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 .
Response to Amendment
The amendment filed 05/22/2026 has been entered. Claims 1 and 2 have been amended. Claims 1-10 are pending. Applicant’s amendment to the claims have overcome the 112(b) rejection previously set forth in the Non-Final Rejection mailed 03/05/2026.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Lei (US 2022/0110370 A1), in view of Huang (CN 109645571 A).
Regarding claim 1, Lei discloses a heating assembly 10, to include: an atomization surface 1111 – (construed as a liquid guiding element); and heating element 10 arranged on a vaporization surface formed by the liquid guiding element, the heating element being configured to be energized to generate heat, see FIG. 1, [0043], wherein the heating element comprises an oblique straight section 124 a – (construed as a first heating part) and a first arc section 123 a – (construed as a second heating part), the first heating part and the second heating part form an electrical connection structure, see FIG. 4, [0051].
Lei does not explicitly disclose a temperature coefficient of resistance of the first heating part is greater than a temperature coefficient of resistance of the second heating part, or a resistance value of the heating element is detected to obtain a real-time temperature of the heating element for temperature control.
Huang discloses a heating assembly in particular the technical field of electric heating. The heating assembly to include a technique of a having a heating element have a first temperature coefficient of resistivity and is used for heating and heating the aerosol forming substrate in the non-combustion device; a temperature measuring element having a second resistivity temperature. The coefficient is used to measure the temperature of the heating assembly, and the second resistivity temperature coefficient is greater than the first resistivity temperature coefficient. Since the first resistivity temperature coefficient of the heating element is small, the corresponding resistance of the heating element changes slowly with temperature and can be maintained at a lower value. Therefore, the heating element has a higher heating speed and a larger heating power. The temperature coefficient of the second resistivity of the temperature measuring element is relatively large, and the resistance corresponding to the temperature measuring element is relatively large with temperature change, and the reaction is sensitive. Temperature control with a higher resistivity temperature coefficient will make the temperature control of the heating assembly sensitive and accurate, see page 16 paragraph 2.
Thus, one would appreciate such a technique of having a temperature coefficient of resistance of a first heating part be greater than a temperature coefficient of resistance of a second heating part is beneficial for controlling the temperature of a heating assembly in a sensitive and accurate manner. Moreover, as Huang discloses the real-time resistance of the temperature measuring element is determined by a control circuit, and the temperature of the heating assembly can be accurately obtained based on the second resistivity temperature coefficient of the temperature measuring element and the measured real-time resistance, see page 16 last paragraph to page 17 first paragraph. One would appreciate such a technique is indicative of a resistance value of the heating element is detected to obtain a real-time temperature of the heating element for temperature control.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Lei’s heating element to have a temperature coefficient of resistance of the first heating part is greater than a temperature coefficient of resistance of the second heating part, and a resistance value of the heating element is detected to obtain a real-time temperature of the heating element for temperature control as reasonably suggested by Huang to provide the heating assembly with aforementioned benefits.
Regarding claim 2, modified Lei discloses a material of the heating element as a heating film is formed of a material such as a metal. This to include materials such as a silver-platinum alloy, see Lei [0053] – [0054]; or a stainless steel material, see Huang page 16 paragraph 4 – (construed as a material of the first heating part comprises a first alloy, and a material of the second heating part comprises a second alloy, and wherein the first alloy comprises at least one of stainless steel and a silver-platinum alloy, or the second alloy comprises a nickel-chromium alloy).
Regarding claim 5, modified Lei discloses the having an electrode electrically connected to the heating element, see Lei [0015]. And taking the atomization surface as an electrode connection region then the heating element comprises an electrode connection region, wherein the first heating part is arranged in the electrode connection region, and wherein an electrode electrically connected to the heating element is located in the electrode connection region, see Lei FIG. 10.
Regarding claim 6, modified Lei discloses the first heating part and the second heating part are arranged in contact with each other to form the electrical connection structure connected in parallel, see Lei [0019].
Regarding claim 7, modified Lei discloses two ends of the first heating part are electrically connected to the second heating part in different segments separately to form the electrical connection structure connected in series, see Lei [0068].
Regarding claim 8, modified Lei discloses the heating element comprises at least two first heating parts, and wherein the at least two first heating parts are spaced apart in an extending direction of the second heating part, see Lei FIG 8.
