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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 11-13, 17, 19-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Xiao (CN11355736A with translation for citation).
Regarding claim 1, Xiao discloses an atomization core, comprising:
a seat comprising an atomization chamber (10, fig. 3);
a liquid guiding member arranged inside the atomization chamber and configured to guide an aerosol-generating substrate (50, fig. 3);
a heating component arranged on the liquid guiding member and configured to atomize, when energized, the aerosol-generating substrate (30, fig. 3); and
an electrode lead electrically connected to the heating component and fixing the heating component to the liquid guiding member (see fig. 6 and page 8).
Regarding claim 2. Zhao discloses wherein the heating component comprises a heating element and a first pin and a second pin arranged on two sides of the heating element; wherein the electrode lead comprises a positive electrode lead and a negative electrode lead, wherein an abutting portion of the positive electrode lead is electrically connected to and abuts against the first pin to fix the first pin of the heating component to the liquid guiding member, and/or wherein an abutting portion of the negative electrode lead is electrically connected to and abut against the second pin to fix the second pin of the heating component to the liquid guiding member (see fig. 6 and page 8).
Regarding claim 3, Xiao discloses wherein the seat comprises an air outlet opening (by reference sign 216, fig. 1) in communication with the atomization chamber, wherein the abutting portion of the positive electrode lead is arranged on a side of the heating element close to the air outlet opening along an air outlet path of the atomization core, and the abutting portion of the negative electrode lead is arranged on a side of the heating element away from the air outlet opening along the air outlet path of the atomization core, or wherein the abutting portion of the negative electrode lead is arranged on a side of the heating element close to the air outlet opening along the air outlet path of the atomization core, and the abutting portion of the positive electrode lead is arranged on a side of the heating element away from the air outlet opening along the air outlet path of the atomization core (see figs. 1 and 6).
Regarding claim 4, Xiao discloses the abutting portion of the positive electrode lead and the abutting portion of the negative electrode lead extend along two side edges of the heating component, respectively (see fig.6).
Regarding claim 5, Xiao discloses wherein the abutting portion of the positive electrode lead (by reference sign 35, fig. 6) and the abutting portion of the negative electrode lead (by reference sign 37, fig. 6) are parallel to each other.
Regarding claim 11, Xiao discloses wherein the seat comprises: a first seat body provided with a first groove, the liquid guiding member and the heating component being arranged in the first groove, and a second seat body forming the atomization chamber with the first seat body, and abutting against the heating component to fix the heating component to the liquid guiding member (see fig. 3).
Regarding claim 12, Xiao discloses wherein the first seat body includes an air outlet opening (by reference sign 14, fig. 3) in communication with the first groove, wherein the second seat body abuts against a first side edge and a second side edge of the heating element, respectively, and wherein the first side edge and the second side edge are located on two sides of the air outlet opening along a direction perpendicular to the air outlet path of the atomization core (see fig. 3).
Regarding claim 13, Xiao discloses wherein a side surface of the second seat body facing toward the first seat body comprises a first sidewall and a second sidewall that are opposite to each other, and wherein the first sidewall and the second sidewall abut against the first side edge and the second side edge, respectively (see fig. 3).
Regarding claim 17, Xiao wherein the liquid guiding member comprises a curved liquid absorption sponge (cotton/ceramic, fig. 3), and wherein the heating component comprises a curved metal heating mesh (33, fig. 6).
Regarding claim 19, Xiao discloses an atomizer, comprising: a housing; and the atomization core of claim 1 arranged inside the housing and cooperating with the housing to form a liquid storage chamber (212, fig. 1).
Regarding claim 20, Xiao discloses an electronic atomization device, comprising: the atomizer of claim 19; and a power supply assembly connected to the atomizer and configured to supply power to the atomizer (Abstract and page 8).
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) 6-10 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN11355736A with translation for citation).
Regarding claim 6, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the abutting portion of the positive electrode lead and the abutting portion of the negative electrode lead extend toward opposite directions because it’s a matter of obvious engineering choice (E.g. positive and negative terminals of a battery are on opposite size and the lead of a positive can go to the left while the lead of a negative go to the right to connect to the positive and negative terminals of the battery).
Regarding claim 7, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the abutting portion of the positive electrode lead is bent into a first curved portion, and the first curved portion extends along the first pin and abuts against the first pin, and wherein the abutting portion of the negative electrode lead is bent into a second curved portion, and the second curved portion extends along the second pin and abuts against the second pin because it’s a matter of obvious engineering choice to have curved portions in electrical wiring. Furthermore, changes in shape is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of claimed curve was significant (see In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)
Regarding claim 8, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the first pin and the second pin are curved in a direction of the air outlet path of the atomization core, wherein a radian of the first curved portion matches a radian of the first pin, and wherein a radian of the second curved portion matches a radian of the second pin because changes in shape is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of claimed curve was significant (see In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 9, it would have been obvious to one of ordinary skill in the art at the time the invention was made that the electrode lead comprises an abutting portion and a lead portion, and wherein the abutting portion comprises an extension of the lead portion so that the device have a complete electrical connection.
Regarding claim 10, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have a lead portion of the positive electrode lead is bent relative to the abutting portion of the positive electrode lead and extends toward a direction of the atomization chamber facing away from the air outlet opening, and is configured to connect the positive electrode of the power supply assembly, and/or wherein a lead portion of the negative electrode lead is bent relative to the abutting portion of the negative electrode lead and extends toward a direction of the atomization chamber facing away from the air outlet opening, and is configured to connect the negative electrode of the power supply assembly, and wherein a bending place of the positive electrode lead and a bending place of the negative electrode lead are located at two opposite corners of the heating component because changes in shape (bent) is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of claimed curve was significant (see In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)
Regarding claim 14, it would have been obvious to one for one of ordinary skill in the art at the time the invention was made to have a vertical distance between the first sidewall and/or the second sidewall and a bottom wall of the first groove is less than a thickness of the liquid guiding member changes in size and shape would have been obvious absent persuasive evidence (see In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966 and In Gardnerv.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984)).
Claim(s) 15-16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN11355736A with translation for citation) in view of Zhao et al. (CN209498589U with translation for citing).
Regarding claim 15, Xiao does not expressly disclose a plurality of liquid absorption slots. Zhao discloses solving drainage wherein the side surface of the first seat body facing toward the second seat body includes a plurality of first liquid absorption slots, and/or wherein the side surface of the second seat body facing toward the first seat body includes a plurality of second liquid absorption slots, and the plurality of first liquid absorption slots and the plurality of second liquid absorption slots are all in communication with a bottom of the atomization chamber, to guide, through capillary force, the aerosol-generating substrate flowing out from the bottom of the atomization chamber into the plurality of first liquid absorption slots and/or the plurality of second liquid absorption slots (fig. 2 and claim 13)
Regarding claim 16, the combination of Xiao and Zhao taken together as a whole teaches/suggests the seat includes an air outlet opening in communication with the atomization chamber, wherein the plurality of first liquid absorption slots are located on a side of the first groove facing away from the air outlet opening, and wherein the plurality of second liquid absorption slots are arranged opposite the plurality of first liquid absorption slots (fig. 3 of Xiao and fig. 2 of Zhao).
Regarding claim 18. Zhao does not expressly disclose a radian range of the liquid guiding member is 20° to 55°. However, changes in size and shape would have been obvious absent persuasive evidence (see In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966 and In Gardnerv.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984)).
Conclusion
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/PHU H NGUYEN/ Examiner, Art Unit 1747
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