Prosecution Insights
Last updated: October 02, 2026
Application No. 18/545,984

VAPORIZER AND LIQUID MATERIAL VAPORIZING DEVICE

Final Rejection §102§103
Filed
Dec 19, 2023
Priority
Dec 20, 2022 — JP 2022-203318
Examiner
SCHERMERHORN, JON
Art Unit
3763
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Horiba Ltd.
OA Round
2 (Final)
58%
Grant Probability
Moderate
3-4
OA Rounds
7m
Est. Remaining
91%
With Interview

Examiner Intelligence

Grants 58% of resolved cases
58%
Career Allowance Rate
270 granted / 465 resolved
-11.9% vs TC avg
Strong +33% interview lift
Without
With
+32.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
21 currently pending
Career history
485
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
49.3%
+9.3% vs TC avg
§102
23.1%
-16.9% vs TC avg
§112
26.2%
-13.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 465 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 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 1, 3, and 12-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN200610002772A (herein “Han”). Regarding claim 1, Han discloses a vaporizer (Fig. 3) comprising: a vaporization chamber (inside of pipe housing 24) in which a liquid material can be heated and vaporized; and a heat exchange element (rotary guiding part 27) arranged in the vaporization chamber, wherein the vaporization chamber has a groove in an inner surface thereof (guide grooves 26), the groove in the inner surface of the vaporization chamber is disposed along a center axis along which the vaporization chamber extends (shown in Fig. 3, the spiral grooves extend through the chamber along the longitudinal center axis), and the heat exchange element is configured as a static mixer (mixer 27) with a plurality of fins coupled together along the center axis (fins 28 seen in Fig. 3). Regarding claim 3, Han discloses the vaporizer according to claim 2, wherein, the groove in the inner surface of the vaporization chamber comprises grooves arrayed at intervals in a circumferential direction as seen along the center axis (shown in Fig. 4, the grooves 26 are arrayed in the circumferential direction). Regarding claim 12, Han discloses a liquid material vaporizing device comprising: the vaporizer according to claim 1; and a liquid material feeding portion (open end of the vaporizer receiving fluid in the system shown in Fig. 1) that can feed the vaporizer with a liquid material (intended use). Regarding claim 13, Han discloses the liquid material vaporizing device according to claim 12, wherein the liquid material feeding portion is capable of feeding the vaporizer with a gas/liquid mixture in which the liquid material is mixed with a carrier gas (intended use). 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. The factual inquiries 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. Claims 10-11 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Han in view of CA2831755C (herein “Wang”). Regarding claims 10-11, Han does not disclose that at least one of the plurality of fins has an opening. Wang discloses a heat transfer tube (Figs. 1 and 2) including a twisted static mixer (11) located in an interior chamber (12), wherein the static mixer may be formed with opening (Fig. 2) or without openings (Fig. 1). It would have been obvious to one of ordinary skill in the art to modify the mixer of Han with the opening teachings of Wang because Wang states that the openings reduce resistance in fluid flow to decrease pressure loss (top of p. 12). Regarding claim 14, Han discloses a vaporizer (Han: Fig. 3) comprising: a vaporization chamber (Han: inside of pipe housing 24) in which a liquid material can be heated and vaporized; and a heat exchange element (Han: rotary guiding part 27) arranged in the vaporization chamber, wherein the heat exchange element is configured as a static mixer (Han: mixer 27) with a plurality of fins (Han: fins 28 seen in Fig. 3) coupled together along the center axis. Han does not disclose that at least one of the plurality of fins has a cut. Wang discloses a heat transfer tube (Figs. 1 and 2) including a twisted static mixer (11) located in an interior chamber (12), wherein the static mixer may be formed with cuts/openings (Fig. 2) or without openings (Fig. 1). It would have been obvious to one of ordinary skill in the art to modify the mixer of Han with the opening teachings of Wang because Wang states that the openings reduce resistance in fluid flow to decrease pressure loss (top of p. 12). Regarding claim 15, see rejection of claim 12. Regarding claim 16, see rejection of claim 13. Claims 5 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Han in view of US 3,704,006 A (herein “Grout”). Han does not disclose a first fin twisted in one direction and a second fin twisted in an opposite direction. Grout discloses a fluid transporting tube (Fig. 1) including a static mixer (11) located in a chamber (inside 10), wherein the static mixer includes a plurality of fins, wherein the plurality of fins include a first fin twisted in one direction along a circumferential direction as seen along the center axis and a second fin twisted in an opposite direction along the circumferential direction as seen along the center axis (shown in Figs. 1 and 2, a first set of the fins twists in a first direction and a second set of the fins twists in the opposite direction along the center axis), and the first and second fins are coupled together alternately along the center axis (shown in Figs. 1 and 2, the first and second fins alternate). Claims 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Han in view of Grout and Wang. Regarding claims 6 and 9, see rejection of claim 10. Allowable Subject Matter Claims 17 and 18 are 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 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 Jon T. Schermerhorn Jr. whose telephone number is (571)270-5283. The examiner can normally be reached M-F 9am to 5pm. 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, Len Tran can be reached at (571) 272-1184. 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. /JON T. SCHERMERHORN JR./ Primary Examiner, Art Unit 3763
Read full office action

Prosecution Timeline

Dec 19, 2023
Application Filed
Dec 04, 2025
Non-Final Rejection mailed — §102, §103
Feb 19, 2026
Response Filed
Sep 03, 2026
Final Rejection mailed — §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

3-4
Expected OA Rounds
58%
Grant Probability
91%
With Interview (+32.8%)
3y 4m (~7m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 465 resolved cases by this examiner. Grant probability derived from career allowance rate.

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