Prosecution Insights
Last updated: October 01, 2026
Application No. 18/492,396

AEROSOL GENERATION SYSTEM

Non-Final OA §102§103§DOUBLEPATENT
Filed
Oct 23, 2023
Priority
Jun 28, 2021 — continuation of PCTJP2021024411
Examiner
HUNTER, JOHN S
Art Unit
Tech Center
Assignee
Japan Tobacco Inc.
OA Round
1 (Non-Final)
83%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 83% — above average
83%
Career Allowance Rate
311 granted / 375 resolved
+22.9% vs TC avg
Strong +23% interview lift
Without
With
+22.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
44 currently pending
Career history
412
Total Applications
across all art units

Statute-Specific Performance

§101
3.3%
-36.7% vs TC avg
§103
39.3%
-0.7% vs TC avg
§102
20.7%
-19.3% vs TC avg
§112
32.5%
-7.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 375 resolved cases

Office Action

§102 §103 §DOUBLEPATENT
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 . Claim Status Claims 1-18 are pending: Claims 7-8, 10 are withdrawn Claims 1-6, 9, 11-18 are examined on the merits Election/Restrictions Applicant's election without traverse of Species A (Fig1-3) in the reply filed on 07/28/2026 is acknowledged. The requirement is still deemed proper and is therefore made FINAL. Claim 7-8, 10 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/28/2026. Claims 7-8, 10 withdrawn by applicant. Information Disclosure Statement The information disclosure statement(s) (IDS) submitted on 10/23/2023, 03/21/2025, 01/02/2026, 05/22/2026 is/are being considered by the examiner. IDS dated 01/02/2026 FOR5 not considered due to the full document not being provided, the document started at page 28 Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claim 1, 9 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 12, 13 of copending Application No. 18/492,437 (reference application), respectively. Although the claims at issue are not identical, they are not patentably distinct from each other. Please see comparison table below – the underlined recitations do not have a patentably corresponding recitation in the other patent document.. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Instant Application 18/492,396 Copending Application 18/492,437 Claim 1 Claim 12 An aerosol generation system comprising: a heat generator having a long shape, the heat generator generating heat by being supplied with electricity so as to heat an aerosol generating substrate from an inside thereof; and a pair of metal plates provided to respectively cover opposing surfaces of the heat generator along the long shape, wherein at least one of the pair of metal plates includes a rib formed by bending at least one of edges, in a lateral direction of the long shape, along the heat generator. Claim 1 An aerosol generation system comprising: a heat generator having a long shape, the heat generator generating heat by being supplied with electricity so as to heat an aerosol generating substrate from an inside thereof; and a pair of metal plates provided to respectively cover opposing surfaces of the heat generator along the long shape, wherein the heat generator includes at least two regions where different amounts of heat are generated. Claim 12 The aerosol generation system according to claim 1, wherein at least one of the pair of metal plates includes a rib formed by bending at least one of edges, in a lateral direction of the long shape, along the heat generator. Claim 9 Claim 13 The aerosol generation system according to claim 1, wherein the rib is provided at each of opposite sides in the lateral direction of at least one of the pair of metal plates. The aerosol generation system according to claim 12, wherein the rib is provided at each of opposite sides in the lateral direction of at least one of the pair of metal plates. Claim 1, 3, 4, 5, 6, 9 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5, 6, 7, 8, 9, 12 of copending Application No. 18/518,839 (reference application), respectively. Although the claims at issue are not identical, they are not patentably distinct from each other. Please see comparison table below – the underlined recitations do not have a patentably corresponding recitation in the other patent document.. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Instant Application 18/492,396 Copending Application 18/518,839 Claim 1 Claim 5 An aerosol generation system comprising: a heat generator having a long shape, the heat generator generating heat by being supplied with electricity so as to heat an aerosol generating substrate from an inside thereof; and a pair of metal plates provided to respectively cover opposing surfaces of the heat generator along the long shape, wherein at least one of the pair of metal plates includes a rib formed by bending at least one of edges, in a lateral direction of the long shape, along the heat generator. Claim 1 An aerosol generation system comprising: a heat generator, which is a PTC heater including a barium titanate having a long shape, the heat generator generating heat by being supplied with electricity so as to heat an aerosol generating substrate from an inside