Prosecution Insights
Last updated: July 17, 2026
Application No. 18/289,812

AEROSOL GENERATING DEVICE

Non-Final OA §103
Filed
Nov 07, 2023
Priority
Nov 23, 2021 — RE 10-2021-0162170 +1 more
Examiner
KESSIE, JENNIFER A
Art Unit
1747
Tech Center
1700 — Chemical & Materials Engineering
Assignee
KT&G Corporation
OA Round
1 (Non-Final)
65%
Grant Probability
Moderate
1-2
OA Rounds
5m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 65% of resolved cases
65%
Career Allowance Rate
204 granted / 316 resolved
At TC average
Strong +24% interview lift
Without
With
+24.3%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
49 currently pending
Career history
387
Total Applications
across all art units

Statute-Specific Performance

§101
1.0%
-39.0% vs TC avg
§103
80.1%
+40.1% vs TC avg
§102
7.3%
-32.7% vs TC avg
§112
2.0%
-38.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 316 resolved cases

Office Action

§103
CTNF 18/289,812 CTNF 94606 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 Applicant’s election without traverse of Group I, claims 1–10 in the reply filed on 03/18/2026, in response to the restriction requirement mailed February 9, 2026, is acknowledged. Claims 1–12 have been canceled. Newly added claims 13–25 are considered to be drawn to the elected invention of Group I and have been examined on the merits. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-21-aia AIA Claim s 13–18, 20–21, and 23 are rejected under 35 U.S.C. § 103 as being unpatentable over An et al. (US 2021/0059300 A1) in view of Hu et al. (US 2022/0248751 A1) . Regarding claim 13 , An teaches an aerosol generating device (aerosol generating device 1000) comprising: a first housing part (upper case 1100a of case 1100) comprising a first cover portion (upper case 1100a) (¶ [0103], Fig. 8); a second housing part (lower case 1100b of case 1100) comprising a second cover portion (lower case 1100b) (¶ [0103], Fig. 8); and a third housing part (cap 1400 installed on the outer surface of case 1100) (¶ [0106], Fig. 8). An further teaches a coupling relationship between the third housing part and the case . Specifically, An teaches the third housing part (cap 1400) includes a coupling structure (hook portion 1410) (¶ [0107], Fig. 8). An teaches the hook portion 1410 includes a tab-like engaging member (locking jaw 1411 protruding toward the inner surface of case 1100) (¶ [0107], Fig. 8). An teaches the case 1100 includes a corresponding engaging portion (seating portion 1110 protruding toward hook portion 1410) (¶ [0108], Fig. 8). An teaches the locking jaw 1411 engages the seating portion 1110 so that upward movement of cap 1400 is restricted (¶ [0110], Fig. 8). An further teaches that, during installation of cap 1400, hook portion 1410 is deformed toward the center of case 1100 and then returns to its original position so that locking jaw 1411 and seating portion 1110 are fitted to each other (¶ [0111], Fig. 8). An does not expressly teach a first coupling portion provided in the first cover portion, wherein the first coupling portion comprises a first flexible flange connected to the first cover portion and configured to elastically deform, and a first tab provided in the first flexible flange . An also does not expressly teach a second coupling portion provided in the second cover portion, wherein the second coupling portion comprises a second flexible flange connected to the second cover portion and configured to elastically deform, and a second tab provided in the second flexible flange . An further does not expressly teach that the third housing part comprises a third coupling portion configured to couple to the first coupling portion, and a fourth coupling portion configured to couple to the second coupling portion, wherein the third coupling portion comprises a first groove configured to engage with the first tab, and the fourth coupling portion comprises a second groove configured to engage with the second tab . Hu supplements An by teaching an elastic snap-fit coupling structure for detachably securing electronic smoking device housing components. Hu teaches a flexible flange connected to the housing component and configured to elastically deform (elastic arm 213 positioned spaced apart from the side wall of base 21 and elastically deforming during mounting), and a tab provided in the flexible flange (clamping protrusion 2131 provided on elastic arm 213) (¶ [0041], Fig. 4). Hu further teaches a groove configured to engage with the tab (clamping groove 15 provided on housing 1 and matched with clamping protrusion 2131), wherein elastic arm 213 elastically deforms until clamping protrusion 2131 is clamped in clamping groove 15 (¶ [0041], Fig. 4). Hu is in the same field of endeavor as An because both references are directed to electronic smoking devices having housing components and coupling structures for securing components together. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify An’s case and cap coupling structure to include Hu’s elastic arm 213, clamping protrusion 2131, and clamping groove 15 arrangement, duplicated as needed on corresponding first and second housing portions, because Hu teaches that such an elastic snap-fit connection facilitates assembly while securely retaining coupled housing components (¶ [0041], Fig. 4). Regarding claim 14 , An in view of Hu teaches the aerosol generating device of claim 13, wherein the first cover portion comprises a first outer cover surface (outer surface of upper case 1100a/case 1100), and a first inner cover surface opposite to the first outer cover surface (inner surface of upper case 1100a/case 1100 facing the device interior) (¶ [0103], Fig. 8). An does not expressly teach that the first flexible flange protrudes from the first inner cover surface . Hu supplements An by teaching the first flexible flange protrudes from the first inner cover surface (elastic arm 213 positioned spaced apart from the side wall of base 21 and protruding from the housing component for engagement with clamping groove 15) (¶ [0041], Fig. 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify An’s upper case 1100a to include Hu’s elastic arm 213 protruding from an inner surface of the upper case 1100a, because Hu teaches that elastic arm 213 elastically deforms during mounting to allow clamping protrusion 2131 to be clamped in clamping groove 15, thereby facilitating assembly while securely retaining coupled housing components (¶ [0041], Fig. 4). Regarding claim 15 , An in view of Hu teaches the aerosol generating device of claim 14, wherein the first tab protrudes from the first flexible flange in an outward direction intersecting with a protruding direction of the first flexible flange . An does not expressly teach the first tab protrudes from the first flexible flange in an outward direction intersecting with a protruding direction of the first flexible flange . Hu supplements An by teaching the first tab protrudes from the first flexible flange in an outward direction intersecting with a protruding direction of the first flexible flange (clamping protrusion 2131 projecting laterally from elastic arm 213 toward clamping groove 15, such that the protruding direction of clamping protrusion 2131 intersects the extension/protruding direction of elastic arm 213) (¶ [0041], Fig. 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify An’s case and cap coupling structure to include Hu’s clamping protrusion 2131 projecting laterally from elastic arm 213 toward clamping groove 15, because Hu teaches that clamping protrusion 2131 is clamped in clamping groove 15 after elastic deformation of elastic arm 213, thereby facilitating assembly while securely retaining coupled housing components (¶ [0041], Fig. 4). Regarding claim 16 , An teaches the aerosol generating device of claim 13, wherein the first housing part further comprises a first access opening provided in the first cover portion (hole 1100h provided in upper case 1100a, into which cigarette 2000 is inserted and heated) (¶ [0095], Fig. 8). Regarding claim 17 , An teaches the aerosol generating device of claim 16, wherein the first access opening is in a central portion of the first cover portion (hole 1100h provided in upper case 1100a at the central article-receiving region of the upper case) (¶ [0095], Fig. 8). Regarding claim 18 , An teaches the aerosol generating device of claim 16, wherein the third housing part further comprises a first receiving opening to be aligned with the first access opening (outside hole 1002p / insertion hole 1004p of cover/cap structure aligned with hole 1100h of upper case 1100a to allow cigarette 2000 to be inserted into the device) (¶ [0084], Fig. 5). An further teaches that the insertion hole is exposed when the door moves so that cigarette 2000 may be inserted into the device through the cover and case structure (¶ [0085], Fig. 5). Regarding claim 20 , An in view of Hu teaches the aerosol generating device of claim 13, wherein the second cover portion comprises a second outer cover surface (outer surface of lower case 1100b/case 1100), and a second inner cover surface opposite the second outer cover surface (inner surface of lower case 1100b/case 1100 facing the device interior) (¶ [0103], Fig. 8). An does not expressly teach that the second flexible flange protrudes from the second inner cover surface . Hu supplements An by teaching the second flexible flange protrudes from the second inner cover surface (elastic arm 213 positioned spaced apart from the side wall of base 21 and protruding from the housing component for engagement with clamping groove 15, duplicated on the corresponding second housing portion) (¶ [0041], Fig. 