Prosecution Insights
Last updated: May 29, 2026
Application No. 18/121,081

CONVECTION AND CONDUCTION HEATER FOR A VAPORIZER

Final Rejection §103
Filed
Mar 14, 2023
Examiner
DIYAN, OLUWATOSIN OLUWATUMININ
Art Unit
1755
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Storz & Bickel GmbH
OA Round
2 (Final)
43%
Grant Probability
Moderate
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 43% of resolved cases
43%
Career Allowance Rate
3 granted / 7 resolved
-22.1% vs TC avg
Strong +80% interview lift
Without
With
+80.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
28 currently pending
Career history
49
Total Applications
across all art units

Statute-Specific Performance

§103
100.0%
+60.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 7 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 1-12, 14-15, and 17-27 are currently pending and are subject to this office action. Claims 1, 14-15, and 17-19 are amended. Claims 24-27 are withdrawn. Claims 13 and 16 are canceled. This office action is in response to Applicant’s amendment filed on 03/04/2026. Response to Amendments Examiner acknowledges Applicant’s response filed on 03/04/2026 containing amendments and remarks to the claims. Response to Arguments Applicant’s arguments, on pages 6-10, filed 03/04/2026, 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 limitations of now canceled claims 13, 16, and limitations that were not previously presented, specifically, “a container positioned adjacent the second end, the container defining a filling chamber configured to retain a substance for heating, the heating exchanger defining at least one airflow path that extends axially through the heat exchanger from the first end to the second end, and a heating element extending around an outer surface of the heat exchanger, wherein the heating element is configured to heat the heat exchanger and the container, and wherein the filling chamber is configured to receive the hot air exiting the air flow path at the second end of the heat exchanger”. However, upon further consideration, a new ground(s) of rejection is made in view of Fuisz (US 20210212382 A1) and Antonopoulos (US 20230043438 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, 2, 3, 4, 5, 7, 8, 22, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Pan (US 20100242974 A1), and further in view of Fuisz (US 20210212382 A1) and Antonopoulos (US 20230043438 A1). PNG media_image1.png 409 427 media_image1.png Greyscale With regard to Claim 1, Pan teaches (i) an atomizer comprising a heat equalizer that extends to a top and bottom end of the device (Fig. 3: #269, [0011]). (ii) The atomizer comprises a liquid container (Fig. 3: #261) with liquid media (Fig. 3: #264) for carrying vaporizable liquid [0012 & 0027]. (iii) The heat equalizer (Fig. 3: #269) converts the liquid from the liquid container (Fig. 3: #261) into a form of vapor mist, which is finally drawn into a mouth of a user [0012], meeting the claim limitation of an airflow path. (iv) A heating wire is wrapped around an outer surface of the heat equalizer [0027]. (v) The heating wire (Fig. 3: #269) heats up the heat equalizer when electric current flows through the wire for vaporization of liquid [0012]. (vi) The heat equalizer receives heat from the heating wire and uses it to heat liquid and generate vapor mist towards a top end of the device for the user to inhale [0012]. (v) A side space for airflow is defined between the border of the liquid container (Fig. 3: #261) and the liquid media (Fig. 3: #264, [0027]), which receives atomized air from the heat equalizer [0012]. One of ordinary skill in the art would understand that since the space receives the air after it has passed through the heat exchanger airflow path, the airflow path would leave the heat exchanger after passing from a first end to a second end of the component. Pan teaches all the limitations of the claims as set forth above, however Pan is silent to: The container positioned adjacent the second end The air flow path extending axially through the heat exchanger from the first end to second end Wherein the heating element is configured to heat the container Wherein the heat exchanger is configured to transfer heat from the heating element to air flowing through the air flow path from the first end to the second end PNG media_image2.png 419 266 media_image2.png Greyscale In regards to i.., Fuisz, directed to a heater for a vaporizer device, teaches (i) a tunnel (Fig. 1: #2) for receiving a tobacco stick [0113], relating to the container of the claimed invention, positioned adjacent to a top end of a heat exchanger (Fig. 1: #1) to improve heating efficiency of the device and simplify design [0068]. (ii) Fuisz further teaches wherein the heat exchanger (Fig. 1: #1) includes channels for air circulation and preheated air by the air heater (Fig. 1: #4, [0113]). The heat exchanger is formed from a material with a resistive heating layer, such that the heating element is applied to the heat exchanger structure [0114], enabling heat transfer between the heater and heat exchanger. 