thereof; and a pair of metal plates provided to respectively cover opposing surfaces of the heat generator along the long shape, wherein at least one of the pairs of metal plates includes a rib portion in which an edge portion on at least one side in a short direction of the longitudinal shape is bent along the heat generator, and an electrical resistance value of the heat generator in a direction in which the pair of metal plates face each other is 100 times to 1400 times an electrical resistance value of each of the pair of metal plates in a longitudinal direction of the long shape. Claim 5 The aerosol generation system according to claim 1, wherein at least one of the pair of metal plates includes a rib formed by bending at least one of edges, in a lateral direction of the long shape, along the heat generator. Claim 3 Claim 6 The aerosol generation system according to claim 1, wherein a length of each of the pair of metal plates in a longitudinal direction of the long shape is greater than a length of the heat generator. The aerosol generation system according to claim 5, wherein a length of each of the pair of metal plates in the longitudinal direction of the long shape is greater than a length of the heat generator. Claim 4 Claim 7 The aerosol generation system according to claim 3, wherein, at a trailing end opposite a leading end to be inserted into the aerosol generating substrate, the pair of metal plates are provided to extend further in the longitudinal direction relative to the heat generator. The aerosol generation system according to claim 6, wherein, at a trailing end opposite a leading end to be inserted into the aerosol generating substrate, the pair of metal plates are provided to extend further in the longitudinal direction relative to the heat generator. Claim 5 Claim 8 The aerosol generation system according to claim 4, wherein the rib is provided to extend entirely in the longitudinal direction of the heat generator. The aerosol generation system according to claim 7, wherein the rib is provided to extend entirely in the longitudinal direction of the heat generator. Claim 6 Claim 9 The aerosol generation system according to claim 1, wherein the heat generator at a leading end to be inserted into the aerosol generating substrate has an angularly protruding shape at the leading end. The aerosol generation system according to claim 5, wherein the heat generator at a leading end to be inserted into the aerosol generating substrate has an angularly protruding shape at the leading end. Claim 9 Claim 12 The aerosol generation system according to claim 1, wherein the rib is provided at each of opposite sides in the lateral direction of at least one of the pair of metal plates. The aerosol generation system according to claim 5, wherein the rib is provided at each of opposite sides in the lateral direction of at least one of the pair of metal plates. Claim 1, 9 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11, 12 of copending Application No. 18/492,417 (reference application), respectively. Although the claims at issue are not identical, they are not patentably distinct from each other. Please see comparison table below – the underlined recitations do not have a patentably corresponding recitation in the other patent document.. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Instant Application 18/492,396 Copending Application 18/492,417 Claim 1 Claim 11 An aerosol generation system comprising: a heat generator having a long shape, the heat generator generating heat by being supplied with electricity so as to heat an aerosol generating substrate from an inside thereof; and a pair of metal plates provided to respectively cover opposing surfaces of the heat generator along the long shape, wherein at least one of the pair of metal plates includes a rib formed by bending at least one of edges, in a lateral direction of the long shape, along the heat generator. Claim 1 An aerosol generation system comprising: a heat generator having a long shape, the heat generator generating heat by being supplied with electricity so as to heat an aerosol generating substrate from an inside thereof; a pair of metal plates provided to respectively cover opposing surfaces of the heat generator along the long shape, and to extend further in the longitudinal direction relative to the heat generator at a trailing end opposite a leading end to be inserted into the aerosol generating substrate; and a securing section that holds the pair of metal plates and secures the pair of metal plates to a housing at a region located further toward the trailing end relative to an end of the heat generator and away from the heat generator. Claim 11 The aerosol generation system according to claim 1, wherein at least one of the pair of metal plates includes a rib formed by bending at least one of edges, in a lateral direction of the long shape, along the heat generator. Claim 9 Claim 12 The aerosol generation system according to claim 1, wherein the rib is provided at each of opposite sides in the lateral direction of at least one of the pair of metal plates. The aerosol generation system according to claim 11, wherein the rib is provided at each of opposite sides in the lateral direction of at least one of the pair of metal plates. Claim 1, provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 14 of copending Application No. 18/639,966 (reference application), respectively. Although the claims at issue are not identical, they are not patentably distinct from each other. Please see comparison table below – the underlined recitations do not have a patentably corresponding recitation in the other patent document.. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Instant Application 18/492,396 Copending Application 18/639,966 Claim 1 Claim 14 An aerosol generation system comprising: a heat generator having a long shape, the heat generator generating heat by being supplied with electricity so as to heat an aerosol generating substrate from an inside thereof; and a pair of metal plates provided to respectively cover opposing surfaces of the heat generator along the long shape, wherein at least one of the pair of metal plates includes a rib formed by bending at least one of edges, in a lateral direction of the long shape, along the heat generator. Claim 1 An aerosol generation system comprising: a resistive heat generator that heats an aerosol generating substrate from an inside thereof; and a pair of metal plates provided at opposite surfaces of the resistive heat generator, wherein the pair of metal plates each include a first region and a second region, the first region being where the metal plates face each other with the resistive heat generator interposed therebetween in a thickness direction of the resistive heat generator, the second region being where the metal plates do not face each other with the resistive heat generator interposed therebetween in the thickness direction of the resistive heat generator. Claim 14 The aerosol generation system according to claim 1, wherein at least one of the metal plates includes a rib formed by bending an edge of the metal plate along an outer shape of the resistive heat generator from the opposite surfaces of the resistive heat generator. Claim Objections Claims are objected to because of the following informalities: Throughout Amendment to avoid terms like “thereof” would improve claim clarity Claim 2/4 Reword to improve clarity, the office assumes that the language of the claim is strange due to direct translation. Claim 16 Limitation acronym “PTC” is not defined 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) 1-6, 9, 11-12, 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jiang (CN 212 325 393) Claim 1 Jiang discloses: “An aerosol generation system (Fig10/1/2, electronic atomizing device 20, heating body 10) comprising: a heat generator (SpecQuote10; Fig1/2, heating element 130 portion annotated in rectangle below, the bottom of heating element 130 is merely the electrical leads) having a long shape (best seen Fig10 in arrangement and Fig1/2 in detail), the heat generator generating heat by being supplied with electricity so as to heat an aerosol generating substrate from an inside thereof (functional limitation. SpecQuote11/12, Fig10/1/2, heating body 10 heats applied cigarette); and a pair of metal plates (best seen Fig1/2, metal substrates 120/110; SpecQuote13) provided to respectively cover opposing surfaces of the heat generator along the long shape (best seen Fig1/2, substrates 120/110 cover front/back of heating element 130), wherein at least one of the pair of metal plates includes a rib (best seen Fig2/3, rib wall of groove 111) formed by bending at least one of edges (product-by-process limitation), in a lateral direction of the long shape, along the heat generator (best seen Fig2/3, rib of substrate 110 is in the lateral direction along heating element 130).” SpecQuote10: “the exposed surface can be used for electrically connecting with the external power supply. wherein the heating element 130 located at the second end of the substrate 101 of the exposed portion can be electrically connected with the external power supply by welding conductive wire in other embodiments, it also can be electrically connected with the external power supply through other connection mode. The length H of the exposed portion” SpecQuote11: “the power supply and the heating body 10 is electrically connected for providing power to the heating body 10, so that the heating body 10 can be used for heating and atomizing the to-be-heated piece. wherein the electronic atomizing device 20 can be electronic cigarette or atomizer and so on, which is not further defined herein.” SpecQuote12: “The electronic atomizing device such as electronic cigarette generally can adopt inserted heating body, at least partially inserted into the tobacco through the inserted heating body, so as to realize the heating and atomizing of the tobacco.” SpecQuote13: “the first heat-conducting substrate and the second heat-conducting substrate are metal sheets” The following recitation(s)/limitation(s) “” is/are considered a product-by-process claim, and as the determination of