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 6 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 6 states that the securing section is composed of a “super engineering plastic material”. The Specification states that a “super engineering plastic material” as “has high heat resistance and high mechanical strength and can be formed into a desired shape inexpensively by injection molding, and is therefore suitable for use as a material for forming a structural member. For example, the securing section 1260 may be composed of PEEK (polyether ether ketone), which is a type of engineering plastic material” ([0070]). Applicant identifies characteristics of “super engineering plastic material” but the only specific material identified is PEEK. It is unclear if applicant intends for other plastic materials to be covered by “super engineering plastic material”, and if so, what those specific materials are. For purposes of examination, a “super engineering plastic material” in claim 6 will be interpreted as PEEK (polyether ether ketone).
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.
Claims 1, 5, 7, 8, 10, 11, and 13-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liu et al. (CN 209807157U) (claims are mapped to the English translation provided).
Claims 1, 8, and 17. Liu et al. discloses a PTC heating element comprising an insulating base 1 and a heating element body 2, and the heating element body comprises a PTC ceramic (porous) substrate 201 (resistive heat generator) and metal electrode sheet 202 (tabular electric conductors). The PTC ceramic substrate 201 is sheet-shaped and has flanges 2011 on both sides. The metal electrode sheet 202 is provided with a strip-shaped slot 2021 that matches the flange 2011. On the two sides of the PTC ceramic base material, form two structures that tightly hug the two sides of the PTC ceramic base material sheet 201, so that the two metal electrode sheets 202 are coated on the two side edges of the base material and connected with the PTC. When the heating element is energized through the metal electrode sheet, the current flows from the two sides of the PTC ceramic substrate 201, and the covered area of the metal electrode sheet 202 on the PTC ceramic substrate is larger which helps reduce contact resistance (Page 3; Figures 1-4).
Claim 5. Liu et al. discloses that the PTC heating element includes an insulating base 1 (securing section). The metal electrode sheet 202 is clamped on the flange of the PTC ceramic substrate 201 and inserted into the mounting hole 3 (insertion section) on the base together with an interference fit (Example 1).
Claim 7. Liu et al. discloses that the insulating base 1 (securing section) has a rectangular shape (Figures 1 and 4).
Claims 10 and 11. Liu et al. discloses that the PTC ceramic substrate 201 (resistive heat generator) has a tabular shape with a thickness that is smaller than ¼ of its width (Figures 1, 2, and 3).
Claim 13. Liu et al. discloses that the PTC ceramic substrate 201 is sheet-shaped and has flanges 2011 on both sides. The metal electrode sheet 202 is provided with a long slot 2021 that matches the flange 2011, and the metal electrode sheet 202 can be clamped. On the two sides of the PTC ceramic substrate, two structures are formed to hold the two sides of the PTC ceramic substrate sheet 201 tightly, so that two metal electrode sheets 202 are covered on the two sides of the substrate and communicate with the PTC (Figures 1-4 where the electrode sheet has a rib formed by bending an edge of the sheet along an outer shape of the ceramic substrate sheet 201 from opposite surface of the ceramic substrate sheet 201; Page 3, example 1).
Claim 14. Liu et al. discloses that the PTC ceramic substrate 201 (resistive heat generator) has an angularly protruding shape toward its leading edge (Figures 1 and 2).
Claim 15. Liu et al. discloses that the metal electrode sheet 202 is provided with a long slot 2021 that matches the flange 2011, and the metal electrode sheet 202 can be clamped. On the two sides of the PTC ceramic substrate, two structures are formed to hold the two sides of the PTC ceramic substrate sheet 201 tightly, so that two metal electrode sheets 202 are covered on the two sides of the substrate and communicate with the PTC (Figures 1-4 where the electrode sheet has a rib formed by bending an edge of the sheet along an outer shape of the ceramic substrate sheet 201 from opposite surface of the ceramic substrate sheet 201; Page 3, example 1).
Claim 16. Liu et al. discloses that the electrode sheet is directly printed on the substrate using a paste printing process (Page 4, example 4).
Claim 18. Liu et al. discloses that the heating element heats to 220-250 °C (Page 2).
Claims 1, 2, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamaguchi et al. (JP2012238415A) (claims are mapped to the English translation provided).
Claim 1. Yamaguchi et al. discloses a gas heating device comprising porous heating element 120 which is formed in a long cylindrical shape corresponding to the internal space of the cylindrical container 159. The heating section 102 (heat generator) is formed by laminating rectangular plate-like porous heating elements 102a, 102b, 102c, 102d, and 102e and then pressing them together or integrating them. Conductive portions 103 and 104 (electric conductors) include porous conductors 103a and 104a formed in a disk shape corresponding to the cross-sectional shape of the heat generating portion 102, and ring-shaped electrode portions 103b and 104b bonded to the outer periphery. Heat generating portion 102 and the conductive portions 103 and 104 are pressure-bonded or welded at the contact surfaces, and are configured to be able to supply power to the heat generating portion 102 via the conductive portions 103 and 104 ([0058]-[0059]; Figures 1-3 and 8-13).
Claim 2. Yamaguchi et al. discloses that by stacking a plurality of sheet-like or plate-like porous heat generating elements, a three-dimensional porous heat generating element capable of generating heat at a required portion can be easily configured. In addition, the number and form of the heat generating elements to be combined are not particularly limited, and not only porous heat generating elements of the same form but also porous heat generating elements of different forms can be combined. For example, it is possible to combine heating elements having different porosity and resistivity ([0035]).
