Prosecution Insights
Last updated: July 17, 2026
Application No. 18/638,674

E-CIGARETTE ATOMIZATION DEVICE AND E-CIGARETTE

Non-Final OA §102
Filed
Apr 18, 2024
Priority
Oct 19, 2021 — CN 202111218361.X +1 more
Examiner
NGUYEN, PHU HOANG
Art Unit
Tech Center
Assignee
BYD Precision Manufacture Co. Ltd.
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
1y 7m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
460 granted / 701 resolved
+5.6% vs TC avg
Strong +19% interview lift
Without
With
+18.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
52 currently pending
Career history
759
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
71.7%
+31.7% vs TC avg
§102
3.6%
-36.4% vs TC avg
§112
4.3%
-35.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 701 resolved cases

Office Action

§102
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. Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (CN 213819836). Regarding claim 1, Li discloses an e-cigarette atomization device, comprising: a housing (10), and a liquid storage chamber (12) located inside the housing, the housing having an air outlet channel (11); and an upper cover (upper part of 60), an atomization assembly (by porous body 30), and a lower cover (lower part of 60), the lower cover cooperating with and being connected to the housing, the lower cover having an air inlet channel (23), the upper cover and the atomization assembly being located inside the housing, the upper cover cooperating with the lower cover to form an accommodating cavity, the atomization assembly being located inside the accommodating cavity, the atomization assembly being configured to heat and atomize a liquid inside the liquid storage chamber, an atomization chamber being formed between the atomization assembly and the lower cover, and the atomization chamber being in communication with the air outlet channel and the air inlet channel respectively (see fig. 4); and the upper cover comprising a sidewall, the sidewall having a ventilation channel (by reference sign 64, figs, 7-8), a side surface of the sidewall facing toward the housing being an outer surface, a side surface of the sidewall facing toward the atomization assembly being an inner surface (see figs. 7-8), the ventilation channel running through the inner surface and the outer surface of the sidewall, and the ventilation channel being in communication with the liquid storage chamber and the atomization chamber respectively (see fig. 4). Regarding claim 2, Li discloses the atomization assembly comprises a porous element (30, fig. 3) and a heating element (40, fig. 3), the porous element comprises a liquid absorption surface and an atomization surface arranged opposite to each other, the heating element is arranged on the atomization surface, and a space between the atomization surface and the lower cover forms the atomization chamber (see fig. 3). Regarding claim 3, Li discloses wherein the ventilation channel runs through the sidewall of the upper cover along an extending direction from the outer surface of the sidewall to the inner surface of the sidewall (see fig. 4). Regarding claim 4, Li discloses wherein the extending direction of the ventilation channel is parallel to a first direction or is at a preset angle to the first direction, wherein the first direction is a direction parallel to the atomization surface (see figs. 3-4). Regarding claim 5, Li . The e-cigarette atomization device according to claim 1, wherein a first end of the ventilation channel runs through the inner surface of the sidewall of the upper cover and is in communication with the liquid storage chamber, and a second end of the ventilation channel runs through the outer surface of the sidewall of the upper cover and is in communication with the atomization chamber (see fig. 4). Regarding claim 6, Li discloses the sidewall of the upper cover, the lower cover, and the housing cooperate to form an airflow channel, and the second end of the ventilation channel is in communication with the atomization chamber through the airflow channel (see fig. 4). Regarding claim 7, Li discloses the device further comprising at least one elastic member (50 and 70), the at least one elastic member being configured to close and open the ventilation channel. Regarding claim 8, Li discloses wherein when an air pressure inside the liquid storage chamber is greater than or equal to an outside atmospheric pressure, the at least one elastic member covers at least one of the first end and the second end of the ventilation channel to close the ventilation channel; and when the air pressure inside the liquid storage chamber is less than the outside atmospheric pressure, the at least one elastic member deforms to open the ventilation channel (Abstract). Regarding claim 9, Li discloses a first sealing member, the first sealing member comprising a sealing member body and an elastic piece extending from the sealing member body, the elastic piece constituting the at least one elastic member, the sealing member body being sleeved over an outer edge of