patentability is based on the product itself, the structure disclosed anticipates/renders obvious the claimed structure as the disclosed structure appears to be the same or similar to that claimed, see MPEP 2113. The above noted limitations are considered functional language, and as the structure disclosed in the reference anticipates the claimed structure, the structure disclosed is capable of performing the recited function, see MPEP 2114.I,II. However, the functional language is disclosed as noted above. PNG media_image1.png 522 354 media_image1.png Greyscale Claim 2 Jiang discloses: “The aerosol generation system according to claim 1, further comprising the aerosol generating substrate into which the heat generator covered by the pair of metal plates is inserted (continuation of the functional limitation of Claim 1. SpecQuote11/12, cigarette disclosed).” The above noted limitations are considered functional language, and as the structure disclosed in the reference anticipates the claimed structure, the structure disclosed is capable of performing the recited function, see MPEP 2114.I,II. However, the functional language is disclosed as noted above. Claim 3 Jiang discloses: “The aerosol generation system according to claim 1, wherein a length of each of the pair of metal plates in a longitudinal direction of the long shape is greater than a length of the heat generator (best seen Fig1, each of substrates 110/120 have a length that extends closer to tip near reference character 1011 relative to heating element 130).” Claim 4 Jiang discloses: “The aerosol generation system according to claim 3, wherein, at a trailing end opposite a leading end to be inserted into the aerosol generating substrate, the pair of metal plates are provided to extend further in the longitudinal direction relative to the heat generator (SpecQuote10; best seen Fig1/2, exposed surface H of heating element 130 is the electrical connection portion and therefore is functionally not part of the heat generation portion of the heating element – the substrates 110/120 extend lengthwise past the trailing end of the portion of heating element annotated above in Claim 1).” Claim 5 Jiang discloses: “The aerosol generation system according to claim 4, wherein the rib is provided to extend entirely in the longitudinal direction of the heat generator (best seen Fig1/2, rib of substrate 110 extends full length of heating element 130).” Claim 6 Jiang discloses: “The aerosol generation system according to claim 1, wherein the heat generator at a leading end to be inserted into the aerosol generating substrate (functional limitation) has an angularly protruding shape at the leading end (Fig10/1/2, heating body 10 has angular tip to be inserted into the cigarette).” The above noted limitations are considered functional language, and as the structure disclosed in the reference anticipates the claimed structure, the structure disclosed is capable of performing the recited function, see MPEP 2114.I,II. However, the functional language is disclosed as noted above. Claim 9 Jiang discloses: “The aerosol generation system according to claim 1, wherein the rib is provided at each of opposite sides in the lateral direction of at least one of the pair of metal plates (best seen Fig2/3, rib of substrate 110 is on both left/right sides of heating element 130).” Claim 11 Jiang discloses: “The aerosol generation system according to claim 1, wherein the heat generator has a tabular shape (best seen Fig2, heating element 130), and wherein a thickness of the tabular shape is smaller than 1/4 of a width of the tabular shape (Fig1-3 fairly disclose thickness to width ratio).” Claim 12 Jiang discloses: “The aerosol generation system according to claim 11, wherein the pair of metal plates are provided at opposite principal surfaces of the tabular shape of the heat generator (best seen Fig1/2, substrates 120/110 cover front/back of heating element 130).” Claim 15 Jiang discloses: “The aerosol generation system according to claim 1, wherein the heat generator is supplied with the electricity between the pair of metal plates (SpecQuote10/11/12/13).” 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN 212 325 393) in view of McCullough (US 11,497,249). Claim 13 Jiang discloses: “The aerosol generation system according to claim 1, wherein the heat generator and the pair of metal plates are adhered together (SpecQuote131) by using a … ” SpecQuote131: “Wherein, the two opposite side surfaces of the through groove 113 of the first heat conducting substrate 110 can be set as inclined surface; The two end surfaces of the second heat-conducting substrate 120 corresponding to the through grooves 113 may be also provided with inclined surfaces parallel to the two side surfaces of the through grooves 113. and the second heat-conducting substrate 120 is set to the through groove 113, can through the second heat-conducting substrate 120 opposite to the two ends of the inclined surface and the through groove 113 of the opposite two side surface is adhered, so as to limit the position of the second heat-conducting substrate 120.” Jiang is silent to the adhesive being conductive. McCullough teaches (Fig10/11, C9L12-19) that it is known in the art to use electrically conductive adhesives to attach electrical conductors to substrates. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to look to the prior art to select an adhesive for the arrangement of Jiang, as Jiang does disclose the type of adhesive used, and McCullough teaches that it is known in the art to select an electrically conductive adhesives to attach electrical conductors to substrates, and the resulting arrangement has the reasonable expectation of successfully providing the arrangement of Jiang with working and known in the art material selection of an electrically conductive adhesives to attach electrical conductors to substrates as taught by McCullough. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN 212 325 393) in view of Hajaligol (US 5,665,262). Claim 14 Jiang discloses: “The aerosol generation system according to claim 1, wherein the pair of metal plates (SpecQuote141) are composed of … ” SpecQuote141: “At the same time, the first heat-conducting substrate 110 and the second heat-conducting substrate 120 can be a metal sheet, wherein the first heat-conducting substrate 110 and the second heat-conducting substrate 120 can be made of material with good heat-conducting coefficient.” Jiang suggests possible metals to use, however Jiang does not require the use of the suggested metals of the substrates. Jiang is silent to the application of a nickel-containing iron alloy for the metal plates. Hajaligol teaches (best seen Fig3-5, substrate 300, heating element 122; C11L7-21) that it is known in the art to select an “alloy of nickel and iron” for a substrate that supports a heating element. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to look to the prior art to select a material for the metal substrates of Jiang, as Jiang does not require a particular metal for the substrates beyond one that is metal, and Hajaligol teaches that it is known in the art to select an “alloy of nickel and iron” for a substrate that supports a heating element, and the resulting arrangement has the reasonable expectation of successfully providing the arrangement of Jiang with working and known in the art material selection of an “alloy of nickel and iron” for the substrates of Jiang as Hajaligol teaches that such a selection is a known in the art selection. Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN 212 325 393) in view of Taurino (US 2023/0069561). Claim 16 Jiang discloses the arrangement of Claim 15. Jiang is silent to the heating element being a PTC heater or a NTC heater. Taurino teaches (Para141; Fig4) that it is known to use a PTC blade 27 upon which an aerosol-forming substrate is stabbed in order to electrically heat the center of the stabbed aerosol-forming substrate. Taurino further teaches (Para9/13) that the application of a PTC thermistor as the heating element provides the advantage of being less prone to overheating. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to look to the prior art to select a type of temperature coefficient heater, as one of ordinary skill in the art would have to make such a selection in order to practice the disclosure of Jiang, and Taurino teaches that at it is known in the art to select a PTC heater thermistor for a aerosol-forming substrate stabbing heating body, and that such a selection provides the advantage of a heating element that is less prone to overheating, and the resulting arrangement has the reasonable expectation of successfully providing the arrangement of Jiang with a working and known in the art PTC heating element thermistor as taught by Taurino that will provide the advantage of being less prone to overheating. Claim 17 The modified arrangement of Jiang by the teachings of Taurino discloses: “The aerosol generation system according to claim 16, wherein the PTC heater includes barium titanate (Taurino: Para54/61; Claim 26).” Claim 18 The modified arrangement of Jiang by the teachings of Taurino discloses: “The aerosol generation system according to claim 16, wherein a temperature of the heat generated by the heat generator is below 350°C (Taurino: Abstract, Para24; Claim 16/17, output temperature is less than 350 Celsius).” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN HUNTER JR whose telephone number is (571)272-5093. The examiner can normally be reached M-F, 9-18. 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, Ibrahime Abraham can be reached at (571) 270-5569. 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. /JOHN S HUNTER, JR/Examiner, Art Unit 3761
Read full office action

Prosecution Timeline

Oct 23, 2023
Application Filed
Sep 23, 2026
Non-Final Rejection mailed — §102, §103, §DOUBLEPATENT (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
83%
Grant Probability
99%
With Interview (+22.7%)
2y 6m (~0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 375 resolved cases by this examiner. Grant probability derived from career allowance rate.

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