Prosecution Insights
Last updated: October 25, 2026
Application No. 18/564,616

ATOMIZATION CORE AND ATOMIZATION DEVICE USING LIQUID STORAGE COTTON

Final Rejection §103
Filed
Nov 28, 2023
Priority
Aug 18, 2021 — CN 202121959561.6 +1 more
Examiner
MOORE, STEPHANIE LYNN
Art Unit
1747
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Shenzhen Huachengda Precision Industry Co. Ltd.
OA Round
2 (Final)
61%
Grant Probability
Moderate
3-4
OA Rounds
8m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 61% of resolved cases
61%
Career Allowance Rate
131 granted / 215 resolved
-4.1% vs TC avg
Strong +39% interview lift
Without
With
+38.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
34 currently pending
Career history
268
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
58.5%
+18.5% vs TC avg
§102
19.4%
-20.6% vs TC avg
§112
15.3%
-24.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 215 resolved cases

Office Action

§103
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 . This office action is in response to applicant’s amendments and remarks filed July 30, 2026. Claims 1-7 have been canceled. Claims 8-9 are amended. Claims 8-20 are pending and rejected. 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 8-13 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20210068459 A1 (hereinafter RICHMOND) in view of US 20140041655 A1 (hereinafter BARRON). Regarding claim 8, RICHMOND discloses an atomization device (Fig. 1, electronic cigarette 100, ¶34) using liquid storage cotton (Fig. 1, cotton wick 104, ¶34), comprising a housing (1) (Fig. 1, combination of exterior walls of liquid reservoir assembly 105 and atomizer assembly 106, ¶34) and a mouthpiece (2) (Fig. 1, exterior shell 101, ¶34) connected to an upper end of the housing (1) (as shown in Fig 1). RICHMOND further discloses wherein an atomization assembly (3) (Combination of the inner core (Fig. 2A) and the liquid reservoir chamber 108, Figs. 1 and 2A, ¶34-¶25) is arranged in the housing (1) (as shown in Fig 1), the atomization assembly (3) comprises an atomization core (Figs. 2A-2B, inner core assembly ¶35-¶36). RICHMOND further discloses a tubular mounting bracket (341) (Fig. 2B, connection member 201, ¶36) , a heating atomization assembly (342) (Fig. 2B, combination of cotton wick 104 and heater 103, ¶36) being arranged in the mounting bracket (341). RICHMOND does not disclose, but teaches a longitudinal liquid inlet (3411) is formed in the mounting bracket (341). RICHMOND teaches that the connection member includes inlet holes (Fig. 1, oil inlet hole 109, ¶34-¶35, ¶37). RICHMOND teaches, the liquid inlet (3411) penetrates through inner and outer surfaces of the mounting bracket (341) and extends in a height direction of the mounting bracket (341). RICHMOND teaches that the inlet holes may be located in different positions so that the oil or liquid enters from the sides only (¶49). RICHMOND teaches that the changes to construction will minimize liquid buildup on the device (¶49). In an embodiment in Fig. 8A, the holes are “U” shaped to allow the liquid to pass toward the ceramic heater (¶49). A person of ordinary skill in the art would obviously provide that the liquid inlet holes are longitudinal on the mounting bracket. Configuring the liquid inlet holes to be of different shapes would minimize the liquid buildup on the device (¶49). This is an application of rationale to combine supported by (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (See MPEP 2143, I, (D)). RICHMOND further discloses and an air guide hole (3412) is formed above the liquid inlet (3411). As shown in annotated Fig. 1 below, the connection member 201 extends to include the chimney. As can be clearly observed there are air guide holes (as annotated) above the liquid inlets. PNG media_image1.png 705 336 media_image1.png Greyscale [AltContent: textbox (Air guide hole Liquid inlet)] [AltContent: arrow] [AltContent: arrow] RICHMOND further discloses wherein the heating atomization assembly (342) comprises columnar liquid transfer cotton (3421) (Fig. 1, cotton wick 104 is columnar, ¶34) and a heating element (3422) (Fig. 1, ceramic heater 103, ¶34). RICHMOND further discloses, an axial through-hole of the liquid transfer cotton (3421) forms an air guide passage, an outer circumferential surface of the liquid transfer cotton (3421) forms a liquid absorption surface RICHMOND discloses that liquid is maintained within a liquid reservoir and an inlet hole enables liquid to pass into the cotton wick 103 (¶34). RICHMOND further discloses an inner circumferential surface of the liquid transfer cotton (3421) forms an atomization surface. RICHMOND discloses that the oil passes into the reservoir chamber through the cotton wick to the heater where heat atomizes the oil and