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 heat exchanger of modified Pan to wherein the container is positioned adjacent the second end because both Pan and Fuisz are directed to improving a user smoking experience by producing strong heat transfer properties. Fuisz teaches a tunnel adjacent to a top end of a heat exchanger to improve heating efficiency of the device and simplify design [0068] and this merely involves applying a known heating technique to a known heat exchanger ready for improvement to yield predictable results. PNG media_image3.png 435 375 media_image3.png Greyscale In regards to ii., iii., iv., Antonopoulos, directed to an apparatus for heating, teaches (ii) a heat exchange element (Fig. 3: #155) with an airflow path (Fig. 3: “A”) that extends axially through the heat exchange element (Fig. 3: #155) from a bottom end to a top end, as shown in Figure 3. (iii) The device further comprises a heating element (Fig. 3: #160). The heating element (Fig. 3: #160) may transfer heat to a cartridge (Fig. 3: #200) for heating an aerosol-forming substrate within the cartridge [0051]. (iv) The heat exchange element (Fig. 3: #155) heats air flowing through the air inlet channel (Fig. 3: #170, [0118], after receiving heat from heated aerosol in the conduit [0116 &0119], where the aerosol was heated by the heating element [0113]. One of ordinary skill in art would understand that the heat transferred to the air originates from the heating element and indirectly heats the heat exchange element and would have been motivated to modify Pan in order to improve heat transfer efficiency [0079] and energy efficiency [0116]. 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 container of modified Pan to wherein the heat exchanger defines an air flow path that extends axially through the heat exchanger from the first end to second end, wherein the heating element is configured to heat the container, and wherein the heat exchanger is configured to transfer heat from the heating element to air flowing through the air flow path from the first end to the second end because both Pan and Antonopoulos are directed to improving heating efficiency using heat transfer. Antonopoulos teaches airflow that moves axially through a heat exchange element to be heated and a heating element that heats a receptacle to improve heat transfer efficiency [0079 and energy efficiency [0116] and this merely involves applying a known heat transfer technique to a known aerosol generating device ready for improvement to yield predictable results. With regard to Claim 2, Pan teaches a heating wire twined on the outside of the heat equalizer [0028]. PNG media_image1.png 409 427 media_image1.png Greyscale With regard to Claim 3, Pan teaches wherein (i) an outer body of the heat equalizer is supported by a supporting piece made out of plastic material (Fig. 3: #268, [0028]), where one of ordinary skill in the art would know that plastic is a non-conductive material. (ii) The twined electric heating wire (Fig. 3: #256) engages with small holes of the supporting piece (Fig. 3: #268, [0028]). One of ordinary skill in the art would understand that a heating wire being twined would change the direction of the wire at every turn, and therefore, the point at which the wire engages with the supporting piece would have a changing direction. With regard to Claim 4, Pan teaches wherein (i) the electric heating wire comprises two ends [0028]. (ii) Each end of the electric heating wire goes through small holes of the supporting piece and connect to an electric connector to supply heat for atomization [0028]. The wire is twined on the heat equalizer [0028]. Although not shown, one of ordinary skill in the art would understand that heating wires in the art are generally wound around the whole length of a component. Therefore, the heating wire is twined from the beginning of the heat equalizer, where the equalizer receives liquid from the liquid container, and at a second end of the wire towards the end of the heat equalizer, where the equalizer forms a vapor mist [0012]. With regard to Claim 5, Pan teaches wherein the supporting piece, comprising small holes that engage with the heating wire, can be made of ceramic material [0028]. With