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 .
Status of the Claims
Claims 1-3, 5, 9-17 and 19-25 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
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 16 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.
Regarding claim 16, the term “substantially” is a relative term which renders the claim indefinite. The term “substantially parallel” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, there is no indication in the disclosure as to what degree of parallel alignment is considered “substantial”. For example, substantially parallel surfaces may be interpreted as broadly as the surfaces are nearly parallel but not necessarily perfectly, parallel. For examination purposes, the term will be read as “parallel”.
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 1-3,5, 9 and 23-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shi et al. (CN110419779-A, as cited in the IDS dated 04/28/2024, hereinafter referred to English Translation).
Regarding claim 1, Shi directed to a method for preparing an electronic cigarette atomizer, electronic cigarette and atomizing component ([0002]), discloses an atomizer (electronic cigarette atomizer; [0008], Fig. 12), comprising:
a liquid storage cavity (oil storage chamber 120; [0060], [0124], Fig. 12) configured to store a liquid substrate (liquid matrix; [0055]); and
a porous body 10 ([[0055] – [0056], Figs. 1-3), comprising a first surface (liquid absorption surface a; [0060], [0073]), a second surface (atomizing surface b; [0018], [0060]). Shi discloses the claimed third surface in two different embodiments, embodiment (A) as “a side surface of the porous body 10 that enables aerosol escape” ([0060]) and embodiment (B) “ground escape channel within the atomization surface to release aerosol” ([0085], [0090]).
Shi further discloses the first surface of the porous body is not covered by a metal layer and is configured as an absorbent surface in contact with the liquid substrate ([0010]). Furthermore, the first surface is constructed to be in fluid communication with the liquid storage cavity so that liquid enters the porous body via the first surface ([0060]).
Shi further discloses a coating layer (metal layer; [0018], [0026] – [0028], [0032]) that covers the second surface ([0018]). Shi further discloses that the coating layer is formed on the second surface ([0085]). Furthermore, the porous body 10 and a heating element (heating material layer 30; [0055] – [0056]; [0059]) are connected and bonded by a metal layer 20 (i.e., coating layer) ([0055]), the heating element heats and atomizes the liquid substrate in the porous body to generate aerosol.
Shi further discloses two embodiments of the limitation third surface. Embodiment (A): side surface of the porous body 10 as being an aerosol escape site also shown as P2 arrows (Figs. 3 and 5), and embodiment (B) portion of the second surface that is not covered by the heating element as being an aerosol escape site ([0060]). Grinding the atomization surface so that part of the surface is changed from the coating form of the coating layer to the exposed form of the surface (i.e., third surface) to enable aerosol release ([0085], [0090]).
Regarding claim 2, Shi discloses that the porous body comprises porous ceramics ([0058])
Regarding claim 3, Shi discloses that the coating layer comprises a metal ([0009], [0011]).
Regarding claim 5, Shi discloses the heating element formed on the coating layer by means of screen printing and deposition ([0072]). Shi further discloses heating element is a heating element formed by printing ([0021], [0056]). Furthermore, the heat element is an electrothermal heating element ([0019]).
Shi further discloses the heating element is a planar heating element ([0022], [0059]). Furthermore, Shi discloses that the materials used for the heating element and the coating layer are selected to be more conductive thereby eliminating an interfacial stress between the heating element and the coating layer, so that they can be fused together to form a whole, thus generating or obtaining a relatively stable resistance ([0091]).
Shi further discloses the heating element connected to the porous body through the coating layer, results in a tighter bond, higher stability and uniformity of a resistance value ([0056]). Furthermore, Shi discloses a nickel coating layer coating the porous body, screen printed on a lower surface opposite to an upper surface using a nickel-chromium alloy (i.e., heating element) printing paste in accordance with a circuit pattern shape shown in Figure 2 ([0099]). Nickel-chromium alloy, a well-known high-heat resistance material, is printed according to a circuit pattern (i.e., a defined trajectory shape) on to the coating layer.
Regarding claim 9, Shi discloses an embodiment (B) of the third surface as” “a ground escape channel within the atomization surface to release aerosol” ([0085], [0090]). Shi further discloses that before grinding, the coating layer covers the entire second surface. The grinding step removes the coating layer specifically from areas not covered by the heating element. After this step, the coating layer remains below the heating element, while the surrounding areas are ground to being bare (without coating layer), exposed porous body. Since the coating layer is physically removed from this exposed area (i.e., the third surface), the third surface would be away from the coating layer ([0085], [0090], [0101]).
