Prosecution Insights
Last updated: October 02, 2026
Application No. 18/027,159

INHALER

Final Rejection §103
Filed
Mar 20, 2023
Priority
Jan 24, 2022 — RE 10-2022-0009933 +1 more
Examiner
DIYAN, OLUWATOSIN OLUWATUMININ
Art Unit
1755
Tech Center
1700 — Chemical & Materials Engineering
Assignee
KT&G Corporation
OA Round
4 (Final)
27%
Grant Probability
At Risk
5-6
OA Rounds
0m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants only 27% of cases
27%
Career Allowance Rate
3 granted / 11 resolved
-37.7% vs TC avg
Strong +54% interview lift
Without
With
+54.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
47 currently pending
Career history
62
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
70.5%
+30.5% vs TC avg
§102
14.1%
-25.9% vs TC avg
§112
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 11 resolved cases

Office Action

§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 . Status of the Claims Claims 1 and 3-9 are currently pending and are subject to this office action. Claims 1 and 7 are amended. Claim 2 is canceled. This office action is in response to Applicant’s amendment filed on 06/09/2026. Response to Amendments Examiner acknowledges Applicant’s response filed on 06/09/2026 containing amendments and remarks to the claims. Response to Arguments Applicant’s arguments, on pages 5-7, filed 06/09/2026, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. The Applicant has amended claim 1 to include a limitation that was not previously presented, specifically, “wherein the functional material supply port is disposed between the heating unit and the airflow channel; wherein the heating unit includes a first heater configured to heat the functional material in the functional material supply port prior to the functional material being supplied to the venturi area”. However, upon further consideration, a new ground(s) of rejection is made in view of Zominy (CA 3170421 A1) and Lin (US 2018343924 A1). Applicant’s arguments, on pages 5-7, filed 06/09/2026, with respect to the rejection of claim 7 under 35 U.S.C. 103 have been fully considered and are persuasive. The Applicant has amended claim 7 to include a limitation that was not previously presented, specifically, “a functional material cartridge communication with the venturi area through a functional material supply port; wherein the functional material supply port is disposed between the heating unit and the airflow channel; wherein the heating unit includes a first heater configured to heat the functional material in the functional material supply port prior to the functional material being supplied to the venturi area”. However, upon further consideration, a new ground(s) of rejection is made in view of Zominy (CA 3170421 A1) and Lin (US 2018343924 A1). The following are modified rejections based on Applicant’s amendments to the claims. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Fernando (US 20170360093 A1, as cited in IDS dated 06/27/2023), and further in view of Zominy (CA 3170421 A1) and Lin (US 2018343924 A1). PNG media_image1.png 592 228 media_image1.png Greyscale PNG media_image2.png 556 279 media_image2.png Greyscale With regard to Claim 1, Fernando, directed to an aerosol generation system, teaches (i) a device comprising a housing (Fig. 1: #12, [0061]) and a mouthpiece (Fig. 1: #50, [0060]). (ii) Air inlets (Fig. 1: #18) are disposed around the circumference of the housing and separated from the mouthpiece (Fig. 1: #50, [0061]). (iii) An airflow passage is formed from the air inlets (Fig. 1: #18) to an air outlet (Fig. 1: #24) in the mouthpiece (Fig. 1:#50, [0071]). The airflow passage extends in a vertical direction upward from the air inlets (Fig. 1: #18) and comprises a restricted cross section that decreases and expands [0010]. As shown in Figure 2, the restricted cross section starts at the narrowing portion (Fig. 2: #40, [0063]) and ends at the divergent portion (Fig. 2: #42, [0065]), meeting the claim limitation of a venturi area. (iv) The device includes a cartridge (Fig. 1: #20), within the housing (Fig. 1: #12), comprising a liquid aerosol forming substrate [0034]. (v) A liquid flow path (Fig. 2: #36), meeting the claim limitation of a functional material supply port, is used to create a path for liquid aerosol-forming substrate between a reservoir within the cartridge (Fig. 1: #20) and a liquid outlet (Fig. 2: #38, [0063-0064]). The liquid outlet (Fig. 2: #38) leads to the divergent portion (Fig. 2: #42), at the end of the venturi area. (vi) A heating element (Fig. 2: #26), part of a heater assembly [0021], is disposed on the spigot (Fig. 2: #32) and divergent portion (Fig. 2: #42), meeting the claim limitation of a heating unit disposed on