regard to Claim 7, Pan teaches (i) wherein a heat equalizer is twined with electric heating wire [0027]. One of ordinary skill in the art would find it obvious that twined means that the electric heating wire is wrapped in a spiral or coil around the heat equalizer. Each loop of the wire meets the claim limitation of rings wrapped around the outside of the heat equalizer (ii) The two ends of the electric heating wire are connected to a second electric connector [0028]. With regard to Claim 8, Pan teaches wherein the electric heating wire with two ends is twined on the heat equalizer [0028]. One of ordinary skill in the art would understand that heating wires in the art are generally wound around the whole length of a component. Therefore, the heating wire is twined from a first end of the wire at the beginning of the heat equalizer, where the equalizer receives liquid from the liquid container, and at a second end of the wire towards the end of the heat equalizer, where the equalizer forms a vapor mist [0012]. With regard to Claim 22, Pan teaches a heating wire twined on the outside of a heat equalizer [0028]. With regard to Claim 23, Pan teaches an (i) electric airflow sensor that detects airflow resulting from the puffing action of a user [0025]. (ii) A single chip micyoco is connected to the sensor and is configured to receive a signal from the sensor when airflow is detected [0025]. Claims 6, 11, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Pan (US 20100242974 A1), Fuisz (US 20210212382 A1), Antonopoulos (US 20230043438 A1), as applied to claims 1 and 2 above, and further in view of Alston (US 20200146352 A1, as cited in IDS dated 02/15/2024). With regard to Claim 6, Pan teaches a CPU processor [0026] and all the limitations of the claims as set forth above, however Pan is silent to: A microcontroller configured to monitor a resistance of the resistance wire The microcontroller configured to determine when air is flowing through the air flow path based on changes in the resistance Alston, directed to a vaporizer device, teaches (i) a circuit that can be configured to measure a resistance of a heating element [0114], wherein the heating element is a nonlinear positive temperature coefficient of resistance material [0112]. (ii) The circuit determine a temperature of the heating element based on a thermal coefficient of resistivity of the heating element [0114]. One of ordinary skill in the art would know that airflow directly changes the resistance of the heating element with a known temperature coefficient. Therefore, before the effective filing date of the claimed invention, it would have been obvious to modify the processor of Pan to be configured to monitor a resistance of the resistance wire and determine when air is flowing through the air flow path based on changes in the resistance because both Pan and Alston are directed to controlling temperatures used to heat substances in aerosol generating devices. Alston teaches a circuit configured to measure resistance based on a thermal coefficient of resistivity to improve the efficiency and quality of heating of the vaporizable material [0068] and this merely involves applying a known configuration to a known microcontroller of an aerosol generating device ready for improvement to yield predictable results. With regard to Claim 11, modified Pan teaches all the limitations of the claims as set forth above, however modified Pan is silent to: Wherein an outer surface of the heat exchanger has an electrical resistivity of at least 400 Ω*cm Alston teaches wherein a PTCR heating element comprising a heat exchanger [0132] may have an electrical resistivity between 10 Ω*cm and 400 Ω*cm at different temperatures [0160] to provide stable and controlled heating in the device [0157], having a significant amount of overlap in the range of the claimed invention and is therefore considered prima facie obvious. Additionally, Alston teaches resistivities greater than 400 Ω*cm [0160]. Therefore, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to modify the outer surface of the heat exchanger of Pan to have an electrical resistivity of at least 400 Ω*cm because both Pan and Alston are directed to controlling temperatures used to heat substances in aerosol generating devices. Alston teaches an electrical resistivity to provide stable and controlled heating in the device [0157] and this merely involves applying a known resistivity value to a known heat exchanger ready for improvement to yield predictable results. PNG media_image1.png 409 427 media_image1.png Greyscale With regard to Claim 17, Pan teaches wherein the liquid container may include the heat equalizer [0011]. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Pan (US 20100242974 A1), Fuisz (US 20210212382 A1), and Antonopoulos (US 20230043438 A1), as applied to claim 1 above, and further in view of Bogershausen (US 20220333818 A1). With regard to Claim 9, Pan teaches wherein the electric heating wire is twined around the outer body heat equalizer [0028] and all the limitations of the claims as set forth above, however modified Pan is silent to: Wherein the air flow path through the heat exchanger comprises a plurality of channels extending through the heat exchanger from the first end to the second end Wherein a portion of the heat exchanger is positioned between the heating element and each of the channels PNG media_image4.png 561 473 media_image4.png Greyscale Bogershausen, directed to a heat exchanger with a thick film resistor, teaches (i) a heat exchanger that may be used to heat air [0045]. The heat exchanger comprises at least two tube bodies as a flow path that extends along a direction (Fig. 2: #6) between a top and bottom end of the heat exchanger (Fig. 2: #1, [0048]). (ii) A thick film resistor (Fig. 2: #11) is applied on the outer surface of the of the tube bodies (Fig. 2: #3, [0049]) to improve heating efficiency and uniformity of the heat produced by the device [0040 – 0041]. 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 heat exchanger of modified Pan to wherein the air flow path through the heat exchanger comprises a plurality of channels extending through the heat exchanger from the first end to the second end and wherein a portion of the heat exchanger is positioned between the heating element and each of the channels because both Pan and Bogershausen are directed to increased heating efficiency using resistive materials. Bogershausen teaches a heat exchanger with multiple flow paths and located between a resistor and the flow paths to improve heating efficiency and uniformity of the heat produced by the device [0040 – 0041] and this merely involves combining prior art elements according to known flow techniques to yield predictable results. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Pan (US 20100242974 A1), Fuisz (US 20210212382 A1), and Antonopoulos (US 20230043438 A1), as applied to claim 1 above, and further in view of Koide (WO 2022230866 A1, hereinafter citations referring to English language equivalent US 20240074483 A1). With regard to Claim 10, modified Pan teaches all the limitations of the claims as set forth above, however modified Pan is silent to: Wherein the heat exchanger has a thermal conductivity that is equal to or greater than 30 W/m*K Koide, directed to a non-combustion heating type flavor inhalation system, teaches wherein the material of a high heat transfer portion has a thermal conductivity equal to or higher than 50 W/m/°C to improve heating efficiency and increase the amount of smoke produced [0388]. 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 heat exchanger of modified Pan to have a thermal conductivity that is equal to or greater than 30 W/m*K because both Pan and Koide are directed to providing efficient heat transfer to improve smoke quality. Koide teaches a thermal conductivity equal to or higher than 50 W/m/°C to improve heating efficiency and increase the amount of smoke produced [0388] and this merely involves applying a known measurement to a known heat transfer component ready for improvement to yield predictable results. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Pan (US 20100242974 A1), Fuisz (US 20210212382 A1), and Antonopoulos (US 20230043438 A1), as applied to claim 1 above, and further in view of Luo (CN 113208191 A, hereinafter citations referring to English Machine Translation). With regard to Claim 12, modified Pan teaches all the limitations of the claims as set forth above, however modified Pan is silent to: Wherein an outer surface of the heat exchanger comprises at least one of anodized aluminum or ceramic Luo, directed to an electronic cigarette atomizing core teaches a ceramic heat exchanger for improving uniform atomization and reducing harm to the user [0069]. 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 outer surface of the heat exchanger of modified Pan to comprise at least one of anodized aluminum or ceramic because both Pan and Luo are directed to transferring electrical energy to heat liquid to promote uniform atomization. Luo teaches a ceramic heat exchanger for improving uniform atomization and reducing harm to the user [0069] and this merely involves applying a known material to a known heat exchanger ready for improvement to yield predictable results. