Prosecution Insights
Last updated: April 19, 2026
Application No. 17/857,365

ELECTRONIC VAPORIZATION DEVICE AND VAPORIZER THEREOF

Non-Final OA §102§103§112
Filed
Jul 05, 2022
Examiner
LE, TOBEY CHOU
Art Unit
1747
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Shenzhen Smoore Technology Limited
OA Round
5 (Non-Final)
29%
Grant Probability
At Risk
5-6
OA Rounds
3y 10m
To Grant
84%
With Interview

Examiner Intelligence

Grants only 29% of cases
29%
Career Allow Rate
7 granted / 24 resolved
-35.8% vs TC avg
Strong +55% interview lift
Without
With
+55.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
42 currently pending
Career history
66
Total Applications
across all art units

Statute-Specific Performance

§101
2.0%
-38.0% vs TC avg
§103
52.2%
+12.2% vs TC avg
§102
21.2%
-18.8% vs TC avg
§112
18.7%
-21.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 24 resolved cases

Office Action

§102 §103 §112
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2025 September 4 has been entered. Claims 1, 3-7, 9-11, and 15-25 are pending. Claim Objections Claim 6 is objected to because of the following informalities: Claim 6: the term “the liquid guide plate” is suggested to be “the at least one vertically arranged liquid guide plate” to clearly point to the same term recited in claim 5. Appropriate correction is required. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claim 24 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 24: the instant specification discloses a tip portion as being “close” to a first air outlet channel [applicant 27, 47, 61] but appears to disclose no other positions of the tip portion. The liquid guide member is claimed (claim 22) and disclosed (applicant fig. 3-8, #53, #54, and #55) as being arranged on an end of the first air outlet channel, i.e. close to the first air outlet channel, further weighing against applicant possessing a tip portion “far” from the first air outlet channel. 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 24 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 24: the term “far” in claim 24 is a relative term which renders the claim indefinite. The claim does not define the term “far”, the specification does not disclose the word “far” or otherwise 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. Confusion arises as to the boundaries between the disclosed “close” examples and the claimed “far” position. The term “far from” is interpreted as “on the same device as” to make the claim examinable. 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. (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. Claims 19-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (US 20170196266 A1). Claim 19: Chen teaches a vaporizer (fig. 2 and [39], #100), comprising: a shell (120); a first air outlet channel (fig. 3 and [40], #121) and a vaporization cavity (1411) that are in communication with each other (liquid that condenses on #121 can return to #1411), the first air outlet channel (121) being provided on the shell (120); a liquid guide column (142 and 160) arranged on an end portion (bottommost end of 121) of the first air outlet channel (121) adjacent to the vaporization cavity (1411), the liquid guide column (142 and 160) being configured to be in contact with condensate ([38 and 40], condensate formed on #121 contacts #142 and #160 while returning to #1411) falling off from the first air outlet channel (121); a vaporization base (141); a second air outlet channel (channel which connects #1411 to topmost outlet of #141) provided on the vaporization base (141); and an air outlet (topmost outlet of 141) that is in communication with and corresponds to the first air outlet channel (121), the air outlet (topmost outlet of 141) being provided on the vaporization base (141) and being in communication with the vaporization cavity (1411), wherein the air outlet (topmost outlet of 141) is disposed inward (the topmost outlet of #141 is radially inside #141) on the vaporization base (141), wherein the liquid guide column (142 and 160) is arranged in the air outlet (topmost outlet of 141), and wherein the vaporization cavity (1411) is disposed closer to the second air outlet channel (channel which connects #1411 to topmost outlet of #141) than the first air outlet channel (121). Claim 20: Chen teaches the vaporizer of claim 19, wherein the liquid guide column (fig. 3, #142 and #160) is arranged on a central axis (longitudinal axis) of the first air outlet channel (121). Claim 21: Chen teaches the vaporizer of claim 19, wherein the liquid guide column (fig. 3, #142 and #160) is configured to be in contact with condensate ([38 and 40], condensate formed on #121 contacts #142 and #160 while returning to #1411) falling off from the first air outlet channel (121) so as to break surface tension of the condensate (condensed liquid is prevented from forming a surface tension film at #142 and instead returns to #1411, so surface tension is broken by #142) through a downward pulling force (gravity) and to guide the condensate into the vaporization cavity (1411). Claim 22: Chen teaches a vaporizer (fig. 2 and [39], #100), comprising: a shell (120); a first air outlet channel (fig. 