Prosecution Insights
Last updated: April 19, 2026
Application No. 18/507,456

HEATING ASSEMBLY AND VAPORIZER

Non-Final OA §103§112
Filed
Nov 13, 2023
Examiner
WILLIAMS, CEDRICK S
Art Unit
1749
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Shenzhen Smoore Technology Limited
OA Round
1 (Non-Final)
59%
Grant Probability
Moderate
1-2
OA Rounds
2y 10m
To Grant
85%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allow Rate
295 granted / 501 resolved
-6.1% vs TC avg
Strong +26% interview lift
Without
With
+26.4%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
44 currently pending
Career history
545
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
66.4%
+26.4% vs TC avg
§102
16.4%
-23.6% vs TC avg
§112
15.1%
-24.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 501 resolved cases

Office Action

§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. Information Disclosure Statement The information disclosure statement (IDS) submitted on 11/13/2023 has been considered by the examiner. 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 FILLIN "Enter claim indentification information" \* MERGEFORMAT 2 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 pre-AIA the applicant regards as the invention. Regarding claim 2, the phrase "and/or" reads as a contingent clause. In particular, the “or” term raises a question as to the limiting effect of the second alloy requirement of a nickel-chromium alloy. This renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). 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 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 set forth in Graham v. John Deere Co. , 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-2, 4-6, 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Buchberger et al. (US 2022/0355049 A1), in view of at least one of Zhao et al. (WO 2022/095306 A1) or Jeong et al. (US 2023/0172271 A1). Regarding claims 1, 10, Buchberger discloses an aerosol provision system to include a vaporizer containing a wicking element – (construed as a liquid guiding element) and heating element for generating an aerosol from a source liquid, see abstract, [0019] – (the wicking and heating elements corresponds to a heating assembly and a vaporizer comprising a heating assembly). The heating elements is configured to receive power from a battery to vaporize source liquid from the wicking element at a heating location in the vicinity of the heating element to generate an aerosol, see [0020], [0031] – (corresponds to a heating element arranged on a vaporization surface formed by the liquid guiding element, the heating element being configured to be energized to generate heat). While Buchberger discloses the heating element is formed using a conventional technique including using materials of high and low temperature coefficient of resistance, see [0031] – [0032]. It does not explicitly disclose the heating element comprises a first heating part and a second heating part, wherein a temperature coefficient of resistance of the first heating part is greater than a temperature coefficient of resistance of the second heating part, and wherein the first heating part and the second heating part form an electrical connection structure. Zhao discloses a heating assembly. The heating assembly being configured to have a temperature measurement element 13 – (construed as a first heating part) and a heating element 12 – (construed as a second heating part). The temperature coefficient of resistance of the temperature measuring element 13 is higher than that of the heating element, see page 28 last paragraph; and where both are electrically connected, see page 29 second paragraph – (corresponds to a heating element comprises a first heating part and a second heating part, wherein a temperature coefficient of resistance of the first heating part is greater than a temperature coefficient of resistance of the second heating part, and wherein the first heating part and the second heating part form an electrical connection structure). One of ordinary skill would envision such a heater configuration as Buchberger suggest doing so makes it more convenient to measure the heating resistance, so that the measured temperature is more accurate, see page 28 last paragraph. Jeong discloses a heater for aerosol generation devices. The heater being configured to have a sensor pattern 33 – (construed as a first heating part) and a heating pattern 32 – (construed as a second heating part). The temperature coefficient of resistance of the sensor pattern is higher than that of the heating pattern, see [0059]; and where both are electrically connected, see at least FIG. 2, [0072] – (corresponds to a heating element comprises a first heating part and a second heating part, wherein a temperature coefficient of resistance of the first heating part is greater than a temperature coefficient of resistance of the second heating part, and wherein the first heating part and the second heating part form an electrical connection structure). One of ordinary skill would envision such a heater configuration as Jeong suggest doing so provides a means to accurately measure the temperature of the heating pattern, see [0059], [0066]. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Buchberger’s heating assembly to have first and second electrically connected heating parts, where the first heating part has a higher temperature coefficient of resistance than the second part as reasonably suggested by Zhao or Jeong to provide the heating assembly with a means for accurately measuring the temperature of the heating element as discussed above. Regarding claim 2, modified Buchberger discloses the heating assembly are composed of metals such as stainless steel and NiCr alloy, see at least Buchberger [0031] – [0032] – (corresponds to the first heating part comprises a first alloy, and a material of the second heating part comprises a second alloy, and wherein the first alloy comprises stainless steel and the second alloy comprises a nickel-chromium alloy). Regarding claim 4, modified Buchberger discloses as depicted in Zhao figure 2, the temperature measuring element 13/first part is disposed in a second area 112 – (construed as the heating element comprises a heating center, wherein the first heating part is arranged at the heating center). And controlling a heater on the basis of a temperature of the central region, rather than on the basis of temperatures of the edge regions, may be suitable for improving control precision, see Jeong [0063] – (construed as wherein