forms a gas (¶34). RICHMOND further discloses and the heating element (3422) is inlaid in or attached to the atomization surface. As shown in Fig. 2C, the ceramic heater 103 is inlaid and surrounded by the wick 104. RICHMOND further discloses wherein the liquid transfer cotton (3421) blocks the liquid inlet (3411), and the air guide hole (3412) is unblocked entirely or partially. This is shown in Fig. 1 above. RICHMOND further discloses wherein the atomization assembly (3) comprises a hollow shell (31) and the atomization core is arranged in the shell (31). As shown in Figs. 1-2B, the device housing is hollow and delimits the atomizing portions in an interior space. RICHMOND further discloses and the atomization assembly (3) further comprises liquid storage cotton (35) arranged in the liquid chamber . This is shown in Fig. 1. RICHMOND does not disclose nor teach the atomization device using liquid storage cotton further comprises a power supply module (4) connected to the atomization core to supply power to the atomization core. BARRON teaches a portable vaporizer with a power module, a vaporization chamber, and a mouthpiece (abstract). BARRON teaches that the portable vaporizer has a power module and a tank holder that is adapted to connect to the power module (¶15, ¶17). BARRON teaches that the main vaporization chamber consists of a tank base that the male portion of the power module attaches to by screwing or another method (¶48). BARRON teaches the electrode contacts the power module such that it can transfer electricity from the power module (¶64). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified RICHMOND to provide the atomization device using liquid storage cotton further comprises a power supply module (4) connected to the atomization core to supply power to the atomization core as taught in BARRON. A person of ordinary skill in the art would obviously provide a power module. Doing so would heat the heater to vaporize the material in the device and provide a vapor to the user (BARRON ¶54). Further RICHMOND does not disclose a first sealing element (32) received in an opening in an upper end of the shell (31), and a second sealing element (33) received in an opening in a lower end of the shell (31) nor a liquid chamber is defined by an inner circumferential surface of the shell (31), an outer circumferential surface of the mounting bracket (341) of the atomization core, a lower surface of the first sealing element (32), and an upper surface of the second sealing element (33). BARRON teaches a portable vaporizer with a power module, a vaporization chamber, and a mouthpiece (abstract). BARRON teaches that the atomizer and tank are within a tank holder 104 to be sized to make the device portable (Fig. 5, tank holder 104, ¶74). BARRON teaches that at the top end (i.e. upper end) of the tank holder (i.e. shell) there is a mouthpiece holder 502 (Fig. 5) adapted to fit with an O-ring 501 (¶73). The O-ring is made of an elastomer like silicone rubber to create a seal (¶74). BARRON further discloses that the other end of the tank holder houses the tank 103 which has a tank base 408 and an O-ring 407 (Fig. 4, ¶88) BARRON teaches that the device can comprise addition O-rings to prevent damage and seal (¶64). BARRON further teaches that the vaporization tank holds materials such as a concentrate (oil or wax) to be vaporized (¶27). Specifically in the embodiment taught in Fig. 13 (¶70), BARRON teaches a tank adapted to contain an oil with a base 408A to connect to the control housing, an O-ring 407A at the top of the tank base to connect with a tube 401A. This forms the liquid chamber. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified RICHMOND to provide seals at the connection points between the modules and a liquid chamber defined by the shell and sealing elements as taught in BARRON. A person of ordinary skill in the art would obviously provide seals at the connection nodes of a modular vaporization device. Doing so would provide a sturdy connection (BARRON ¶64). Further it is notoriously well known that the provision of O-rings prevents leakage of fluids or gasses between connected parts. Regarding claim 9, modified RICHMOND discloses the atomization device of claim 8 as discussed above. RICHMOND does not disclose the electrode leads (34223) of the atomization core penetrate through the second sealing element (33) to be electrically connected to the power supply module (4). BARRON teaches a portable vaporizer with a power module, a vaporization chamber, and a mouthpiece (abstract). BARRON teaches that the electrode 406 is housed within a bushing that is surrounded by the O-ring and allows for the electrode to contact the power module to transfer electricity from the power module to the tank (¶64). Specifically in the embodiment taught in Fig. 13 (¶70), BARRON teaches a tank adapted to contain an oil with a base 408A to connect to the control housing, an O-ring 407A at the top of the tank base to connect with a tube 401A. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified RICHMOND to the electrode leads (34223) of the atomization core penetrate through the second sealing element (33) to be electrically connected to the power supply module (4)as taught in BARRON. A person of ordinary skill in the art would obviously provide seals at the connection nodes, including where electrodes pass through to connect to power supplies, of a modular vaporization device. Doing so would provide a sturdy connection (BARRON ¶64). Further it is notoriously well known that the provision of O-rings prevents leakage of fluids or gasses between connected parts. Regarding claim 10, modified RICHMOND discloses the atomization device of claim 9 as discussed above. RICHMOND does not disclose the first sealing element (32) comprises a first main part (321), a first through-hole (3211) is formed in a centre of the first main part (321), an air guide tube (322) extends downward from a periphery of the first through-hole (3211), and the air guide tube (322) is connected to an upper end of the mounting bracket (341); a mounting groove (3212) is formed in an upper end of the first main part (321), and the atomization assembly (3) further comprises condensing absorbent cotton (36) arranged in the mounting groove (3212). Referring to the side-by-side figures below, BARRON teaches that the first sealing element comprises a first main part, a first through hole, and an air guide tube. PNG media_image2.png 334 361 media_image2.png Greyscale PNG media_image3.png 200 177 media_image3.png Greyscale In this case, a person of ordinary skill in the art would obviously use the mouthpiece holder 502 and its associated parts as taught in BARRON to connect the portions of the device disclosed in RICHMOND. A person of ordinary skill in the art of modular aerosol provision devices would obviously look to BARRON to assemble the device. The components of BARRON provide sturdy positioning while also providing an air pathway to the user and preventing leaks. Further, courts have held that rearrangement of parts of the prior art is unpatentable. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and MPEP 2144.04, IV., part C. A person of ordinary skill in the art would rearrange the parts of RICHMOND and adapt them to join with the parts taught in BARRON with predictable results. This is supported by rationale to combine outlined in MPEP 2143 (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results. The connecting sealing parts taught in BARRON would be readily applied to RICHMOND to yield predictable results of joining the modules and providing the vapor to the user. Additionally, a person of ordinary skill in the art would duplicate these connection portions at any/all nodes of connection to ensure attachment. The court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). See MPEP 2144.04, VI, Part B. In this case, duplication of seals, grooves, brackets etc. provides expected results of sturdy attachment and prevention of leaks. Regarding claim 11, modified RICHMOND discloses the atomization device of claim 9 as discussed above. RICHMOND does not disclose the mouthpiece (2) comprises a connection part (21) arranged at an upper end of the housing (1) and a mouthpiece part (22) arranged on the connection part (21), an air outlet (221) is formed in the mouthpiece part (22), an air guide part (222) opposite to the first through-hole (3211) extends downward from a periphery of the air outlet (221), and a bottom end of the air guide part (222) abuts against an upper surface of the condensing absorbent cotton (36). BARRON teaches a portable vaporizer with a power module, a vaporization chamber, and a mouthpiece (abstract). BARRON teaches a mouthpiece 130 (Figs. 1-2, ¶58). BARRON teaches that the mouthpiece is connected to the upper end of the vaporization chamber and includes a passageway from the vaporization chamber to the exterior of the device (¶12, ¶17). BARRON teaches that the tank mouthpiece is designed for comfortable use for the user (¶51). BARRON teaches that the mouthpiece. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified RICHMOND to provide a connected mouthpiece with a vapor outlet as taught in BARRON. The device of RICHMOND does illustrate a mouthpiece (RICHMOND, Fig. 1). RICHMOND further discloses that the gasses formed in the atomizer pass through an internal air passage or chimney and out of the cigarette to the user (RICHMOND ¶34). BARRON provides detailed technical solutions for connecting a mouthpiece to a modular device to provide a comfortable outlet to deliver vapor to the user (BARRON, ¶51). The modular device of BARRON teaches one of ordinary skill in the art how to connect the modules while maintaining an airflow path that will allow for a vapor to be formed (BARRON ¶60 various connectors, ¶10, ¶12 forming a passage). A person of ordinary skill in the art would apply the teachings of BARRON for all that it instructs to form connections with through holes that connect the atomization chamber to the exterior through a modular mouthpiece with predictable results. This is an application of rationale to combine supported by (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (See MPEP 2143, I, (D)). Further, courts have held that rearrangement of parts of the prior art is unpatentable. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and MPEP 2144.04, IV., part C. Here a person of ordinary skill in the art would broadly rearrange the parts of the components in abutting relationship with one another when assembled to deliver the vapor to the user with predictable results. Regarding claim 12, modified RICHMOND discloses the atomization device of claim 9 as discussed above. RICHMOND does not disclose the second sealing element (33) comprises a second main part (331), a second through-bole (3311) is formed in a centre of the second main part (331), a receiving slot (3312) is formed in the second main part (331), and the fixed seat (343) of the atomization core is mounted in the receiving slot (3312). PNG media_image4.png 233 243 media_image4.png Greyscale PNG media_image5.png 211 208 media_image5.png Greyscale As with the rejection above of claim 10, the sealing portion on the bottom end where the tank connects to the battery in BARRON has many elements. These elements are shown in an exploded view in BARRON Fig. 4. There is a second sealing element comprising the tank base 408, the O-ring 407, a bushing 405, and a base insert 404 (¶64). These elements combine to form a receiving location for the heating base (reads upon fixed seat) to connect the heating elements through the electrode to the battery. A person of ordinary skill in the art would immediately recognize this configuration as a known method to connect portions of a modular vaporization device and arrange the parts of RICHMOND to connect via the detailed connections of BARRON with predictable results. Regarding claim 13, modified the atomization device of claim 12 as discussed above. RICHMOND does not disclose wherein the power supply module (4) comprises a hollow shell (41), and a lower end of the second main part (331) is received in an opening in an upper end of the shell (41); the power supply module (4) further comprises a base (42) received in an opening in a lower end of the shell (41), a mounting space is defined by an inner circumference of the shell (41), a lower surface of the second main part (331) and an upper surface of the base (42), the power supply module (4) further comprises a battery (43) arranged in the mounting space, and a preset gap is reserved between an outer circumference of the battery (43) and an inner circumference of the shell (41) to form an air passage. BARRON teaches a portable vaporizer with a power module, a vaporization chamber, and a mouthpiece (abstract). BARRON teaches that the power supply module 110 connects to the vaporization chamber 104 at the upper end of the power supply module (as shown in Fig. 1). BARRON teaches the power supply module 110 in detail (See Figs. 3A-3C, ¶59-¶63). BARRON teaches a battery tube cylinder 311 (Fig. 3B, ¶59). BARRON teaches that the module has a battery tube end 312 that may be temporarily or permanently connected to the battery end cylinder (¶59). BARRON further teaches that the power supply module has a battery 330 (Fig. 3C, ¶63). The battery is housed inside the battery tube and contained by the tube end and the cylinder (¶62). BARRON further teaches that airflow is provided to the battery to allow for cooler operating temperatures (¶79). BARRON teaches that the tube cylinder diameter is between 14.5-14.8 mm (¶61), while the battery itself is about 13 mm in diameter (¶79). This reads upon a preset gap combined with the ventilation provided on the end cap to provide an air passage for cooling. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified RICHMOND to provide for a power supply module with a shell and ends to house the battery and an air passage for cooling as taught in BARRON. A person of ordinary skill in the art would obviously provide for a housing because doing so would house the battery with sufficient structural integrity that the device can be carried in a user’s pocket without a high likelihood of fracture (BARRON ¶61). Further a person of ordinary skill in the art would design the battery housing to provide for an air gap around the battery because doing so would allow the battery to operate a cooler temperatures thus resulting in a luger durability index (BARRON ¶79). Regarding claim 16, modified RICHMOND discloses the atomization device of claim 8 as discussed above. RICHMOND further discloses wherein multiple said air guide holes (3412) are arranged at intervals. This can be seen in Fig. 1 which has at least three air guide holes. RICHMOND further discloses wherein the air guide hole (3412) is one or more of an elongated hole, a circular hole and a square hole. As shown in Fig. 1, the air guide holes are circular. As this claim is stated as a Markush group, only one of recited claim limitations from the list need be present to read upon the claim. Regarding claim 17, modified RICHMOND discloses the atomization device of claim 8 as discussed above. RICHMOND further discloses the air guide hole (3412) is connected to the liquid inlet (3411). The holes and inlets are all fluidly connected during use to provide a vapor to the user. Regarding claim 18, modified RICHMOND discloses the atomization device of claim 8 as discussed above. RICHMOND further discloses a height of the liquid transfer cotton (3421) is greater than that of the liquid inlet (3411). As shown in Fig. 1, the height of the wick 104 is greater than that of the liquid inlet 109. Regarding claim 19, modified RICHMOND discloses the atomization device of claim 8 as discussed above. RICHMOND further discloses the heating element (3422) comprises a heating body and electrode leads (34223) (Fig. 1, electrical connection 107, ¶34) conductively connected to the heating body. As shown in Fig. 1 the heating body is a columnar structure. RICHMOND further discloses conductive parts (34221) arranged at two ends and a heating part (34222) connected to the conductive parts (34221), and each of the electrode leads (34223) has an end connected to a corresponding one of the conductive parts (34221) and an end extending downward. RICHMOND discloses that the heater has electrical connections on the base and it is shown in Fig. 1 that these connections extend downward (Fig. 1, ¶34). RICHMOND further teaches a side view of another type of heater with electrical lines 641 and 642 extending downward from the heater (Figs. 7A-7C, ¶44-¶45). A person of ordinary skill in the art would immediately recognize that to connect an electronic cigarette heater to a power source it is required to have conductive parts that provide power to generate heat. This is an application of rationale to combine supported by (A) Combining prior art elements according to known methods to yield predictable results (See MPEP 2143, I, (A)). Regarding claim 20, modified RICHMOND discloses the atomization device of claim 8 as discussed above. RICHMOND further discloses the atomization core further comprises a fixed seat (343) (Fig. 1 and 2B, atomizer assembly 106, ¶34) received in an opening in a lower side of the mounting bracket (341); and the fixed seat (343) is a columnar structure and is provided with an air inlet (3431) penetrating through opposite surfaces of the fixed seat (343) in an axial direction. As shown in Fig. 1, atomizer assembly 106 is a columnar structure that mates with the mounting bracket. A plurality of air inlets can be seen. Further RICHMOND discloses that air shaft holes are provided at the top and bottom of the holding elements (¶47). RICHMOND discloses that the air flow passes through the center of the apparatus (¶48). RICHMOND does not teach locating slots (3432) for allowing the electrode leads (34223) to penetrate through are formed in a circumferential surface of the fixed seat (343). RICHMOND further teaches electrodes 107 that extend downward toward the atomizer assembly. A person of ordinary skill in the art would obviously recognize that the electrodes 107 must penetrate down to the atomizer assembly 106 to connect to the power supply. This is an obvious requirement to provide power through electrodes that the electrodes actually connect through physical contact to the power supply. A person of ordinary skill in the art would have this level of understanding of electrodes and supplied power to a cigarette to recognize that physical connection is require for electricity to flow and heat the ceramic heater. BARRON teaches a portable vaporizer with a power module, a vaporization chamber, and a mouthpiece (abstract). BARRON teaches that the portable vaporizer has a power module and a tank holder that is adapted to connect to the power module (¶15, ¶17). BARRON teaches that the main vaporization chamber consists of a tank base that the male portion of the power module attaches to by screwing or another method (¶48). Specifically, BARRON teaches an embodiment where the tank base has a tank connector electrode 406 (Fig. 4, ¶64). The electrode contacts the power module such that it can transfer electricity from the power module (¶64). The electrode is made of a suitable material that can conduct electricity (¶65). Another embodiment, Fig. 8 shows that the electrode is adapted to be partially surrounded with an insulating part and interact with the power module (Fig. 8, ¶94). