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 .
Status of the Claims
Claims 1-20 are pending and are subject to this office action. This is the first Office Action on the merits of the claims.
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 1-4, 9-12, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 212728784 U, hereinafter referring to the English translation provided) in view of Zhou (US 20230422354 A1).
Regarding claim 1, Zhang discloses a non-combustion baking device (1, “an aerosol generation system”, Fig. 3), comprising:
A power supply (13) for supplying electric power to a conductive line (123, Fig. 3, [0056-0057, 0064]),
A heating element (12) configured to heat an aerosol forming substrate (2, Fig. 2, Fig. 3, [0056]), wherein the heating element (12) comprises:
A conductive substrate (121, “electric resistor”) sandwiched between two electric insulating layers (122, 125, Fig. 6, [0057, 0059-0060]), and;
Two protective layers (124, 126) sandwiching the conductive substrate (121) and two electric insulating layers (122,125, Fig. 6, [0057]).
The first protective layer (124) is made of glass or ceramic ([0066]) and therefore is considered to be a rigid body.
The heater (12) is inserted into the substrate (2, Fig. 1-3, [0056]).
The first protective layer (124) is shorter than the second protective layer (126, “have different sizes”, Fig. 4, Fig. 6).
The conductive line (123) is electrically connected to the power supply (13) and supplies electric power to the conductive substrate (121) through a notch/opening (1220) in the insulating layer (122), such that electricity travels through the conductive substrate (121) to generate heat (Fig. 6, [0059-0060, 0063-0065]) and therefore the conductive substrate (121) is considered to meet the claim limitation of an electric resistor producing heat with the electric power supplied from the power supply unit.
Zhang discloses the second protective layer (126) prevents the aerosol forming matrix (2) from corroding the insulating layer (125, Fig. 6, [0067]).
Zhang does not explicitly disclose the second protective layer (126) is rigid.
However, Zhou, directed to a heating element for an electronic cigarette ([0002]), discloses
A heating element (10) comprising a protective layer (170) for protecting a conductive substrate (110) from corrosion, the protective layer (170) is a ceramic layer (Fig. 2, [0063]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang by forming the second protective layer with a ceramic as taught by Zhou because both Zhang and Zhou are directed to electronic cigarettes, Zhang teaches a protective layer for a heating element to prevent corrosion but is silent to the material used, Zhou teaches a similar heating element having a protective layer formed of a ceramic to prevent corrosion, and this involves applying a known material to a similar protective layer in a similar heating element in a similar electronic cigarette to yield predictable results.
The second protective layer (Zhang: 126) formed of ceramic (Zhou: [0063]) is considered to be a rigid body.
Regarding claim 2, Zhang discloses that the second protective layer (126, “first rigid body”) is larger than the first protective layer (124, “second rigid body”, Fig. 6).
Zhang discloses a holder that holds the heating element (12), as shown in Fig. 3 below. The second protective layer (126, “first rigid body”) is part of the heating element (12) and therefore the holder is considered to hold the first rigid body.
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Regarding claim 3, Zhang discloses that the second protective layer (126, “first rigid body”) is longer than the first protective layer (124, “second rigid body”) in a direction in which the substrate (2) is inserted (Fig. 2, Fig. 3, Fig. 6, [0056]).
Regarding claim 4, Zhang discloses the second protective layer (126, “first rigid body”) and the first protective layer (124, “second rigid body”) are tabular (i.e. have a flat surface, Fig. 6).
Zhang is silent to the thickness of the first and second rigid bodies.
However, Zhou, directed to a heating element for an electronic cigarette ([0002]), discloses
A heating element (10) comprising a covering layer (160) and a protective layer (170) provided on the top and bottom surface of the heater (10, i.e. a first and second rigid body, Fig. 2, [0062-0063]).
The thickness of the covering layer (160) is in a range of 0.001 mm to 0.01 mm and the protective layer (170) is in a range of 0.001 mm to 0.01 mm ([0065]).
Zhou does not require that the thickness of the covering layer (160) and protective layer (170) are the same and discloses separate thickness ranges for each layer which reasonably suggests an embodiment where the thickness of the protective layer (170, a first rigid body) is thicker than the covering layer (160, a second rigid body).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Zhang by providing the first rigid body with a greater thickness than the second rigid body as taught by Zhou because both Zhang and Zhou are directed to electronic cigarettes, Zhang teaches a first and second rigid body but is silent to the thickness used, Zhou teaches a similar heating element having a first and second rigid body provided in a range of thicknesses that reasonably suggest an embodiment where the first rigid body is thicker than the second rigid body, and one having ordinary skill in the art would be motivated to look to similar heating elements for thickness ranges, and this involves applying a known thickness to a similar rigid body/protective layer a similar heating element in a similar electronic cigarette to yield predictable results.
The rejection of claims 9-12 are made in reference to the below annotated Fig. 3 of Zhang.
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Regarding claim 9, Zhang discloses the non-combustion baking device (1, “aerosol generation system, Fig. 3), further comprises:
A socket (10, “container”) that has an internal space and insertion hole (“opening”) for receiving the substrate (2) into the internal space through the opening (Fig. 1-3, [0055-0057]).
