Prosecution Insights
Last updated: August 16, 2026
Application No. 17/679,852

SMOKING SUBSTITUTE DEVICE AND CONTROL METHOD

Non-Final OA §101§102§112
Filed
Feb 24, 2022
Priority
Aug 30, 2019 — EU 19194600.3 +2 more
Examiner
DIYAN, OLUWATOSIN OLUWATUMININ
Art Unit
1700
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Imperial Tobacco Limited
OA Round
5 (Non-Final)
30%
Grant Probability
At Risk
5-6
OA Rounds
0m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants only 30% of cases
30%
Career Allowance Rate
3 granted / 10 resolved
-35.0% vs TC avg
Strong +52% interview lift
Without
With
+52.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
41 currently pending
Career history
60
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
63.8%
+23.8% vs TC avg
§102
17.0%
-23.0% vs TC avg
§112
15.9%
-24.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 10 resolved cases

Office Action

§101 §102 §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 . 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/01/2026 has been entered. Status of the Claims Claims 1, 2, and 13 are currently pending and are subject to this office action. Claims 1, 2, and 13 are amended. Claims 3-12 are canceled. This office action is in response to Applicant’s amendment filed on 04/24/2026. Response to Amendments Examiner acknowledges Applicant’s response filed on 04/24/2026 containing amendments and remarks to the claims. In response to Applicant’s amendments filed 04/24/2026 , the Examiner withdraws the objection over the specification for new matter. In response to Applicant’s amendments filed 04/24/2026 , the Examiner withdraws the 35 U.S.C. 112(a) rejection for failing to comply with the written description requirement. In response to Applicant’s amendments filed 04/24/2026 , the Examiner withdraws the 35 U.S.C. 112(b) rejection for being indefinite. In response to Applicant’s amendments filed 04/24/2026 , the Examiner withdraws the 35 U.S.C. 101 rejection for claiming an abstract idea. Response to Arguments Applicant’s arguments, on pages 4-7, filed 04/24/2026, with respect to the rejection of claim 1 under 35 U.S.C. 112(a) have been fully considered and are persuasive. The Applicant has amended claim 1 to delete language from another distinct method of the specification. Applicant’s arguments, on pages 4-7, filed 04/24/2026, with respect to the rejection of claim 1 under 35 U.S.C. 101 have been fully considered and are persuasive. The Applicant has amended claim 1 to clarify the claimed subject matter and define physical components of the device. Applicant’s arguments, on pages 4-7, filed 04/24/2026, with respect to the rejection of claim 1 under 35 U.S.C. 101 have been fully considered and are persuasive. The Applicant has amended claim 1 to include a limitation that was not previously presented, specifically, “an additional parameter, the additional parameter being an electrical parameter of the heating element indicative of a current in the heating element, or a heater coil resistance; varying by the controller, using pulse width modulation, PWM , a duty cycle”. However, upon further consideration, a new ground(s) of rejection is made in view of Alarcon (US 20160057811 A1). The following are modified rejections based on Applicant’s amendments to the claims. 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1, 2, and 13 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Alarcon (US 20160057811 A1, as cited in IDS dated 05/06/2022). With regard to Claim 1, Alarcon, directed to method for controlling a heating element, teaches (i) wherein a voltage sensor may be provided to detect an internal voltage of a heater and a current sensor may be provided to detect an internal current of the heater [0041]. (ii) A controller may be configured to generate a power control signal to control power supplied to the heater from a battery [0040]. (iii) The current sensor may be provided to detect an internal current of the heater [0041]. (iv) The voltage level signal received from the battery can be transferred to the controller to create a power control signal [0040]. (v) The controller may be configured to generate a power control signal from determined a pulse-width modulation duty cycle to control the power supplied to the heater [0006 & 0040]. (vi) The controller can determine the pulse width modulation for the heater control based of heater parameters [0055], wherein the heater parameters include current level, voltage levels, heating duration, etc. [0041]. With regard to Claim 2, Alarcon teaches wherein a field effect transistor can source current to the heater through the MCU [0046], wherein the MCU may be configured to generate a power control signal to control power supplied to the heater from a battery [0029 & 0040]. With regard to Claim 13, Alarcon teaches wherein (i) the device comprises a battery having a voltage source [0006, 0071]. (ii) A controller may be configured to generate a power control signal to control power supplied to the heater from the battery [0040]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 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, Philip Louie can be reached at 571-270-1241. 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. /O.O.D./Examiner, Art Unit 1755 /RUSSELL E SPARKS/Primary Examiner, Art Unit 1755
Read full office action

Prosecution Timeline

Show 6 earlier events
Mar 23, 2025
Response after Non-Final Action
Jul 29, 2025
Non-Final Rejection mailed — §101, §102, §112
Oct 29, 2025
Response Filed
Feb 24, 2026
Final Rejection mailed — §101, §102, §112
Apr 24, 2026
Response after Non-Final Action
Jun 01, 2026
Request for Continued Examination
Jun 02, 2026
Response after Non-Final Action
Jul 14, 2026
Non-Final Rejection mailed — §101, §102, §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12599166
SMOKING PIPES
3y 9m to grant Granted Apr 14, 2026
Patent 12501934
Cartridge for Vaporizer Device
3y 2m to grant Granted Dec 23, 2025
Patent 12396484
AEROSOL-GENERATING ARTICLE WITH A MULTI-COMPARTMENT LIQUID RESERVOIR
2y 9m to grant Granted Aug 26, 2025
Patent 12344428
AN APPARATUS AND A METHOD FOR MANUFACTURING A POUCHED PRODUCT FOR ORAL USE AND A POUCHED PRODUCT FOR ORAL USE
2y 7m to grant Granted Jul 01, 2025
Study what changed to get past this examiner. Based on 4 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

5-6
Expected OA Rounds
30%
Grant Probability
82%
With Interview (+52.4%)
3y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 10 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month