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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "104a" and "104f" have both been used to designate second mounting groove (see page 6 lines 18-19).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “104a” has been used to designate both second mounting groove and accommodation compartment (see page 6 lines 19-20).
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first lead (claim 5 line 2) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the second lead (claim 12 line 2) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The term “yeum” is recited on page 5 line 4 of the instant specification and appears to be a possible translation error or a typographical error.
The term “LiGoO2” is recited on page 7 line 29 of the instant specification and appears to be a typographical error.
Appropriate correction is required.
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.
Claims 1 and 10 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.
Regarding Claim 1, The term “kept at” renders the claim indefinite because it fails to make clear what structure is required and whether/how the circuit board is positioned as claimed, its unclear if the circuit board has an accommodating recess at the claimed position, or if the circuit board is attached or fixed at the claimed positions and what structure is being claim to accomplish this. For the purposes of compact prosecution the term is interpreted to require the circuit board to have a recess at the claimed position.
Regarding Claim 10, the term “keep” renders the claim unclear because it fails to make clear what structure is required by the claim and whether the keeping portion of the closed end of the accommodation portion simply provides an accommodating space for the end of the heating assembly or if the keeping portion is attached or fixed at the claimed position to the heating assembly and what structure is required to accomplish this. For the purposes of compact prosecution, the term is interpreted to require the accommodation portion to provide an accommodating space for the end of the heating assembly.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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, 6, and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li ‘339 (CN 211794339U) submitted by applicant via IDS on 5-3-2024, English translation also submitted by Applicant on 5-3-2024 relied upon.
Regarding Claim 1, Li ‘339 discloses an aerosol generation device (100) comprising:
a housing (housing assembly 40, page 3 paragraph 5), having a first end (near top end wall) and a second end (near bottom end wall) opposite to the first end (see FIG 1);
a bracket (inner frame 43, page 3 paragraph 5), arranged in the housing (inner frame 43 nests into the housing 40, see FIG 5), wherein
the bracket (43) is provided with an accommodation compartment (431) arranged close to the first end (e.g., see page 3 paragraph 6, the receiving groove 431 is formed in the inner frame bracket 43 and receives the heating module 10, see also 431 in FIG 7) and
an extension portion (fixing plate 432, see FIG 7) extending from the accommodation compartment 431 towards the second end (the fixing plate 432 is the region of the inner frame 43 which has fixing groove 433 for the PCB 22, see page 3 paragraph 6);
a heating assembly (10, see FIG 2), at least partially accommodated in the accommodation compartment (heating module 10 is received in the receiving groove 431, page 3 paragraph 6), wherein
the heating assembly is configured to heat an inhalable material to generate an aerosol (heating module 10 includes tube 11 which receives cigarette in cavity 110 to heat the inhalable material in the cigarette, see page 3 paragraph 1); and
a circuit board (22 see FIG 2), wherein one end is kept at the accommodation compartment (top one end of 22 is held or positioned near the top of 431 which is in the accommodation compartment), and therefore an ordinary artisan would appreciate the top one end of 22 is positioned or kept at the accommodation compartment.
an other end is kept at the extension portion (bottom of PCB 22 is near extension portion/fixing plate 432, see also FIG 7, the PCV 22 is fixed in the fixing groove 433 of the extension portion 432 at the other end (see page 3 paragraph 6).
