Prosecution Insights
Last updated: October 02, 2026
Application No. 18/725,672

ATOMIZER AND ELECTRONIC ATOMIZATION DEVICE

Non-Final OA §102
Filed
Jun 28, 2024
Priority
Dec 31, 2021 — CN 202111669779.2 +1 more
Examiner
WILL, KATHERINE A
Art Unit
Tech Center
Assignee
Shenzhen First Union Technology Co., Ltd.
OA Round
1 (Non-Final)
67%
Grant Probability
Favorable
1-2
OA Rounds
11m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allowance Rate
320 granted / 476 resolved
+7.2% vs TC avg
Strong +20% interview lift
Without
With
+20.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
36 currently pending
Career history
504
Total Applications
across all art units

Statute-Specific Performance

§101
0.9%
-39.1% vs TC avg
§103
52.6%
+12.6% vs TC avg
§102
22.3%
-17.7% vs TC avg
§112
18.9%
-21.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 476 resolved cases

Office Action

§102
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. Claims 1-5, 7-9, 13, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhang et al. (CN210203316U) (claims are mapped to the English translation provided). Claim 1. Zhang et al. discloses an electronic cigarette comprising cartridge 100 which includes a liquid storage member 1, a bracket 2 (first bracket), a first seal member 31, and a second seal member 32, the third sealing member 33, the porous body 4 (liquid guide element), the heating body 45 (heating element), the base 5, the liquid separator 6, the magnetic column 7, and the electrode rod 8 (Figures 1 and 2; [45]). The porous body 4 (liquid guide element) includes a body portion 41, two side portions 42 and a connecting portion 43. The body portion 41 is in the shape of a flat plate. One plate surface of the main body portion 41 is the atomizing surface 411 and the two side portions 42 extend from the other surface facing the atomizing surface 411 away from the atomizing surface 411. The two side portions 42 and the main body portion 41 form an accommodating cavity 44 for accommodating a part of the atomizing liquid (Figures 1, 2, 6 and 7 wherein the side of the plate opposite the atomizing surface is interpreted as the liquid absorbing surface; [56]). The heating element 45 is integrally formed on the atomizing surface 411 of the porous body 4 (Figures 1, 2, 6, and 7; [60]). The bracket 2 includes a first body 21 (defining a first chamber) and a first cylindrical body 22 (defining a second chamber). A recessed portion 212 is recessed downward from the center of the upper surface of the first body 21. A first communication hole 210 is opened in the bottom wall of the recessed portion 212, and the lower end of the air guide tube 12 is received in the recessed portion 212. In the second direction 102, two opposite side walls of the concave portion 212 are respectively provided with a vent hole 211, so that the air outlet channel 120 in the air duct 12 communicates with the outside of the bracket 2 via the vent hole 211. In the first direction 101, two first liquid through holes 2121 penetrating through the upper and lower surfaces of the first body 21 are spaced apart from the first body 21, and the two first liquid through holes 2121 are respectively located on the left and right of the concave portion 212 on both sides. The first cylinder 22 (defining a second chamber) extends downward from the outer edge of the lower surface of the first body 21 (partition portion). The first cylindrical body 22 has a closed ring shape, the lower end of the first cylindrical body 22 is opened, and the first liquid passage hole 212 (first through hole) communicates with the liquid storage chamber 13 and the space in the first cylindrical body 22. In the first direction 101, the left and right sides of the first cylinder 22 are respectively provided with second locking protrusions 221. In the second direction 102, two first vent grooves 222 are opened on the first cylinder 22, and the two first vent grooves 222 are in airflow communication with the two vent holes 211, respectively, and then communicate with the air outlet channel in the air duct 12 120 airflow communication (Figures 1-4; [49]-[51]). Claim 2. Zhang et al. discloses that a part of the atomizing surface 411 is exposed to the first chamber defined by first body 21 by first liquid passage hole 212 (first through hole) (Figures 1-4). Claim 3. Zhang et al. discloses that the heating body 45 (heating element) is disposed on the exposed part of the atomizing surface 411 (Figures 1-7). Claim 4. Zhang et al. discloses that the bracket 2 (first bracket) has two first liquid through holes 2121 (liquid flowing channels) penetrating through the upper and lower surfaces of the first body 21 which are spaced apart from the first body 21, and the two first liquid through holes 2121 are respectively located on the left and right of the concave portion 212 on both sides (Figures 1-4; [49]-[51]). Claim 5. Zhang et al. discloses a first seal member 31 which has a hollow structure with one end open, and the first seal 31 is mostly contained in the first cylindrical body 22 (second chamber of bracket 2). The first seal 31 includes a third body 311, a third cylindrical body 312, and a first engaging portion 313. The third body 311 is in the shape of a flat plate. The upper end surface of the third body 311 is in contact with the lower end surface of the first cylindrical body 22 (second chamber of bracket 2). The center of the third body 311 is provided with second communication holes 3111 penetrating the upper and lower sides of the third body 311. The second communication hole 3111 and the first communication hole 210 communicate with each other. In the first direction 101, two third liquid passage holes 3112 are provided on the third body 311 at intervals, and the two third liquid passage holes 3112 communicate with the two first liquid passage holes 212 respectively. The third cylinder 312 extends from the outer edge of the lower surface of the third body 311 in a direction away from the first body 21. In the longitudinal direction