Prosecution Insights
Last updated: October 01, 2026
Application No. 18/033,678

Aerosol Generation Device Power System

Non-Final OA §103
Filed
Apr 25, 2023
Priority
Oct 26, 2020 — EU 20203969.9 +1 more
Examiner
SZEWCZYK, CYNTHIA
Art Unit
1741
Tech Center
1700 — Chemical & Materials Engineering
Assignee
JT International S.A.
OA Round
2 (Non-Final)
74%
Grant Probability
Favorable
2-3
OA Rounds
0m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
708 granted / 961 resolved
+8.7% vs TC avg
Moderate +10% lift
Without
With
+10.1%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
25 currently pending
Career history
989
Total Applications
across all art units

Statute-Specific Performance

§101
1.2%
-38.8% vs TC avg
§103
50.9%
+10.9% vs TC avg
§102
22.8%
-17.2% vs TC avg
§112
19.7%
-20.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 961 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 . Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim(s) 1-6, 9-12, 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over FERNANDO (US 2020/0305513) in view of SUR et al. (US 2018/0140013). Fernando teaches an aerosol generation device comprising a power system (figure 1) comprising a first module comprising a hybrid capacitor (126, para. 0006) and a second module comprising a voltage source (106, para. 0060); and a controller (figure 2, para. 0017-0018), wherein the controller is configured to control a power flow of the first module to power a heater associated with the aerosol generation device (para. 0018); and control a power flow of the second module to charge the first supercapacitor module (para. 0017). Fernando teaches that the hybrid capacitor of the first module is preferably a lithium ion capacitor (para. 0007), wherein Sur teaches that a lithium ion capacitor is a type of supercapacitor (para. 0088); therefore, the first module of Fernando reads on the claimed first supercapacitor module. Fernando teaches the second module comprising a voltage source is a rechargeable lithium ion battery (para. 0060). Sur teaches an aerosol generation device comprising a power system (figure 5) comprising a first module comprising a supercapacitor (SC in figure 5) and a second module comprising a voltage source (400 in figure 5); and a controller (para. 0015). Sur teaches that the voltage source is a rechargeable lithium ion battery or a rechargeable supercapacitor (para. 0047). It would have been obvious to one of ordinary skill in the art to substitute the rechargeable lithium ion battery in the second module of Fernando with a rechargeable supercapacitor because Sur teaches that they are known equivalents for providing a voltage source (para. 0047). Regarding claim 2, Fernando the aerosol generation device comprises an electrical connection (137 in figure 2) for a charging component comprising a battery module (138), and wherein the power system does not comprise a battery (see discussion of claim 1 above). Regarding claim 3, Fernando as modified by Sur above teaches the first supercapacitor module comprises at least one supercapacitor (see discussion of claim 1 above). Regarding claim 4, figure 2 of Fernando shows the first supercapacitor module (126) and second supercapacitor module (106) are connected in parallel, and Fernando teaches the power system further comprises a second switching means (133) configured to be arranged between the first supercapacitor module and the heater, wherein the second switching means is configured to be controlled by the controller to control a power flow from the first supercapacitor module to the heater (para. 0097). Regarding claim 5, Fernando teaches the power flow of the first supercapacitor module is a pulse width modulated power flow comprising one or more pulse width modulation cycles each having an on period and an off period (para. 0036); and wherein the controller is further configured to: control the power flow of the second supercapacitor module to charge the first supercapacitor module during the pulse width modulation cycle off period (para. 0037). Regarding claim 6, Fernando teaches controlling the first supercapacitor module to apply the pulse width modulated power flow to the heater with a first duty cycle regime to maintain the heater substantially at an aerosol generation temperature (para. 0081), which reads on operating in a float mode. Regarding claim 9, Fernando teaches the controller is configured to: disable the power flow to the heater following the float mode for a remaining time period in the aerosolization session (para. 0036, 0038) and control the second energy storage module to charge the first energy storage module (para. 0017). Regarding claim 10, figure 1 of Fernando shows the aerosol generation device charging component is a charging case configured to accommodate the aerosol generation device, and to charge the second supercapacitor module when connected to the aerosol generation device. Regarding claim 11, figure 2 of Fernando shows the aerosol generation device charging component comprises a battery module (138) configured to provide