at least a portion of a perimeter of the venturi area. (vii) The liquid aerosol forming substrate is supplied to the divergent portion (Fig. 2: #42) through the liquid flow path (Fig. 2: #36) and eventually lead to the air outlet (Fig. 1: #24) of the mouthpiece (Fig. 1: #50), after being heated [0081]. Fernando teaches all the limitations of the claims as set forth above, however Fernando is silent to: Wherein the functional material supply port is disposed between the heating unit and the airflow channel Wherein the heating unit includes a first heater configured to heat the functional material in the functional material supply port prior to the functional material being supplied to the venturi area. PNG media_image3.png 625 589 media_image3.png Greyscale In regards to i., Zominy, directed to an aerosol generating system, teaches a liquid exit port (Fig. 1A: #46) that is located between a wicking element (Fig. 1: #76) communicating with heating elements (Fig. 1A: #72 & #74) and vapor channels (Fig. 1: #22). The heating elements (Fig. 1A: #72 & #74) transfer heat to the wicking element (Fig. 1A: #76, Pg. 12: Lines 8-12), wherein the wicking element (Fig. 1A: #76) is formed to receive and distribute vaporizable material from the liquid exit port (Fig. 1A: #46, Pg. 8: Lines 21-22) and towards the central vapor pipe (Fig. 1A: #23, Pg. 11, Lines 11-14). One of ordinary skill in the art would have been motivated to modify the path of Fernando to wherein the functional material supply port is arranged between the heating element and airflow channel because the arrangement allows for better control over vaporization before meeting airflow (Pg. 12, Lines 29-Pg. 13, Lines 1-5). Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the functional material supply port to be disposed between the heating unit and the airflow channel because both Fernando and Zominy are directed to aerosol generating devices with specific liquid flow paths for aerosol generation. Zominy teaches a liquid exit port disposed between heating elements and vapor channels to provide better control over vaporization before meeting airflow (Pg. 12, Lines 29-Pg. 13, Lines 1-5) and this merely involves applying a known configuration to a known aerosol generating device ready for improvement to yield predictable results. PNG media_image4.png 417 242 media_image4.png Greyscale In regards to ii., Lin, directed to an electronic cigarette, teaches a liquid conduit (Fig. 2C: #44) responsible for transporting liquid [0037]. An electric heater (Fig. 2C: #41) surrounds the conduit and the liquid in the conduit is heated and atomized [0037]. One of ordinary skill in the art would have found it obvious to modify Fernando to include where the liquid is heated while in the functional material supply port, similar to Lin to control the amount of liquid being atomized at a time and improve the taste of atomized vapor [0010]. In the resulting modification, the functional material is heated while remaining in the functional material supply port, prior to exiting and being supplied to the end of the venturi area of Fernando, meeting the claim limitation of heating the functional material in the functional material supply port prior to the functional material being supplied to the venturi area. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the functional material supply port of modified Fernando to wherein the heating unit includes a first heater configured to heat the functional material in the functional material supply port prior to the functional material being supplied to the venturi area because both Fernando and Lin are directed to liquid transporting means in aerosol generating devices. Lin teaches a liquid conduit that is heated as liquid flows through it to control the amount of liquid being atomized at a time and improve the taste of atomized vapor [0010] and this merely involves applying a known heating technique to a known aerosol generating device, ready for improvement to yield predictable results. With regard to Claim 4, Fernando teaches wherein the aerosol-forming substrate comprises a mixture containing nicotine [0042]. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Fernando (US 20170360093 A1, as cited in IDS dated 06/27/2023), Zominy (CA 3170421 A1), and Lin (US 2018343924 A1), as applied to claim 1, and further in view of Rogan (US 20190116883 A1). With regard to Claim 3, Fernando teaches all the limitations of the claims as set forth above, however Fernando is silent to: An aerosol cartridge disposed in the housing and configured to accommodate an aerosol generating material An aerosol supply port communicating with the aerosol cartridge and the venturi area Wherein an aerosol from the aerosol cartridge is supplied to the venturi area through the aerosol supply port and transferred to the mouthpiece PNG media_image5.png 219 410 media_image5.png Greyscale Rogan, directed to an aerosol generating device with laser, teaches (i) a split reservoir configuration (Fig. 4A: #48A & 48B) within the housing, each configured to accommodate liquid to be vaporized [0032]. (ii) Each reservoir comprises a separate wick (Fig. 4A: #42A & 42B), wherein the liquid from the reservoir is supplied through a path to the wicks to be heated [0060]. (ii & iii) Liquid from the reservoirs is atomized by the wicks and supplied to a channel to be inhaled through the mouthpiece by a user [0042]. One of ordinary skill in the art would be motivated to modify the cartridge of Fernando to a split configuration, to give a user more flexibility in selecting the amount of liquid released or flavors of liquid [0032] and combining it with the venturi area of Fernando within the airflow passage, further improving vaporization efficiency of the device. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the housing of Fernando to include an aerosol cartridge configured to accommodate an aerosol generating material, an aerosol supply port communicating with the aerosol cartridge and the venturi area, and where an aerosol from the aerosol cartridge is supplied to the venturi area through the aerosol supply port and transferred to the mouthpiece because both Fernando and Rogan are directed to preventing aerosol generating material from burning. Rogan teaches a split reservoir configuration to give a user more flexibility in selecting amount of liquid released or flavors of liquid and improve liquid control [0032] and this merely involves combining configurations for delivering atomized aerosol generating material according to known heating methods to yield predictable results. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Fernando (US 20170360093 A1, as cited in IDS dated 06/27/2023), Zominy (CA 3170421 A1), and Lin (US 2018343924 A1), as applied to claims 1 and 4, and further in view of Emmett (WO 2020115155 A1, cited in IDS dated 06/27/2023). With regard to Claim 5, Fernando teaches wherein the aerosol forming substrate may comprise homogenized plant material [0042] and all the limitations of the claims as set forth above, however modified Fernando is silent to: Wherein the functional material has a form of fine granules or dry powder Emmett, directed to an aerosol generating system, teaches where an aerosol forming substrate may be in the form of powder or granules which may containing homogenized tobacco to produce a more natural taste and appearance (pg. 14, Lines 30-36 & Pg. 15, Line 1). One of ordinary skill in the art would be motivated to modify the form of the aerosol forming substrate of Fernando with the powder or granules of Emmett to provide a stable source of aerosol generation and improve aerosol taste. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the functional material of modified Fernando to have a form of fine granules or dry powder because both Fernando and Emmett are directed to providing stable aerosol forming material with a resistance to burning. Emmett teaches an aerosol forming substrate in the form of powder or granules to produce a more natural taste and appearance (pg. 14, Lines 30-36 & Pg. 15, Line 1) and this merely involves simple substitution of a one known form for aerosol generating material for another to obtain predictable results. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Fernando (US 20170360093 A1, as cited in IDS dated 06/27/2023), Zominy (CA 3170421 A1), Lin (US 2018343924 A1), and Rogan (US 20190116883 A1), as applied to claims 1 and 3, and further in view of Hejazi (US 20190289909 A1, cited in IDS dated 06/27/2023) With regard to Claim 6, Fernando teaches a microprocessor [0038] and all the limitations of the claims as set forth above, however modified Fernando is silent to: A controller configured to open and close the functional material supply port or the aerosol supply port Wherein the controller opens the functional material supply port and closes the aerosol supply port in a functional material supply mode, and opens the functional material supply port and the aerosol supply port in a simultaneous supply mode PNG media_image6.png 614 293 media_image6.png Greyscale Hejazi teaches (i) an airflow controller (Fig. 7: #780) that may be a flap or gate controlled by an actuation device that directs the flow of air through or passed only a desired flavoring module [0100], where the user may also receive aerosol containing only the aerosol precursor with no flavor [0070]. A person of ordinary skill