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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/20/2026 has been entered.
Response to arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1, 2, 4, 5, 7, 13, 15-17 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Metz (US 2017/0347714) in view of Liu (US 2015/0359262)
and Fraser (US 2019/0133186)
Regarding claim 1, Metz discloses a method of forming a vaporizer of an electronic vaping device, the method comprising:
applying a porous material (ceramic layer to heating element 610 “wherein the heater comprises a metal wire as conductor that is provided with a porous ceramic layer that is configured to control the atomizing and/or vaporization” [0009]) to two or more surfaces of a heating element (610 at which is coated porous material see above [0009]) to form a coating thereon (as disclosed above [0005-0009]), the heating element including a conductive material (heater as “metal wire”, see above [0009]), the two or more surfaces including a first surface and a second surface (the various surfaces of 3 dimensional heater “Further alternative configuration for the heater in a tube configuration include a metallic tube with coated porous ceramic layer and optionally provided with a (static) mixing structure or helix structure, tube shape of foil/plate, and spiral wound foil/plate. An even further alternative configuration of the heater in a foam configuration includes a sponge structure. [0028] that are covered porously as disclosed above [0009]), the coating having a first thickness on the first surface (thickness of porous material, porous material as disclosed above [0009]).
Metz is silent regarding the porous material including a cellulosic material.
However Liu teaches the porous material including a cellulosic material (“since complex organic or inorganic substances with large particle diameters, such as sucrose, starch, wood fiber, and short carbon fiber are used as porogen, the pore size and porosity of the finally obtained porous ceramic can be controlled according to the demand, thus obtaining a communicating channel structure adopted for storing, liquid conducting and smoke generating.” [0040]).
The advantage of the porous material including a cellulosic material, is to provide control over the porogen size/porosity “since complex organic or inorganic substances with large particle diameters, such as sucrose, starch, wood fiber, and short carbon fiber are used as porogen, the pore size and porosity of the finally obtained porous ceramic can be controlled according to the demand, thus obtaining a communicating channel structure adopted for storing, liquid conducting and smoke generating.” [0040].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Metz before him or her, to modify the porogen material of Metz to include porogen system with cellulose of Liu, because cellulose porogens enhance the ability to select/control pore size/porosity of the final vaporizer component.
Metz as modified is silent regarding and a second thickness different from the first thickness on the second surface.
However Fraser teaches and a second thickness different from the first thickness on the second surface (thickness of capillary system/wick around heater may be non-uniform depending on balancing needs to vaporization site or needs pre-vaporization liquid allocation site “This enables the heating element to be close to the main surfaces of the wick, with the depth of overlying wick material being slight. The thickness may or may not be substantially uniform. For example, the wicking rate may be modified by a reduced or increased thickness at the reservoir contact site compared with the remainder of the wick.” [0051] thickness may also vary/be non-uniform to enhance structure rigidly/mounting “It is useful for the wick to have sufficient rigidity to support itself in a required position within the vapor source. For example, it may be mounted at or near one or two edges and be required to maintain its position substantially without flexing, bending or sagging. The rigidity may arise from the wick material in the selected wick thickness (so that an appropriate thickness is used to provide this characteristic), and where the wick is able also to support the heater embedded in it. In other examples, some structural rigidity may be derived from the heater itself, so that the heater aids in supporting the mounted wick in its required position. The overall rigidity of the wick and heating element combination may be relied upon, or the rigidity of the wick alone. The term rigid is considered to imply that the wick or vaporizer is substantially non-flexible or non-pliant.” [0052]).
The advantage of and a second thickness different from the first thickness on the second surface, is to enhance zones of the porous material to either vaporization or collection of pre-vaporization liquid or enhance structural integrity/mounting (see above [0051-0052]).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Metz as modified before him or her, to modify the undisclosed possibility of varied porous material around heater thickness of Metz to include the intentionally varied porous material around heater thickness of Fraser, because varied thicknesses permit varied flow between a pre vapor flow source and useful thickness to vaporization directly at heater and further may enhance structural entirety of vaporizer while permitting vaporization.
Regarding claim 2, Metz as modified teaches the method of claim 1, Metz as already modified further teaches wherein the porous material has a porosity ranging from about 50% to 80% (“the ceramic layer has a porosity in the range of 10-80%,” [0033]).
Regarding claim 4, Metz as modified teaches the method of claim 1, Metz as already modified teaches wherein the porous material is a hydrophilic material (“The E-liquid is absorbed and/or adsorbed in the porous ceramic layer” [0088]).
