Prosecution Insights
Last updated: April 19, 2026
Application No. 18/321,497

PORTABLE ELECTRONIC MU'ASSAL VAPORIZER

Non-Final OA §102§103
Filed
May 22, 2023
Examiner
SZEWCZYK, CYNTHIA
Art Unit
1741
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Flume Sarl
OA Round
2 (Non-Final)
74%
Grant Probability
Favorable
2-3
OA Rounds
3y 0m
To Grant
84%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
692 granted / 939 resolved
+8.7% vs TC avg
Moderate +10% lift
Without
With
+9.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
40 currently pending
Career history
979
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
48.3%
+8.3% vs TC avg
§102
25.3%
-14.7% vs TC avg
§112
19.2%
-20.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 939 resolved cases

Office Action

§102 §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 . Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 12, 14, 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ARMOUSH et al. (US 2017/0251718). Regarding claim 12, Armoush teaches a device (100) comprising an integrated heater unit (figure 2C) comprising electric resistance heating element (202); and heat reflector plate (222) positioned above the electric resistance heating element (see figure 2C), the heat reflector plate being coupled to the electric resistance heating element (see figure 2C). Armoush teaches a voltage modulator (para. 0099, 0104) configured to modulate the voltage supplied to the electric resistance heating element; a power source (120) coupled to the voltage modulator; and a voltage control unit (para. 0104) configured to control the voltage supplied to the heating element by the voltage modulator. Regarding claim 14, Armoush teaches that the heat reflector plate is a mesh (para. 0055) which inherently contains perforations of holes. Regarding claim 16, Armoush teaches the device is able to be used in conjunction with a hookah (para. 0011), such that the electrical resistance heating element is used to heat a combustible substance. 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. Claim(s) 1-3, 5-6, 8, 10-11, 13, 15, 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over ARMOUSH et al. (US 2017/0251718) in view of DAVIS et al. (US 2021/0401061). Armoush teaches a portable electronic mu'assal vaporizer that replaces charcoal as a heat source for hookah smoking comprising an electric resistance heating element (204, 202) that provides heat energy to vaporize a combustible substance; a heat reflector (222) positioned above the electric resistance heating element; a voltage modulator (para. 0099, 0104) connected to the electric resistance heating element, the voltage modulator configured to modulate the voltage supplied to the heating element; a power source (120) coupled to the voltage modulator; a dial potentiometer (para. 0099) configured to control the voltage supplied to the heating element through the voltage modulator; and a microcontroller unit (para. 0100) configured to control the voltage. Armoush is silent to using pulse width modulation. Davis teaches a system comprising an electric resistance heating element (1908 in figure 19B, para. 0357); a heat reflector (1910 and 1912 in figure 19B) positioned relative to the electric resistance heating element; a voltage modulator (para. 0124) configured to modulate the voltage supplied to the electric resistance heating element; a power source (para. 0159) coupled to the voltage modulator. Davis teaches the device further comprises a microcontroller unit (para. 0044) that receives one or more signals from one or more sensors (para. 0020); and controls voltage via pulse width modulation based on the one or more signals (para. 0167). It would have been obvious to one of ordinary skill in the art to use pulse width modulation in the controller of Armoush because Davis teaches that pulse width modulation can be used to control direct current (para. 0535) and the controller of Armoush teaches controlling direct current (para. 0058). Regarding claim 2, Armoush teaches the electric resistance heating element is a metallic-ceramic heating element (para. 0060). Regarding claim 3, Armoush teaches the electric resistance heating element is perforated with one or more holes (para. 0065). Regarding claim 5, Armoush teaches that the heat reflector plate may be a single material like a conductive metal or a ferrous material (para. 0060). Davis teaches the heat reflector comprises supermirror stainless steel (para. 0367). It would have been obvious to one of ordinary skill in the art to try supermirror stainless steel as the material of the heat reflector plate of Armoush because supermirror stainless steel is both a conductive metal or a ferrous material, which are recommended by Armoush (para. 0060). Regarding claim 6, Armoush teaches that the heat reflector plate is a mesh (para. 0055) which inherently contains perforations