of the cartridge 100, the lower surface of the third cylinder 312 is lower than the first The lower surface of the cylinder 22. In the second direction 102, two second ventilation slots 3121 are opened on the third cylinder 312, and the two second ventilation slots 3121 are respectively in airflow communication with the two first ventilation slots 222. In the first direction 101, the inner wall of the third cylindrical body 312 is convexly provided with two sealing portions 3122, and the inner wall of the third cylindrical body 312 is convexly provided with two first engaging portions 313, the two first engaging portions 313 is located below the two sealing portions 3122, and the two first engaging portions 313 connect the two sides of the third cylinder 312 in the second direction 102 (Figures 1-5, [53]-[55]). Claim 7. Zhang et al. discloses that the first seal 31 includes a third body 311 (first part), a third cylindrical body 312, and a first engaging portion 313. The third body 311 (first part) is in the shape of a flat plate which covers an edge part of the atomizing surface 411. The upper end surface of the third body 311 (first part) is in contact with the lower end surface of the first cylindrical body 22 (partition portion) (Figures 1-5; [53]). Claim 8. Zhang et al. discloses that the porous body 4 (liquid guide element) comprises an accommodating cavity 44 (channel) (Figure 6 and 7; [56]). The porous body 4 (liquid guide element) includes a body portion 41, two side portions 42 and a connecting portion 43. The body portion 41 is in the shape of a flat plate. One plate surface of the main body portion 41 is the atomizing surface 411 and the two side portions 42 extend from the other surface facing the atomizing surface 411 away from the atomizing surface 411. The two side portions 42 and the main body portion 41 form an accommodating cavity 44 for accommodating a part of the atomizing liquid (Figures 1, 2, 6 and 7 wherein the side of the plate opposite the atomizing surface is interpreted as the liquid absorbing surface; [56]). Claim 9. Zhang et al. discloses that the cross sectional area of the first body 21 (defining a first chamber) is less than a cross sectional area of the first cylinder 22 (defining a second chamber) (Figures 1-4). Claim 13. Zhang et al. discloses that the atomizer comprises a liquid storage member 1 (main housing). The upper end of the liquid storage element 1 is provided with an air outlet 11, and the lower end of the liquid storage element 1 is an opening. The upper end of the inner wall of the liquid storage member 1 extends downward with an air guide tube 12. An air outlet channel 120 is formed in the air guide tube 12. The upper end of the air outlet channel 120 communicates with the air outlet 11. Between the outside of the air guide tube 12 and the inside of the liquid storage member 1, a storage chamber 13 (liquid accommodating space) for storing atomized liquid is formed. The left and right sides of the lower side of the inner wall of the liquid storage element 1 are respectively provided with first clamping grooves 14. The bracket 2 is accommodated in the liquid storage member 1 (Figures 1 and 2; [47]-[49]). Claim 15. Zhang et al. discloses the atomizer of claim 1 wherein the porous body is used to draw and temporarily store part of the atomized liquid from the liquid storage cavity and generate heat. The body is in contact with the porous body. After the heating element is energized, the atomized liquid conducted by the porous body to the heating element is heated into an aerosol that can be directly sucked by the user ([04]). The electronic cigarette further comprises a battery rod assembly, wherein the battery rod assembly has a battery that provides electrical energy to the cartridge so that the heating element 45 in the cartridge 100 is energized to heat the atomized liquid in the cartridge 100 into an aerosol that can be directly sucked by the user ([44]). Allowable Subject Matter Claim 6, 10-12, and 14 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. The following is a statement of reasons for the indication of allowable subject matter: The closest prior art is Zhang et al. (CN210203316U). Zhang et al. discloses the atomizer of claim 5 but does not disclose wherein the inner wall of the second chamber comprises a first inclined plane inclined relative to a vertical direction; the first seal member comprises a second inclined plane; and the first inclined plane is attached to and matches the second inclined plane. Zhang et al. also does not disclose wherein the atomizer comprises a second seal member; the second seal member comprises an inner cylinder portion and an outer cylinder portion; the inner cylinder portion is inserted into the first chamber and is attached to and matches an inner wall of the first chamber; and the outer cylinder portion surrounds the upper end of the first bracket and is attached to and matches an outer wall of the upper end. Zhang et al. also does not disclose wherein the aerosol channel is defined by a vapor-gas output tube; and a blocking arm extending toward the atomization surface and adjacent to the atomization surface is disposed on a free end of the vapor-gas output tube. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Katherine A Will whose telephone number is (571)270-0516. The examiner can normally be reached Monday-Friday 10:00AM-6:00PM(EST). 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 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. /KATHERINE A WILL/Primary Examiner, Art Unit 1747
Read full office action

Prosecution Timeline

Jun 28, 2024
Application Filed
Sep 22, 2026
Non-Final Rejection mailed — §102 (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

1-2
Expected OA Rounds
67%
Grant Probability
88%
With Interview (+20.3%)
3y 2m (~11m remaining)
Median Time to Grant
Low
PTA Risk
Based on 476 resolved cases by this examiner. Grant probability derived from career allowance rate.

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