charge to the power system of the aerosol generation device. Regarding claim 12, figure 1 of Fernando shows a system comprising the aerosol generation device and the aerosol generation device charging component connectable to the aerosol generation device, wherein the aerosol generation device charging component is a charging case configured to accommodate the aerosol generation device, and to charge the second supercapacitor module when connected to the aerosol generation device. Regarding claim 15, Fernando teaches that the first supercapacitor module may hold sufficient charge to enable the one or more hybrid capacitors of the device to be charged 2, 3, 4, 5, 6 or 7 times (para. 0060) which indicates that the second supercapacitor module has a lower power capability than a power capability of the first supercapacitor module. Regarding claim 16, Fernando teaches the voltage of a hybrid capacitor varies linearly with the charge stored in the one or more hybrid capacitors and that the voltage of a hybrid capacitor decreases as the charge of the hybrid capacitor decreases (para. 0037); therefore, it would have been obvious to one of ordinary skill in the art that the at least one hybrid supercapacitor would have a higher operating voltage than an operating voltage of either of the first and second supercapacitors. Regarding claim 17, Sur teaches a DC/DC converter (504) arranged between the first supercapacitor module (SC) and the second supercapacitor module (400), wherein the DC/DC converter is configured to step up a voltage of the second supercapacitor module to charge the first supercapacitor module from the first supercapacitor module (para. 0089). It would have been obvious to one of ordinary skill in the art to include a DC/DC converter into the aerosol generation device of Fernando because Sur teaches that this can give higher constant wattage (para. 0089). Regarding claim 18, Fernando teaches the first supercapacitor module comprises at least a first supercapacitor and a second supercapacitor connected in series (para. 0014). Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over FERNANDO (US 2020/0305513) in view of SUR et al. (US 2018/0140013) as applied to claim 5 above, and further in view of LEE (US 2020/0329776). Fernando as modified by Sur teaches an aerosol generation device comprising a power system comprising a first supercapacitor module (126) and a second supercapacitor module (106); and a controller (figure 2, para. 0017-0018), wherein the controller is configured to control a power flow of the first module to power a heater associated with the aerosol generation device (para. 0018); and control a power flow of the second module to charge the first supercapacitor module (para. 0017). Lee teaches an aerosol generation device comprising a power system (11) and a controller (12) having a pulse width modulator (para. 0126-0127). Lee teaches the power system is operable in a pre-heating mode, wherein in the pre-heating mode the controller is configured to control the first supercapacitor module to apply the pulse width modulated power flow to the heater with a second duty cycle regime, different to the first duty cycle regime, during the pre-heating mode before the float mode to heat the heater to the aerosol generation temperature (para. 0105). It would have been obvious to one of ordinary skill in the art to operate the power system of modified Fernando in a pre-heating mode because Fernando teaches the power flow of the first supercapacitor module is a pulse width modulated power flow (para. 0036-0037) and Lee also teaches a pulse width modulated power flow (para. 0126-0127). Regarding claim 8, figures 8A-8C of Lee show the first duty cycle regime comprises one or more pulse width modulation cycles with a first duty cycle ratio D1; wherein the second duty cycle regime comprises one or more pulse width modulation cycles with a second duty cycle ratio D2; wherein D2 = D1 x K, where K is a coefficient that is ≥1 (Lee para. 0105). Regarding claim 9, Lee teaches the power system is operable in a post-float mode, wherein in the post-float mode the controller is configured to: disable the power flow to the heater following the float mode for a remaining time period in the aerosolization session (para. 0151). Bailey teaches the controller is configured to control the second energy storage module to charge the first energy storage module para. 0029 “A super capacitor auto balancing”). Response to Arguments Applicant’s arguments with respect to claim(s) April 30, 2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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

Apr 25, 2023
Application Filed
Feb 05, 2026
Non-Final Rejection mailed — §103
Apr 30, 2026
Response Filed
Sep 10, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
74%
Grant Probability
84%
With Interview (+10.1%)
2y 11m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 961 resolved cases by this examiner. Grant probability derived from career allowance rate.

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