Prosecution Insights
Last updated: August 09, 2026
Application No. 18/245,302

AEROSOL PROVISION SYSTEM

Final Rejection §103
Filed
Mar 14, 2023
Priority
Sep 22, 2020 — GB 2014903.5 +4 more
Examiner
NGUYEN, PHU HOANG
Art Unit
1747
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Nicoventures Trading Limited
OA Round
2 (Final)
66%
Grant Probability
Favorable
3-4
OA Rounds
5m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
462 granted / 704 resolved
+0.6% vs TC avg
Strong +19% interview lift
Without
With
+19.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
53 currently pending
Career history
761
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
52.9%
+12.9% vs TC avg
§102
12.4%
-27.6% vs TC avg
§112
19.9%
-20.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 704 resolved cases

Office Action

§103
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 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) 1-4, 7-11, 14-20, 29-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peleg et al. (U.S Pub. No. 20140014126) in view of Minskoff et al. (U.S Pub. No. 20160021930). Regarding claim 1, Peleg discloses an aerosol provision system comprising: a reservoir for aerosolisable material (110, fig. 2b); a vaporizer (by 201, fig. 2b) for vaporizing aerosolizable material from the reservoir; a sensor system (206, fig. 2b), separate from the vaporizer, for detecting the temperature of the vaporizer, wherein the sensor system comprises a first resistor [0033]. Peleg discloses they system further comprising a wick configured to receive the aerosolisable material from the reservoir, wherein the vaporizer is configured to vaporize the aerosolizable material received in the wick (fig. 2b) Peleg further discloses the sensor system comprises a second resistor connected in series with the first resistor (fig. 7). In the event that the first resistor, (206, fig. 2b) from the sensor system which is connected an external surface of the wick, is considered for not being located on an external surface of the wick. Minskoff discloses temperature sensor (RTD) can be arranged to be on the outer surface of a wick in an aerosol provision system [0162 and fig. 48). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to arrange the first resistor of the sensor system of Peleg on the outer surface of the wick as taught by Minskoff. Regarding claim 2, Peleg discloses the sensor system is configured to measure a voltage drop across the first resistor [0033]. Regarding claim 3, Peleg discloses the sensor system is configured to determine the temperature of the vaporizer based on the voltage drop across the first resistor [0033]. Regarding claim 4, Peleg discloses the first resistor is located proximate to the vaporizer [0033]. Regarding claim 7, Peleg discloses the sensor system is further configured to measure a voltage drop across the second resistor (fig. 7). Regarding claim 8, Peleg discloses the second resistor is located proximate to the vaporizer (fig. 7). Regarding claim 9, Peleg discloses the first resistor is located closer to the vaporizer than the second resistor is located to the vaporizer (fig. 7). Regarding claim 10, Peleg discloses the sensor system is configured to determine the temperature of the vaporizer based on the measured voltage drop across the first resistor in combination with the measured voltage drop across the second resistor [0055]. Regarding claim 11, Peleg discloses the system further comprising a first power supply configured to provide electrical power to the vaporizer [0055]. Regarding claim 14, Peleg discloses the system further comprising control circuitry configured to adjust the amount of power provided by the first power supply to the vaporizer [0018]. Regarding claim 15, Peleg discloses the control circuitry comprises a portion of the sensor system (fig. 1). Regarding claim 16, Peleg discloses the sensor system is configured to provide an output signal containing data related to the temperature of the vaporizer, wherein the control circuitry is configured to: process the data from the output signal; and generate, in response to processing the data from the output signal, a first control signal for controlling the operation of the first power supply [0018]. Regarding claim 17, Peleg discloses the first control signal comprises a command to vary the amount of power provided by the first power supply to the vaporizer [0018]. Regarding claim 18, Peleg discloses the first control signal comprises a command to stop providing power to the vaporizer from the first power supply [0018]. Regarding claim 19, Peleg discloses a second power supply for providing electrical power to the sensor system [0018, fig. 2b]. Regarding claim 20, Peleg discloses the second power supply is independent of the first power supply [0018 and 0033]. Regarding claim 23, in addition to features discussed above for claim 19, Peleg discloses the system further comprising a control circuitry configured to process data related to the temperature of the vaporizer and generate a signal comprises a command to stop providing power to the vaporizer from the first power supply (Abstract). Peleg discloses the system further comprising a second power supply for providing electrical power to the sensor system and wherein the control circuitry is further configured to generate a second control signal comprises a command to stop providing power to the sensor system from the second power supply [Abstract, 0018 and 0033]. Regarding claim 29, Peleg discloses the system further comprising a cartridge and a control unit; wherein the reservoir, the vaporizer, and the first resistor, are located in the cartridge; wherein the control unit comprises a cartridge receiving section that includes an interface arranged to cooperatively engage with the cartridge so as to releasably couple the cartridge to the control unit [0018]. Regarding claim 30, Peleg discloses the system further comprising a first power supply configured to provide electrical power to the vaporizer, and wherein the control unit comprises the first power supply [0018]. Regarding claim 31, Peleg discloses the system further comprising a second power supply for providing electrical power to the sensor system and wherein the control unit comprises the second power supply [0018]. Response to Arguments Applicant’s arguments filed 12/31/2025 have been considered but are moot in view of the new ground of rejection. 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 PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 5712703882. 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. /PHU H NGUYEN/Examiner, Art Unit 1747
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Prosecution Timeline

Mar 14, 2023
Application Filed
Oct 01, 2025
Non-Final Rejection mailed — §103
Dec 31, 2025
Response Filed
May 05, 2026
Final Rejection mailed — §103
Jul 22, 2026
Interview Requested
Jul 29, 2026
Applicant Interview (Telephonic)
Jul 30, 2026
Examiner Interview Summary

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12690606
TOBACCO-CONTAINING SMOKING ARTICLE
2y 4m to grant Granted Jul 28, 2026
Patent 12677868
SMOKING ARTICLE
1y 10m to grant Granted Jul 14, 2026
Patent 12660845
APPARATUS AND METHOD FOR FILLING SMOKING CONES
3y 1m to grant Granted Jun 23, 2026
Patent 12653969
LEAK-RESISTANT VAPORIZER DEVICE
2y 0m to grant Granted Jun 16, 2026
Patent 12648590
HARM-REDUCING CIGARETTE FILTER, PREPARATION METHOND AND APPLICATION THEREOF
2y 9m to grant Granted Jun 09, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
66%
Grant Probability
85%
With Interview (+19.2%)
3y 10m (~5m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 704 resolved cases by this examiner. Grant probability derived from career allowance rate.

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