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify An’s lower case 1100b to include Hu’s elastic arm 213 protruding from an inner surface of the lower case 1100b, because Hu teaches that elastic arm 213 elastically deforms during mounting to allow clamping protrusion 2131 to be clamped in clamping groove 15, thereby facilitating assembly while securely retaining coupled housing components (¶ [0041], Fig. 4). Regarding claim 21 , An in view of Hu teaches the aerosol generating device of claim 20, wherein the second tab protrudes from the second flexible flange in an outward direction intersecting with a protruding direction of the second flexible flange . An does not expressly teach the second tab protrudes from the second flexible flange in an outward direction intersecting with a protruding direction of the second flexible flange . Hu supplements An by teaching the second tab protrudes from the second flexible flange in an outward direction intersecting with a protruding direction of the second flexible flange (clamping protrusion 2131 projecting laterally from elastic arm 213 toward clamping groove 15, such that the protruding direction of clamping protrusion 2131 intersects the extension/protruding direction of elastic arm 213, duplicated on the corresponding second housing portion) (¶ [0041], Fig. 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify An’s case and cap coupling structure to include Hu’s clamping protrusion 2131 projecting laterally from elastic arm 213 toward clamping groove 15 on the corresponding second housing portion, because Hu teaches that clamping protrusion 2131 is clamped in clamping groove 15 after elastic deformation of elastic arm 213, thereby facilitating assembly while securely retaining coupled housing components (¶ [0041], Fig. 4). Regarding claim 23 , An teaches the aerosol generating device of claim 13, further comprising a housing configured to heat an aerosol generating article (case 1100 having heater 1030 installed therein to heat cigarette 2000/aerosol generating article) (¶ [0103], Fig. 8). An further teaches that cigarette 2000 is inserted into aerosol generating device 1000 and heater 1030 heats cigarette 2000 to generate aerosol (¶ [0048]) . 07-21-aia AIA Claim s 19 and 22 are rejected under 35 U.S.C. § 103 as being unpatentable over An et al. (US 2021/0059300 A1) in view of Hu et al. (US 2022/0248751 A1), and further in view of Lin (US 2019/0191764 A1) . Regarding claim 19 , An in view of Hu teaches the aerosol generating device of claim 13, but does not expressly teach wherein the first housing part further comprises a plurality of first coupling portions arranged along an edge of the first cover portion . Lin is in the same field of endeavor as An and Hu because Lin is directed to an electronic cigarette having housing components and coupling structures for securing components of the electronic cigarette together. Lin supplements An and Hu by teaching a plurality of first coupling portions arranged along an edge of the first cover portion (positioning buckles 721 symmetrically provided on first link portion 72 extending outwardly from button 71 and fitted in positioning slots 511 of second link portion 51) (¶ [0024], Fig. 4). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify An’s housing/cap coupling structure, as modified by Hu, to include Lin’s plurality of positioning buckles arranged along a coupling edge, because Lin teaches that such positioning buckles fit into positioning slots to secure electronic cigarette components together (¶ [0024], Fig. 4). Regarding claim 22 , An in view of Hu teaches the aerosol generating device of claim 13, but does not expressly teach wherein the second housing part further comprises a plurality of second coupling portions arranged along an edge of the second cover portion . Lin supplements An and Hu by teaching a plurality of second coupling portions arranged along an edge of the second cover portion (positioning posts 56 symmetrically provided on the bottom end of liquid chamber 52 and fitted in corresponding positioning holes 57 of support assembly 80) (¶ [0025], Fig. 5). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify An’s housing/cap coupling structure, as modified by Hu, to include Lin’s plurality of positioning posts arranged along a coupling edge, because Lin teaches that such positioning posts fit into corresponding positioning holes to secure electronic cigarette components together (¶ [0025], Fig. 5) . 