Prosecution Insights
Last updated: April 19, 2026
Application No. 18/550,800

AEROSOL-GENERATING DEVICE COMPRISING COVER ELEMENT WITH CAVITY

Non-Final OA §102
Filed
Sep 15, 2023
Examiner
FELTON, MICHAEL J
Art Unit
1747
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Philip Morris Products, S.A.
OA Round
1 (Non-Final)
59%
Grant Probability
Moderate
1-2
OA Rounds
4y 9m
To Grant
74%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allow Rate
287 granted / 486 resolved
-5.9% vs TC avg
Moderate +15% lift
Without
With
+14.8%
Interview Lift
resolved cases with interview
Typical timeline
4y 9m
Avg Prosecution
41 currently pending
Career history
527
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
58.1%
+18.1% vs TC avg
§102
18.6%
-21.4% vs TC avg
§112
18.8%
-21.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 486 resolved cases

Office Action

§102
CTNF 18/550,800 CTNF 82917 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 with traverse of group I (claims 16-24) in the reply filed on 3/04/2026 is acknowledged. The traversal is on the ground(s) that the restriction as presented was based on original PCT claims. The argument is moot, as the common technical feature is taught by Sayed et al. (US 2022/0183357). The requirement is still deemed proper and is therefore made FINAL. 08-05 Claims 25-29 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected groups/inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement as noted above. Claim Rejections - 35 USC § 102 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 16-18, 21, 23, and 24 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Sayed et al. (US 2022/0183357) . Regarding claim 16 and 24 , Sayed discloses Regarding claims 1-3 and 6-9, Sayed et al disclose a an aerosol generating device (100) including a housing (102) including a hole (104) for accommodating an aerosol-generating article and a guide (202) separated from the hole (104), and a lid/cover (108a) that moves between a first position ( open position ) and a second position ( closed position ) along the guide (202) in order to open and close the hole (104) [0019], wherein when the cover (108) is located in the first position, the hole (104) is opened, and when the lid/cover (108) is located in the second position, the hole (108) is closed (see, [0038], [0067-0080] and figures 9A-9E below). PNG media_image1.png 664 455 media_image1.png Greyscale The cover element (second portion, 108b, as illustrated in figure 7 below) creates a cavity below the cover where a busing (214, i.e. guide element) protrudes from the housing (216) and is received in the cover cavity. The busing is considered to be a leg and engages an elastic element (spring 206) as illustrated. PNG media_image2.png 582 542 media_image2.png Greyscale Regarding claim 17, it would have been inherent that a portion of the force created by the elastic element would have been in the downward direction in both the open and closed positions. Regarding claim 18, the cover element as illustrated in figure 7 above has protrusions on both sides of the long axis (204). These first and second protrusions engage recesses 202 on each side of the base and the first and second protrusion and recess engage each other when the element is in the closed position and the open position. Regarding claim 21, the cover element (108b as shown in figure 7 above) has a channel (the raised area between the protrusion along the edges of the long axis) that receives the leg of the guide element and engages and inner surface (the protrusion) of the guide slot. Regarding claim 23, the cover element as illustrated in figure 7 above has protrusions on both sides of the long axis (204) which are considered guide protrusions. These first and second protrusions engage recesses 202 (i.e. guide recesses) on each side of the base and the first and second protrusion and recess engage each other when the element is in the closed position and the open position . Allowable Subject Matter 12-151-08 AIA 07-43 12-51-08 Claim s 19, 20, and 22 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. 13-03-01 AIA The following is a statement of reasons for the indication of allowable subject matter: Regarding claim 19, the prior art does not disclose or suggest making the spring cavity hermetically closed with respect to an inner compartment of the housing. Regarding claim 20, the prior art does not disclose or suggest making the head of the leg with a width larger than the width of the leg. Regarding claim 22, while Sayed et al. disclose that the cover is composed of a bottom part and a top cap, the cavity element of Sayed et al. that receives the guide element is not between the top cap and bottom part. Instead, cavity element of Sayed et al. is below the bottom part. Therefore, the structure is disclosed or suggested by Sayed et al . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL J FELTON whose telephone number is (571)272-4805. The examiner can normally be reached Monday, Thursday-Friday 7:00-4:30, Wednesday 7:00-1:00. 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. /Michael J Felton/Primary Examiner, Art Unit 1747 Application/Control Number: 18/550,800 Page 2 Art Unit: 1747 Application/Control Number: 18/550,800 Page 4 Art Unit: 1747
Read full office action

Prosecution Timeline

Sep 15, 2023
Application Filed
Sep 15, 2023
Response after Non-Final Action
Mar 30, 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
59%
Grant Probability
74%
With Interview (+14.8%)
4y 9m
Median Time to Grant
Low
PTA Risk
Based on 486 resolved cases by this examiner. Grant probability derived from career allow rate.

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