Regarding Claim 6, Li ‘339 discloses the claim limitations as set forth above. Additionally Li ‘339 discloses a side wall of the accommodation compartment is further provided with a connection portion, the circuit board comprises a press switch and an opening groove (the pathway through which the switch is electrically connected to the outside of the device so that it can be pressed and still have conductors that are electrically connected to the device is the connection portion), and
the aerosol generation device further comprises a button that is exposed outside the housing and is arranged on the press switch (see page 3 paragraph 8, the cover has a start switch 421 with a sliding cover 423, see page 3 paragraph 9, the switch is a press switch and is exposed outside the housing and pressed to activate the device and allow the device to be easily turned on); and
the connection portion runs through the opening groove to be connected to the button, to keep the button. (e.g., the push switch is connected to the device such that when the button is pressed it stays on the device and the wires that connect the button are connected through an opening groove such that the button is connected to the device so that the button turns on the device (see page 3 paragraph 9)
Regarding Claim 9, Li ‘339 discloses the accommodation compartment (431) is provided with an open end arranged close to the first end (e.g., top of 431 that has an open end and is close to the first end, see 431 in FIG 6) and
a closed end opposite to the open end (e.g., bottom of 431 is closed, see also FIG 5 part 43 which shows open end on the top left and part 43 inserts into part 41 which provides the closed lower end of 431); and
one end of the heating assembly (heating module 10) is kept at the closed end, and an other end is arranged close to the open end or extends out of the open end. (e.g., heating module 10 is received in accommodation compartment 431 when the device is assembled, the bottom of the heating module is kept at the closed and the other end is arranged close to the open end, see page 3 paragraph 6)
Regarding Claim 10, Li ‘339 discloses the closed end is provided with a keeping portion protruding towards the open end (the accommodating compartment 431 is provided with a channel that is open toward the open end, see FIG 7), and
the keeping portion is configured to keep the end of the heating assembly (the portion of accommodating compartment 431 which is the keeping portion that holds the heating module 10 is configured to keep or accommodated at least the end of the heating assembly/module 10).
Regarding Claim 11, Li ‘339 discloses the aerosol generation device further comprises a battery cell (battery 30), and
the battery cell (battery 30, see FIG 2 and page 3 paragraph 2) is arranged between the accommodation compartment (receiving groove 431) and the second end (bottom edge of the device) and is located on a side of the extension portion (battery 30 is located alongside PCB 22 and therefore the battery 30 is on a side of the fixing plate and at least some portion of the battery 30 is arranged between some portion of the receiving groove 431 and some portion of the bottom of the device and the battery is also on a side of the extension portion, see also FIG 2 and page 3 paragraph 2).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 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 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Li ‘339 (CN 211794339U) submitted by applicant via IDS on 5-3-2024, English translation also submitted by Applicant on 5-3-2024 relied upon, and further in view of Liu (CN 203327955U).
Regarding Claim 2, Li ‘339 discloses the claim limitations as set forth above. Li ‘339 teaches the bracket/accommodation compartment.
However, Li ‘339 fails to explicitly disclose a side wall of the accommodation compartment is provided with a notch groove.
Liu teaches a similar electronic cigarette with a housing and a heating element [0009] and teaches that in an electronic cigarette a side wall of the accommodation compartment may be provided with opposing mounting grooves [0016] for receiving and positioning a plate like component (electric heating plate [0015]-[0016]). Liu additionally teaches at [0027] that this configuration of heater plate has the effect of improving the smoking effect and satisfying the users psychological needs [0027].
It would have been obvious for a person of ordinary skill in the art to modify the device of Li ‘339 with the teachings of Liu and use the side wall mounting notch grooves taught by Liu to modify the side wall of Li ‘339 to retain a plate like separator in the heater accommodation region in order to benefit from the effects of Liu which improve the smoking effect and satisfy the users psychological needs.
Regarding Claim 3, modified Li ‘339 teaches the claim limitations as set forth above.
Li ‘339 teaches the bracket further comprises a separating plate (the partition plate 434) for separating the receiving groove 431 from the fixing plate 432 and PCB 22 to prevent heat transfer to the PCB (to separate the accommodation compartment and the circuit board, see page 3 paragraph 6).
However, as Li ‘339 fails to explicitly disclose the notch groove, Li ‘339 alone fails to explicitly disclose the separating plate is detachably mounted at the notch groove.
However, as set forth above, Liu teaches a plate like electronic hot plate is mounted at the notch groove on the side wall of the accommodation space [0016]-[0017].
