Prosecution Insights
Last updated: April 19, 2026
Application No. 18/289,949

AEROSOL GENERATING DEVICE AND METHOD OF MANUFACTURING OUTER COVER FOR AEROSOL GENERATING DEVICE

Non-Final OA §102
Filed
Nov 08, 2023
Examiner
LABAZE, EDWYN
Art Unit
2876
Tech Center
2800 — Semiconductors & Electrical Systems
Assignee
Kt & G Corporation
OA Round
1 (Non-Final)
89%
Grant Probability
Favorable
1-2
OA Rounds
1y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 89% — above average
89%
Career Allow Rate
1412 granted / 1579 resolved
+21.4% vs TC avg
Moderate +9% lift
Without
With
+9.2%
Interview Lift
resolved cases with interview
Fast prosecutor
1y 11m
Avg Prosecution
30 currently pending
Career history
1609
Total Applications
across all art units

Statute-Specific Performance

§101
2.2%
-37.8% vs TC avg
§103
40.9%
+0.9% vs TC avg
§102
36.0%
-4.0% vs TC avg
§112
0.3%
-39.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1579 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 . Receipt is acknowledged of IDS filed on 11/8/23, 11/27/23, 1/9/25, 4/28/25 & 3/9/26. Claims 1-13 are presented for examination. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. 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) 1, 8-10 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bright et al. (US 2012/0127578). Re Claims 1 and 10: Bright et al. {hereinafter referred as “Bright”} teaches antireflective transparent EMI shielding optical filter, which includes a main body {herein Optical filter 100 has support 102 that is a film of polyester terephthalate} ¶ (55+); and an outer cover coupled to the main body {herein capping layer 105}, wherein the outer cover includes a circuit layer (¶ 55+), a base layer {herein basecoat layer 208} (¶ 37-42+, 56+), a light-transmitting layer {herein the filters can modify the radiation that is emitted from these devices so as to block the transmission of unwanted or harmful wavelengths and modify the selection of wavelengths allowed to be transmitted} (¶ 45-48+ 70+), a shielding layer (¶ 48-54+, 67-68+), and a coating layer, which are sequentially arranged in a direction from a rear surface of the outer cover toward a front surface of the outer cover (¶ 43-49+, 73+), and one or more light-emitting units arranged on the circuit layer, wherein the base layer, the light-transmitting layer, the shielding layer, and the coating layer include a material capable of transmitting light {herein the provided filter can have antireflective layers and components built into it to increase transmission of visible light, see ¶ 5+}, and wherein light emitted from the light-emitting units sequentially passes through the base layer, the light-transmitting layer, the shielding layer, and the coating layer (¶ 70-79+). Re Claim 8: Bright et al. teaches device and method, wherein the light-emitting unit are arranged on a rear surface or a front surface of the circuit layer {herein provided electrically-conductive optical filters with EMI shielding can have wide variety of uses, including electromagnetic shield, transparent electrical circuitry} (¶ 4+, 67+). Re Claim 9: Bright teaches device and method, wherein the coating layer is configured to exhibit a color {herein Bright teaches that the transparent display filter further comprising at least a color-compensation layer} of the front surface of the outer cover (see claim 10 of Bright, ¶ 2-3). Re Claim 13: Bright teaches device and method, wherein the arranging of the circuit layer includes adhering the circuit layer to the rear surface of the base layer or forming the circuit layer on the rear surface of the base layer (¶ 65-67+). Allowable Subject Matter Claims 2-7 and 11-12 are 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 following is a statement of reasons for the indication of allowable subject matter: the prior art of record fails to specifically teach one or more light-transmitting units configured to transmit light; and one or more light-blocking units configured to block light, the light-transmitting units are formed at positions at which light emitted from the light-emitting units is transmitted, and the light emitted from the light-emitting units sequentially passes through the base layer, the light-transmitting units, the shielding layer, and the coating layer. These limitations in conjunction with other limitations in the claimed invention were not shown by the prior art of record. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Neyts et al. (US 2023/0194946) teaches smart windows based on electrophoresis of scattering particles. Capo et al. (US 2025/0280896) teaches aerosol-generating device and delivery system. Plevnik et al. (US 2023/0136898) teaches aerosol generation device with non-visible illumination unit Sears et al. (US 2015/0216233) teaches aerosol delivery device with an illuminated outer surface and related method. Wang (US 2026/0020619) teaches aerosol generation apparatus. Bouchiguir (CN 113747805) teaches aerosol generating with lighting status indicator. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDWYN LABAZE whose telephone number is (571)272-2395. The examiner can normally be reached 8:30AM-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, Mr. STEVE PAIK can be reached at 571-272-2404. 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. /EDWYN LABAZE/Primary Examiner, Art Unit 2876
Read full office action

Prosecution Timeline

Nov 08, 2023
Application Filed
Mar 13, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

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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
89%
Grant Probability
99%
With Interview (+9.2%)
1y 11m
Median Time to Grant
Low
PTA Risk
Based on 1579 resolved cases by this examiner. Grant probability derived from career allow rate.

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