Prosecution Insights
Last updated: July 17, 2026
Application No. 18/258,252

AN AEROSOL-GENERATING SYSTEM COMPRISING A TRANSDUCER

Final Rejection §102
Filed
Jun 19, 2023
Priority
Dec 23, 2020 — AR AM20200098 +1 more
Examiner
LEE, CHEE-CHONG
Art Unit
3752
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Philip Morris International Inc.
OA Round
2 (Final)
64%
Grant Probability
Moderate
3-4
OA Rounds
4m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 64% of resolved cases
64%
Career Allowance Rate
500 granted / 780 resolved
-5.9% vs TC avg
Strong +53% interview lift
Without
With
+53.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
60 currently pending
Career history
855
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
68.8%
+28.8% vs TC avg
§102
20.1%
-19.9% vs TC avg
§112
10.2%
-29.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 780 resolved cases

Office Action

§102
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 . Response to Amendment The response filed on May 1, 2026 is acknowledged. Four pages of drawings were received on May 1, 2026. The drawings are acceptable to correct the obvious scrivener’s errors in the original disclosure. Claim Rejections - 35 USC § 102 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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) 19-24, 28-30 and 33-36 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by 刘建福 Liu et al. (WO2018113669. Liu hereinafter. See attached English translation by Google Patents). With respect to claim 19, Liu discloses an aerosol-generating system (Figs. 1-20), comprising: an aerosol-generator housing (201, 2015, 2026, 2024); and a piezoelectric transducer (205, 2012, 2010, 2013) having an elliptical shape (page 3, tenth paragraph) and comprising a first region (205) and a second region (2012), wherein the second region is electrically isolated from the first region (via 2019), wherein the piezoelectric transducer is secured to the aerosol-generator housing at a single attachment point (sleeved in or wrapped by 2018 and 2019) positioned only within the first region. With respect to claim 20, Liu discloses the aerosol-generating system according to claim 19, wherein the attachment point is positioned at (near) a centre of the piezoelectric transducer. With respect to claim 21, Liu discloses the aerosol-generating system according to claim 19, wherein the second region extends between the first region and an (top) edge of the piezoelectric transducer (2013). With respect to claim 22, Liu discloses the aerosol-generating system according to claim 19, wherein the piezoelectric transducer further comprises a first (annular) groove (occupied by 2011) in a (lower) surface of the piezoelectric transducer (205) and an electrically insulating material (2011) positioned within the first groove, and wherein the first groove defines a (separation) boundary between the first region and the second region. With respect to claim 24, Liu discloses wherein the piezoelectric transducer further comprises a first layer of piezoelectric material (of 205) and a second layer of piezoelectric material (of 2012), and wherein the first layer overlies (on top of) the second layer. With respect to claim 28, Liu discloses wherein a (bottom) surface of the first layer of piezoelectric material forms a first surface of the piezoelectric transducer, wherein a (top) surface of the second layer of piezoelectric material forms a second surface of the piezoelectric transducer opposite (faxing) the first surface, and wherein the first layer of piezoelectric material (indirectly) contacts the second layer of piezoelectric material at an interface (via 2019, 2011, 2012) between the first layer of piezoelectric material and the second layer of piezoelectric material. With respect to claim 29, Liu discloses the aerosol-generating system according to claim 19, further comprising: a power supply (battery assembly. Not shown); and a controller (wiring from the battery assembly to the piezoelectric transducer) configured to (capable of) supply power from the power supply to the piezoelectric transducer. With respect to claim 30, Liu discloses the aerosol-generating system according to claim 28, further comprising: a power supply (battery assembly. Not shown); and a controller (wiring from the battery assembly to the piezoelectric transducer) configured to (capable of) supply power from the power supply to the piezoelectric transducer, and supply power to the piezoelectric transducer to generate a first oscillating potential (around the radial oscillating body. Page 2, lines 44-52) difference in the first region between the first surface of the piezoelectric transducer and the second surface of the piezoelectric transducer. With respect to claim 33, Liu discloses the aerosol-generating system according to claim 19, further comprising a first liquid storage compartment (2017) in fluid communication with the first region of the piezoelectric transducer. With respect to claim 34, Liu discloses the aerosol-generating system according to claim 33, further comprising a first liquid aerosol-forming substrate (2018) contained within the first liquid storage compartment. With respect to claim 35, Liu discloses the aerosol-generating system according to claim 33, further comprising a second