Regarding claim 9, modified Lei discloses the heating element comprises at least one first segment 125 c; and at least one second segment 124 c, wherein the at least one first segment and the at least one second segment are connected end to end to form the heating element, and wherein an extending direction of the first segment is different from an extending direction of the second segment, see Lei FIG 8.
Regarding claim 10, modified Lei discloses an atomizer – (construed as a vaporizer) which uses the heating element, see at least Lei abstract.
Claims 3, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Lei (US 2022/0110370 A1), in view of Huang (CN 109645571 A), as applied to claim 1 above, and further in view of Matsumoto et al. (US 2019/0124993 A1 – of record).
Regarding claims 3, 8, modified Lei does not explicitly disclose the claimed first heating part length or current flow direction.
Matsumoto discloses a heat generating sheet for an aerosol inhaler. The heater is configured such that the sheet has a total area of 1 to 250 mm2 and when in a rectangular shape it has an aspect ratio of 1:1 to 3:1, see [0048] – (construed as and overlaps a length of the first heating part ranges from 0.5 mm to 3.0 mm). It being readily seen for a total area of 1 mm2 and an aspect ratio of 1:1 the heater has a length of 1 mm. Matsumoto further discloses the current flow along a length between electrodes allows for increasing the electrical resistance per unit volume of the heater while maintaining a favorable distribution of the electric field intensity.
Consequently, the heater unit can have a sufficient resistance value, and local heat generation by the heater unit can be reduced, see at least [0061]. Thus, one of ordinary skill would have good reason to form the heater to have a length of 1 mm and wherein a length direction of the first heating part corresponds to a flow direction of a current flowing through the first heating part; as this would predictably form a heater with a configuration for producing a more even uniform heat. Likewise, one would form the heater assembly to have two first heating parts, and wherein the at least two first heating parts are spaced apart in an extending direction of the second heating part. As this would do no more than form the heating assembly according to a predictable increased electrical resistance per unit volume of the heater. This being advantageous for maintaining a favorable distribution of the electric field intensity.
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust modified Lei’s heating assembly to have the first heating part length and current flow direction orientation and have two first heating parts, and wherein the at least two first heating parts are spaced apart in an extending direction of the second heating part as reasonably suggested by Matsumoto to provide the heater with a means for generating a uniform heat without localized heat generation. Concerning the claimed range: it has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art' a prima facie case of obviousness exists”, see MPEP § 2144.05(I).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Lei (US 2022/0110370 A1), in view of Huang (CN 109645571 A), as applied to claim 1 above, and further in view of Jeong et al. (US 2023/0172271 A1 – of record).
Regarding claim 4, while modified Lei discloses the oblique straight section 124 a/first heating part is arranged at a heating center, see FIG. 10; it does not explicitly disclose the claimed maximum temperature orientation.
Jeong discloses a heater for aerosol generation devices. The heater being configured to have a sensor pattern 33 – (construed as a first heating part) and a heating pattern 32 – (construed as a second heating part). The temperature coefficient of resistance of the sensor pattern is higher than that of the heating pattern, see [0059]; and where both are electrically connected, see at least FIG. 2, [0072] – (corresponds to a heating element comprises a first heating part and a second heating part, wherein a temperature coefficient of resistance of the first heating part is greater than a temperature coefficient of resistance of the second heating part, and wherein the first heating part and the second heating part form an electrical connection structure). One of ordinary skill would envision such a heater configuration as Jeong suggest doing so provides a means to accurately measure the temperature of the heating pattern, see [0059], [0066].
Moreover, that controlling a heater on the basis of a temperature of the central region, rather than on the basis of temperatures of the edge regions, may be suitable for improving control precision, see Jeong [0063] – (construed as wherein a maximum temperature formed by the heating element at the heating center is greater than a maximum temperature formed by the heating element at a position outside the heating center).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to form modified Lei’s heating assembly to have a maximum temperature formed by the heating element at the heating center is greater than a maximum temperature formed by the heating element at a position outside the heating center as taught by Jeong to provide the aforementioned benefit.
Response to Arguments
Applicant’s arguments with respect to claims 1-10 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CEDRICK S WILLIAMS whose telephone number is (571) 272-9776. The examiner can normally be reached on Monday - Thursday 8:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached on (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/CEDRICK S WILLIAMS/Primary Examiner, Art Unit 1749
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