Regarding claim 5, Metz as modified teaches the method of claim 1, Metz as already modified teaches wherein the porous material further includes a ceramic material, a glass material, a graphite-based material, or any combination thereof (porous material on the heater is made of ceramic “the heater comprises a metal wire as conductor that is provided with a porous ceramic layer that is configured to control the atomizing and/or vaporization,” [0005-0009] or as already modifying the ceramic of slurry of Liu [0040]).
Regarding claim 7, Metz as modified teaches the method of claim 1, Metz as already modified teaches wherein the applying includes; dipping the heating element in a slurry including the porous material (emphasis added “Further alternative manufacturing methods for the heater element include chemical vapour deposition, physical vapour deposition, electrochemical machining (ECM), chemical and/or electrochemical oxidation, thermo-treatment involving high temperatures of above 200° C. or 300° C. and exposure to oxygen, and coating or dipping involving a slurry with titanium particles, for example, followed by a sintering step.” [0025]).
Regarding claim 13, Metz as modified teaches the method of claim 1, Metz as already modified teaches further comprising; shaping the heating element before the applying (shape of heating element present, “The heater element comprises a conductor that can be shaped as a plate, wire, foil, tube, foam, rod or any other suitable shape,” [0011], porous layer applied maintaining shape of heating element “As a further effect the ceramic layer provides structure and stability to the conductor thereby increasing the strength and stability of the heater as a whole.” [0013]).
Regarding claim 15, Metz as modified teaches the method of claim 1, Metz as already modified teaches wherein the method further comprises:
preparing a slurry including the porous material; and
the applying includes contacting the slurry including the porous material to the heating element (a metal wire is provided to a porous component for heating “wherein the heater comprises a metal wire as conductor that is provided with a porous ceramic layer that is configured to control the atomizing and/or vaporization” [0009], the process of applying the porous ceramic substrate may include dipping, emphasis added “Further alternative manufacturing methods for the heater element include chemical vapour deposition, physical vapour deposition, electrochemical machining (ECM), chemical and/or electrochemical oxidation, thermo-treatment involving high temperatures of above 200° C. or 300° C. and exposure to oxygen, and coating or dipping involving a slurry with titanium particles, for example, followed by a sintering step.” [0025]).
Regarding claim 16, Metz as modified teaches the method of claim 15, Metz as already modified teaches wherein the slurry includes a solvent, the solvent including water, ethanol, or a combination of water and ethanol (Liu as already modifying teaches water anticipated to pre-sintered mixture “mixing and extruding the premix with water to obtain a molded body” Liu [0010]).
Regarding claim 17, Metz as modified teaches the method of claim 16, Metz as already modified teaches wherein the slurry further includes a dispersant, a binder (as already modifying Liu teaches a binder to the pre-sintered porous medium “The porous ceramics are generally referred to as ceramic materials formed by sintering compositions consisting of aggregate, binder, and a porogen or other at a high temperature” Liu [0002], soidium silicate as binder, emphasis added “mixing the precursor powder, sodium silicate, and porogen uniformly to obtain a premix; wherein the amount of the precursor powder in the premix is from 60% to 90% by mass; the amount of sodium silicate in the premix is from 0% to 20% by mass; the amount of porogen in the premix is from 10% to 40% by mass;” Liu [0009]), or a combination of a dispersant and a binder.
Regarding claim 19, Metz as modified teaches the method of claim 7, Metz as already modified teaches wherein, when dipped, the heating element is only partially submerged in the slurry (the ceramic coating is anticipated to both fully covering heating element or to only being on part of the heating element “heater 68 may comprise a conductor layer 70 with coated porous ceramic elements or spots 72 provided thereon (FIG. 2L).” [0095]).
Regarding claim 20, Metz as modified teaches the method of claim 7, Metz as already modified teaches wherein, when dipped, the heating element is fully submerged in the slurry (the ceramic coating is anticipated to both fully covering heating element or to only being on part of the heating element “heater 68 may comprise a conductor layer 70 with coated porous ceramic elements or spots 72 provided thereon (FIG. 2L).” [0095]).
Claims 6 is rejected under 35 U.S.C. 103 as being unpatentable over Metz in view Liu and Fraser and in further view of Routine Optimization of Metz.
Regarding claim 6, Metz as modified teaches the method of claim 1, Metz as already modified is silent regarding wherein the first and second thicknesses each independent range from about 0.5 millimeter to about 1.0 millimeter.