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Pan (US 20100242974 A1), Fuisz (US 20210212382 A1), and Antonopoulos (US 20230043438 A1), as applied to claim 1 above, and further in view of Ou (US 20210219607 A1). With regard to Claim 14, modified Pan teaches all the limitations of the claims as set forth above, however modified Pan is silent to: Wherein the housing defines an outlet through which the filling chamber is accessible PNG media_image5.png 665 380 media_image5.png Greyscale Ou, directed to an atomizer and electronic cigarette, teaches wherein a user can refill a liquid storage cavity (Fig. 2: #10) through a liquid injection hole (Fig. 2: #150) on the side of the cavity housing [0069]) to lower chances of liquid waste and lower costs [0004]. 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 modified Pan to define an outlet through which the filling chamber is accessible because both Pan and Ou are directed to solving the problem of liquid leakage and lowering costs in aerosol generating devices. Ou teaches a refillable liquid storage cavity through a liquid injection hole to lower chances of liquid waste and lower costs [0004] and this merely involves applying a known hole to a housing of a known aerosol generating device ready for improvement to yield predictable results. Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Pan (US 20100242974 A1), Fuisz (US 20210212382 A1), and Antonopoulos (US 20230043438 A1), as applied to claim 1 above, and further in view of Cameron (US 9770055 B2, as cited in IDS dated 02/15/2024). With regard to Claim 15, modified Pan teaches all the limitations of the claims as set forth above, however modified Pan is silent to: A temperature sensor positioned adjacent the filing chamber PNG media_image6.png 566 421 media_image6.png Greyscale Cameron, directed to an electronic vapor device, teaches a temperature sensor (Fig. 15: #1518) positioned adjacent to a container (Fig. 15: #1522) comprising vaporizable material (Fig. 15: #1530) to control the vaporization rate of the device [142]. 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 assembly of Pan to comprise a temperature sensor positioned adjacent the filing chamber because both Pan and Cameron are directed to improving vaporization efficiency of vaporizable material. Cameron teaches a temperature sensor adjacent to a container full of vaporizable material to control the vaporization rate of the device [142] and this merely involves applying a known sensor component to a known heating assembly ready for improvement to yield predictable results. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Pan (US 20100242974 A1), Fuisz (US 20210212382 A1), and Antonopoulos (US 20230043438 A1), as applied to claims 1 above, and further in view of Harrison (CA 3013398 A1). With regard to Claim 18, modified Pan teaches all the limitations of the claims as set forth above, however modified Pan is silent to: Wherein the heat exchanger is configured to conductively heat the container PNG media_image7.png 322 488 media_image7.png Greyscale Harrison, directed to vapor delivery systems, teaches a heat exchanger that conductively heats material to be vaporized (Pg. 9, Lines 15-16) to bring it to a cool temperature for user comfort (Pg. 9, lines 10-13), wherein the material is contained within a vaporization chamber. One of ordinary skill in the art would understand that conductive heating of the material would also involve conductive heat transfer of the chamber structure since the heat exchanger is positioned outside of the vaporization chamber, as seen in Figure 11. 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 heat exchanger of modified Pan to be configured to conductively heat the container because both Pan and Harrison are directed to improving a user smoking experience with heat transfer properties. Harrison teaches a chamber configured to be conductively heating by a heat exchanger to bring generated aerosol to a cool temperature for user comfort (Pg. 9, lines 10-13) and this merely involves applying a known heating technique to a known heat exchanger ready for improvement to yield predictable results. Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Pan (US 20100242974 A1), Fuisz (US 20210212382 A1), and Antonopoulos (US 20230043438 A1), as applied to claim 1, and further in view of Woodcock (US 20210307386 A1). With regard to Claim 19, modified Pan teaches all the limitations of the claims as set forth above, however modified Pan is silent to: A second heating element that extends around at least a portion of the filling chamber The second heating element configured to conductively heat the container PNG media_image8.png 186 464 media_image8.png Greyscale Woodcock, directed to a device for generating an inhalable medium, teaches (i) a second heater (Fig. 2: #215) that may be wire, surrounding the chamber (Fig. 2: #231a, #231b, [0078]). (ii) The second heater may be an electrically conductive element configured to heat the chambers (Fig. 2: #213a, #231b) comprising tobacco composition (Fig. 2: #214a, #241b, [0078-0080]). 