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 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 1-20 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.
The term “close to” in claim 1 is a relative term which renders the claim indefinite. The term “close to” 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. It is not clear how close the first porous body is relatively to the e-liquid absorption end.
Claim 14 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.
Where applicant acts as his or her own lexicographer to specifically define a term of a claim contrary to its ordinary meaning, the written description must clearly redefine the claim term and set forth the uncommon definition so as to put one reasonably skilled in the art on notice that the applicant intended to so redefine that claim term. Process Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The term “crushing strength” in claim 14 is used by the claim to mean “force” (unit N) while the accepted meaning is “pressure.” (unit N/area) The term is indefinite because the specification does not clearly redefine the term.
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.
Claim(s) 1-5, 8-9, 13, 15-16 and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou et al. (CN112089105A).
Regarding claim 1, Zhou discloses an electronic-cigarette vaporization core (by reference sign 22, figs. 11-12 and 14 [0004], comprising: a porous body (11-12, figs. 1-2 and 11-12) and a heating element (13, fig. 1), the porous body comprising an e-liquid absorption end (by reference sign 111, fig. 1) and a vaporization end (by reference sign 132, fig. 1), and the heating element being arranged at the vaporization end (by reference sign 132, fig. 1)) of the porous body;
the porous body comprising a first porous body (11, fig. 1) and a second porous body (12, fig. 1), a groove (113, 114, fig. 11) being provided on a surface of the first porous body (11) close to the e-liquid absorption end, and the second porous body (12, fig. 12) being partially or completely embedded in the groove; and a thermal shrinkage difference between the first porous body and the second porous body would be within the claimed range of being less than 2% since Zhou discloses porous alumina ceramics for both porous bodies [0042-0046].
Regarding claim 2, Zhou discloses the second porous body is completely embedded in the groove on the first porous body, the second porous body matches the groove, and the second porous body completely fills the groove (by reference signs 112 and 123, see figs. 8-10).
Regarding claim 3, since Zhou discloses porous alumina ceramics for both porous bodies [0042-0046] the thermal shrinkage difference between the first porous body and the second porous body would be within the claimed range of being less than 0.5%.
Regarding claim 4, since Zhou discloses porous alumina ceramics (same as the existing material disclosed by the instant application) for both porous bodies [0042-0046], a thermal shrinkage of the first porous body would be within the claimed ranges from 1% to 22%, and a thermal shrinkage of the second porous body would be within the claimed ranges from 1% to 22%.
Regarding claim 5. Zhou discloses the first porous body and the second porous body are identical porous ceramic bodies [0042-0046].
Regarding claim 8, Zhou discloses the first porous body is provided with an air guide channel, and the air guide channel is a through hole running through the first porous body along an extending direction from the e-liquid absorption end to the vaporization end (claims 1-2).
Regarding claim 9, Zhou discloses the first porous body is provided with an air guide channel, the air guide channel is a through groove arranged on an outer surface of the first porous body, and the through groove runs through the first porous body along an extending direction from an e-liquid absorption surface to a vaporization surface (claims 1-2).
Regarding claim 13, Zhou discloses wherein the heating element comprises an electrically conductive heating circuit, a first electrode, and a second electrode, the electrically conductive heating circuit is arranged on a surface of the vaporization end of the porous body, and the first electrode and the second electrode are electrically connected to the electrically conductive heating circuit (see fig. 1 and 6 and [0047]).
Regarding claim 15, Zhou discloses an electronic cigarette, comprising an electronic-cigarette vaporization core according to claim 1 (see discussion above for claim 1, Abstract and fig. 14).
Regarding claim 16, Zhou discloses a housing (21, fig. 14), an e-liquid storage bin (211), an upper bracket (103), a lower bracket, and a lower cover, wherein the upper bracket (103), the electronic-cigarette vaporization core, and the lower bracket are arranged between the housing and the lower cover (by reference sign 20, fig. 14), an outlet passage (212) is arranged on the housing, an air exit hole (121) communicated with the outlet passage and an e-liquid guide hole (11) communicated with the e-liquid storage bin are provided on the upper bracket, the electronic-cigarette vaporization core is located between the upper bracket and the lower bracket, the e-liquid storage bin is communicated with the e-liquid absorption end of the porous body through the e-liquid guide hole, a vaporization chamber (14, fig. 13) is between the vaporization end of the porous body and the lower bracket, the lower cover is located on a side of the lower bracket away from the electronic-cigarette vaporization core, an air intake hole is provided on the lower cover, and the air intake hole is communicated with the air exit hole through the vaporization chamber (claim 11).
Regarding claim 18, Zhou discloses the second porous body is completely embedded in the groove on the first porous body, the second porous body matches the groove, and the second porous body completely fills the groove (by reference signs 112 and 123, see figs. 8-10).
Regarding claim 19, since Zhou discloses porous alumina ceramics for both porous bodies [0042-0046] the thermal shrinkage difference between the first porous body and the second porous body would be within the claimed range of being less than 0.5%.
Regarding claim 20, since Zhou discloses porous alumina ceramics (same as the existing material disclosed by the instant application) for both porous bodies [0042-0046], a thermal shrinkage of the first porous body would be within the claimed ranges from 1% to 22%, and a thermal shrinkage of the second porous body would be within the claimed ranges from 1% to 22%.
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.
Claim(s) 10-12, 14 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (CN112089105A).
Regarding claim 10, since Zhou discloses porous alumina ceramics for both porous bodies [0042-0046] and porosity range of 40-70% overlapping with the claimed range; it would have been obvious to one of ordinary skill in the art at the time the invention was made t1o have the porous bodies with claimed pore size and porosity.
Regarding claims 11-12, Zhou discloses a volume of the second porous body (12, fig. 1) accounts for a total volume of the porous body (11 and 12 of fig.1) overlapping with the claimed range. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to pick the claimed range.
Regarding claim 14, since Zhou discloses the same existing material (alumina ceramics) as the instant application, one would expect the a crushing strength of the electronic-cigarette vaporization core is overlapping with the claimed range.
Regarding claim 17, since Zhou discloses the need to avoid the leakage phenomenon and the liquid locking function of the cover [0016], it would have been obvious to one of ordinary skill in the art at the time the invention was made to include sealing elements surrounding section 22, fig. 14 to avoid leakage.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al. (CN112089105A) in view of Xu et al. (CN111642801A)
Regarding claim 6, Zhou does not expressly discloses a cross groove in communicated with the central groove. Xu discloses the groove comprises a central groove and at least one cross groove located on an outer side of the central groove, and the at least one cross groove is communicated with the central groove (111) ([0008-0009] and fig. 3D) wherein the plurality of grooves help reducing pressure. Therefore, it would have been obvious to one of ordinary skill in the art the time the invention was made to provide plurality as taught by Xu.
Regarding claim 7, Xu discloses wherein a quantity of the cross grooves is two, and the two cross grooves are symmetrically arranged on two sides of the central groove ([0008-0009] and fig. 3D).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
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/PHU H NGUYEN/ Examiner, Art Unit 1747