The insertion hole (“opening”) is in communication with the outside of the device (Fig. 2).
The holder holds the heater (12) such that a leading end of the heater (12) extends from a bottom of the socket (10, “container) towards the insertion hole (“opening”, Fig. 1-3).
Regarding claim 10, Zhang discloses the heater (12) is disposed in the internal space of the socket (10, “container”) and the heater (12) comprises the first protective layer (124, “second rigid body”, Fig. 3, Fig. 6, [0055-0057]). Therefore, the second rigid body is at least partially disposed in the internal space.
Regarding claim 11, Zhang discloses an end of the first protective layer (124, “second rigid body”) located toward the trailing end of the heater (i.e. a bottom end) is positionally aligned with an inner wall of the bottom of the container (10, Fig. 3, Fig. 6). Positionally aligned is interpreted as positioned such that the second rigid body is aligned with an inner wall of the bottom of the container.
Regarding claim 12, Zhang discloses a portion of the heater (12) protrudes into the internal space formed by socket (10, “container”), where the portion of the heater (12) comprises:
A conductive substrate (121, “electric resistor”) sandwiched between two insulating layers (122, 125, Fig. 6, [0057]), and;
Two protective layers (124, 126, “a first and second rigid body”) sandwiching the conductive substrate (121) and two insulating layers (122,125, Fig. 6, [0057]).
Regarding claim 20, Zhang discloses the non-combustion baking device (1, “aerosol generation system), further comprises a substrate (2, Fig. 1-Fig. 3, [0055]).
Claim 5-7 and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 212728784 U, hereinafter referring to the English translation provided) in view of Zhou (US 20230422354 A1), as applied to claim 2 above, further in view of Dou (CN 112244359 A, hereinafter referring to the English Machine translation provided).
Regarding claim 5, Zhang discloses a holder that holds the heating element (12, Fig. 3).
Zhang is silent to how the holder fixies the heating element and does not explicitly disclose a first hole and second hole in the holder.
However, Dou, directed to a heating element for an electronic cigarette ([0001-0003]), discloses:
A heating element (200) mounted on a mounting base (201, “a holder”), the mounting base (201) comprising a mounting base (201a), mounting cover (201b), and sealing element (203, Fig. 8, Fig. 9, Fig. 10, [0110-0111]),
The sealing element (203) portion of the holder comprises a hole (“a first hole”) which the heating element (200) passes through (Fig. 8, Fig. 10, [0110]),
The mounting base (201a) and mounting cover (201b) form a 4 sided structure having a hole (“a second hole”) on the top surface, as shown by the dashed lines in Fig. 8 below.
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Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang by providing the heating element in a holder having a first and second hole as taught by Dou because both Zhang and Dou are directed to electronic cigarettes, Zhang discloses a holder for the heating element but is silent to how the heating element is fixed in the holder, Dou teaches a similar heating element mounted in a holder having a first and second hole, and one having ordinary skill in the art would be motivated to look to similar holders for when designing a heating element, and this involves applying a known holder structure in a similar heating element in a similar electronic cigarette to yield predictable results.
The Examiner notes that claim 5 does not require that only the first rigid body to pass through the first hole and only the electric resistor and two electric insulators pass through the second hole. Therefore, the entirety of the heating element (200) passing through the first hole and second hold is considered to read on the claim.
Regarding claim 6, Dou discloses the first hole in the sealing element (203) is in the shape of a slit (Fig. 8, Fig. 10, [0110]) and holds the heating element (Zhang: 12) comprising the second protective layer (Zhang: 126, “first rigid body”, Fig. 6).
Regarding claim 7, the holder clamping the first rigid body is interpreted as the holder tightly holding the first rigid body.
Dou discloses the heating element (200) is sleeved on the sealing element (203) portion of the holder and that the holder is fixedly connected to the heating element (Fig. 8, Fig. 10, [0110-0111]).
Zhang discloses a heating element (12) comprising a second protective layer (126, “first rigid body”, Fig. 6).
Therefore, providing the heating element (Zhang:12) comprising a first rigid body disclosed by Zhang in a holder having a first and second hole disclosed by Dou, is considered to meet the claim limitation of the holder clamping the first rigid body.
Regarding claim 13, Zhang discloses a holder that holds the heating element (12, Fig. 3).
Zhang does not explicitly disclose the aerosol generation system comprises a sealer that seals a hole provided in the holder.