Regarding claim 23, Shi discloses the second surface is completely covered by the coating layer to prevent the liquid substrate from leaving the second surface ([0018]).
Regarding claim 24, Shi discloses an atomization device (electronic cigarette atomizer; [0008], [0037], Fig. 12), including an atomizer (atomizing device; [0037]) configured to atomize a liquid substrate (liquid matrix; [0055]) to generate an aerosol ([0055] – [0056]). She further discloses a power supply device configured to supply power to the atomizer ([0037]).
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.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (CN110419779-A, as cited in the IDS dated 04/28/2024, hereinafter referred to English Translation).
Regarding claim 25, Shi directed to a method for preparing an electronic cigarette atomizer, electronic cigarette and atomizing component ([0002]), discloses an atomization assembly for an atomizer (electronic cigarette atomizer; [0008], Fig. 12), comprising:
a porous body 10 ([[0055] – [0056]), comprising a first surface (liquid absorption surface; [0060]), a second surface (atomizing surface b; [0018], [0060]). Shi discloses the claimed third surface in two different embodiments, embodiment (A) as “a side surface of the porous body 10 that enables aerosol escape” ([0060]) and embodiment (B) “ground escape channel within the atomization surface to release aerosol” ([0085], [0090]).
Shi further discloses the first surface of the porous body is not covered by a metal layer and is configured as an absorbent surface in contact with the liquid substrate ([0010]). Furthermore, the first surface is constructed to be in fluid communication with the liquid storage cavity so that liquid enters the porous body via the first surface ([0060]).
Shi further discloses a coating layer (metal layer; [0018], [0026] – [0028], [0032]) that covers the second surface ([0018]). Shi further discloses that the coating layer is formed on the second surface ([0085]). Furthermore, the porous body 10 and a heating element (heating material layer 30; [0055] – [0056]; [0059]) are connected and bonded by a metal layer 20 (i.e., coating layer) ([0055]).
Shi further discloses two embodiments of the limitation third surface. Embodiment (A): side surface of the porous body 10 as being an aerosol escape site also shown as P2 arrows (Figs. 3 and 5), and embodiment (B) portion of the second surface that is not covered by the heating element as being an aerosol escape site ([0060]). Grinding the atomization surface so that part of the surface is changed from the coating form of the coating layer to the exposed form of the surface (i.e., third surface) to enable aerosol release ([0085], [0090]).
Shi demonstrated P2 arrows as the third surface in relation to an embodiment A as expressed above (Figs. 3 and 5). Furthermore, the third surface of embodiment B is positioned perpendicular to the second surface (Figs. 3 and 5) and the third surface of embodiment B is disclosed as being coplanar with the second surface ([0085], [0090])
Shi doesn’t explicitly disclose that the second surface and the third surface are arranged oppositely along an axial direction of the porous body.
However, it should be noted that where the general conditions of a claim are disclosed in the prior art including all the underlying functional elements, it is not inventive step to change the spatial arrangement between the second surface and the third surface to be on opposite side rather than to be perpendicular or coplanar to one another.
Therefore, one of ordinary skill in the art before the time of invention could modify the second surface and the third surface of a porous body to be arranged oppositely along an axial direction of the porous body with a reasonable expectation of success that it would result in the same function (atomized aerosol release) that matches the varied arrangement of the third surface with respect to the second surface.
Claims 12, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Shi as applied to claim 1 above, and further in view of Xiao et al. (US 20210030066 A1).
Regarding claim 12, Shi doesn’t explicitly disclose the first surface being constructed to extend along a circumferential direction of the porous body.
Xiao directed to an electronic cigarette and a porous component (Abstract), discloses a porous body (porous component 100; [0021], Figs. 1-6) comprising a first surface (liquid guiding portion 130 ([0021], [0024], Figs. 1-6), a second surface (atomizing portion 120; [0023]) and a third surface (first functional portion 1401; [0029], [0036], Fig. 5). Xiao further discloses that the first surface, the second surface and the third surface having a circular/ring shape aligned in a concentric arrangement ([0036]), illustrating that the first surface extends along a circumferential direction of the porous body as shown in figure 5.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Shi by constructing a ring shaped porous body thereby arranging the first surface to extend along a circumferential direction of the porous body as taught by Xiao, because both Shi and Xiao are directed to an atomization device comprising a porous body, Xiao teaches a ring-shaped porous body structure in order to achieve the effects of large amount of smoke and fast atomization speed (Xiao; [0036]), and this involves applying a known teaching to a similar device to yield predictable result.