However Metz anticipates a range of thickness of the coating/ ceramic layer beyond an embodied examples of 0.005-0.3 mm “in a presently preferred embodiment according to the invention the ceramic layer has a thickness in the range of 5-300 μm,” [0018], Metz then teaches advantage to thickening the porous ceramic layer that it would be obvious to anticipate any thickness of porous material when at least different types of E-liquids are used for vaporization, emphasis added “By providing the ceramic layer with a sufficient thickness the stability and strength of the heater is improved. Furthermore, the insulation is increased, enabling control of heat transfer and/or heat production. The thickness of the ceramic layer can be adapted to the type of E-liquid and/or the specific system and/or the desired characteristics.”[0019] because the range of thickness of the porous layer is limited (finite) at the upper end of thickness by being a relative insulator to providing effective vaporization (see above [0019]), it would be obvious in view of Routine Optimization (see MPEP 2144.05 II. B.) to try a range of thicknesses beyond the exampled .3mm when using different pre vaporization “E-liquids” and/or when desiring different characteristics of vaporization or when changes to the vaporization system are implemented).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Metz before him or her, to modify the disclosed thicknesses of the exampled porous material of Metz to include a higher range of thickness of the porous material as made obvious by anticipating the use of a range of E-liquids as also considered by Metz, because varying the thickness of a porous material on the heating element enables control of heat transfer and/or heat production in response to the different properties of various E-liquid and/or the specific system and/or the desired characteristics of vaporization and would be easily optimized through routine experimentation within the finite limits of an insulating coating on a heat source that is still effective to vaporization of various E-liquids.
Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable over Metz in view of Liu and Fraser and in further view of Bosomworth (US 5,045,511).
Regarding claim 8, Metz as modified teaches the method of claim 7, Metz as already modified teaches further comprising:
Drying the heating element at a temperature about
Metz as modified is silent regarding specifics to drying to include a lower temperatures around 37c.
However, Bosomworth teaches that porous/foamed ceramic can cured from air temp to 700c “The coated foam material is then dried by any suitable means known in the art. For example, the material may be air dried for about 8 to 24 hours. Alternatively, the material may be dried at a temperature of from 100.degree. C. to about 700.degree. C. for a time of from about 15 minutes to 6 hours. Further, the material may be microwave dried.” (column 4, lines 53-59).
The advantage of providing a range of temperature inclusive of low temperatures is to provide any suitable means known to the art effective in drying out a porous ceramic substrate “The coated foam material is then dried by any suitable means known in the art. For example, the material may be air dried for about 8 to 24 hours. Alternatively, the material may be dried at a temperature of from 100.degree. C. to about 700.degree. C. for a time of from about 15 minutes to 6 hours. Further, the material may be microwave dried.” (column 4, lines 53-59).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Metz and Bosomworth before him or her, to modify the disclosed temperatures Metz to include the drying temperatures of Bosomworth, because it is known in the art to provide a wide range of temperature to drying porous ceramic substrates through available/suitable means of drying that cover a range of temperatures from room temperature to 700.C.
Claims 18 is rejected under 35 U.S.C. 103 as being unpatentable over Metz in view of Liu and in further view of Sun (US 20140030533).
Regarding claim 18, Metz as modified teaches the method of claim 7, Metz as already modified is silent regarding wherein the heating element is dipped in the slurry for a time period ranging from about 1 second to about 10 minutes.
However Sun teaches that it would be obvious in view of Routine Optimization (see MPEP 2144.05 II. B.) to provide a finite range of dipping times reliant to slurry formula, because the time of dipping merely provides a degree of thickness to the coating wherein the time is finite between dipping as quickly as possible and to where the thickness of the coating is to large with the relation of time to thickness varying to mixture properties, “In the case of spraying, the thickness can be controlled by controlling the number of spray passes. In the case of painting, the thickness can be controlled by the number of paint passes. In the case of dipping, thickness can controlled by dipping time (i.e., higher dip time corresponds to thicker coating).” [0023].
The advantage of wherein the heating element is dipped in the slurry for a time period ranging from about 1 second to about 10 minutes, is to modify the thickness of dip achieved coating in view of the coating thickness growing with time in dip -“(i.e., higher dip time corresponds to thicker coating).” [0023].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art, having the teachings of Metz and Sun before him or her, to modify the undisclosed slurry dipping time of Metz with the dipping time to thickness relation of Sun, because it is known in the art of dipping to achieve a desired layer thickness based on time in dip as obvious in view of Routine Optimization obviating time in dip to a correlating thickness.
Conclusion
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/Spencer H. Kirkwood/Examiner, Art Unit 3761
/STEVEN W CRABB/Supervisory Patent Examiner, Art Unit 3761
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