Prosecution Insights
Last updated: April 19, 2026
Application No. 18/006,814

MODULAR APPARATUS FOR MANUFACTURING A CONSUMABLE UNIT FOR AN INHALATION DEVICE AND METHOD FOR RECONFIGURING SAID APPARATUS

Non-Final OA §102§103
Filed
Jan 25, 2023
Examiner
SZEWCZYK, CYNTHIA
Art Unit
1741
Tech Center
1700 — Chemical & Materials Engineering
Assignee
British American Tobacco (Investments) Limited
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
84%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
692 granted / 939 resolved
+8.7% vs TC avg
Moderate +10% lift
Without
With
+9.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
40 currently pending
Career history
979
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
48.3%
+8.3% vs TC avg
§102
25.3%
-14.7% vs TC avg
§112
19.2%
-20.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 939 resolved cases

Office Action

§102 §103
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 . Election/Restrictions Claims 20-21 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on October 28, 2025. 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. Claim(s) 1-8, 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GHIOTTI et al. (WO 2017/051350). Ghiotti teaches a modular apparatus (see figure 2) for performing a sequence of assembly operations on components of an inhalation device, the apparatus comprises a set of workstations (FS, WRS, FRS, CDS, CS), each workstation being configured to perform a different assembly operation of the sequence of operations; wherein each workstation comprises a machine tray support (12, 14, 17, 21 in figure 2) to locate a machine tray (20 in figure 2) in which components for assembly are received, the machine tray support being configured to guide the machine tray located in the machine tray support into a predetermined position in the workstation (see figure 2). Regarding claim 2, figure 2 shows each workstation further comprises a platform (23) slidably mounted relative to the machine tray support for movement into an engaged position in which an assembly operation is carried out on components received in the machine tray located in the predetermined position; wherein the platform of each workstation is configured to mount a different assembly mechanism so that, when the platform is in said engaged position in a workstation, the assembly mechanism of that workstation performs one of the assembly operations of the sequence on the components received in the machine tray located in the predetermined position in that workstation (abstract). Regarding claim 3, Ghiotti teaches the platform of each workstation is configured to slide between the engaged position and a disengaged position, in which a machine tray is insertable into, or is removable from, the machine tray support of the workstation (page 6 lines 27-33). Regarding claim 4, Ghiotti teaches the platform of each workstation is mounted on a pillar for linear movement between the engaged and disengaged positions (page 6 lines 27-33). Regarding claim 5, figure 7 shows the platform of each workstation is supported by four pillars (46) arranged around the machine tray support. Regarding claim 6, figure 14 shows each machine tray support comprises one or more rails (21) configured to support opposing sides of a machine tray so that the machine tray can be inserted into the predetermined position by sliding the machine tray along said rails. Regarding claim 7, Ghiotti teaches each machine tray support includes a stop against which a machine tray abuts when inserted into the predetermined position (page 6 lines 1-2). Regarding claim 8, Ghiotti teaches at least one workstation of the set of workstations comprises an actuator configured to move the movable shelf between the engaged and disengaged positions (page 13 lines 5-15). Regarding claim 10, Ghiotti teaches each workstation comprises an interface unit and wherein the modular apparatus further comprises a controller configured to control each workstation via said interface units (page 13 lines 18-19). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. Claim(s) 9, 11, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over GHIOTTI et al. (WO 2017/051350) in view of WEIS et al. (US 2018/0317375). Ghiotti teaches a modular apparatus (see figure 2) for performing a sequence of assembly operations on components of an inhalation device, the apparatus comprises a set of workstations (FS, WRS, FRS, CDS, CS), each workstation being configured to perform a different assembly operation of the sequence of operations; wherein each workstation comprises a machine tray support (12, 14, 17, 21 in figure 2) to locate a machine tray (20 in figure 2) in which components for assembly are received, the machine tray support being configured to guide the machine tray located in the machine tray support into a predetermined position in the workstation (see figure 2). Weiss teaches a modular apparatus for performing a sequence of assembly operations. Weiss teaches that the apparatus comprises a set of workstations (22, 26), each workstation being configured to perform a different assembly operation of the sequence of operations; wherein each