Regarding claim 14, Shi doesn’t explicitly disclose the first surface at least partially extending between the second surface and the third surface.
Xiao demonstrates that the liquid guiding portion 130 (i.e., first surface) is arranged between the first functional portion 1401 (i.e., third surface) and the atomizing portion 12 (i.e., second surface) (Fig. 5).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Shi’s porous body by arranging the first surface to at least partially extend between the second and third surface as taught by Xiao, because both Shi and Xiao are directed to an atomization device comprising a porous body, Xiao teaches a ring-shaped porous body structure with first surface extending between second and third surface in order to achieve the effects of large amount of smoke and fast atomization speed (Xiao; [0036]), and this involves applying a known teaching to a similar device to yield predictable result.
Regarding claim 16, Shi doesn’t explicitly disclose the third surface is parallel to the second surface.
Xiao discloses an embodiment of the second surface being laminated on a side of the first surface and the third surface, that is the first surface and the third surface form a first layer on the one side of the porous substrate 110, the second surface forms a second layer laminated on the first layer ([0037], Fig. 6), disclosing a parallel alignment of the third surface and the second surface.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Shi’s porous body by arranging the third surface to be parallel to the second surface as taught by Xiao, because both Shi and Xiao are directed to an atomization device comprising a porous body, Xiao teaches a parallel alignment of the third surface and second surface of a porous body in order to increase the amount of smoke and the atomization speed (Xiao; [0037]), and this involves applying a known teaching to a similar device to yield predictable result.
Claims 10-11,13, 15, and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Shi as applied to claims 1 and 9 above, and further in view of Zhang et al. (US20220007724A1).
Regarding claim 10, Shi discloses a block porous body 10 ([[0055] – [0056], [0094], Figs. 1-3), comprising a first surface ([0060], [0073]), a second surface ([0018], [0060]), a coating layer ([0018], 0066]) covering the heating element and a third surface for aerosol escape site ([0060], [0061], Fig. 3, 5).
Shi doesn’t explicitly disclose a projection of the third surface on a surface of the coating layer covering the heating element.
According to the Applicant’s specification “the surface 350 has a first region part 351 that avoids the heating element 50 along the axial direction, and a second region part 352 opposite to the heating element 50 or covering the heating element 50” [0078], FIG. 3). This means the lowest/deepest part of the concave cavity 340 of the third surface 350 (shown in Fig. 3) is the part that sits closest to and aligned with the surface of the coating layer that is combined with the heating element.
Zhang directed to a porous body for an electronic cigarette atomizer ([0068]), discloses a dumbbell shaped porous body ([0071], Fig. 1) having a first porous portion 10, a second porous portion 20 and a third porous portion 30 (Figs. 1-12). The first porous portion 10 and the third porous portion 30 at the two ends of the porous body have an effect to store liquid tobacco (i.e., liquid substrate) therein and to replenish liquid substrate in the second porous portion 20, middle of the porous body [0072]). Liquid substrate is atomized in the second porous portion 20 ([0072]). Zhang further discloses an outer surface of the second porous portion 20 is defined as the liquid substrate absorbing face a (i.e., first surface) for contacting liquid substrate and a surface of an inner wall of a through hole of the porous body is defined as the atomizing face b (i.e., second surface) ([0072], see Fig. 2 and Fig. 5 below).
Zhang further discloses a concave cavity 21 formed on an outer surface of the porous body corresponding to the second porous portion 20 ([0071], Fig. 2), the inner surface and the outer surface of the second porous portion 20 are respectively a liquid tobacco absorbing face a (i.e., first surface) and an atomizing face b (i.e., second surface) ([0072], Fig.2, 4-5). Zhang further discloses a heating portion 50 (i.e., heating element) extends along the lengthwise direction of the porous body and is disposed in a position corresponding to the second porous portion 20, a portion of the heating element overlaps with an extension length of the second porous portion 20 ([0073]). In this case, a projection of the first surface would sit right on top of the surface of the heating element (Fig. 2).