It would have been obvious to a person of ordinary skill in the art to configure Li’s partition plate 434 as a detachable separating plate mounted according to the teachings of Liu in the side wall grooves of Liu so that the separator could be installed, positioned, and assembled by sliding groove engagement while still separating the heater compartment from the PCB to prevent heat transfer as taught by Li.
Regarding Claim 4, modified Li ‘339 teaches the claim limitations as set forth above.
Li ‘339 teaches the partition plate 434 as explained above.
the accommodation compartment is provided with a first mounting groove [0054], and
the separating plate is provided with a guide rail; or the accommodation compartment is provided with a guide rail (see [0054] two mounting slots opposite to each other configured to have the heating plate inserted therein functioning together as a guide rail, the two opposite mounting slots provide a space that is interpreted to be a guide rail which cooperates with the first mounting groove which includes opposed grooves receiving a plate like member teach or suggest cooperating rail/groove structure for detachably mounting a plate.
It would have been obvious to provide Li’s separating plate with a guide rail or corresponding mounting groove structure to engage Liu’s opposing mounting grooves because such sliding engagement is a predictable way to removably locate a plate in a compact electronic cigarette housing).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Li ‘339 (CN 211794339U) submitted by applicant via IDS on 5-3-2024, English translation also submitted by Applicant on 5-3-2024 relied upon, and Liu (CN 203327955U) as set forth above in claim 3, and further in view of Qiu (US20210251298A1).
Regarding Claim 5, modified Li ‘339 teaches the claim limitations as set forth above. Additionally, Li ‘339 teaches that power conducting element 12 of the heating module 10 is electrically connected and preferably welded to circuit board 20 and that the bottom of the energizing part 12 is welded and fixed to the bottom of PCB 22. (see page 3, paragraphs 1 and 2)
Liu teaches positive and negative wires from heat generating member 31 extending and electrically connecting to circuit board 42 [0041], these wires include a pathway, however Liu fails to explicitly disclose the separating plate is provided with a first via, and the aerosol generation device further comprises a first lead; and one end of the first lead is electrically connected to the heating assembly, and an other end extends through the first via to the outside of the accommodation compartment to be electrically connected to the circuit board.
However, Qiu teaches a similar electronic cigarette with a separating plate and also teaches
the separating plate is provided with a first via, (a partition plate 205 (separating plate) installed on fixing plate 2015, and teaches the first terminal 2021 (first lead) and second terminal 2022 extend through the partition plate 205) and
the aerosol generation device further comprises a first lead (terminal 2021); and
one end of the first lead is electrically connected to the heating assembly, and an other end extends through the first via (e.g., the path that accommodates the first lead is the first via, e.g., through hole, [0141] provides a path to the outside of the accommodation compartment to be electrically connected to the circuit board. (e.g., a partition plate 205 (separating plate) installed on fixing plate 2015, and teaches the first terminal 2021 (first lead) and second terminal 2022 extend through the partition plate through hole in order to electrically connect the battery and control board side of the partition plate to the electrodes/heating member (heating assembly) side of the partition and therefore teaches a via through a plate for connecting the electrical conductor [0141].)
Qiu also teaches that through holes are necessary in the separating plate in order to connect the power from the battery to the electrodes in the heating member to electrically drive the heating member [0140]. Therefore it would be obvious for a person of ordinary skill in the art to modify the separating plate of modified Li ‘339 with the through hole of Qiu so that the heating member can be electrically connected to power to drive the heating member as taught by Qiu.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Li ‘339 (CN 211794339U) submitted by applicant via IDS on 5-3-2024, English translation also submitted by Applicant on 5-3-2024 relied upon, as applied to claim 11 above, and further in view of Qiu (US20210251298A1).
Regarding 12, modified Li ‘339 teaches the claim limitations as set forth above. However, Li ‘339 fails to explicitly disclose the extension portion is provided with a second via, and the aerosol generation device further comprises a second lead; and one end of the second lead is electrically connected to the battery cell, and an other end runs through the second via to be electrically connected to the circuit board.
