Prosecution Insights
Last updated: April 17, 2026
Application No. 18/379,681

INTRAORAL AEROSOL DELIVERY DEVICE

Non-Final OA §102
Filed
Oct 13, 2023
Examiner
LOUIS, LATOYA M
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
unknown
OA Round
1 (Non-Final)
52%
Grant Probability
Moderate
1-2
OA Rounds
3y 11m
To Grant
93%
With Interview

Examiner Intelligence

Grants 52% of resolved cases
52%
Career Allow Rate
339 granted / 656 resolved
-18.3% vs TC avg
Strong +42% interview lift
Without
With
+41.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
34 currently pending
Career history
690
Total Applications
across all art units

Statute-Specific Performance

§101
1.6%
-38.4% vs TC avg
§103
48.1%
+8.1% vs TC avg
§102
18.4%
-21.6% vs TC avg
§112
23.4%
-16.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 656 resolved cases

Office Action

§102
DETAILED ACTION This office action is responsive to the preliminary amendment filed 1/26/2024. As directed, claims 3-323 have been canceled and no claims have been added or amended. Thus claims 1 and 2 are currently pending. 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. Claim Objections Claim s 1 and 2 is objected to because of the following informalities: Regarding claim 1, the periods in the bullets should be deleted as a claim should include only one period. Regarding claim 2, the periods in the bullets and the period on the 4 th to last line should be deleted as claims should include only on period. I addition, the reference number on line 8 should be deleted for clarity. Appropriate correction is required. 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 and 2 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Holt (2022/0168513). Regarding claim 1, Holt teaches an inhalation system for delivery of an aerosol to the oropharynx of a human user (abstract , [0001], discloses providing aerosol for inhalation thereby delivering into and passing through the oropharynx) , the inhalation system comprising: an aerosol delivery module comprising a piezo assembly (115) including: an ultrasonically vibrable mesh membrane (219, 319; [0075] lines 1-10, [0078] lines 1-10) , a distal fluids compartment (144) in fluid communication with the mesh membrane (219) , and an a e rosol outlet (128) for a mist comprising droplets of the liquid generated by the mesh membrane; an d a control module (106) , wherein when the inhalation system is in an assembled state such that the control module (106; fig. 1) is attached thereto, the assembled inhalation system is shaped to include a narrow section ( width; as shown in fig. 1, the device is narrow shaped) characterized by the following: when the user's lips and/or teeth are transversely engaged with the narrow section (outer body) , the mesh membrane (115, 219) is able to reside within the user's oral cavity and the aerosol outlet (128) is able to be in direct fluid communication with the user's oropharynx (as shown, the narrow shaped cylinder body is able to fit into a user’s mouth and able to communicate directly with an oropharynx when pushed far enough back into a user’s mouth). Regarding claim 2 , Holt discloses an inhalation system for delivery of an aerosol to the oropharynx of a human user (abstract, [0001]discloses providing aerosol for inhalation thereby delivering into and passing through the oropharynx) , the inhalation system comprising: an aerosol delivery module comprising a piezo assembly (115) including: an ultrasonically vibrable mesh membrane (219, 319) , a distal fluids compartment (144) in fluid communication with the mesh membrane, and an aerosol outlet (128) for a mist comprising droplets of the liquid generated by the mesh membrane ([0066] lines 1-10, [0075] lines 1-10) ; a control module (106) ; a bottom-air-channel (i.e. hollow inner air space of the body as air channel having inlet 118) , the bottom-air channel is passing along a path that is passing around a side of the mesh membrane (115) from a more proximal to a more distal side of the mesh membrane at a level at least partially below the center the mesh membrane ([0068] lines 1-15 disclose the air travels from the inlet 118 through the body through and around the mesh thereby from proximal to distal side of the mesh ; the air being fluid and thus passing through top, center, and below center of the mesh to outlet 128); w herein, when the inhalation system is in an assembled state, the aerosol delivery module (115) is distal from the control module (106; as shown in figs. 1 and 2, when assembled, the components are attached and the module 115 is more distal) . Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sadeghinia (2021/0330899) discloses an elongated narrow mouthpiece with distally located piezo. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT LATOYA M LOUIS whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5337 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 1 pm - 6:30 pm ET . 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 Kendra Carter can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-9034 . 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. /LaToya M Louis/ Primary Examiner, Art Unit 3785
Read full office action

Prosecution Timeline

Oct 13, 2023
Application Filed
Mar 20, 2026
Non-Final Rejection — §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

1-2
Expected OA Rounds
52%
Grant Probability
93%
With Interview (+41.5%)
3y 11m
Median Time to Grant
Low
PTA Risk
Based on 656 resolved cases by this examiner. Grant probability derived from career allow rate.

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