Prosecution Insights
Last updated: April 18, 2026
Application No. 18/284,821

AEROSOL-GENERATING DEVICE

Non-Final OA §102§103
Filed
Sep 28, 2023
Examiner
NGUYEN, PHU HOANG
Art Unit
1747
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Kt&G Corporation
OA Round
1 (Non-Final)
65%
Grant Probability
Favorable
1-2
OA Rounds
3y 10m
To Grant
84%
With Interview

Examiner Intelligence

Grants 65% — above average
65%
Career Allow Rate
450 granted / 691 resolved
At TC average
Strong +19% interview lift
Without
With
+18.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
56 currently pending
Career history
747
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
51.3%
+11.3% vs TC avg
§102
14.1%
-25.9% vs TC avg
§112
18.1%
-21.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 691 resolved cases

Office Action

§102 §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. Election/Restrictions Claims 14-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/10/2026. Applicant’s election without traverse of group I, claims 1-13 in the reply filed on 3/10/2026 is acknowledged. Claim Rejections - 35 USC § 102 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 – 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1 and 13 is/are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Chun et al. (KR 20190051787) . Regarding claim 1, Chun discloses a n aerosol-generating device (100 in fig. 1) comprising: a body (100a, 100b) ; a cartridge (300, fig. 1) coupled to the body and comprising: a first chamber (210, fig. 6) configured to store a liquid; a second chamber (atomization space around element 270 of fig. 6) formed separately from the first chamber; a wick (275, fig. 6) disposed in the second chamber and in communication with the first chamber; a heater (270, fig. 6) configured to heat the wick; and a cartridge inlet (342, fig.7) allowing the second chamber to communicate with an outside of the cartridge; a cap configured to cover the cartridge and comprising a cap inlet (325, fig. 7) allowing communication between an inside and an outside of the cartridge; and an inflow passage (326, fig. 7) interconnecting the cap inlet and the cartridge inlet, wherein at least a portion of the inflow passage is formed between the cap and the cartridge. Regarding claim 13, Chun discloses wherein the cap inlet (325, fig. 7) is formed at an upper end of the cap. 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) 2-6, 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chun et al. (KR 20190051787) and further in view of Lee et al. (WO 2020222496). Regarding claim 2, Chun does not expressly discloses a flow sensor. Lee discloses an aerosol-generating device comprising a sensor (130, fig. 8A) mounted in the body and disposed adjacent to the cartridge inlet, wherein the sensor is configured to sense flow of air passing through the cartridge inlet (Abstrac t and [0012-0014] ) . Regarding claim 3, Lee discloses the body comprises: a lower body; and a mount coupled to an upper side of the lower body and configured to receive a lower portion of the cartridge (see fig. 8A) , wherein the mount comprises a sensor accommodation portion (150, fig. 8A) formed at one side of the mount between the sensor and the cartridge and comprising a sensing hole (by reference sign 140, fig. 8A) open toward the cartridge. Regarding claim 4 , Lee discloses the cartridge comprises: a first container comprising the first chamber (21, fig. 8A) ; and a lower case coupled to the first container and adjacent to one side of the sensor accommodation portion, wherein the second chamber is provided at the lower case and the cartridge inlet (125, fig. 8A) is formed at one side of the lower case. Regarding claim 5, Lee the sensing hole (140, fig. 8A) and the cartridge inlet (120, fig. 8A) are aligned, and wherein the sensor is positioned corresponding to the sensing hole and the cartridge inlet. Regarding claim 6 , the combination of Chun and Lee discloses the lower case comprises: a case portion configured to form the second chamber and comprising the cartridge inlet, wherein the case portion is positioned adjacent to the one side of the sensor accommodation portion; and an extension portion (336, fig. 7 of Chun) laterally extending from an upper end of the case portion and disposed below the first chamber ; the combination of Chun and Lee taken together as a whole discloses/suggests the extension portion is positioned to adjacent to an upper portion of the sensor accommodation portion (fig. 8A of Lee) . Regarding claim 8, Lee discloses the inflow passage comprises a first passage (by reference sign 120, fig. 8A) in communication with the cartridge inlet and formed between the mount and the cartridge. Regarding claim 9 , Chun discloses the inflow passage further comprises a second passage (by reference sign 326, fig. 7) formed between a side of the cap and a side of the first chamber to interconnect the cap inlet and the first passage . Regarding claim 10 , Chun discloses the cartridge comprises a frame partitioning an inside of the lower case to form the second chamber and a connection passage, the frame comprising a chamber inlet allowing the second chamber to communicate with the connection passage, and wherein the connection passage (the passage below reference sign 342, fig. 7) interconnects the cartridge inlet and the chamber inlet. Regarding claim 1 1, Lee discloses the cartridge comprises: a blocking wall (170, fig. 8A) protruding upwards in the connection passage; and a round surface (by reference sign 120, fig. 8A) defining a portion of the connection passage and disposed adjacent to an upper end of the blocking wall, wherein the round surface extends toward the chamber inlet. Claim (s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chun et al. (KR 20190051787) and further in view of Han et al. ( US Pub. No. 2020 0 229501 ). Regarding claim 12 , Han discloses using a protection film to protect a sensor for an aerosol generation article wherein the protection film can be rubber (corresponding to the claimed waterproof [0092]; therefore it would have been obvious to one of ordinary skill in the art at the time the invention was made to use the waterproof film disposed between the cartridge inlet and the sensor to protect the sensor of Chun as taught by Han . Allowable Subject Matter Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT PHU H NGUYEN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-5931 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 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, FILLIN "SPE Name?" \* MERGEFORMAT Michael H Wilson can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 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

Sep 28, 2023
Application Filed
Apr 02, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12569432
AEROSOL GENERATOR
2y 5m to grant Granted Mar 10, 2026
Patent 12569003
PRE-ROLL FILLING SYSTEM
2y 5m to grant Granted Mar 10, 2026
Patent 12557846
ELECTRONIC VAPOUR PROVISION SYSTEM
2y 5m to grant Granted Feb 24, 2026
Patent 12543775
METHODS FOR REDUCING ONE OR MORE TOBACCO SPECIFIC NITROSAMINES IN TOBACCO MATERIAL
2y 5m to grant Granted Feb 10, 2026
Patent 12532911
SMOKING ARTICLE WITH FRONT-PLUG AND METHOD
2y 5m to grant Granted Jan 27, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
65%
Grant Probability
84%
With Interview (+18.7%)
3y 10m
Median Time to Grant
Low
PTA Risk
Based on 691 resolved cases by this examiner. Grant probability derived from career allow rate.

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