Prosecution Insights
Last updated: July 17, 2026
Application No. 17/768,797

AEROSOL-GENERATING DEVICE FOR INDUCTIVE HEATING OF AN AEROSOL-FORMING SUBSTRATE

Final Rejection §112
Filed
Apr 13, 2022
Priority
Oct 15, 2019 — EU 19203346.2 +1 more
Examiner
MILLS JR., JOE E
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Philip Morris International Inc.
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
88%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allowance Rate
291 granted / 402 resolved
+2.4% vs TC avg
Strong +16% interview lift
Without
With
+15.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
33 currently pending
Career history
457
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
77.4%
+37.4% vs TC avg
§102
8.4%
-31.6% vs TC avg
§112
10.5%
-29.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 402 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 . Response to Amendment This office action is responsive to the amendment filed on 02/17/2026. As directed by the amendment: claim(s) 16 and 21 has/have been amended; claim(s) 25 has/have been cancelled and new claim(s) 36-37 has/have been added. Thus, claims 16-24 and 26-37 are presently pending in this application. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. Claims 16-24 and 26-35 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The term “close to” in claim 16 is a relative term which renders the claim indefinite. The term “close to” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Page 5 of the specification, lines 22-28 recites "the frequency of the oscillator field is close to the first or second resonance frequency, respectively, when a difference between the frequency of the oscillator field and the first or second resonance frequency, respectively, is less than 500 kHz (kilo-Hertz), in particular less than 100 kHz (kilo- Hertz), preferably less than 50 kHz (kilo-Hertz), more preferably less than 20 kHz (kilo-Hertz), even more preferably less than 10 kHz (kilo-Hertz, most preferably less than 5 kHz (kilo-Hertz)." Examiner suggests amending claim 16 to recite which of the ranges from the specification Applicant refers as "close to." Allowable Subject Matter Claims 36-37 are allowed. The following is a statement of reasons for the indication of allowable subject matter: The cited prior art does not disclose, teach, or suggest a driving oscillator circuit comprising a common oscillator coil configured to selectively generate an alternating magnetic oscillator field having a frequency either at the first resonance frequency, or at the second resonance frequency. Response to Arguments Applicant’s arguments, see page 9, filed 02/17/2026, with respect to the rejection(s) of claim(s) 16-35 under 35 U.S.C. § 112(b) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of 35 U.S.C. § 112(b). The claim has been amended to include a larger range realized by the relative term “close to.” However, the range “close to” is not clearly defined in the specification. The specification does not explain the degree at which “close to” would allow the driving oscillator circuit resonate with the first or second LC resonator. 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 JOE E MILLS JR. whose telephone number is (571)272-8449. The examiner can normally be reached M-F 8-5. 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, Ibrahime Abraham can be reached at (571) 270-5569. 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. /JOE E MILLS JR./Examiner, Art Unit 3761 /IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761
Read full office action

Prosecution Timeline

Apr 13, 2022
Application Filed
Nov 17, 2025
Non-Final Rejection mailed — §112
Feb 17, 2026
Response Filed
Jun 24, 2026
Final Rejection mailed — §112 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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AEROSOL-PRODUCING DEVICE AND CONTROL METHOD
4y 2m to grant Granted Jun 30, 2026
Patent 12649181
METHOD OF JETTING PRINT MATERIAL USING EJECTOR DEVICES AND METHODS OF MAKING THE EJECTOR DEVICES
1y 11m to grant Granted Jun 09, 2026
Patent 12636721
WIRE ELECTRODE FOR WIRECUT ELECTRICAL DISCHARGE MACHINING WITH CARBONACEOUS SURFACE LAYER AND THE PREPARATION METHODS THEREOF
4y 6m to grant Granted May 26, 2026
Patent 12618541
APPARATUS FOR DEFROSTING A VEHICLE LIGHT
4y 4m to grant Granted May 05, 2026
Patent 12437968
PLASMA PROCESSING APPARATUS AND PLASMA PROCESSING METHOD
4y 1m to grant Granted Oct 07, 2025
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
72%
Grant Probability
88%
With Interview (+15.5%)
3y 2m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 402 resolved cases by this examiner. Grant probability derived from career allowance rate.

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