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified RICHMOND to provide locating slots (3432) for allowing the electrode leads (34223) to penetrate through are formed in a circumferential surface of the fixed seat (343) as taught in the combination of teachings of RICHMOND and BARRON. A person of ordinary skill in the art would recognize that in order for the heater to heat the liquid to form an aerosol, power must be supplied to the heater. Therefore, a person of ordinary skill in the art would provide a locating slot or equivalents as detailed in BARRON ¶60 to electrically connect the vaporization chambers to the power module. Doing so would heat the heater to vaporize the material in the device and provide a vapor to the user (BARRON ¶54). Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over RICHMOND and BARRON as applied to claim 13 above, and further in view of US 20160106154 A1 (hereinafter LORD). Regarding claim 14, modified RICHMOND discloses the atomization device of claim 13 as discussed above. RICHMOND does not disclose wherein an air inlet passage (424) is formed in the base (42), and an airflow sensor switch (44) connected to the battery (43) is arranged in the air inlet passage (424). BARRON teaches a portable vaporizer with a power module, a vaporization chamber, and a mouthpiece (abstract). BARRON teaches that the module has a battery tube end 312 that may be temporarily or permanently connected to the batter end cylinder (¶59). BARRON further teaches that airflow is provided to the battery to allow for cooler operating temperatures (¶79). In order for the end LED light to provide functional ventilation it must have an air inlet passage. LORD teaches an electronic cigarette to produce a vapor to be delivered to its mouth end (abstract). LORD teaches an end cap 5, with an air inlet included (Fig. 2, ¶17). LORD further teaches sensor circuitry to detect a user draying on the mouth end (i.e. airflow) (¶3). As shown in Fig. 2, the sensor circuitry is arranged in the air inlet passage (the bold black line). LORD teaches that the sensor circuitry is connected to the battery (Claim 1, ¶3). LORD teaches that the sensor circuitry senses an air pressure change produced by the user drawing action and causes the battery to supply electrical power to the heater coil (¶28). This then vaporizes the liquid that has been wicked by the fibers to produce a vapor passed through the outlet to the user (¶28). The sensor circuitry also illuminates the LED to mimic the burning of a conventional tobacco cigarette (¶28). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified RICHMOND to provide wherein an air inlet passage (424) is formed in the base (42), and an airflow sensor switch (44) connected to the battery (43) is arranged in the air inlet passage (424) as taught in BARRON and LORD. A person of ordinary skill in the art would obviously provide an end cap with an air inlet and a sensor. Doing so would activate power to be transferred from the battery to the heating coil for production of a vapor to the user (LORD ¶28). An additional aesthetic benefit would also be realized because in response to air drawn in and sensed by the sensor circuitry an LED is illuminated to mimic the burning of a conventional tobacco cigarette (LORD ¶28). This is an application of rationale to combine supported by (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (See MPEP 2143, I, (D)). Regarding claim 15, modified RICHMOND discloses the atomization device of claim 14 as discussed above. RICHMOND does not disclose an air inlet through-hole (122) is formed in a bottom wall of the housing (1) and is connected to the air inlet passage (424). As an extension of the rejection of claim 14 above, the air inlet (Figs. 1-2, air inlet 7, ¶18) reads upon the rejection of the instant application recitation of an air inlet through-hole (122). As can be seen in Figs. 1-2 the air inlet is formed in the bottom of the housing 2 where it meets with the end cap to create a gap for drawing in area the bottom. This hole is fluidly connected to the air inlet passage as depicted in Fig. 2 through the bold lines and the “A” along the sides of the battery 8. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified RICHMOND to provide an air inlet through-hole (122) is formed in a bottom wall of the housing (1) and is connected to the air inlet passage (424) as taught in LORD. A person of ordinary skill in the art would obviously locate an air intake hole at the base of the aerosol provision device. Doing so would provide ambient air to the vaporizer with predictable results. Further a person of ordinary skill in the art would immediately recognize that this inlet must be connected to the air passage to create the vapor. This is an application of rationale to combine supported by (D) Applying a known technique to a known device (method, or product) ready for improvement to yield predictable results (See MPEP 2143, I, (D)). Further, courts have held that rearrangement of parts of the prior art is unpatentable. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) and MPEP 2144.04, IV., part C. Here a person of ordinary skill in the art would broadly rearrange the parts of with the purpose of providing a vapor to the user and passing the airflow past the sensor to activate the device. Response to Arguments Applicant's arguments filed July 30, 2026 have been fully considered but they are not persuasive. Applicant argues that the recited limitation of “and an air guide hole is formed above the liquid inlet” and “the structure "Air guide hole" annotated by the Examiner in Richmond FIG. 1 is the internal air path 102 or chimney, not the claimed air guide hole 3412 formed in the mounting bracket 341 above the liquid inlet 3411” is not disclosed by RICHMOND. However, RICHMOND does in fact have air guide holes in the chimney above the liquid guide holes. The holes are in the chimney, but the are separate holes from the chimney itself and are located on the same unitary portion as the liquid inlet. Therefore the entire portion is considered to read upon the mount of the instant application and the air guide holes are clearly above the liquid inlet (though admittedly at a greater distance in RICHMOND than in the instant application). Applicant has argued that the air guide hole of claim 8 is different and cites to the written description of the instant application (¶71). However, In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., position, structure, and function) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Applicant argues, “Secondly, Richmond does not disclose liquid storage cotton 35 arranged in the liquid chamber, and Richmond's stated design direction provides no motivation to add such liquid storage cotton.” As shown in Figs. 1-2B, the device housing is hollow and delimits the atomizing portions in an interior space (which is the liquid chamber). RICHMOND further discloses and the atomization assembly (3) further comprises liquid storage cotton (35) arranged in the liquid chamber . This is shown in Fig. 1. The term liquid chamber is broadly where liquid is and that includes within the portions where there is liquid storage cotton. Applicant argues, “Thirdly, Barron concerns modular connection and sealing structures and does not cure the foregoing deficiencies of Richmond.” In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Here BARRON is properly relied upon for teaching the benefits of o-ring seals. The fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985). Applicant argues, “the amended claim defines a dedicated air replenishment path that is separate from the liquid path and produces a technical result not taught or suggested by Richmond or Barron” As explained in the argument above, the structure is the same and taught by RICHMOND and the claims as recited read upon “above”. Applicant argues that the distance of the instant application being closer provides a different technical result, however this difference in structure is not claimed. Therefore, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., position, structure, and function) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Conclusion Applicant's amendment necessitated the edits to the 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 STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 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, 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. /STEPHANIE LYNN MOORE/Examiner, Art Unit 1747 /Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
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Prosecution Timeline

Nov 28, 2023
Application Filed
May 12, 2026
Non-Final Rejection mailed — §103
Jul 30, 2026
Response Filed
Oct 05, 2026
Final Rejection mailed — §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
61%
Grant Probability
99%
With Interview (+38.9%)
3y 7m (~8m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 215 resolved cases by this examiner. Grant probability derived from career allowance rate.

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