However, Dou, directed to a heating element for an electronic cigarette ([0001-0003]), discloses:
A heating element (200) mounted on a mounting base (201, “a holder”), the mounting base (201) comprising a mounting base (201a), mounting cover (201b), and sealing element (203, Fig. 8, Fig. 9, Fig. 10, [0110-0111]),
The sealing element (203) portion of the holder comprises a hole which the heating element (200) passes through (Fig. 8, Fig. 10, [0110]),
The sealing element (103, 203) is used to prevent liquid from flowing into holder (101, 201) along the surface of the heating element (100, 200, Fig. 7, Fig. 8, [0108]) which is considered to be sealing a hole in the holder.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang, in view of Zhou, by providing the heating element in a holder comprising a sealer that seals a hole around the heater as taught by Dou because both Zhang and Dou are directed to electronic cigarettes, Zhang discloses a holder for the heating element but is silent to the inclusion of a sealer, Dou teaches a similar heating element mounted in a holder having a sealer which seals a hole around the heater to prevent liquid from flowing into the holder, and this involves applying a known sealer structure in a holder in a similar electronic cigarette to yield predictable results.
Regarding claim 14, Dou discloses the sealing element (103, 203) is used to prevent liquid from flowing into holder (101, 201) along the surface of the heating element (100, 200, Fig. 7, Fig. 8, [0108]) which is considered to be sealing a hole in the holder.
Regarding claim 15, Dou discloses a sealing element (203) is positioned in the top portion of the holder (Fig. 8, Fig. 10, [0110]). Zhang discloses a holder positioned at the base of the heater (12) below an inner wall of the container bottom (Fig. 3). Therefore, the sealing element is positioned between the holder and an inner wall of the bottom of the container.
Regarding claim 16, Dou discloses the sealer (203) in nested in the top of the holder (201) such that the mounting base (201a) portion of the holder surrounds the peripheral edge of the sealer (203, Fig. 8).
Therefore, at least a portion of the holder is positioned between the sealer (Dou: 203) and an inner wall of the bottom of the container (Zhang: 10, Fig. 3).
In regards to the limitation requiring the sealer is disposed opposite an inner wall of the bottom of the container, Dou discloses a sealing element (203) is positioned in the top portion of the holder (Fig. 8, Fig. 10, [0110]) and Zhang discloses a holder positioned at the base of the heater (12) below an inner wall of the container bottom (Fig. 3). Opposite an inner wall of the bottom of the container is considered to be the surface of bottom wall opposite to the inner surface. Therefore, the sealing element is positioned opposite an inner wall of the bottom of the container.
Regarding claim 17, Dou discloses a positioner disposed between an inner surface of a bottom wall of the container (10) and the holder as shown in annotated Fig. 3 below. The inner wall of the container (10) is illustrated by the portion filled in with stripes and the positioner is illustrated by the housing portion surrounding the inner wall that is not shaded in. The positioner fills a gap between a bottom wall of the container (10) and the holder (Fig. 3) and therefore positions the inner wall of the bottom of the container.
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Regarding claim 18, Dou discloses the sealing element (103, 203) is made of silicone ([0108]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 212728784 U, hereinafter referring to the English translation provided) in view of Zhou (US 20230422354 A1) and Dou (CN 112244359 A, hereinafter referring to the English Machine translation provided), as applied to claim 8 above, further in view of Chen (WO 2018227790 A1, hereinafter referring to the English Machine translation provided).
Regarding claim 8, modified Zhang discloses the heating element (Zhang: 12) passes through a second hole formed by the mounting base (Dou: 201a) and mounting cover (Dou: 201b, Fig. 8), as discussed in the rejection of claim 5 above.
Zhang does not explicitly disclose the electric resistors and two electric insulators bend away from the first rigid body (126).
However, Chen, directed to a heated inhaler (abstract), discloses:
A heating sheet (12) mounted in a cover (144, “holder”, Fig. 9, [0041]), where the heating sheet (12) comprises bent portions (1221) increase the stability of the fixing seat (14) holding the heating element ([0042, 0043]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang, in view of Zhou and Dou, by bending the bottom portion of the electric resistor and two insulators under the top portion of the holder (i.e. in a direction away from the first rigid body) as taught by Chen because both Zhang and Liu are directed to electronic cigarettes, Chen teaches bending the heating sheet improves stability in the holder, and this involves applying a known structure of a heating sheet to a similar heater in a similar electronic cigarette to yield predictable results.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang (CN 212728784 U, hereinafter referring to the English translation provided) in view of Zhou (US 20230422354 A1), as applied to claim 2 above, further in view of Liu (CN 109068417 A, hereinafter referring to the English translation provided).
Regarding claim 19, Zhang discloses a holder that holds the heating element (12, Fig. 3).
Zhang is silent to the material used for the holder.
However, Liu, directed to a heating device for an aerosol generating device ([0002]), discloses:
A heating device (1) comprising a mounting base (103, Fig. 4, [0075]),
The mounting base (103) is made of a high temperature resistant plastic material including polyetheretherketone (PEEK, [0077-0078]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Zhang, in view of Zhou by using PEEK for the holder material as taught by Liu because both Zhang and Liu are directed to electronic cigarettes, Liu teaches using PEEK for the holder because it is a high temperature resistant material, and this involves applying a known holder material to a similar heater in a similar electronic cigarette to yield predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORGAN FAITH DEZENDORF whose telephone number is (571)272-0155. The examiner can normally be reached M-F 8am-430pm EST.
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/M.F.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755