Claim 8. Yamaguchi et al. discloses that the porous conductor can be formed by providing a conductive layer on a part of the surface of the porous body constituting the porous heating element. The conductive layer can be formed, for example, by coating a predetermined region of the porous heating element with a conductive material such as metal ([0032]).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 209807157U) in view of Levin et al. (US 2013/0298905).
Claim 3. Liu et al. discloses the PTC ceramic substrate 201 but does not explicitly disclose that the PTC ceramic substrate 201 contains barium titanate.
Levin et al. discloses a heating unit which includes a ceramic component, such as a PTC ceramic, such as barium titanate and lead titanate composites ([0050]).
Levin et al. teaches that the heating unit includes a ceramic component, such as a PTC ceramic, which has a positive thermal coefficient of resistance. Most ceramics have a negative coefficient, while most metals have a positive coefficient. While metals do become slightly more resistant at higher temperatures, this class of ceramics (for example, barium titanate and lead titanate composites) has a highly nonlinear thermal response, so that it becomes extremely resistant above a composition-dependent threshold temperature. Advantageously, this aspect of the material can be useful as a thermostat, since the current passes when it is cool, and does not when it is hot ([0050]). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date that the PTC ceramic substrate 201 be modified to include barium titanate for its highly nonlinear thermal response, so that it becomes extremely resistant above a composition-dependent threshold temperature as taught by Levin et al.
Claim 4. Liu et al. in view of Levin et al. discloses the PTC ceramic substrate 201 does not contain carbon (Levin [0050]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 209807157U) in view of Liu et al. (US 2020/0367562).
Claim 6. Liu et al. discloses the system according to claim 5 but does not explicitly disclose that the insulating base 1 (securing section) is composed of a super engineering plastic material (PEEK).
Liu et al. (‘562) discloses a heater for an e-cigarette comprising a curing needle head 3 with a heating element. the curing needle head 3 is further provided with a fixed support 1 and a ceramic base 2. The ceramic base 2 is secured into the fixed support 1, and the curing needle head 3 is fixedly inserted into the ceramic base 2. The curing needle head 3 is integrally installed by the fixed support 1 and the ceramic base 2, so that the curing needle head 3 can be installed more conveniently. Moreover, the fixed support 1 and the ceramic base 2 can be insulated doubly to prevent heat from being transferred to the outside of the E-cigarette, improve heating efficiency and prevent the E-cigarette from scalding the hand ([0027]; [0029]). The fixed support 1 is made of PEEK plastic cement ([0030]).
Liu et al. (‘562) teaches that PEEK has the advantages of good insulation performance, thereby further improving heating efficiency and preventing the E-cigarette from scalding the hand ([0030]). Since Liu et al. (‘715) does not disclose a particular material for the insulating base 1, it would have been obvious to one of ordinary skill in the art before the effective filing date to select PEEK for its advantages of good insulation performance, thereby further improving heating efficiency and preventing the E-cigarette from scalding the hand as taught by Liu et al. (‘562) ([0030]). Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (See MPEP §2144.07).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 209807157U) in view of Herbrich et al. (US 2009/0095312).
Claim 9. Liu et al. discloses the aerosol generation system of claim 8 but does not explicitly disclose that the metal electrode sheet 202 (electric conductors) is composed of a nickel-containing iron alloy.
Herbrich et al. discloses a heating device 9 comprising a center contact pin 11, a ceramic inner tube 13, a heating spiral 15 and a ceramic outer tube 17 ([0027]; Figure 2). The heating spiral 15 has a high electrical resistance. It serves for the heating of the inner tube 13 and of the outer tube 17 and has a high temperature coefficient. The heating spiral 15 can, for example, comprise the nickel-iron alloy "Resistherm" with the components aluminum (mass portion 0.6%), chromium (0.3%), iron (30%), manganese (0.5%) and nickel (rest) ([0028]). A front-side connector end 23 of the heating spiral 15 is bent over in U shape, with the U shape engaging around the front side of the ceramic outer tube 17. A ring contact 25 of copper or of a metal alloy with a conductive covering is placed onto the front-side end of the outer tube 17 by press-fitting such that the front-side connector end 23 of the heating spiral 15 contacts the inner side of the ring contact 25 and thus an electrical connection is established between these two parts ([0029]; Figure 2). A rear-side connector end 31 of the heating spiral 15 is electrically connected to a rear-side end 33 of the center contact pin 11 ([0031]; Figure 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the metal electrode sheet 202 (electric conductors) of Liu et al. to be composed of a nickel-containing iron alloy, as used in the heating spiral 15 (the ends 23, 31 of which are electrically conductive connectors) of Herbrich et al. because the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (See MPEP §2144.07).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 209807157U) in view of Nakano et al. (WO 2019/186668 A1) (claim is mapped to the English translation provided).
Claim 12. Liu et al. discloses the system of claim 1 but does not explicitly disclose the aerosol generating substrate into which the heater and electric conductors are inserted.
Nakano et al. discloses an aerosol generating apparatus includes an electric heating element ([03]) wherein a rod-shaped electric heating element is inserted into the aerosol-generating article, and the electric heating element inserted into the aerosol-generating article heats the aerosol-generating article ([05]).
The configuration of the aerosol generating apparatus of Nakano et al. is notoriously well-known in the art and it would have been obvious to one of ordinary skill in the art that the heater and electric conductors of Liu et al. are intended to be inserted into an aerosol-generating article/aerosol generating substrate in the manner taught by Nakano et al.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST).
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/KATHERINE A WILL/Primary Examiner, Art Unit 1747
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