Zhang teaches that the first surface projects on the surface of the heating element but doesn’t explicitly disclose the projection of the third surface on a surface of the coating layer covers the heating element.
However, it would be obvious for one with an ordinary skill in the art to have incorporated the known concave cavity structure of a porous body taught by Zhang into Shi’s porous body structure comprising first surface, second surface, third surface and a heating element covered by a coating layer, such that the third surface would define an inner concave cavity structure that projects on a surface of the coating layer covering the heating element thereby achieving a reasonable expectation of success.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Shi’s porous body by constructing the third surface to have an inner concave cavity structure that projects on a surface of the heating element as taught by Zhang and incorporating Shi’s coating layer within this modified structure, because both Shi and Zhang are directed to an atomizer comprising a porous body, Zhang teaches a concave porous body structure specifically designed to enable higher liquid substrate conductive efficiency and enhanced aerosol generation ([0071] – [0072]), and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 11, Shi discloses a porous body having a first surface, a second surface and a third surface as established in claim 1 and claim 9. Shi’s atomizer according to claim 9, established that the coating layer is physically removed from the third surface by griding process thus the third surface would be away from the coating layer ([0085], [0090], [0101]).
However, Shi doesn’t explicitly disclose a distance between the third surface and the first surface gradually decreasing along the direction of the third surface.
Zhang discloses an outer diameter of the first porous portion 10 (i.e., first surface) along the widthwise direction of the porous body gradually decreases along a forwarding direction of the lengthwise direction of the porous body toward the second porous portion 20 ([0076], Figs. 4-6). This discloses a porous body in which the first porous portion surface which corresponds to the claimed first surface matches with a gradually decreasing distance as it approaches the second porous portion which corresponds to the second surface.
While Zhang doesn’t explicitly disclose the distance between the third surface and the first surface arrangement body gradually decreasing along a direction of the third surface, the above expressed translational structure depicted in figures 4-6 and para [0076] can be applied to Shi’s porous body assembly by connecting the third surface and the first surface to have a gradually narrowing geometry such that the distance between the third surface and the first surface gradually decreasing along the direction of the third surface.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Shi by incorporating Zhang’s transitional shape of the porous body such that Shi’s third surface and first surface would have a distance between them that decreases along a direction of the third surface, because both Shi and Zhang are directed to an atomizer comprising a porous body, Zhang teaches this transitional arrangement of a porous body facilitates wetting and conducting efficiencies of liquid substrate thus enhancing efficiency of aerosol generation ([0076]), and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 13, Shi doesn’t disclose an angle between the first surface and the second surface.
Zhang discloses varied translational designs of the porous body, such as the first porous portion 10 having a convex face, a concave face or a flat face ([0076], Figs. 4-6). Furthermore, Zhang demonstrates a surface of the first porous portion 10 (i.e., first surface) which is shaped to be tilted toward the second porous portion 20. The second porous portion 20 having an inner face that is the second surface, is a column shaped, such as cylinder or prism shaped ([0074), that is constant cross-section, running parallel to the porous body’s central lengthwise axis. Considering the flat faced first surface (Fig. 6), tilting towards the second porous portion 20 that runs straight along the same axis, necessarily discloses an angular relationship between the first surface and the second surface.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Shi’s porous body structure to have an angle between the first surface and the second surface as taught by Zhang, because both Shi and Zhang are directed to an atomizer comprising a porous body, Zhang teaches a transitional shape of a porous body with an angle between the first and second surface in order to facilitate wetting and conducting efficiencies of liquid tobacco from the two ends of the porous body toward the middle of the porous body closer to the heating portion thereby enhancing aerosol generation([0076]), and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 15, Shi doesn’t disclose the third surface is constructed to be obliquely arranged along a direction close to the second surface.
Zhang discloses varied translational designs of the porous body, such as the first porous portion 10 having a convex face, a concave face or a flat face ([0076], Figs. 4-6). Furthermore, Zhang demonstrates a surface of the first porous portion 10 (i.e., first surface) which is shaped to be tilted toward the second porous portion 20. The second porous portion 20 having an inner face that is the second surface, is a column shaped, such as cylinder or prism shaped ([0074), that is constant cross-section, running parallel to the porous body’s central lengthwise axis. Considering the flat faced first surface (Fig. 6), tilting towards the second porous portion 20 that runs straight along the same axis, necessarily discloses an angular relationship between the first surface and the second surface.