in the art would understand that the airflow controller can be in the form of a flap or gate, where both generally perform the function of opening and closing, and would be motivated to combine it with the supply ports of modified Fernando to control the type of air passed through to the mouthpiece. (ii) Furthermore, the airflow controller can switch through different modules containing different flavorant to allow the user to pick their desired flavoring [0100]. The use of an empty module would allow the user to receive aerosol containing only the aerosol precursor with no flavor [0070]. A person of ordinary skill in the art would find it obvious to modify the airflow controller, whether in the form of a flap or gate, to open one supply port while closing another because flaps and gates are generally used to regulate, redirect, or mix airflow in the art. This modification would perform the same function of allowing selective operation modes in which a flavorant may or may not be added to the aerosol before being delivered to the user, and it would also yield the same results. Additionally, combining the selective operation mode of the controller with the programmable microprocessor of modified Fernando would enhance user control by providing users with the option to receive aerosol with or without flavor received from the mouthpiece [0070]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to combine the airflow controller of Hejazi with the controller of modified Fernando to be configured to open and close the functional material supply port or the aerosol supply port; wherein the controller opens the functional material supply port and closes the aerosol supply port in a functional material supply mode, and opens the functional material supply port and the aerosol supply port in a simultaneous supply mode because both Fernando and Hejazi are directed to providing flavorant in aerosol generating systems. Hejazi teaches an airflow controller that gives users the option to add flavorant to aerosol generated from an aerosol precursor composition before reaching a user and this merely involves combining two controlling mechanisms of Fernando and Hejazi according to known control methods to yield predictable results. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Fernando (US 20170360093 A1, as cited in IDS dated 06/27/2023), and further in view of Rogan (US 20190116883 A1), Zominy (CA 3170421 A1), and Lin (US 2018343924 A1). PNG media_image1.png 592 228 media_image1.png Greyscale PNG media_image2.png 556 279 media_image2.png Greyscale With regard to Claim 7, Fernando, directed to an aerosol generation system, teaches (i) a device comprising a housing (Fig. 1: #12, [0061]) and a mouthpiece (Fig. 1: #50, [0060]). (ii) Air inlets (Fig. 1: #18) are disposed around the circumference of the housing and separated from the mouthpiece (Fig. 1: #50, [0061]). (iii) An airflow passage is formed from the air inlets (Fig. 1: #18) to an air outlet (Fig. 1: #24) in the mouthpiece (Fig. 1:#50, [0071]). The airflow passage extends in a vertical direction upward from the air inlets (Fig. 1: #18) and comprises a restricted cross section that decreases and expands [0010]. As shown in Figure 2, the restricted cross section starts at the narrowing portion (Fig. 2: #40, [0063]) and ends at the divergent portion (Fig. 2: #42, [0065]), meeting the claim limitation of a venturi area. (iv) The device includes a cartridge (Fig. 1: #20), within the housing (Fig. 1: #12), comprising a liquid aerosol forming substrate [0034]. (v) A liquid flow path (Fig. 2: #36), meeting the claim limitation of a functional material supply port, is used to create a path for liquid aerosol-forming substrate between a reservoir within the cartridge (Fig. 1: #20) and a liquid outlet (Fig. 2: #38, [0063-0064]). The liquid outlet (Fig. 2: #38) leads to the divergent portion (Fig. 2: #42), at the end of the venturi area. (vi) A heating element (Fig. 2: #26), part of a heater assembly [0021], is disposed on the spigot (Fig. 2: #32) and divergent portion (Fig. 2: #42), meeting the claim limitation of a heating unit disposed on at least a portion of a perimeter of the venturi area. (vii) The liquid aerosol forming substrate is supplied to the divergent portion (Fig. 2: #42) through the liquid flow path (Fig. 2: #36) and eventually lead to the air outlet (Fig. 1: #24) of the mouthpiece (Fig. 1: #50), after being heated [0081]. Fernando teaches all the limitations of the claims as set forth above, however Fernando is silent to: An aerosol cartridge communicating with the venturi area and configured to accommodate an aerosol generating material Wherein the functional material supply port is disposed