3 and [40], #121) and a vaporization cavity (1411) that are in communication with each other (liquid that condenses on #121 can return to #1411), the first air outlet channel (121) being provided on the shell (120); a liquid guide member (142 and 160) arranged on an end portion (bottommost end of 121) of the first air outlet channel (121) adjacent to the vaporization cavity (1411), the liquid guide column (142 and 160) being configured to be in contact with condensate ([38 and 40], condensate formed on #121 contacts #142 and #160 while returning to #1411) falling off from the first air outlet channel (121); a vaporization base (141); a second air outlet channel (channel which connects #1411 to topmost outlet of #141) provided on the vaporization base (141); and an air outlet (topmost outlet of 141) that is in communication with and corresponds to the first air outlet channel (121), the air outlet (topmost outlet of 141) being provided on the vaporization base (141) and being in communication with the vaporization cavity (1411), wherein the air outlet (topmost outlet of 141) is disposed inward (the topmost outlet of #141 is radially inside #141) on the vaporization base (141), wherein the liquid guide column (142 and 160) is arranged in the air outlet (topmost outlet of 141), wherein the vaporization cavity (1411) is disposed closer to the second air outlet channel (channel which connects #1411 to topmost outlet of #141) than the first air outlet channel (121), and wherein and end portion of the liquid guide member (142 and 160) comprises a tip portion (topmost tip of #142). Claim 23: Chen teaches the vaporizer of claim 22, wherein the tip portion (fig. 3, topmost portion of #142) comprises an inclined surface (outer surface of topmost portion of #142). Claim 24: Chen teaches the vaporizer of claim 22, wherein the tip portion (fig. 3, topmost portion of #142) is on the same device as the first air outlet channel (121). Claim 25: Chen teaches the vaporizer of claim 22, wherein the tip portion (fig. 3, topmost portion of #142) is close to the first air outlet channel (121). 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. Claims 1, 3-7, 9-11, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 20170196266 A1) in view of Zhu (US 20160106153 A1). Claims 1, 7, and 16-18: Chen teaches a vaporizer (fig. 2 and [39], #100), comprising: a shell (120); a first air outlet channel (fig. 3 and [40], #121) and a vaporization cavity (1411) that are in communication with each other (liquid that condenses on #121 can return to #1411), the first air outlet channel (121) being provided on the shell (120); at least one vertically arranged liquid guide member (142 and 160) arranged on an end portion (bottommost end of 121) of the first air outlet channel (121) adjacent to the vaporization cavity (1411), the at least one vertically arranged liquid guide member (142 and 160) being configured to be in contact with condensate ([38 and 40], condensate formed on #121 contacts #142 and #160 while returning to #1411) falling off from the first air outlet channel (121); a vaporization base (141); a second air outlet channel (channel connecting #1411 to #1413 and #121) provided on the vaporization base (141); and an air outlet (topmost outlet of 141) that is in communication with and corresponds to the first air outlet channel (121), the air outlet (topmost outlet of 141) being provided on the vaporization base (141) and being in communication with the vaporization cavity (1411), wherein the air outlet (topmost outlet of 141) is disposed inward (the topmost outlet of #141 is radially inside #141) on the vaporization base (141), wherein the at least one vertically arranged liquid guide member (142 and 160) is arranged in the air outlet (topmost outlet of 141), and wherein the vaporization cavity (1411) is disposed closer to the second air outlet channel (1413) than the first air outlet channel (121), wherein the at least one vertically arranged liquid guide member is configured to be in contact with condensate ([38 and 40], condensate formed on #121 contacts #142 and #160 while returning to #1411) falling off from the first air outlet channel (121) so as to break surface tension of the condensate (condensed liquid is prevented from forming a surface tension film at #142 and instead returns to #1411, so surface tension is broken by #142) through a downward pulling force (gravity) and to guide the condensate into the vaporization cavity (1411). Chen does not explicitly teach that the at least one vertically arranged liquid guide member is a liquid guide plate arranged to split the air outlet with respect to the vaporization cavity, and that the liquid guide plate is a plurality of liquid guide plates, wherein the liquid guide plates are spaced. Zhu teaches a plurality of vertically arranged liquid guide plates (fig. 6 and [60], #123) that are spaced and arranged to split an air outlet (topmost outlet of 11) with respect to a vaporization cavity (interior of 11), such that the liquid guide plates defines a central air channel ([89], #121) separated from liquid flow (liquid flows through #14 which are radially outside #121). Chen’s liquid condenses on radially outermost portions of the first air outlet channel (Chen fig. 3 and [38], #121), and Zhu’s liquid flow is confined to radially outermost portions of an air outlet (Zhu fig. 2 and [76], topmost outlet of #11) to yield expectation to succeed. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the instant invention to shape Chen’s liquid guide member into Zhu’s plurality of liquid guide plates arranged to split the air outlet, because doing so would further separate Chen’s liquid flow from Chen’s first air outlet channel, and would otherwise be a simple substitution of liquid guide member shapes between vaporizers and would predictably guide Chen’s liquid flow. Claim 3: modified Chen teaches the vaporizer of claim 1, wherein the at least one vertically arranged liquid guide plate (fig. 3, #142 and #160) abuts at least one side of the end portion of the first air outlet channel (fig. 3, #121) that is close to the vaporization cavity (1411). Claim 4: modified Chen teaches the vaporizer of claim 3, wherein the at least one vertically arranged liquid guide plate (fig. 3, #142 and #160) is arranged in an abutting manner in a circumferential direction of the end portion (bottommost end of 121) of the first air outlet channel (121) that is close to the vaporization cavity (1411), and extends for a distance toward a direction of a central axis (longitudinal axis) of the first air outlet channel (121). Claim 5: modified Chen teaches the vaporizer of claim 3, wherein the at least one vertically arranged liquid guide plate (fig. 3, #142 and #160) crosses two sides of the end portion (bottommost end of 121) of the first air outlet channel (121) that is close to the vaporization cavity (1411), and abuts the two sides of the end portion of the first air outlet channel (121) that are close to the vaporization cavity (1411). Claim 6: modified Chen teaches the vaporizer of claim 5, wherein the at least one vertically arranged liquid guide plate (fig. 3, #142 and #160) is arranged on a central axis (longitudinal axis) of the first air outlet channel (121). Claim 9: modified Chen teaches the vaporizer of claim 16, wherein the liquid guide column (fig. 3, #142 and #160) is arranged at a hollow part of the end portion (bottommost end of 121) of the first air outlet channel (121) that is close to the vaporization cavity (1411). Claim 10: modified Chen teaches the vaporizer of claim 9, wherein the liquid guide column (fig. 3, cylindrical body of #142 and #160) is arranged on a central axis (longitudinal axis) of the first air outlet channel (121). Claim 11: modified Chen teaches the vaporizer of claim 16, wherein an end surface (fig. 3, topmost surface of #142 and #160) of the liquid guide column (142 and 160) that is close to the first air outlet channel (121) is higher than an end surface (bottommost surface of 121) of the first air outlet channel (121) that is close to the vaporization cavity (1411). Claim 15: modified Chen teaches an electronic vaporization device (fig. 2, #100 combined with fig. 18, #300), comprising: a power supply device (#300 as in [62]); and the vaporizer (100) of claim 1. Response to Arguments Applicant’s arguments of 2025 September 4 have been carefully considered. Upon further search and consideration, a new ground of rejection is made for claim 1 over Chen in view of Zhu. Applicant argues (p. 12) that Chen fig. 3, #142 and #160 are not arranged in #160. However, upon further search and consideration, Chen #142 and #160 being arranged in the topmost outlet of #141 reads on the instant liquid guide member being arranged in an air outlet. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tobey C. Le whose telephone number is (703)756-5516. The examiner can normally be reached Mon-Thu 8:30-18:30 ET. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H. Wilson can be reached on 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TOBEY C LE/Examiner, Art Unit 1747 /Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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Prosecution Timeline

Jul 05, 2022
Application Filed
Sep 09, 2024
Non-Final Rejection — §102, §103, §112
Dec 05, 2024
Response Filed
Dec 16, 2024
Final Rejection — §102, §103, §112
Feb 06, 2025
Response after Non-Final Action
Mar 10, 2025
Request for Continued Examination
Mar 11, 2025
Response after Non-Final Action
Mar 20, 2025
Non-Final Rejection — §102, §103, §112
Jun 09, 2025
Response Filed
Jul 01, 2025
Final Rejection — §102, §103, §112
Sep 04, 2025
Response after Non-Final Action
Oct 10, 2025
Request for Continued Examination
Oct 14, 2025
Response after Non-Final Action
Mar 23, 2026
Non-Final Rejection — §102, §103, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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2y 5m to grant Granted Mar 31, 2026
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Study what changed to get past this examiner. Based on 2 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
29%
Grant Probability
84%
With Interview (+55.0%)
3y 10m
Median Time to Grant
High
PTA Risk
Based on 24 resolved cases by this examiner. Grant probability derived from career allow rate.

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