07-21-aia AIA Claim 24 is rejected under 35 U.S.C. § 103 as being unpatentable over An et al. (US 2021/0059300 A1) in view of Hu et al. (US 2022/0248751 A1), and further in view of Liu (US 2020/0359701 A1) . Regarding claim 24 , An in view of Hu teaches the aerosol generating device of claim 23, but does not expressly teach wherein the housing comprises a susceptor configured to support the aerosol generating article . Liu is in the same field of endeavor as An and Hu because Liu is directed to a vaporizer/electronic smoking device having a housing and heating structure for heating a cigarette/aerosol generating article. Liu supplements An and Hu by teaching wherein the housing comprises a susceptor (stainless-steel tube 6 included in the vaporizer having housing 27) (¶ [0011], Fig. 3), configured to support the aerosol generating article (stainless-steel tube 6 configured such that the cigarette passes through the central holes of components to enter the stainless-steel tube 6) (¶ [0012], Fig. 3). Liu further teaches that the stainless-steel tube 6 is automatically heated in an induction magnetic field, such that substances of the cigarette are volatilized under the high-temperature heating effect in the stainless-steel tube 6 (¶ [0013], Fig. 3). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify An’s housing configured to heat cigarette 2000, as modified by Hu, to include Liu’s stainless-steel tube 6 configured to receive/support the cigarette and be heated by induction, because Liu teaches that the stainless-steel tube 6 receives the cigarette and is automatically heated in an induction magnetic field to heat the cigarette (¶ [0013], Fig. 3) . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim 25 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. The prior art of record, including An, Hu, Lin, and Liu, fails to teach or suggest the third housing part including a first end portion facing the first housing part, a second end portion positioned opposite the first end portion and facing the second housing part, and a first side portion positioned between the first end portion and the second end portion, wherein the first groove is in a first recessed portion surrounded by an edge of the third housing part and formed by having at least a portion of the first end portion recessed, and wherein the second groove is in a second recessed portion surrounded by an edge of the third housing part and formed by having at least a portion of the second end portion recessed, as claimed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER KESSIE whose telephone number is (571)272-7739. The examiner can normally be reached Monday - Thursday 7:00am - 5:00pm. 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 (571) 270-3882. 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. /JENNIFER A KESSIE/Examiner, Art Unit 1747 /Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747 Application/Control Number: 18/289,812 Page 2 Art Unit: 1747 Application/Control Number: 18/289,812 Page 4 Art Unit: 1747 Application/Control Number: 18/289,812 Page 5 Art Unit: 1747 Application/Control Number: 18/289,812 Page 6 Art Unit: 1747 Application/Control Number: 18/289,812 Page 7 Art Unit: 1747 Application/Control Number: 18/289,812 Page 8 Art Unit: 1747 Application/Control Number: 18/289,812 Page 9 Art Unit: 1747 Application/Control Number: 18/289,812 Page 10 Art Unit: 1747 Application/Control Number: 18/289,812 Page 11 Art Unit: 1747 Application/Control Number: 18/289,812 Page 12 Art Unit: 1747 Application/Control Number: 18/289,812 Page 13 Art Unit: 1747 Application/Control Number: 18/289,812 Page 14 Art Unit: 1747
Read full office action

Prosecution Timeline

Nov 07, 2023
Application Filed
Mar 18, 2026
Response after Non-Final Action
Jun 11, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12672667
RECOVERING NICOTINE FROM TOBACCO CURING
2y 11m to grant Granted Jul 07, 2026
Patent 12648587
AEROSOL GENERATION
5y 4m to grant Granted Jun 09, 2026
Patent 12599161
METHOD OF MAKING AEROSOL-FORMING SUBSTRATE
5y 2m to grant Granted Apr 14, 2026
Patent 12599160
LIPID-CONTAINING ORAL COMPOSITION
3y 10m to grant Granted Apr 14, 2026
Patent 12593871
AEROSOL-GENERATING DEVICE
3y 1m to grant Granted Apr 07, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

1-2
Expected OA Rounds
65%
Grant Probability
89%
With Interview (+24.3%)
3y 1m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 316 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month