Zhang teaches that the first surface is constructed to be obliquely arranged along a direction close to the second surface but doesn’t explicitly disclose the third surface as being constructed to be obliquely arranged along a direction close to the second surface as per claim 15.
However, it would be obvious for one with an ordinary skill in the art to have incorporated these known translational designs choice taught by Zhang into Shi’s porous body structure so that the third surface is constructed to be obliquely arranged along a direction close to the second surface thereby achieving reasonable expectation of success.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Shi’s porous body structure by constructing the third surface to be obliquely arranged along a direction close to the second surface as taught by Zhang, because both Shi and Zhang are directed to an atomizer comprising a porous body, Zhang teaches a transitional shape of a porous body with first surface obliquely arranged towards the second surface in order to facilitate wetting and conducting efficiencies of liquid tobacco from the two ends of the porous body toward the middle of the porous body thereby resulting in enhanced quantity of aerosol generation ([0076]), and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 19 and 20, Shi discloses a blocky porous body 10 (Figs. 1-4) and further illustrates a curved surface specifically a concave structure surface as shown in figure 6 ([0062]). Shi describes figure 6 embodiment of a porous body 10b as a deformed shape ([0062]). Shi further discloses that grinding the heating element to remove excess coating layer creates a channel for rapid aerosol escape ([0085]).
However, Shi is silent as to the third surface at least partially constructed as a curved surface, and at least partially defined with a concave cavity.
Zhang discloses a curved structure, a concave cavity 21 formed on an outer surface of the porous body corresponding to the second porous portion 20 ([0071], see Fig. 2 and Fig. 5 below). Zhang further discloses that curved concave cavity inner structure faces the first surface and the outer region of the concave cavity corresponds to the second surface, this specific structure design is in order to have higher liquid substrate conductive efficiency ([0071] – [0072]).
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While Zhang teaches the curved concave cavity structure at the second portion 20 region defining the first surface and the atomizing second surface, the limitations in claims 19 and 20 claim are such that the third surface is at least partially constructed as a curved surface and at least partially defined with concave cavity.
However, it would be obvious for one with an ordinary skill in the art to have incorporated this known curved and concave structure design choice taught by Zhang into Shi’s porous body by making its aerosol escape channel third surface to have at least partially curved, concave cavity structure thereby achieving reasonable expectation of success.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Shi’s third surface to have at least partially curved structure and to be at least partially defined with concave cavity structure as taught by Zhang, because both Shi and Zhang are directed to an atomizer comprising a porous body, Zhang teaches a concave structure defining the surfaces of a porous body in order to facilitate enhanced quantity of generated aerosol ([0076]), and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 21, modified Shi discloses a porous body with a concave cavity structure according to claim 20.
Shi further discloses an atomization chamber 320 connected to the lower end of smoke channel 110 (Fig. 12, [0124]). The atomizing chamber 320 is configured as a space for atomizing the liquid substrate ([0126] – [0127]).
Modified Shi doesn’t explicitly disclose the concave cavity is constructed to accommodate at least part of an atomization chamber of the aerosol.
Zhang directed to a porous body for an electronic cigarette atomizer ([0068]), discloses a dumbbell shaped porous body ([0071], Fig. 1), discloses a through hole 40 disposed inside the porous body is used as a transferring channel of aerosol formed via internal atomization is transferred to an aerosol channel of the atomizer ([0075], Figs. 2-3, 14). Zhang further discloses an aerosol conductive tube 110 is disposed in the atomizer to conduct aerosol atomized from liquid tobacco ([0102], Fig. 19). A porous heating body 400 and the aerosol conductive tube 110 are coaxially installed to ensure significantly smooth connection between the through hole in a middle of the porous heating body 400 and the aerosol conductive tube 110 ([0103], Figs. 2-3, 14, and 19-20). Zhang’s prior disclosure (established in the rejection of claim 20) of a concave cavity structure positioned at the atomizing surface of second porous portion and communicating with an adjacent through hole 40 that functions as the starting point of the atomization chamber through which generated aerosol passes through to the aerosol conductive tube 110 (Figs. 1-2, 14, 19-20).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify modified Shi’s third surface concave cavity to accommodate at least part of an atomization chamber of the aerosol as taught by Zhang, because both Shi and Zhang are directed to an atomizer comprising a porous body, Zhang teaches an arrangement of a through hole disposed inside porous body defined with concave cavity structure, with the through hole functioning as an aerosol transferring channel which partly accommodates the atomization chamber, and this involves applying a known teaching to a similar device to yield predictable results.