However, Qiu teaches a similar electronic cigarette with a separating plate and also teaches the extension portion is provided with a second via (through hole [0141], a partition plate 205 (separating plate) installed on fixing plate 2015, and teaches the first terminal 2021 (first lead) and second terminal 2022 (second lead) extend through the partition plate 205, e.g., the path that accommodates the second lead is the second via) and
one end of the second lead is electrically connected to the battery (30), and an other end extends through the second via (through hole, [0141] to the outside of the accommodation compartment to be electrically connected to the circuit board. (e.g., a partition plate 205 (separating plate) installed on fixing plate 2015, and teaches the second terminal 2022 extend through the partition plate through hole in order to electrically connect the battery and control board side of the partition plate to the electrodes/heating member (heating assembly) side of the partition and therefore teaches a via through a plate for connecting the electrical conductor [0141] to the battery and circuit board.)
Qiu also teaches that through holes are necessary in the separating plate in order to connect the power from the battery to the electrodes in the heating member to electrically drive the heating member [0140]. Therefore, it would be obvious for a person of ordinary skill in the art to modify the separating plate of modified Li ‘339 with the through hole of Qiu (which provides a path for the second lead which path is the second via) so that the heating member and battery can be electrically connected to power to drive the heating member as taught by Qiu.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Li ‘339 (CN 211794339U) submitted by applicant via IDS on 5-3-2024, English translation also submitted by Applicant on 5-3-2024 relied upon, and in view of Li ‘386 (CN203913386U)
Regarding Claim 7, modified Li ‘339 teaches the claim limitations as set forth above. Additionally, Li ‘339 teaches the bracket (inner frame 43, page 3 paragraph 5, inner frame 43 nests/is arranged into the housing 40, see FIG 5 and that the first frame 435 and second frame 436 is connected by snap fit), is provided with a mounting groove as set forth above, Li ‘339 also generally teaches internal frame retention as explained above.
However modified Li ‘339 fails to explicitly disclose the bracket is further provided with a second mounting groove, and an inner wall of the housing is provided with a convex column protruding towards the bracket; and the convex column cooperates with the second mounting groove to keep the bracket in the housing.
Li ‘386 teaches a similar electronic cigarette and includes suitable details regarding suitable brackets and mounting grooves known in the art for electronic cigarettes (see [0027]-[0030]) and teaches the bracket is further provided with a second mounting groove (152, [0029]), and
an inner wall of the housing (10) is provided with a convex column protruding towards the bracket (the inner wall of housing 110 having convex column 112 which correspond with the second mounting groove 152 on bracket 150, see FIG 2 and [0029]); and
the convex column cooperates with the second mounting groove to keep the bracket in the housing (groove 152 cooperates with convex column 112 to facilitate positioning and reliability between bracket 150 and housing 110 [0029], see FIG 2).
It would have been obvious to a person of ordinary skill in the art before the filing date of the claimed invention to modify Li ‘339 to include Li ‘386’s second mounting groove column structure as set forth above so that the bracket is easier to locate in the housing and so that the housing and positioning is more reliable as taught by Li ‘386 [0029].
Regarding Claim 8, modified Li ‘339 teaches the claim limitations as set forth above. However, Li ‘339 fails to explicitly disclose teaches a part of the second mounting groove is formed on a side wall of the accommodation compartment, and an other part of the second mounting groove is formed on the extension portion.
However, Li ‘386 teaches the second mounting groove as set forth above and teaches the axial groove 152 along the side wall of the receiving groove to facilitate positioning and reliability (see FIG 2 and [0029]. Additionally, Li ‘386 teaches another part of the second mounting groove is formed on the extension portion (E.g., some portion of the length of the groove extends along the length of the convex column 112 which has a length e.g., along extension portion, see FIG 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael T Fulton whose telephone number is (703)756-1998. The examiner can normally be reached Monday-Friday 7:00 - 4:30 ET.
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/M.T.F./ Examiner, Art Unit 1747
/Michael H. Wilson/ Supervisory Patent Examiner, Art Unit 1747
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