between the heating unit and the airflow channel Wherein the heating unit includes a first heater configured to heat the functional material in the functional material supply port prior to the functional material being supplied to the venturi area. PNG media_image5.png 219 410 media_image5.png Greyscale In regards to i., Rogan, directed to an aerosol generating device with laser, teaches a split reservoir configuration (Fig. 4A: #48A & 48B) within the housing, each configured to accommodate liquid to be vaporized [0032]. Liquid from the reservoirs is suppled to wicks to be atomized and supplied to a channel to be inhaled through the mouthpiece by a user [0042]. One of ordinary skill in the art would be motivated to modify the cartridge of Fernando to a split configuration to comprise another form of aerosol generating material, to give a user more flexibility in selecting amount of liquid released or flavors of liquid [0032] and combine it with the venturi area of Fernando within the airflow passage aerosol generating material, further improving vaporization efficiency of the device. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the housing of Fernando to include aerosol cartridge communicating with the venturi area and configured to accommodate an aerosol generating material because both Fernando and Rogan are directed to preventing aerosol generating material from burning. Rogan teaches a split reservoir configuration to give a user more flexibility in selecting amount of liquid released or flavors of liquid and improve liquid control [0032] and this merely involves combining configurations for delivering atomized aerosol generating material according to known heating methods to yield predictable results. PNG media_image3.png 625 589 media_image3.png Greyscale In regards to ii., Zominy, directed to an aerosol generating system, teaches a liquid exit port (Fig. 1A: #46) that is located between a wicking element (Fig. 1: #76) communicating with heating elements (Fig. 1A: #72 & #74) and vapor channels (Fig. 1: #22). The heating elements (Fig. 1A: #72 & #74) transfer heat to the wicking element (Fig. 1A: #76, Pg. 12: Lines 8-12), wherein the wicking element (Fig. 1A: #76) is formed to receive and distribute vaporizable material from the liquid exit port (Fig. 1A: #46, Pg. 8: Lines 21-22) and towards the central vapor pipe (Fig. 1A: #23, Pg. 11, Lines 11-14). One of ordinary skill in the art would have been motivated to modify the path of Fernando to wherein the functional material supply port is arranged between the heating element and airflow channel because the arrangement allows for better control over vaporization before meeting airflow (Pg. 12, Lines 29-Pg. 13, Lines 1-5). Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the functional material supply port to be disposed between the heating unit and the airflow channel because both Fernando and Zominy are directed to aerosol generating devices with specific liquid flow paths for aerosol generation. Zominy teaches a liquid exit port disposed between heating elements and vapor channels to provide better control over vaporization before meeting airflow (Pg. 12, Lines 29-Pg. 13, Lines 1-5) and this merely involves applying a known configuration to a known aerosol generating device ready for improvement to yield predictable results. PNG media_image4.png 417 242 media_image4.png Greyscale In regards to iii., Lin, directed to an electronic cigarette, teaches a liquid conduit (Fig. 2C: #44) responsible for transporting liquid [0037]. An electric heater (Fig. 2C: #41) surrounds the conduit and the liquid in the conduit is heated and atomized [0037]. One of ordinary skill in the art would have found it obvious to modify Fernando to include where the liquid is heated while in the functional material supply port, similar to Lin to control the amount of liquid being atomized at a time and improve the taste of atomized vapor [0010]. In the resulting modification, the functional material is heated while remaining in the functional material supply port, prior to exiting and being supplied to the end of the venturi area of Fernando, meeting the claim limitation of heating the functional material in the functional material supply port prior to the functional material being supplied to the venturi area. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the functional material supply port of modified Fernando to wherein the heating unit includes a first heater configured to heat the functional material in the functional material supply port prior to the functional material being supplied to the venturi area because both Fernando and Lin are directed to liquid transporting means in aerosol generating devices. Lin teaches a liquid conduit that is heated as liquid flows through it to control the amount of liquid being atomized at a time and improve the taste of atomized vapor [0010] and this merely involves applying a known heating technique to a known aerosol generating device, ready for improvement to yield predictable results. Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Fernando (US 20170360093 A1, as cited in IDS dated 06/27/2023), Rogan (US 20190116883 A1), Zominy (CA 3170421 A1), and Lin (US 2018343924 A1), as applied to claim 7 above, and further in view of Hejazi (US 20190289909 A1, cited in IDS dated 06/27/2023). With regard to Claim 8, Fernando teaches a microprocessor [0038] and all the limitations of the claims as set forth above, however modified Fernando is silent to: A controller configured to selectively supply the functional material or the aerosol to the venturi area Wherein the controller opens a functional material supply port and closes an aerosol supply port in a functional material supply mode, and opens the functional material supply port and the aerosol supply port in a simultaneous supply mode PNG media_image6.png 614 293 media_image6.png Greyscale Hejazi teaches (i) an airflow controller (Fig. 7: #780) that may be a flap or gate controlled by an actuation device that directs the flow of air through or passed only a desired flavoring module [0100], where the user may receive aerosol containing flavor or only the aerosol precursor with no flavor [0070], meeting the claim limitation of a controller configured to selectively supply the functional material or the aerosol to the venturi area. (ii) Furthermore, the airflow controller can switch through different modules containing different flavorant to allow the user to pick their desired flavoring [0100]. The use of an empty module would allow the user to receive aerosol containing only the aerosol precursor with no flavor [0070]. A person of ordinary skill in the art would find it obvious to modify the airflow controller, whether in the form of a flap or gate, to open one supply port while closing another because flaps and gates are generally used to regulate, redirect, or mix airflow by performing an opening and closing function in the art. This modification would perform the same function of allowing selective operation modes in which a flavorant may or may not be added to the aerosol before being delivered to the user, and it would yield the same result. Further, combining the selective operation mode of the controller with the programmable controller of modified Fernando would enhance user control by providing users with the option to receive aerosol with or without flavor received from the mouthpiece [0070]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to combine the airflow controller of Hejazi with the controller of modified Fernando to selectively supply the functional material or the aerosol to the venturi area; wherein the controller opens the functional material supply port and closes the aerosol supply port in a functional material supply mode, and opens the functional material supply port and the aerosol supply port in a simultaneous supply mode because both Fernando and Hejazi are directed to providing flavorant in aerosol generating systems, Hejazi teaches an airflow controller that gives users the option to add flavorant to aerosol generated from an aerosol precursor composition before reaching a user and this merely involves combining two controlling mechanisms of Fernando and Hejazi according to known control methods to yield predictable results. With regard to Claim 9, Fernando teaches wherein the aerosol-forming substrate is supplied through an airflow passage, with a venturi effect [0010], to the heating element to be vaporized [0081]. The heating element is part of a heater assembly [0021]. 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 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 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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Prosecution Timeline

Show 4 earlier events
Jan 06, 2026
Response after Non-Final Action
Feb 03, 2026
Request for Continued Examination
Feb 08, 2026
Response after Non-Final Action
Mar 09, 2026
Non-Final Rejection mailed — §103
Jun 04, 2026
Examiner Interview Summary
Jun 04, 2026
Applicant Interview (Telephonic)
Jun 09, 2026
Response Filed
Aug 24, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
27%
Grant Probability
82%
With Interview (+54.2%)
3y 1m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 11 resolved cases by this examiner. Grant probability derived from career allowance rate.

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