Prosecution Insights
Last updated: July 17, 2026
Application No. 17/466,445

UNITARY HEATING ELEMENT AND HEATER ASSEMBLIES, CARTRIDGES, AND E-VAPOR DEVICES INCLUDING A UNITARY HEATING ELEMENT

Final Rejection §112
Filed
Sep 03, 2021
Priority
Apr 23, 2015 — provisional 62/151,819 +1 more
Examiner
RHUE, ABIGAIL H
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Altria Client Services LLC
OA Round
7 (Final)
54%
Grant Probability
Moderate
8-9
OA Rounds
0m
Est. Remaining
92%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
76 granted / 142 resolved
-16.5% vs TC avg
Strong +39% interview lift
Without
With
+38.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
45 currently pending
Career history
200
Total Applications
across all art units

Statute-Specific Performance

§103
94.8%
+54.8% vs TC avg
§102
2.0%
-38.0% vs TC avg
§112
3.1%
-36.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 142 resolved cases

Office Action

§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 2/5/2026 and 2/11/2026 was filed after the mailing date of the Non-Final Rejection on 11/28/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “W10” has been used to designate both a width in Fig. 1A and a width in Fig. 1C. The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “W20” has been used to designate both a width in Fig. 1A and a width in Fig. 1C. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 1-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The amended limitations of claim 1 recites “wherein a width of the filament varies along the circuitous path such that the width gradually increases in a radial direction outward from the air channel, a distance between adjacent portions of the plurality of portions in an angular direction decreases along the radial direction.” Applicant’s specification do not clearly recite that “a distance between adjacent portions of the plurality of portions in an angular direction decreases along the radial direction.” Referring to the specification [0062] and Fig. 1C, as applicant referred in the Remarks filed 2/19/2026, the section refers to a width W10 being smaller than a width W20, but this portion does not correlate with “W10” or “W20” in Fig. 1C, rather it refers to the components in Fig. 1A, having duplicate references, so at least [0062] does not teach the amended limitation. Additionally, in Fig. 1C, it is not clear that the widths, in particular W10 and W20, decrease along the radial direction, as it appears the portions may have the same widths. Additionally, there is no further mention in the specifications to clarify that “a distance between adjacent portions of the plurality of portions in an angular direction decreases along the radial direction.” Response to Arguments Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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 ABIGAIL RHUE whose telephone number is (571)272-4615. The examiner can normally be reached Monday - Friday, 10-6. 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, Steven Crabb can be reached at (571) 270-5095. 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. /ABIGAIL H RHUE/Examiner, Art Unit 3761 5/18/2026 /WOODY A LEE JR/Primary Examiner, Art Unit 3761
Read full office action

Prosecution Timeline

Show 12 earlier events
Feb 25, 2025
Final Rejection mailed — §112
Apr 22, 2025
Response after Non-Final Action
Jul 15, 2025
Notice of Allowance
Jul 15, 2025
Response after Non-Final Action
Aug 05, 2025
Response after Non-Final Action
Nov 28, 2025
Non-Final Rejection mailed — §112
Feb 19, 2026
Response Filed
Jun 01, 2026
Final Rejection mailed — §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

8-9
Expected OA Rounds
54%
Grant Probability
92%
With Interview (+38.9%)
3y 11m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 142 resolved cases by this examiner. Grant probability derived from career allowance rate.

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