a maximum temperature formed by the heating element at the heating center is greater than a maximum temperature formed by the heating element at a position outside the heating center). Regarding claim 5, modified Buchberger discloses the use of a third area 113 – (construed as an electrode connection region), wherein the temperature measuring element 13/first heating part is arranged in the electrode connection region, and wherein a conductive member 14 – (construed as an electrode) is electrically connected to the heating element is located in the electrode connection region, see Zhao figure 2. Regarding claim 6, modified Buchberger discloses the use of a parallel connection between two heating regions allows for reduced welding cost and also provides the surface of the heating matrix. Freeing up more space for heat-generating circuits, see Zhao page 26 paragraph 3. Likewise, Jeong discloses it may be preferable to arrange the plurality of heating patterns in a parallel structure in order to satisfy target resistance, see [0078]. Thus, one of ordinary skill would readily envision forming the first heating part and the second heating part are arranged in contact with each other to form the electrical connection structure connected in parallel, as doing so reduces cost of build and allows for a desirable target resistance. Regarding claim 9, modified Buchberger discloses the heating element comprises a heating circuit 121 having a leftmost straight extending portion – (construed as a first segment) and a right meandering extending portion – (construed as a second segment), wherein the at least one first segment and the at least one second segment are connected end to end to form the heating element, and wherein an extending direction of the first segment is different from an extending direction of the second segment, see at least Zhao figure 3. Claims 3, 8 are rejected under 35 U.S.C. 103 as being unpatentable over Buchberger et al. (US 2022/0355049 A1), in view of at least one of Zhao et al. (WO 2022/095306 A1) or Jeong et al. (US 2023/0172271 A1) FILLIN "Insert the prior art reference(s) relied upon for the obviousness rejection." \d "[ 2 ]" as applied to claim 1 above, and further in view of Matsumoto et al. (US 2019/0124993 A1). Regarding claims 3, 8, modified Buchberger does not explicitly disclose the claimed first heating part length or current flow direction. Matsumoto discloses a heat generating sheet for an aerosol inhaler. The heater is configured such that the sheet has a total area of 1 to 250 mm 2 and when in a rectangular shape it has an aspect ratio of 1:1 to 3:1, see [0048] – (construed as and overlaps a length of the first heating part ranges from 0.5 mm to 3.0 mm). It being readily seen for a total area of 1 mm 2 and an aspect ratio of 1:1 the heater has a length of 1 mm. Matsumoto further discloses the current flow along a length between electrodes allows for increasing the electrical resistance per unit volume of the heater while maintaining a favorable distribution of the electric field intensity. Consequently, the heater unit can have a sufficient resistance value, and local heat generation by the heater unit can be reduced, see at least [0061]. Thus, one of ordinary skill would have good reason to form the heater to have a length of 1 mm and wherein a length direction of the first heating part corresponds to a flow direction of a current flowing through the first heating part; as this would predictably form a heater with a configuration for producing a more even uniform heat. Likewise, one would form the heater assembly to have two first heating parts, and wherein the at least two first heating parts are spaced apart in an extending direction of the second heating part. As this would do no more than form the heating assembly according to a predictable increased electrical resistance per unit volume of the heater. This being advantageous for maintaining a favorable distribution of the electric field intensity. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust modified Buchberger’s heating assembly to have the first heating part length and current flow direction orientation and have two first heating parts, and wherein the at least two first heating parts are spaced apart in an extending direction of the second heating part as reasonably suggested by Matsumoto to provide the heater with a means for generating a uniform heat without localized heat generation. Concerning the claimed range: it has been held that “in the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art' a prima facie case of obviousness exists”, see MPEP § 2144.05(I). Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Buchberger et al. (US 2022/0355049 A1), in view of at least one of Zhao et al. (WO 2022/095306 A1) or Jeong et al. (US 2023/0172271 A1) FILLIN "Insert the prior art reference(s) relied upon for the obviousness rejection." \d "[ 2 ]" as applied to claim 1 above, and further in view of Lipowicz et al. (US 2018/0255831 A1). Regarding claim 7, modified Buchberger does not explicitly disclose the claimed series connection. Lipowicz discloses a heater assembly including the use of two heaters. The heaters are configured to be connected in series, wherein such a connection allows for the starting resistance to be increased so as to require lower starting current for heater operation, see at least [0099]. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust modified Buchbergers first and second heaters to be connected in series as taught by Lipowicz to form a heater assembly with a lower starting resistance. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT CEDRICK S WILLIAMS whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-9776 . The examiner can normally be reached on FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Thursday 8:00am-5:00pm . 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, Katelyn Smith can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT 5712705545 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CEDRICK S WILLIAMS/ Primary Examiner, Art Unit 1749
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Prosecution Timeline

Nov 13, 2023
Application Filed
Mar 03, 2026
Non-Final Rejection — §103, §112 (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

1-2
Expected OA Rounds
59%
Grant Probability
85%
With Interview (+26.4%)
2y 10m
Median Time to Grant
Low
PTA Risk
Based on 501 resolved cases by this examiner. Grant probability derived from career allow rate.

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