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 assembly of modified Pan to comprise a second heating element that extends around at least a portion of the filling chamber, configured to conductively heat the container because both Pan and Woodcock are directed to uniform atomization and delivery of a substrate. Woodcock teaches a second heating element around a chamber for vaporization to provide more consistent nicotine deliver [0027] and this merely involves the user of a known second heater technique to improve similar devices in the same way. With regard to Claim 20, modified Pan teaches all the limitations of the claims as set forth above, however modified Pan is silent to: Wherein the second heating element comprises at least one of a heater that is wrapped around at least a portion of the outer surface of the container, a ceramic heater, a resistance wire embedded in ceramic, a positive temperature coefficient heater, a negative temperature coefficient heater, a film printer conductor on the outer surface of the container, or a conductive material that is joined to the outer surface of the container PNG media_image8.png 186 464 media_image8.png Greyscale Woodcock, directed to a device for generating an inhalable medium, teaches a second heater (Fig. 2: #215) that may be an electrically resistive heater or ceramic heater [0078], surrounding the chamber (Fig. 2: #231a, #231b, [0078]). 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 assembly of modified Pan to comprise wherein the second heating element comprises at least one of a heater that is wrapped around at least a portion of the outer surface of the container, a ceramic heater, a resistance wire embedded in ceramic, a positive temperature coefficient heater, a negative temperature coefficient heater, a film printer conductor on the outer surface of the container, or a conductive material that is joined to the outer surface of the container because both Pan and Woodcock are directed to uniform atomization and delivery of a substrate. Woodcock teaches a second heating element that may be an electrically resistive heater or ceramic heater to provide more consistent nicotine deliver [0027] and this merely involves the user of a known second heater technique to improve similar devices in the same way. Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Pan (US 20100242974 A1), Fuisz (US 20210212382 A1), and Antonopoulos (US 20230043438 A1), as applied to claim 1 above, and further in view of Zouev (US 20220151290 A1). With regard to Claim 21, modified Pan teaches all the limitations of the claims as set forth above, however modified Pan is silent to: Wherein the heat exchanger is formed from two or more separate components that are joined together PNG media_image9.png 516 463 media_image9.png Greyscale Zouev, directed to a hookah device, teaches a heat exchanger with an upper portion (Fig. 4: #18) and a lower portion (Fig. 4: #20, [0049]) fastened together by one or more bolts (Fig. 4: #22, [0049]) to provide a controlled and efficient way to heat aerosol generating material [0038]. 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 heat exchanger of modified Pan to be formed from two or more separate components that are joined together because both Pan and Zouev are directed to avoid reaching temperatures harmful for the user. Zouev teaches a heat exchanger formed from two separate components to provide a controlled and efficient way to heat aerosol generating material [0038] and this merely involves applying a known heat exchanger separation technique to a known heat exchanger ready for improvement to yield predictable results. 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

Mar 14, 2023
Application Filed
Dec 05, 2025
Non-Final Rejection mailed — §103
Mar 04, 2026
Response Filed
Apr 21, 2026
Final Rejection mailed — §103 (current)

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Study what changed to get past this examiner. Based on 4 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
43%
Grant Probability
99%
With Interview (+80.0%)
3y 1m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 7 resolved cases by this examiner. Grant probability derived from career allowance rate.

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