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 .
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.
Claim 5 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.
Claim 5 recites the limitation "the first base." There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, it will be assumed that Claim 5 depends from Claim 2 instead of Claim 1 (given that Claim 2 first introduces the “a first base”).
Claims 6-8 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.
Claim 6 recites the limitation "the positive electrode of the battery." There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, it will be assumed that the claimed phrase is in reference to the “positive pole of the battery” (given that Claim 1 first introduces the “a positive pole of the battery”).
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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhou (WO 2016/123779, using the provided machine translation for citation purposes).
Regarding Claim 1, Zhou teaches an atomization device (Abstract). As illustrated in Figures 2-5 (and the annotated Figure 5 below), the atomization device comprises a housing assembly, wherein the housing assembly comprises the following (See [0040]-[0041], [0050]-[0070], [0079] of Zhou):
a first housing portion (i.e. mouthpiece (130)) and an incentive assembly (i.e. atomization core (120)) at least partially located in the first housing portion, and
a handle assembly (i.e. sleeve rod (210)) which comprises a casing assembly and a battery assembly at least partially installed in the casing assembly, and
the casing assembly comprises a handle portion and a second housing portion (i.e. bracket (220)) connected to the handle portion, and
the handle portion comprises an inner space and an installation opening communicating with the inner space, and
the battery assembly comprises a mounting seat and a built-in circuit board (i.e. circuit board (240)) installed on the mounting seat, and
a battery (i.e. battery (230)) installed on the mounting seat and electrically connected to the built-in circuit board, and
a first connection terminal directly or indirectly electrically connecting a positive pole of the battery and the built-in circuit board (such a first connection terminal is considered an inherent characteristic of Zhou’s device insofar as without such a first connection terminal, the battery would not be able to provide power to the built-in circuit board such that the built-in circuit board would not be functional), and
a second connection terminal directly or indirectly electrically connecting a negative pole of the battery and the built-in circuit board (such a second connection terminal is considered an inherent characteristic of Zhou’s device insofar as without such a second connection terminal, the battery would not be able to provide power to the built-in circuit board such that the built-in circuit board would not be functional), and
the mounting seat comprises a mounting groove (i.e. the groove in which the battery and built-in circuit board are mounted), and
a plurality of first gripping claws located on one side of the mounting groove (See annotated Figure 5), and
a plurality of second gripping claws located on another side of the mounting groove (See annotated Figure 5), wherein
the first and second gripping claws embrace the battery upon its installation in the mounting groove, and wherein
the first and second gripping claws are arc-shaped (i.e. “arc-shaped” insofar as the first and second gripping claws are illustrated as having a curved section to at least some degree).
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Allowable Subject Matter
Claims 2-5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims (and rewritten to overcome all applicable rejections under 35 USC 112(b)).
Claim 2 (Claims 3-5 depend from Claim 2) further limits the atomization device of Claim 1 by requiring that the mounting seat comprises a first base, a second base, a first baffle, a second baffle and a third baffle, wherein the mounting groove comprises a first mounting groove provided on the first base and a second mounting groove provided on the second base, wherein the first mounting groove is located between the first baffle and the third baffle, wherein the second mounting groove is located between the first baffle and the second baffle, wherein the built-in circuit board is located in the first mounting groove, and wherein the battery is located in the second mounting groove.
Zhou neither teaches nor suggests that the atomization device is constructed so as to include the structural limitations of Claim 2. Furthermore, it would not have necessarily been obvious that one of ordinary skill in the art would modify Zhou’s atomization device to arrive at the device outlined in Claim 2.
Claims 6-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims (and rewritten to overcome all applicable rejections under 35 USC 112(b)).
Claim 6 (Claims 7-8 depend from Claim 6) further limits the atomization device of Claim 1 by requiring that the first connection terminal is U-shaped, wherein the first connection terminal comprises a first metal sheet, a first mounting portion, and a first bridging portion connecting the first metal sheet and the first mounting portion, wherein the first mounting portion is electrically connected with the built-in circuit board, wherein the first metal sheet is in contact with the positive pole of the battery, wherein the second connection terminal is U-shaped, wherein the second connection terminal comprises a second metal sheet, a second mounting portion, and a second bridging portion connecting the second metal sheet and the second mounting portion, wherein the second mounting portion is electrically connected with the built-in circuit board, wherein the battery assembly further comprises a spring connected to the second metal sheet, and wherein the spring is in contact with the negative pole of the battery.
Zhou neither teaches nor suggests that the atomization device is constructed so as to include the structural limitations of Claim 6. Furthermore, it would not have necessarily been obvious that one of ordinary skill in the art would modify Zhou’s atomization device to arrive at the device outlined in Claim 6.
Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 9 further limits the atomization device of Claim 1 by requiring that the battery assembly comprises an anti-vibration pad installed on a bottom of the mounting seat, wherein the casing assembly comprises an end cap mated with the handle portion, and wherein the end cap is provided with a plurality of claws which are clamped on an inner wall of the handle portion.
Zhou neither teaches nor suggests that the atomization device is constructed so as to include the structural limitations of Claim 9. Furthermore, it would not have necessarily been obvious that one of ordinary skill in the art would modify Zhou’s atomization device to arrive at the device outlined in Claim 9.
Claims 10-12 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 10 (Claims 11-12 depend from Claim 10) further limits the atomization device of Claim 1 by requiring that the incentive assembly comprises an incentive element, a first wire and a second wire connected to the incentive element, and a first conductive piece and a second conductive piece connected to the first wire and the second wire respectively, wherein the second housing portion comprises an arc-shaped groove and an extending protrusion protruding into the arc-shaped groove, wherein the first conductive piece and the second conductive piece are fixed on the extending protrusion, and wherein the battery assembly comprises a first conductive terminal and a second conductive terminal electrically connected to the built-in circuit board.
Zhou neither teaches nor suggests that the atomization device is constructed so as to include the structural limitations of Claim 10. Furthermore, it would not have necessarily been obvious that one of ordinary skill in the art would modify Zhou’s atomization device to arrive at the device outlined in Claim 10.
Conclusion
While not currently relied upon in a prior art rejection, the following reference(s) is/are noted for relevance to the instant Claims:
Hoshi et al. (WO 2020/213449, using the provided machine translation for citation purposes) discloses a battery pack comprised in a non-combustion-type inhaler (Title, Abstract). As illustrated in Figures 3-4, Hoshi teaches that the inhaler comprises a holder (204) which includes baffles and mounting grooves, wherein a battery cell (203) is mounted in one mounting groove, wherein a circuit board (205) is mounted in another mounting groove, and wherein a tab (212) electrically connects the positive and negative pole of the battery to the circuit board ([0017]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W VAN OUDENAREN whose telephone number is (571)270-7595. The examiner can normally be reached 7AM-3PM EST M-F.
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/MATTHEW W VAN OUDENAREN/Primary Examiner, Art Unit 1728
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