the upper cover and abutting against an inner wall of the housing, the sealing member body comprising a sealing top cover and a first sidewall, the sealing top cover being sleeved over a side surface of the upper cover facing toward the air outlet channel, the first sidewall abutting against the sidewall of the upper cover, the elastic piece extending toward the lower cover from an end of the first sidewall close to the lower cover, and the elastic piece covering the second end of the ventilation channel to close the ventilation channel (see 50 and 70 of fig. 3). Regarding claim 10, it is inherent that wherein when the air pressure inside the liquid storage chamber is less than an outside atmospheric pressure, the elastic piece deforms in a direction toward the housing to open the ventilation channel. Regarding claim 11, Li discloses wherein using an extending direction from the liquid absorption surface to the atomization surface as a second direction, an outer contour of an orthographic projection of the first sealing member on a plane perpendicular to the second direction is elliptical or racetrack-shaped (see fig. 3). Regarding claim 12, Li discloses wherein the outer contour of the orthographic projection of the first sealing member on the plane perpendicular to the second direction comprises two opposite long sides and two opposite short sides, there are two elastic pieces, and the two elastic pieces are symmetrically distributed on the two opposite short sides (see fig. 4). Regarding claim 13, Li discloses wherein the outer contour of the orthographic projection of the first sealing member on the plane perpendicular to the second direction comprises the two opposite long sides and the two opposite short sides, there is at least one elastic piece, and the at least one elastic piece is distributed on the long side (see fig. 4). Regarding claim 14, Li discloses a second sealing member, the second sealing member being sleeved over an outer edge of the atomization assembly and abutting against the inner surface of the sidewall of the upper cover, the second sealing member comprising a second sidewall and a sealing edge extending from the second sidewall, the second sidewall comprising a lower sidewall close to an end of the lower cover and an upper sidewall away from the end of the lower cover, a deformation portion being formed on the upper sidewall, the deformation portion constituting the at least one elastic member, and the deformation portion covering the first end of the ventilation channel to close the ventilation channel (see fig. 5 and 9). Regarding claim 15, Li discloses the deformation portion is a tongue-shaped elastic piece (53a, fig. 9). Regarding claim 16, it is inherent that when the air pressure inside the liquid storage chamber is less than the outside atmospheric pressure, the deformation portion deforms in a direction toward the porous element to open the ventilation channel. Regarding claim 17, Li discloses wherein using an extending direction from the liquid absorption surface to the atomization surface as a second direction, an outer contour of an orthographic projection of the second sealing member on a plane perpendicular to the second direction is elliptical or racetrack-shaped (see fig. 3). Regarding claim 18, Li discloses wherein the outer contour of the orthographic projection of the second sealing member on the plane perpendicular to the second direction comprises two opposite long sides and two opposite short sides, there are two deformation portions, and the two deformation portions are symmetrically distributed on the two opposite short sides (sides of reference sign 70, fig. 3). Regarding claim 19, Li discloses wherein the outer contour of the orthographic projection of the second sealing member on the plane perpendicular to the second direction comprises the two opposite long sides and the two opposite short sides, there is at least one deformation portion, and the at least one deformation portion is distributed on the long side (see 70, fig. 3). Regarding claim 20, Li discloses an e-cigarette, comprising the e-cigarette atomization device according to claim 1 (Abstract). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5. 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 5712703882. 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. /PHU H NGUYEN/Examiner, Art Unit 1747
Read full office action

Prosecution Timeline

Apr 18, 2024
Application Filed
Jun 24, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

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Patent 12648590
HARM-REDUCING CIGARETTE FILTER, PREPARATION METHOND AND APPLICATION THEREOF
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3y 8m to grant Granted Jun 02, 2026
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
66%
Grant Probability
84%
With Interview (+18.9%)
3y 10m (~1y 7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 701 resolved cases by this examiner. Grant probability derived from career allowance rate.

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