DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 4-6 and 11 is 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.
The term “close” in claims 4, 6 and 11 is a relative term which renders the claim indefinite. 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.
Claim 5 are rejected insomuch as it depends from claim 4.
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 1-10 and 12 is rejected under 35 U.S.C. 103 as being unpatentable over US 20170325289 A1 (hereinafter LIU).
Regarding claim 1, LIU discloses an electronic cigarette and an atomization control method (abstract). LIU discloses a vaporizer (Fig. 1, atomization assembly 1, ¶45), comprising: an electrode column (Fig. 4, an atomization electrode assembly 46, ¶68) comprising a first conductive end surface. LIU discloses that the surfaces of the atomization assembly are conductive (¶9) for transferring signals and power (¶18-¶19). LIU further discloses a vaporization core (Fig. 1, atomization core 4, ¶45) comprising a first end surface electrode; and a conductive connector (as shown in annotated Fig. 8 below, it is the combination of the body and the arms) comprising a body part and at least one elastic arm (Fig. 8, elastically conductive arm 431, ¶74) connected to the body part (Fig. 8, ¶74).
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LIU does not disclose wherein the at least one elastic arm elastically abuts against and is electrically connected to one of the first end surface electrode and the first conductive end surface, and wherein the body part abuts against and is electrically connected to an other of the first end surface electrode and the first conductive end surface.
LIU teaches that the elastic conductive arm 431 abuts a side wall of the vent pipe to form an electrical connection (¶73). LIU teaches that when the device is assembled the atomization core is connected to the vent pipe to provide electrical connection to the control module (¶10-¶11). LIU teaches the elastically conductive arm 431 connects the atomization electrode assembly 46 to connect the vent pipe and the suction nozzle (¶74, ¶78). LIU further teaches electrical connections through sleeved conductive material (¶88=¶89). LIU teaches that during use the cigarette is assembled to make electrical connections between the arms, the electrodes, the nozzle and the control module to make an electrical connection circuit (¶91). LIU teaches that when all these conductors are connected and the user skin contacts the conductors the control module supplies electrical power to the atomization core to atomize the e-liquid (¶93).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the teachings of LIU to use the electrical conductive elastic arms to achieve contact connection between the elements. Providing these elastic electrical contacts in the device would signal to the device to atomize the e-liquid for inhalation by the user (¶93). A person of ordinary skill in the art would obviously apply the known technique of contacting electrically conductive arms to conductive materials to make electrical connections for providing power with predictable results. See (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP 2143, I., D).
Regarding claim 2, LIU teaches the vaporizer of claim 1 as discussed above. LIU further discloses wherein the at least one elastic arm comprises a plurality of first elastic arms, and wherein the plurality of first elastic arms are evenly arranged at intervals along a circumferential direction of the body part. This is shown in Fig. 8 (¶106-¶107). LIU discloses that there are a plurality of elastic arms to increase the stability of the electrical connection.
Regarding claim 3, LIU teaches the vaporizer of claim 1 as discussed above. LIU further discloses the body part is tubular, and wherein the at least one elastic arm is integrally connected to one end of the body part. As shown in Fig. 8, the body part shown to be tubular and it is integrally formed with the elastic arm.
Regarding claim 4, LIU teaches the vaporizer of claim 1 as discussed above. LIU further teaches an outer wall surface of the electrode column protrudes outward to form a flange, wherein the flange is circular, and wherein an end surface of an end of the flange close to the vaporization core forms the first conductive end surface. As shown on Fig. 1, atomization core 4 that includes the electrode column, has many stepped flanges. A person of ordinary skill in the art would immediately recognize these stepped surfaces as flanges and that those flanges are used for creating connections on the device. Further LIU teaches that the elastic arms engage on the surfaces to provide electrical stability (¶106).
Regarding claim 5, LIU teaches the vaporizer of claim 4 as discussed above. LIU further discloses the body part is tubular As shown in Fig. 8, the body part shown to be tubular. LIU further teaches the body part is fitted outside the electrode column and abuts against the flange for the same reasons as discussed in the rejection of claim 4.
Regarding claim 6, LIU teaches the vaporizer of claim 5 as discussed above. LIU further discloses a flare structure is formed at an end of the body part close to the flange. This is shown in Fig. 8 as the collar at the top.
