Prosecution Insights
Last updated: April 19, 2026
Application No. 17/600,592

APPARATUS FOR HEATING AEROLSOLISABLE MATERIAL AND METHOD OF ARRANGING AN APPARATUS

Non-Final OA §102
Filed
Sep 30, 2021
Examiner
WILL, KATHERINE A
Art Unit
1747
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Nicoventures Trading Limited
OA Round
3 (Non-Final)
66%
Grant Probability
Favorable
3-4
OA Rounds
3y 4m
To Grant
87%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allow Rate
297 granted / 449 resolved
+1.1% vs TC avg
Strong +21% interview lift
Without
With
+21.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
44 currently pending
Career history
493
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
51.4%
+11.4% vs TC avg
§102
24.1%
-15.9% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 449 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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/30/25 has been entered. Claim Objections Claims 4, 5, and 9-11 are objected to because they depend on claim 3 which has been cancelled. Appropriate correction is required. 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 16 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimizu (WO 2014020953) (claims are mapped to the English translation provided). Claim 16. Shimizu discloses an apparatus for heating a cigarette (aerosolizable material), the apparatus comprising a heater 131 (heating arrangement) housing part 401 (heating zone) comprising an inner tube 105 for receiving a cigarette ([47]; Figures 21-23). Battery unit 49 (power zone) comprises a rechargeable battery 29 for providing power to the heating zone ([44]; Figure 21). Components of a driving circuit are mounted on a printed circuit board 137 (control circuitry) ([43]; Figure 18). Battery unit 49 (power zone) and the printed circuit board 137 (control circuitry) are arranged in sequence in a direction parallel with a longitudinal axis of the apparatus. The housing part 401 (heating zone) is arranged adjacent to and substantially parallel with the battery unit 49 (power zone) and the printed circuit board 137 (control circuitry) (Figures 21-28). Allowable Subject Matter Claims 1, 2, 6-8, 12-15 are allowed. The following is an examiner’s statement of reasons for allowance: The closest prior art is Shimizu (WO 2014020953). Shimizu discloses an apparatus for heating a cigarette (aerosolizable material), the apparatus comprising a heater 131 (heating arrangement) housing part 401 (heating zone) comprising an inner tube 105 for receiving a cigarette ([47]; Figures 21-23). Battery unit 49 (power zone) comprises a rechargeable battery 29 for providing power to the heating zone ([44]; Figure 21). Components of a driving circuit are mounted on a printed circuit board 137 (control circuitry) ([43]; Figure 18). Battery unit 49 (power zone) and the printed circuit board 137 (control circuitry) are arranged in sequence in a direction parallel with a longitudinal axis of the apparatus. The housing part 401 (heating zone) is arranged adjacent to and substantially parallel with the battery unit 49 (power zone) and the printed circuit board 137 (control circuitry) (Figures 21-28). Shimizu does not disclose wherein the control circuitry comprises a plurality of printed circuit boards (PCBs) that are arranged substantially in parallel in a direction substantially perpendicular to the longitudinal axis of the apparatus. Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” 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 on (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

Sep 30, 2021
Application Filed
Sep 30, 2021
Response after Non-Final Action
Apr 15, 2022
Response after Non-Final Action
Mar 23, 2024
Non-Final Rejection — §102
Jun 28, 2024
Response Filed
Dec 26, 2024
Final Rejection — §102
Feb 26, 2025
Response after Non-Final Action
Apr 30, 2025
Request for Continued Examination
May 01, 2025
Response after Non-Final Action
Feb 07, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12593877
VAPING SYSTEM
2y 5m to grant Granted Apr 07, 2026
Patent 12543801
ELECTRONIC CIGARETTE
2y 5m to grant Granted Feb 10, 2026
Patent 12538943
NONWOVEN POUCH COMPRISING HEAT SEALABLE BINDER FIBER
2y 5m to grant Granted Feb 03, 2026
Patent 12538945
Method and System for Identifying Smoking Articles
2y 5m to grant Granted Feb 03, 2026
Patent 12527346
PODS FOR VAPORIZERS AND SMOKING PRODUCTS
2y 5m to grant Granted Jan 20, 2026
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
66%
Grant Probability
87%
With Interview (+21.3%)
3y 4m
Median Time to Grant
High
PTA Risk
Based on 449 resolved cases by this examiner. Grant probability derived from career allow rate.

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