Prosecution Insights
Last updated: May 29, 2026
Application No. 18/303,334

Cannabinoid Formulations for Aerosol Devices and Methods Thereof

Non-Final OA §103
Filed
Apr 19, 2023
Priority
Mar 30, 2017 — provisional 62/479,194 +2 more
Examiner
YAARY, ERIC
Art Unit
1755
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Markham Biotech Inc.
OA Round
3 (Non-Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
76%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
633 granted / 856 resolved
+8.9% vs TC avg
Minimal +3% lift
Without
With
+2.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
34 currently pending
Career history
902
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
81.2%
+41.2% vs TC avg
§102
1.3%
-38.7% vs TC avg
§112
3.1%
-36.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 856 resolved cases

Office Action

§103
DETAILED ACTION Response to Arguments Applicant’s arguments filed 1/19/2026 with respect to the rejection(s) of claims 1-5 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made as detailed below. Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Gharib (US 2017/0333505) in view of Schou (US 2020/0000767). Regarding claims 1 and 3, Gharib teaches a method of preparing a liquid cannabinoid formulation comprising: (a) introducing a suitable organic solvent to a cannabis plant or part thereof to form a neat mixture comprising a cannabinoid extract [0136], (b) purging the organic solvent out of the neat mixture to form a purged cannabinoid extract) [0137] (interpreted as taking place at ambient temperature), and (c) combining the purged cannabinoid extract with a carrier known in the art [0071]. Gharib teaches does not specify the claimed carriers. Schou teaches a cannabinoid composition wherein a carrier comprises 80% propylene glycol and 20% vegetable glycerin providing an optimal ratio that achieves a stable homogenous mixture to give the best mixture [0208-0210]. It would have been obvious to one of ordinary skill in the art to use this combination and ratio for the carrier of Gharib for the reasons above suggested by Schou. Regarding claim 2, Gharib teaches residual solvents are purged from the extract [0132], i.e. the organic solvent is completely purged from the cannabinoid extract, prior to diluting with the carrier mixture. Regarding claim 4, Gharib does not teach adding one or more exogenous flavorants to the carrier. However, this is taught by Schou [0086-0089] and would have been obvious to one of ordinary skill in the art to include with the method of Gharib for flavoring the formulation. Regarding claim 5, Gharib teaches the cannabinoid extract comprises two or more cannabinoids [Fig. 21; 0097, 0213]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC YAARY whose telephone number is (571)272-3273. 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, Philip Louie can be reached at (571)270-1241. 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. /ERIC YAARY/Examiner, Art Unit 1755
Read full office action

Prosecution Timeline

Apr 19, 2023
Application Filed
Jan 10, 2025
Non-Final Rejection mailed — §103
Jul 10, 2025
Response Filed
Jul 17, 2025
Final Rejection mailed — §103
Jan 19, 2026
Request for Continued Examination
Jan 27, 2026
Response after Non-Final Action
Feb 12, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12635724
HIGH VISCOSITY NICOTINE FORMULATION
4y 11m to grant Granted May 26, 2026
Patent 12622466
AEROSOL GENERATING DEVICE
2y 6m to grant Granted May 12, 2026
Patent 12616238
AEROSOL GENERATION
3y 2m to grant Granted May 05, 2026
Patent 12616237
AEROSOL-GENERATING ARTICLE WITH VENTILATION
3y 1m to grant Granted May 05, 2026
Patent 12604927
VAPORIZER AND ELECTRONIC VAPORIZATION DEVICE
3y 4m to grant Granted Apr 21, 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
74%
Grant Probability
76%
With Interview (+2.6%)
2y 7m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 856 resolved cases by this examiner. Grant probability derived from career allowance rate.

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