Regarding claim 7, LIU teaches the vaporizer of claim 1 as discussed above. LIU further discloses a vent tube (Fig. 2, vent pipe 32, ¶60). LIU further discloses a base (Fig. 4, second body base 412, ¶70). LIU further discloses the vaporization core is accommodated in the vent tube (¶62). LIU discloses wherein the electrode column is electrically insulated from and inserted in the base. LIU discloses that the electrode column is surrounded by an insulating material, electrode holder 45 (Fig. 4, ¶78-¶79), which is within the base body as shown in Fig. 4.
Regarding claim 8, LIU teaches the vaporizer of claim 7 as discussed above. LIU further teaches the vent tube comprises a second conductive end surface, wherein the vaporization core comprises a second end surface electrode arranged opposite the first end surface electrode, and wherein the second end surface electrode abuts against and is electrically connected to the second conductive end surface.
LIU teaches that the device is assembled with the vent tube 32 connecting to the suction nozzle 2 (Figs. 1-2, ¶45). The parts of the vaporizer are electrically connected when assembled. Both ends of the vent tube and the successive parts abut each other to form a conductive electrical connection to allow the power and controller to cause the device to function (¶47). A person of ordinary skill in the art would immediately recognize that the different components are conductive and that electricity, power, and control is enabled through contact and abutting surfaces with predictable results.
Regarding claim 9, LIU teaches the vaporizer of claim 8 as discussed above. LIU further discloses the vent tube comprises a first tube section and a second tube section connected to one end of the first tube section. LIU discloses that the first tube section is connected to the suction nozzle and the second tube section is connected to the atomization core (¶62). See annotated side-by-side figures below of the instant application Fig. 3, and LIU figure 2.
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LIU discloses that the vaporization core being accommodated in the second tube section (as shown in Fig. 2). LIU discloses wherein an upper end surface of the second tube section forms the second conductive end surface (¶62). LIU does not disclose wherein both an inner diameter and an outer diameter of the second tube section are larger than an inner diameter and an outer diameter, respectively, of the first tube section. LIU is silent regarding the diameters for the ends of the vent tube. However, the courts have held changes in proportion or shape to be prima facie obvious in the absence of new or unexpected results. In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). One of ordinary skill in the art would appreciate that the diameter could vary and the connection would still be accomplished. Further, since LIU discloses that the connection is stabilized by the arms and a sealing gasket (¶73, ¶75-¶76) changes in diameter and secure connection are considered to be within the contemplation of LIU..
Regarding claim 10, LIU teaches the vaporizer of claim 7 as discussed above. LIU further teaches one end of the vent tube is inserted into the base and is contact with and electrically connected to the base. LIU teaches that the vent pipe is inserted into the fixing block (¶73) to make a conductive connection. A person of ordinary skill in the art would obviously make connections by inserting the vent tube into the base to ultimately connect it to the power supply and controller with predictable results to operate the device.
Regarding claim 12, LIU teaches the vaporizer of claim 1 as discussed above. LIU discloses that the vaporizer is part of an electronic vaporization device (Figs. 1-2, electronic cigarette).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over LIU as applied above and in view of US 20150157055 A1 (hereinafter LORD).
Regarding claim 11 LIU teaches the vaporizer of claim 1 as discussed above. LIU does not disclose wherein the vaporization core comprises a porous ceramic, and wherein the first end surface electrode is located at an end of the porous ceramic close to the electrode column.
LIU teaches that the e-liquid is transferred to the heating wire via an e-liquid absorbent 421 (Fig. 4, ¶71). As shown in at least Fig. 5, the absorbent is close the end surface electrode and the electrode column.
LIU is silent as to the material the e-liquid absorbent is made from.
LORD teaches an electronic vapor provision system with a vaporizer and heater support (abstract). LORD teaches that the system uses a porous ceramic to enable liquid to be stored and transferred for atomization (¶36).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified LIU to provide a porous ceramic in the vaporization core as taught in LORD. A person of ordinary skill in the art would obviously use a porous ceramic in the core because doing so would transfer and store liquid to be atomized (LORD ¶36). See (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP 2143, I., D).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm.
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/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747
/Christopher M Rodd/Primary Examiner, Art Unit 1766