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Regarding Claim 16, CN’335 discloses the vaporization assembly (heating structure; figs. 7-8), wherein the porous substrate (liquid absorption element 33) comprises a porous ceramic substrate (porous ceramic) (para. 0060).
Regarding Claim 17, CN’335 discloses a vaporizer (atomizer 100), comprising:
the vaporization assembly (heating structure) of claim 1 (para. 0004).
Regarding Claim 18, CN’335 discloses an electronic vaporization device (electronic cigarettes), comprising:
the vaporizer (atomizer 100) of claim 17; and
a power supply (power supply device) electrically connected to the vaporizer (atomizer 100) (para. 0004).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over CN 210329335U (hereinafter CN’335, published on 04/17/2020) in view of Chen (US 20180125118)
Regarding Claim 6, CN’335 discloses the heating element (heating element 34) is laid flat on the vaporization surface (atomizing surface 335) (fig. 7).
CN’335 does not disclose the heating element comprises a planar porous heating film.
However, Chen discloses an atomizing core 200, wherein a heating element (porous heating film 244) comprises a planar porous heating film (porous heating film 244) laid flat on the vaporization surface (atomizing surface 242b) (para. 0027; figs. 5-6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the heating element 34 of CN’335 with the planar porous heating film as taught by Chen, because it involves a simple substitution of one known element for another to obtain a predictable result, which is to atomize the liquid in the vaporization surface into smoke to be inhaled by the user (para. 0029 of Chen).
Regarding Claim 7, CN’335 discloses a height of the fence structure is greater than a thickness of the heating element (annotated fig. 7 of claim 1).
The modification does not disclose the height of the fence structure is at least 10 µm to 20 µm greater than a thickness of the heating element.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the height of the fence structure such that it is at least 10 µm to 20 µm greater than the thickness of the heating element, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The motivation is to ensure that liquid in the atomizing surface 335 is contained within the fence structure to be sufficiently heated by the heating element 34.
Regarding Claim 8, Chen discloses a thickness of the heating element ranges from 0.8 µm to about 1 µm (para. 0032).
The modification does not disclose the thickness of the heating element ranges from 10 µm to 80 µm.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the thickness of the heating element to range from 10 µm to 80 µm, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The motivation is to tailor the heating element to desired heating output to effectively atomize the liquid in the atomizing surface to generate smoke.
Regarding Claim 9, Chen discloses a pore size of a pore on the porous heating film (plurality of micropores on the porous heating film has a diameter of about 30 µm) ranges from 10 µm to 200 µm (30 µm) (para. 0032).
Regarding Claim 10, the modification does not disclose a porosity of the porous heating film ranges from 10% to 70%.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the porosity of the porous heating film (i.e. porous heating film 244 of Chen) to range from 10% to 70%, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The motivation is to increase a contact area for the liquid, thus enhancing an atomizing effect. The porous heating film can ensure uniform heating to the atomizing surface such that uniform atomized particles are generated (para. 0032 of Chen).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over CN 210329335U (hereinafter CN’335, published on 04/17/2020) in view of Deng (US 20200359704)
Regarding Claim 14, the modification does not disclose a connection section configured to reduce a temperature gradient at a joint is arranged between the heating element and one electrode portion of the two electrode portions.
However, Deng discloses a connection section (connecting portion 132, abstract) configured to reduce a temperature gradient at a joint is arranged between the heating element (middle portion 131) and one electrode portion of the two electrode portions (electrode film 121) (para. 0021 and 0059; fig. 6) (it is noted according to MPEP 2114 when the cited prior art teaches all of the positively recited structure of the claimed apparatus, it will be held that the prior art apparatus is capable of performing all of the claimed functional limitations of the claimed apparatus. The courts have held that: (1) "apparatus claims cover what a device is, not what a device does; and (2) a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus" if the prior art apparatus teaches all the structural limitations of the claim. In this case it is noted that width of the resistive connecting portion 132 of the heating resistive layer is increased toward the electrode film 121, it is expected that it generates less heat compared to the narrower resistive middle portion 131 of the heating resistive layer. Therefore, the connecting portion 132 is capable of reducing the temperature gradient at the joint arranged between the middle portion 131 and the electrode film 121).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the heating element 34 of CN’335 with the heating resistive layer of Deng that comprises the middle portion 131 and two connecting portions 132, because it involves a simple substitution of one known element for another to obtain a predictable result, which is to atomize the liquid in the vaporization surface into smoke to be inhaled by the user (abstract and 0021 of Deng).
Regarding Claim 15, Deng discloses the connection section (connecting portion 132) comprises an inclined surface with smooth transition (annotated fig. 6).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BONITA KHLOK whose telephone number is (571)270-7313. The examiner can normally be reached on M-F: 9:00am-6pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, IBRAHIME ABRAHAM can be reached on (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BONITA KHLOK/ Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/ Supervisory Patent Examiner, Art Unit 3761
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