Prosecution Insights
Last updated: April 19, 2026
Application No. 18/033,304

VAPORIZER AND ELECTRONIC VAPORIZATION DEVICE

Final Rejection §103
Filed
Apr 21, 2023
Examiner
DEZENDORF, MORGAN FAITH
Art Unit
1755
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Shenzhen First Union Technology Co. Ltd.
OA Round
2 (Final)
29%
Grant Probability
At Risk
3-4
OA Rounds
3y 0m
To Grant
86%
With Interview

Examiner Intelligence

Grants only 29% of cases
29%
Career Allow Rate
6 granted / 21 resolved
-36.4% vs TC avg
Strong +57% interview lift
Without
With
+57.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
42 currently pending
Career history
63
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
52.5%
+12.5% vs TC avg
§102
16.2%
-23.8% vs TC avg
§112
22.1%
-17.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 21 resolved cases

Office Action

§103
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 1-10, and 12-18 are pending and are subject to this office action. Claim 11 is withdrawn from consideration. Response to Amendment The Examiner acknowledges the Applicant’s response filed on 01/20/2026 containing amendments and remarks to the claims. Applicant has amended claim 1 to correct the antecedent basis issues. Therefore, the amendment overcomes the rejection of claims 1-10, and 12-18 under 35 U.S.C. 112(b). Response to Arguments Applicant's arguments filed 01/20/2026 have been fully considered but they are not persuasive. Applicant argues that the rejection of claim 1 under 35 U.S.C. 103 over Li in view of He and Zhou fails to disclose, “a seal element, being flexible and positioned between the support frame and the porous body, wherein the seal element comprises a block portion that blocks or seals the air outlet end, and the block portion is configured to bend or deform in response to a negative pressure change in the liquid storage cavity to open the air channel for air to enter the liquid channel” as required by amended claim 1. The Examiner disagrees. Li discloses a seal element (40, “seal element”) positioned between the mounting base (20, “support frame”) and the vaporization core (30, Fig. 4), as outlined in the Non Final Rejected dated 10/17/2025 pg. 3-4. He discloses a vaporization core (30) made of a porous ceramic material (i.e. a porous body, [0039]), as outlined in the Non Final Rejected dated 10/17/2025 pg. 4-5. Zhou was relied upon for disclosing a seal element comprising a block portion as required by claim 1. Zhou discloses a sealing element (30) comprising a shielding pad (313, “blocking portion”) in the form of a half-moon shaped flap, that is positioned over the ventilation hole (22, Fig. 3, Fig. 6, [0063, 0065]) and when the pressure is greater on the lower side of the shield pad (313), the shielding pad (313) is lifted up (i.e. “bends or deforms in response to negative pressure change in the liquid storage cavity”), allowing the ventilation hole (22) to be connected to the liquid storage chamber (12, Fig. 3, Fig. 6, [0064-0065]), as outlined in the Non Final Rejected dated 10/17/2025 pg. 6-7. The Examiner notes that the Applicant has not pointed out specifically how the references fail to meet the limitation. Therefore, the prior art rejections below are maintained and modified where necessitated by Applicant’s amendment. 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 1-10, and 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 20230122358 A1) in view of He (US 20230087448 A1) and Zhou (CN 111657548 A, as cited on IDS dated 04/21/2023, hereinafter referring to the English machine translation provided). Regarding claim 1, Li discloses a vaporizer (100, Fig. 2), comprising: A liquid storage cavity (12) configured to store e-liquid (Fig. 2, [0034]) A vaporization core (30) that vaporizes e-liquid from the liquid storage cavity (12, [0040]) A mounting base (20, “support frame”) configured to hold the vaporization core (30, Fig. 2), where the mounting base (20, “support frame”) comprises a vent groove (26, “at least one air channel”) and a through hole (220) in communication with the liquid storage cavity (12, Fig. 5 [0039]) A deformable seal element (40, “a seal element, being flexible”) covers the vent groove (26, “at least one air channel”) such that the vent groove (26, “at least one air channel”) has a vent opening (air outlet) in communication with the through hole (220)/liquid storage cavity (12) and an air inlet is exposed to be in communication with the vaporization cavity (51) and external air ([0052, 0054]) as illustrated in Fig. 5 below. PNG media_image1.png 423 1002 media_image1.png Greyscale The seal element (40, “a seal element”) is positioned between the mounting base (20, “support frame”) and the vaporization core (30, Fig. 4). Li discloses a vaporization core (30) that vaporizes e-liquid from the liquid storage cavity (12, [0040]) and electrodes that are electrically connected to the vaporization core (30) to supply power to the vaporization core (30, [0043]). Li does not explicitly disclose the vaporization core comprises a porous body, a liquid channel running through the porous body, a heating element, or that the air outlet of the air channel in the support frame is next to the liquid channel. However, He, directed to a cartridge (10, Fig. 1, [0032]), discloses: An atomization core (30) made of a porous ceramic material (i.e. a porous body, [0039]). The atomization core (30) comprises a seepage surface (31) in communication with a liquid storage chamber (12) and an opposite vaporization surface (32) provided with a heating wire (33, “heating element”, Fig. 11, Fig. 12, [0038-0039]) The seepage surface (31) is provided with a e-liquid slot (34, “liquid channel”) running through the atomization core (30) in a length direction which increases the surface area for e-liquid on the seepage surface (31) and ensures sufficient e-liquid in the atomization core (30, Fig. 11, Fig. 13, [0038, 0040]) A liquid channel running through the porous body is interpreted as a groove or duct that conducts liquid from the liquid storage cavity to the porous body. A length direction is interpreted as the direction along the wider dimension of the porous body that is perpendicular to the longitudinal axis of the device. Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Li by substituting the vaporization core with the atomization core disclosed by He because both Li and He are directed to electronic cigarettes, He teaches the atomization core comprise a e-liquid slot/channel that ensures sufficient e-liquid in the atomization core, and this involves substituting one known vaporization core for another in a similar device to yield predictable results. Li discloses the air outlet end of the vent groove (26, “air channel”) is adjacent to the upper surface of the vaporization core (30, Fig. 4, Fig. 5) and the vaporization core (30) is in fluid communication with the liquid storage cavity (12) via the through hole (220, Fig. 4, Fig. 5, [0035]). He discloses the e-liquid slot (34, “liquid channel”) is formed in the upper surface of the atomizing core (30, Fig. 2, Fig. 11). Therefore, the liquid channel (He: 34) is adjacent/next to the air channel outlet (Li: 26) and the liquid channel (He: 34) is in fluid communication with the liquid storage cavity (Li: 12). Li does not explicitly disclose a block portion that blocks the air outlet end of the vent groove (26, “air channel”). However, Zhou, directed to an atomizer (100), discloses: A base (20) provided with a ventilation hole (22) that connects a liquid storage chamber (12) and the atmosphere/external air (Fig. 3, [0055]). A sealing element (30) comprising a shielding pad (313, “blocking portion”) in the form of a half-moon shaped flap, that is positioned over the ventilation hole (22, Fig. 3, Fig. 6, [0063, 0065]) When the pressure is greater on the lower side of the shield pad (313), the shielding pad (313) is lifted up (i.e. “bends or deforms in response to negative pressure change in the liquid storage cavity”), allowing the ventilation hole (22) to be connected to the liquid storage chamber (12, Fig. 3, Fig. 6, [0064-0065]). When the pressure is greater on the upper side of the shielding pad (313), the shielding pad (313) rebounds to cover the ventilation hole (22, Fig. 3, Fig. 6, [0064-0065]). The shielding pad (313) reduces the risk of liquid not flowing due to low air pressure in the liquid storage chamber (12) and seals the ventilation hole (22) to avoid liquid leakage when the air pressure in the liquid storage chamber (12) is normal ([0066]). Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Li, in view of He, by providing a shielding portion on the seal element at the air outlet end of the vent groove as taught by Zhou, because both Li and Zhou are directed to electronic cigarettes, Zhou teaches the shielding pad ensures flow of liquid and prevents leaks during pressure changes, and this involves applying a known pressure relief structure in a similar device to yield predictable results. Regarding claim 2, Li discloses the mounting base (20, “support frame”) comprises a holding cavity for accommodating the vaporization core (30) and the vent groove (26, “at least one air channel”) extends from an inner surface of the holding cavity to an outer surface of the support frame (Fig. 3, Fig. 4, Fig. 5). An outer surface of the support frame is interpreted as a surface further from the center of the support frame. Regarding claim 3, Li discloses the seal element (40) is positioned between the vaporization core (30) and the mounting base (20), and vent groove (26, “air channel”) formed on the mounting base (20, “support frame”) He discloses a e-liquid slot (34, “liquid channel”) formed on an upper surface of the atomization core (30, “porous body”, Fig. 11). Zhou discloses a shielding pad (313, “block portion”) formed on a ventilation hole (22, Fig. 6). Therefore, the shielding pad (Zhou: 313, “block portion”) provided at the air outlet end of the vent groove (Li: 26, “air channel”) is positioned between the e-liquid slot (He: 34, “liquid channel”) and the vent groove (Li: 26, “air channel”). Regarding claim 4, Li discloses a vent groove (26, “air channel”) that extends in the length direction of the porous body (Fig. 5). As discussed above, a length direction is interpreted as the direction along the wider dimension of the porous body that is perpendicular to the longitudinal axis of the device. Regarding claim 5, Zhou discloses the shielding pad (313, “block portion”) is a half-moon shaped flap that has an edge connected to the seal element (30) and an opposing edge disconnected from the seal element (30) that lifts up (Fig. 6, [0065]) which is considered to meet the claim limitation of suspended relative to other parts of the seal element Regarding claim 6, Zhou discloses an alternative embodiment where the seal element (30) comprises a blocking cover (319, “blocking portion”) with slits on the edges to form a fan shaped structure of sub cover bodies (319, Fig. 7, [0069]). Zhou further discloses when the pressure is greater on the lower side of the blocking cover (318), the sub cover body (319) is lifted up (which opens the slit between adjacent cover bodies) to connect the ventilation hole (22) to the liquid storage chamber (12) and when the pressure is greater on the upper side of the blocking cover the sub covers (319) rebound to cover the ventilation hole (22, Fig. 7, [0068-0069]). Regarding claim 7, Zhou discloses an alternative embodiment where the seal element (30) comprises a blocking cover (319, “blocking portion”) with slits on the edges to form a fan shaped structure of sub cover bodies (319, Fig. 7, [0069]). The sub cover body (319) comprises a thinning groove (3192, “recessed structure”) which provides a thinner area of the sub cover body (319) making it easier for the sub cover body (319) to lift (Fig. 7, Fig. 8, [0070]). Regarding claim 8, He discloses an atomization core (30, “porous body”) comprising A seepage surface (31, “liquid absorbing surface”) in communication with the liquid storage chamber (12, i.e. for absorbing liquid substrate) and the seepage surface (31, “liquid absorbing surface”) is adjacent to the e-liquid slot (34, “liquid channel”, Fig. 11, [0038]), and; An atomization surface (32) on the bottom of the atomization core (30, “porous body”) provided with a heating element (33) for generating an aerosol (Fig.12, [0039]) Li discloses a vaporization cavity (51) that is in airflow communication with external air through vent hole (53) and the upper part of the vaporization cavity (51) is formed by the bottom surface of the vaporization core (30, Fig. 4, [0042, 0044]). Therefore, the vaporization surface (He: 32) defines at least part of the vaporization cavity (Li: 51). Li further discloses the vent groove (26, “air channel”) is in airflow communication with the vaporization cavity (51) and then external air through vent hole (53, Fig. 4, [0044, 0046-0047]). Regarding claim 9, Li discloses the seal element (40) is positioned in the holding cavity of the mounting base (20, “support frame”) and covers (i.e. wraps) a top surface (i.e. at least a part of an outer surface) of the vaporization core (30, “porous body”, Fig. 4, [0042]). Regarding claim 10, Li discloses a vent groove (26, “air channel”) with an outlet that is in communication with the top surface of the vaporization core (30, Fig. 4, Fig. 5). He discloses a e-liquid slot (34, “liquid channel”) formed on an upper surface of the atomization core (30, “porous body”, Fig. 11). Therefore, the air outlet end of the vent groove (Li: 26, “air channel”) faces the e-liquid slot (He: 34, “liquid channel”). Regarding claim 12, Li discloses the seal element (40) is positioned between the vaporization core (30) and the mounting base (20), and vent groove (26, “air channel”) formed on the mounting base (20, “support frame”) He discloses a e-liquid slot (34, “liquid channel”) formed on an upper surface of the atomization core (30, “porous body”, Fig. 11). Zhou discloses a shielding pad (313, “block portion”) formed on a ventilation hole (22, Fig. 6). Therefore, the shielding pad (Zhou: 313, “block portion”) provided at the air outlet end of the vent groove (Li: 26, “air channel”) is positioned between the e-liquid slot (He: 34, “liquid channel”) and the vent groove (Li: 26, “air channel”). Regarding claim 13, Li discloses a vent groove (26, “air channel”) that extends in the length direction of the porous body (Fig. 5). As discussed above, a length direction is interpreted as the direction along the wider dimension of the porous body that is perpendicular to the longitudinal axis of the device. Regarding claim 14, Zhou discloses the shielding pad (313, “block portion”) is a half-moon shaped flap that has an edge connected to the seal element (30) and an opposing edge disconnected from the seal element (30) that lifts up (Fig. 6, [0065]) which is considered to meet the claim limitation of suspended relative to other parts of the seal element Regarding claim 15, Zhou discloses an alternative embodiment where the seal element (30) comprises a blocking cover (319, “blocking portion”) with slits on the edges to form a fan shaped structure of sub cover bodies (319, Fig. 7, [0069]). Zhou further discloses when the pressure is greater on the lower side of the blocking cover (318), the sub cover body (319) is lifted up (which opens the slit between adjacent cover bodies) to connect the ventilation hole (22) to the liquid storage chamber (12) and when the pressure is greater on the upper side of the blocking cover the sub covers (319) rebound to cover the ventilation hole (22, Fig. 7, [0068-0069]). Regarding claim 16, Zhou discloses an alternative embodiment where the seal element (30) comprises a blocking cover (319, “blocking portion”) with slits on the edges to form a fan shaped structure of sub cover bodies (319, Fig. 7, [0069]). The sub cover body (319) comprises a thinning groove (3192, “recessed structure”) which provides a thinner area of the sub cover body (319) making it easier for the sub cover body (319) to lift (Fig. 7, Fig. 8, [0070]). Regarding claim 17, He discloses an atomization core (30, “porous body”) comprising A seepage surface (31, “liquid absorbing surface”) in communication with the liquid storage chamber (12, i.e. for absorbing liquid substrate) and the seepage surface (31, “liquid absorbing surface”) is adjacent to the e-liquid slot (34, “liquid channel”, Fig. 11, [0038]), and; An atomization surface (32) on the bottom of the atomization core (30, “porous body”) provided with a heating element (33) for generating an aerosol (Fig.12, [0039]) Li discloses a vaporization cavity (51) that is in airflow communication with external air through vent hole (53) and the upper part of the vaporization cavity (51) is formed by the bottom surface of the vaporization core (30, Fig. 4, [0042, 0044]). Therefore, the vaporization surface (He: 32) defines at least part of the vaporization cavity (Li: 51). Li further discloses the vent groove (26, “air channel”) is in airflow communication with the vaporization cavity (51) and then external air through vent hole (53, Fig. 4, [0044, 0046-0047]). Regarding claim 18, Li discloses a vent groove (26, “air channel”) with an outlet that is in communication with the top surface of the vaporization core (30, Fig. 4, Fig. 5). He discloses a e-liquid slot (34, “liquid channel”) formed on an upper surface of the atomization core (30, “porous body”, Fig. 11). Therefore, the air outlet end of the vent groove (Li: 26, “air channel”) faces the e-liquid slot (He: 34, “liquid channel”). Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORGAN FAITH DEZENDORF whose telephone number is (571)272-0155. The examiner can normally be reached M-F 8am-430pm EST. 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, Philip Louie can be reached at (571) 270-1241. 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. /M.F.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
Read full office action

Prosecution Timeline

Apr 21, 2023
Application Filed
Oct 15, 2025
Non-Final Rejection — §103
Jan 20, 2026
Response Filed
Feb 09, 2026
Final Rejection — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
29%
Grant Probability
86%
With Interview (+57.4%)
3y 0m
Median Time to Grant
Moderate
PTA Risk
Based on 21 resolved cases by this examiner. Grant probability derived from career allow rate.

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