Regarding claim 22, modified Shi discloses a porous body with a concave cavity structure according to claim 20. Shi further discloses an oil storage chamber 120 (i.e., liquid storage cavity) for storing liquid matrix ([0124], Fig. 12), a silicone seat 300 located at the lower end of the liquid storage cavity is mainly used to seal the liquid storage cavity to prevent leakage of the liquid substrate ([0125]). An atomizing component 200 ([0126], [0127]) encompassing the whole porous body sits below a silicone seat 300 (Fig. 12). This silicone seat 300 separates the liquid storage cavity from the modified porous body having a concave cavity structure.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Shi as applied to claim 1 above, and further in view of Buchberger (US 20110226236 A1).
Regarding claim 17, Shi doesn’t explicitly disclose a distance between the third surface along an axial direction of the porous body and the second surface ranges from 0.01 mm to 0.5 mm-: or a minimum distance between the third surface along an axial direction of the porous body and the second surface is 0.01 mm.
Buchberger directed to a device for generating aerosol (Abstract and [0041]), discloses an aerosol generating device comprising a liquid storage cavity (liquid container 4; [0108]) containing a liquid substrate that is converted into an inhalable aerosol ([0108, Figs. 1, 9).
Buchberger further discloses a porous body (planar composite 22; [0122], Fig. 14a, consists of four layers: a metal foil 31 and three metal wire meshes 32 sintered thereon). Furthermore, a heating element can be formed by an electric heating resistor consisting of a metal foil 31 ([0049]; [0122] - [0123]; Fig. 14a). The metal foil 31 is the claimed coating layer.
Buchberger further discloses that the porous body comprises a first surface (one end of the composite 22, projects into a capillary gap 41; the capillary gap 41 feeds the wick of the composite with the liquid material 16 ([0137]; Figs. 11, 12a). Furthermore, a first wire mesh rests directly on the metal foil 31 (i.e., coating layer) ([0123]). The first wire mesh layer corresponds to the claimed second surface.
Buchberger further discloses a section that is exposed at least on one side of the planar composite 22 (see Annotated Figure 14a below), this section is side 24 of the planar composite 22 which faces away from the plate-like contacts 23. The vapor formed over the course of the evaporation of the liquid material can therefore flow out of the exposed capillary structure of the wick ([0117], Figs. 12a and 14a). Furthermore, the third wire mesh layer forms the top layer and at the same time the exposed capillary structure of the planar composite 22 ([0123]). Side 24, which is also outer section of the top layer/third wire mesh layer satisfies the claimed limitation third surface.
Buchberger further discloses a total composite (i.e., porous body) thickness ranging between 140-160 µm and a coating layer thickness of 10 µm ([0123], Table 1). The porous body includes all three wire mesh 32, plus the coating layer with a thickness of 10 µm. Subtracting the coating layer thickness from the total porous body thickness will result in a range from 130-150 µm thickness of the three wire mesh 32 which is the portion sitting between the coating layer and a side 24 where the wire mesh ends (i.e., third surface) (see Annotated Figure 14a below). The resulting thickness of 130-150 µm is the space occupied by the second surface (first wire mesh resting directly on the coating layer; [0123]) and the third wire layer mesh bordering the third exposed surface (see Annotated Figure 14a below). Converting the thickness unit will result in 0.13-0.15 mm thickness of the space occupied by the three wire mesh 32, which discloses the distance between the second surface and the third surface. The distance range disclosed by the prior art overlaps the claimed range from 0.01 mm to 0.5 mm and is therefore considered prima facie obvious.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Shi making the distance from the third surface to the second surface to be between 0.01 mm to 0.5 mm as taught by Buchberger, because both Shi and Buchberger are directed to aerosol generating device comprising a porous body, Buchberger teaches a sintered porous body with a known distance arrangement of the second and third surface and this involves applying a known teaching to a similar device to yield predictable results.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELEN G GHEBRESELASSIE whose telephone number is (571)270-0196. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached at 5712701241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HELEN GHEBRESELASSIE/ Examiner, Art Unit 1755
/PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755
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