liquid storage compartment (in 2018) in fluid communication with the second region of the piezoelectric transducer (Fig. 1). With respect to claim 36, Liu discloses the aerosol-generating system according to claim 35, further comprising a second liquid aerosol-forming substrate (2018) contained within the second liquid storage compartment. Response to Arguments Applicant’s arguments, see page 1-5, filed on May 1, 2026, with respect to the drawing objections, 35 USC § 112(a) and 35 USC § 112(b) rejections have been fully considered and are persuasive. The drawing objections, 35 USC § 112(a) and 35 USC § 112(b) rejections have been withdrawn. With respect to the 35 USC § 102(a)(1) rejections, Applicant's arguments filed on May 1, 2026 have been fully considered but they are not persuasive. The Applicant argues that Liu does not disclose that Liu's "atomizing core electrode ring 2012" is a second region of "a piezoelectric transducer" as recited in claim 19. Fundamentally, Liu fails to disclose or suggest a piezoelectric transducer that is mechanically secured to a housing solely at a single, localized attachment point. The Examiner respectfully disagrees. As clearly elaborated in the previous and current Office Actions above, the aerosol-generator housing is collectively defined by elements 201, 2015, 2026, 2024 and the piezoelectric transducer is collectively defined by elements 205, 2012, 2010, 2013, wherein the piezoelectric transducer (205, 2012, 2010, 2013) comprising a first region (205) and a second region (2012)… wherein the piezoelectric transducer is secured to the aerosol-generator housing at a single attachment point (sleeved in or wrapped by 2018 and 2019) positioned only within the first region. The “sleeved in” or “wrapped around” by elements 2018 and 2019 are single, localized attachment point relative to the bigger device as a whole. The Applicant appear to argues that a single attachment point is a one “small dot attachment.” Applicant's argument is not commensurate in scope with the claimed invention. No such limitations can be found in the claimed invention. In accordance with MPEP 2111.01, during examination, the claims must be interpreted as broadly as their terms reasonably allow. In re American Academy of Science Tech Center, 367 F.3d 1359, 1369, 70 USPQ2d 1827, 1834 (Fed. Cir. 2004). A single attachment point does not necessarily refer to a one small dot attachment. A single attachment point can be interpreted as the “sleeved in” or “wrapped around” by elements 2018 and 2019, the attachment is at a single point, relative to a bigger device as a whole. The Applicant further argues that Liu fails to disclose "the piezoelectric transducer is secured to the aerosol-generator housing at a single attachment point positioned only within the first region." The Examiner respectfully disagrees. The first region is defined by the entirety of the ultrasonic vaporization body 205 and the ultrasonic vaporization body 205 is “sleeved in” or “wrapped around” by elements 2018 and 2019. The limitation “within the first region” has been properly interpreted as “at least, at the exterior surface of the ultrasonic vaporization body 205.” The Applicant also argues that Liu fails to disclose "the second region is electrically isolated from the first region." The Examiner respectfully disagrees. As shown in Fig. 1, first region 205 is separated from the second region 2012 by atomizing core insulating ring 2011 and silicone sleeve 2019. The terms “insulating” and “silicone” clearly indicating common electrical insulators, especially the term “silicone” which is synonym to “excellent electrical insulator.” Furthermore, the disclosure, “an electrode ring 2013 electrically connected to the ultrasonic atomizing body 205 through an atomizing core electrode ring 2012” simply indicating one condition (fully assemble (when the atomizing core electrode ring 2012 installed in the atomizing seat 2010) and operating (powered)) of the aerosol-generating system. Fig. 5 of Liu, shows another condition of the aerosol-generating system (dissembled and exploded view) and when aerosol-generating system is not turned ON, the second region is electrically isolated from the first region because there is not current flowing through the aerosol-generating system (yet another condition of the aerosol-generating system). Conclusion THIS ACTION IS MADE FINAL. 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 CHEE-CHONG LEE whose telephone number is (571)270-1916. The examiner can normally be reached Monday-Friday 8am -5pm. 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, Arthur O. Hall can be reached at (571)270-1814. 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. /CHEE-CHONG LEE/ Primary Examiner, Art Unit 3752 June 15, 2026
Read full office action

Prosecution Timeline

Jun 19, 2023
Application Filed
Feb 03, 2026
Non-Final Rejection mailed — §102
May 01, 2026
Response Filed
Jun 22, 2026
Final Rejection mailed — §102 (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

3-4
Expected OA Rounds
64%
Grant Probability
99%
With Interview (+53.0%)
3y 5m (~4m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 780 resolved cases by this examiner. Grant probability derived from career allowance rate.

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