Prosecution Insights
Last updated: May 29, 2026
Application No. 18/087,995

VAPORIZATION DEVICE AND DIVERGING VAPORIZATION MODULE

Non-Final OA §102
Filed
Dec 23, 2022
Priority
Dec 27, 2021 — CN 202111619942.4
Examiner
CULBERT, COURTNEY GUENTHER
Art Unit
1747
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Shenzhen Smoore Technology Limited
OA Round
1 (Non-Final)
26%
Grant Probability
At Risk
1-2
OA Rounds
2m
Est. Remaining
31%
With Interview

Examiner Intelligence

Grants only 26% of cases
26%
Career Allowance Rate
11 granted / 43 resolved
-39.4% vs TC avg
Moderate +6% lift
Without
With
+5.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 8m
Avg Prosecution
33 currently pending
Career history
92
Total Applications
across all art units

Statute-Specific Performance

§103
91.3%
+51.3% vs TC avg
§102
5.8%
-34.2% vs TC avg
§112
1.8%
-38.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 43 resolved cases

Office Action

§102
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 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. Election/Restriction Applicant’s election without traverse of Species A1) A module in which the air inlet and the air outlet are located in the centers of two ends of the module, and Species B1) A module in which the diverging airway is located on an outer ring of the thermal insulation component, in the reply filed on 3/27/2026 is acknowledged. Status of the Claims Claims 1-12 are pending. 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. Claims 1-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goch (US 2017/0071251 A1). Regarding claim 1, Goch discloses a diverging vaporization module (“tobacco-heater module 14”, Fig. 5, ¶ 0036), comprising: an accommodating cavity (“chamber interior 6a”, Fig. 5, ¶ 0030) configured to accommodate an aerosol-forming matrix (“accommodating a tobacco substance in a chamber interior 6a”, ¶ 0030); a heating component (“chamber-heating device 7”, Fig. 5, ¶ 0030), a thermal insulation component (“thermal barrier 35”, Fig. 5, ¶ 0060), and a diverging airway (“bypass flow channel 33c”, Fig. 5, ¶ 0055) arranged outside the accommodating cavity; and an air inlet (“inlet opening arrangement 29”, Fig. 5, ¶ 0055) and an air outlet (“chamber outlet opening 32b”, Fig. 5, ¶ 0055) respectively configured for air intake and exhaust, wherein the air inlet is respectively in communication with the accommodating cavity (via “chamber inlet opening 32a”, Fig. 5, ¶ 0053) and an air inlet end of the diverging air (bottom end of the diverging airway) and the air outlet is respectively in communication with the accommodating cavity (see Fig. 5) and an air outlet end of the diverging airway (top end of diverging airway, “bypass flow channel 33c runs from the inlet opening arrangement 29 to the chamber outlet opening 32b”, ¶ 0055) so that an aerosol entering the air inlet flows out through the accommodating cavity and the diverging airway (see arrows in Fig. 5). Regarding claim 2, Goch discloses the diverging vaporization module of claim 1, as discussed above. Goch further discloses wherein the air inlet and the air outlet are respectively located on two ends of the diverging vaporization module (see Fig. 5). Regarding claim 3, Goch discloses the diverging vaporization module of claim 1, as discussed above. Goch further discloses a temperature control assembly (“control arrangement 24”, Fig. 5, ¶ 0046) configured to control a temperature of the heating component (“control arrangement 24 preferably has an input device 26 for adjusting the process temperature”, ¶ 0046). Regarding claim 4, Goch discloses the diverging vaporization module of claim 1, as discussed above. Goch further discloses wherein the heating component surrounds an outer ring of a side wall of the accommodating cavity (see Fig. 5). Regarding claim 5, Goch discloses the diverging vaporization module of claim 4, as discussed above. Goch further discloses wherein the thermal insulating component surrounds an outer ring of the heating component (see Fig. 5). Regarding claim 6, Goch discloses the diverging vaporization module of claim 1, as discussed above. Goch further discloses wherein the diverging airway is located on an outer ring of the heating component (see Fig. 5). Regarding claim 7, Goch discloses the diverging vaporization module of claim 6, as discussed above. Goch further discloses wherein an isolation pipe (“filling cap 28”, Fig. 5, ¶ 0048) is sleeved outside the thermal insulation component (i.e., it is sleeved at a location outside of the thermal insulation component), a housing (“housing part 15”, Fig. 5, ¶ 0036) is sleeved outside the isolation pipe, and the diverging airway is formed between the housing and the isolation pipe (see Fig. 5). Regarding claim 8, Goch discloses the diverging vaporization module of claim 7, as discussed above. Goch further discloses wherein an air inlet hole and an air outlet hole (see Fig. 5 below, annotated by the examiner) respectively in communication with the air inlet and the air outlet are respectively provided on the two ends of the diverging airway (see Fig. 5). PNG media_image1.png 645 828 media_image1.png Greyscale Figure 5, Annotated by Examiner Regarding claim 9, Goch discloses the diverging vaporization module of claim 8, as discussed above. Goch further discloses wherein the air inlet hole and the air outlet hole on the two ends of the diverging airway are staggered circumferentially (see Fig. 5 above, annotated by the examiner). Regarding claim 10, Goch discloses the diverging vaporization module of claim 8, as discussed above. Goch further discloses a flow cavity (see Fig. 5 above, annotated by the examiner) in communication with the diverging airway and the air outlet. Regarding claim 11, Goch discloses the diverging vaporization module of claim 1, as discussed above. Goch further discloses wherein an adjusting component (surface of “housing part 15” around the air inlet, “inlet opening arrangement 29”, see Fig. 5) is arranged on the air inlet end of the diverging vaporization module to adjust an amount of the aerosol flowing through the diverging airway and an amount of the aerosol flowing through the accommodating cavity (pressing a finger against the adjusting component 15 to block the air inlet 29 will prevent fluid flow through the air inlet 29, thereby adjusting an amount of the aerosol flowing through the diverging airway and an amount of the aerosol flowing through the accommodating cavity). Regarding claim 12, Goch discloses a vaporization device (“smoking device” of Fig. 5, ¶ 0026), comprising: the diverging vaporization module of claim 1, as discussed above. Goch further discloses a vaporizer (“liquid-evaporator module 12”, Fig. 5, ¶ 0036) matching with the diverging vaporization module (Fig. 5). With regards to an aerosol heated and discharged by the vaporizer flowing into the diverging vaporization module through the air inlet, this process step relates to how the device is used and does not distinguish over the device of Goch as the device of Goch may be operated in this manner (for example, by a user inhaling aerosol heated and discharged by the vaporizer and blowing said aerosol back through the air inlet). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to COURTNEY G CULBERT whose telephone number is (571)270-0874. The examiner can normally be reached Monday-Friday 9am-4pm. 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 at (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. /C.G.C./Examiner, Art Unit 1747 /Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
Read full office action

Prosecution Timeline

Dec 23, 2022
Application Filed
May 07, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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Patent 12478101
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2y 8m to grant Granted Nov 25, 2025
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
26%
Grant Probability
31%
With Interview (+5.8%)
3y 8m (~2m remaining)
Median Time to Grant
Low
PTA Risk
Based on 43 resolved cases by this examiner. Grant probability derived from career allowance rate.

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