of holes. Regarding claim 8, Armoush teaches the power source is a battery (para. 0029). Regarding claim 10, Armoush teaches one or more batteries included in the battery are rechargeable, and the device includes a port for connecting to a power supply for charging the batteries (para. 0041). Regarding claim 11, Although Armoush is silent to the voltage of the battery, it would have been obvious to one of ordinary skill in the art to try a 16 V battery in the system of Armoush so that the battery would last longer between charges and to provide more power for additional features such as playing music or videos through the device (para. 0047). Regarding claim 13, see the discussion of claim 5 above. Regarding claim 15, see the discussion of claim 1 above. Regarding claim 17, Armoush teaches a system comprising an electric resistance heating element (202); a heat reflector (222) positioned relative to the electric resistance heating element; a voltage modulator (para. 0099, 0104) configured to modulate the voltage supplied to the electric resistance heating element; a power source (120) coupled to the voltage modulator (para. 0038, 0040); a voltage control unit comprising a potentiometer (para. 0099), the voltage control unit being configured to control the voltage supplied to the heating element by the voltage modulator (para. 0099-0106); one or more sensors (212, para. 0033, 0038, 0062); at least one processor (para. 0057, 0063, 0100); and at least one memory coupled to the at least one processor, the at least one memory (para. 0104, 0120) having computer-executable instructions stored thereon that, when executed by the at least one processor, cause the system to: receive one or more signals from one or more sensors; and control voltage provided by the power source (para. 0057, 0099-0102). Armoush is silent to using pulse width modulation. Davis teaches a system comprising an electric resistance heating element (1908 in figure 19B, para. 0357); a heat reflector (1910 and 1912 in figure 19B) positioned relative to the electric resistance heating element; a voltage modulator (para. 0124) configured to modulate the voltage supplied to the electric resistance heating element; a power source (para. 0159) coupled to the voltage modulator; a voltage control unit (para. 0251) configured to control the voltage supplied to the heating element by the voltage modulator; one or more sensors (para. 0020); at least one processor (para. 0016); and at least one memory coupled to the at least one processor (para. 0016), the at least one memory having computer-executable instructions stored thereon (para. 0016) that, when executed by the at least one processor, cause the system to receive one or more signals from one or more sensors; and control voltage provided by the power source via pulse width modulation (para. 0016, 0167). It would have been obvious to one of ordinary skill in the art to use pulse width modulation in the controller of Armoush because Davis teaches that pulse width modulation can be used to control direct current (para. 0535) and the controller of Armoush teaches controlling direct current (para. 0058). Regarding claim 18, Armoush teaches that the heat reflector plate is a mesh (para. 0055) which inherently contains perforations of holes. Regarding claim 19, see the discussion of claim 5 above. Regarding claim 20, Armoush teaches that the electric resistance heating element is perforated (para. 0065). Allowable Subject Matter Claim 9 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art does not teach or suggest that the battery is incorporated on an ashtray plate associated with a hookah. Response to Arguments Applicant’s arguments with respect to claim(s) 12-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Additionally, the new reference Armoush combined with Davis was found to teach the previously indicated allowable subject matter of claims 1-3, 5-6, 8, and 10-11. Claim 9 has now been objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 am - 6 pm. 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, Alison Hindenlang can be reached at 571-270-7001. 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. /CYNTHIA SZEWCZYK/ Primary Examiner, Art Unit 1741
Read full office action

Prosecution Timeline

May 22, 2023
Application Filed
Oct 03, 2023
Response after Non-Final Action
Sep 06, 2025
Non-Final Rejection — §102, §103
Dec 10, 2025
Response Filed
Mar 21, 2026
Non-Final Rejection — §102, §103 (current)

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

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Prosecution Projections

2-3
Expected OA Rounds
74%
Grant Probability
84%
With Interview (+9.9%)
3y 0m
Median Time to Grant
Moderate
PTA Risk
Based on 939 resolved cases by this examiner. Grant probability derived from career allow rate.

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