workstation comprises a machine tray support (18) to locate a machine tray (14) in which components for assembly are received, the machine tray support being configured to guide the machine tray located in the machine tray support into a predetermined position in the workstation (see figure 1). Regarding clam 9, Weiss teaches each machine tray support further comprises a proximity switch to determine if a machine tray is located in the predetermined position (para. 0059). It would have been obvious to one of ordinary skill in the art to modify the modular apparatus of Ghiotti to include the proximity switch of Weis because Weis teaches that this allows the control system to monitor and system the location of each tray as each tray is transported along the conveyor system (para. 0059). Regarding claim 11, Weis teaches each workstation comprises a wireless tag reader to detect information identifying a unique wireless tag associated with a machine tray inserted into the workstation, wherein said information is communicated to the controller by the interface unit (para. 0059). It would have been obvious to one of ordinary skill in the art to modify the modular apparatus of Ghiotti to include the wireless tag of Weis because Weis teaches that this allows the control system to monitor and system the location of each tray as each tray is transported along the conveyor system (para. 0059). Regarding claim 16, Weis teaches the wireless tag comprises an RFID tag (para. 0059). Claim(s) 17-19, 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over GHIOTTI et al. (WO 2017/051350). Ghiotti teaches a modular apparatus (see figure 2) for performing a sequence of assembly operations on components of an inhalation device, the apparatus comprises a set of workstations (FS, WRS, FRS, CDS, CS), each workstation being configured to perform a different assembly operation of the sequence of operations; wherein each workstation comprises a machine tray support (12, 14, 17, 21 in figure 2) to locate a machine tray (20 in figure 2) in which components for assembly are received, the machine tray support being configured to guide the machine tray located in the machine tray support into a predetermined position in the workstation (see figure 2). Regarding claim 17, Ghiotti teaches that in order to increase the productivity, it is possible to increase the number of seats on the tray (page 21 lines 30-33) which implies switching out the trays with different trays having more seats, which reads on the set of workstations can be reconfigured to perform a second sequence of assembly operations, different to the first sequence of operations, to assemble a second type of component for an inhalation device. Regarding claim 18, as discussed above, Ghiotti teaches that in order to increase the productivity, it is possible to increase the number of seats on the tray (page 21 lines 30-33), which would require the removal of workstations having trays with 10 seats as shown in the figures, and replacing the workstations with trays having more seats. Regarding claim 19, see the discussion of claims 17 and 18 above. Regarding claim 22, Ghiotti teaches that in order to increase the productivity, it is possible to increase the number of seats on the tray (page 21 lines 30-33). As discussed above, this implies a step of repositioning workstations relative to one another and/or removing one or more workstations and/or adding one or more further workstations. Regarding claim 23, figures 1-15 show workstations having trays with 10 seats, which reads on a first assembly operation on components of an inhalation device. As discussed above, Ghiotti teaches that in order to increase the productivity, it is possible to increase the number of seats on the tray (page 21 lines 30-33) which reads on a different assembly mechanism configured to carry out a second assembly operation on components of an inhalation device, different from the first assembly operation. Allowable Subject Matter Claims 12-15 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 prior art does not teach or suggest each workstation comprises a set of stop/go lights to indicate to an operator of the workstation whether to proceed to perform an assembly operation on components received in a machine tray inserted into the workstation, wherein said stop/go lights are configured to provide said indication to the operator on receipt of instructions from the controller. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 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, Alison Hindenlang can be reached at 571-270-7001. 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. /CYNTHIA SZEWCZYK/ Primary Examiner, Art Unit 1741
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Prosecution Timeline

Jan 25, 2023
Application Filed
Feb 21, 2026
Non-Final Rejection — §102, §103 (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

1-2
Expected OA Rounds
74%
Grant Probability
84%
With Interview (+9.9%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 939 resolved cases by this examiner. Grant probability derived from career allow rate.

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