Prosecution Insights
Last updated: April 19, 2026
Application No. 18/563,136

AEROSOL GENERATING DEVICE

Non-Final OA §102§103
Filed
Nov 21, 2023
Examiner
DAVISON, CHARLOTTE INKERI
Art Unit
1755
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Kt&G Corporation
OA Round
1 (Non-Final)
52%
Grant Probability
Moderate
1-2
OA Rounds
3y 3m
To Grant
92%
With Interview

Examiner Intelligence

Grants 52% of resolved cases
52%
Career Allow Rate
14 granted / 27 resolved
-13.1% vs TC avg
Strong +40% interview lift
Without
With
+40.5%
Interview Lift
resolved cases with interview
Typical timeline
3y 3m
Avg Prosecution
53 currently pending
Career history
80
Total Applications
across all art units

Statute-Specific Performance

§101
1.3%
-38.7% vs TC avg
§103
49.5%
+9.5% vs TC avg
§102
16.6%
-23.4% vs TC avg
§112
19.3%
-20.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 27 resolved cases

Office Action

§102 §103
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. Status of the Claims Claims 1-15 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims. 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 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-2, 4, 6-7 and 15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Counts et al. (US 5954979 A) . Regarding claim 1, Counts teaches an aerosol generating device (reusable lighter 25; Figs. 1-2; col. 4, line 6) comprising: an inner cylinder (case sleeve 310; Figs. 6, 10; col. 11, lines 50-51) including an accommodation space (cigarette receiver 27; col. 4, lines 6-7; col. 11, line 56) for accommodating an aerosol generating article (cigarette 23; col. 4, line 5); a first support portion (cap piece 321; col. 11, line 54-56) arranged at an entrance of the accommodation space to support the aerosol generating article accommodated in the accommodation space (Fig. 10), the first support portion including an inlet passage (annular recess 322; col. 11, lines 56-65) through which external air is introduced into the accommodating space; a second support portion (terminal base piece 380 and terminal ring 382; col. 15, lines 3-5) arranged inside the accommodation space to support an end of the aerosol generating article, the second support portion including a transfer passage (bypass channel 390; col. 14, lines 25-28) through which air in the accommodation space flows into the aerosol generating article (Fig. 10; col. 16, lines 44-47); and a heater (heater elements 120/heater fixture 39 comprising heating elements 37; col. 6, lines 8-14; col. 6, lines 59-60) arranged inside the accommodation space to support an outer surface of the aerosol generating article and configured to generate heat to heat the aerosol generating article (col. 7, lines 9-11). Regarding claim 2, Counts teaches that an inner passage (outer annular passage 410; col. 14, lines 52-54) is formed between the inner cylinder and the heater such that air introduced into the accommodation space through the inlet passage of the first support portion flows to the second support portion (col. 16, lines 45-47). Regarding claim 4, Counts teaches a coupling portion (case cap 320; col. 11, line 52) coupled to the first support portion, wherein the coupling portion includes a first air hole (drawing port 324; col. 11, lines 63-65) through which air passing through the inlet passage of the first support portion is introduced into the accommodation space. Regarding claim 6, Counts teaches an upper ring (sealing rings 330, 340; col. 11, lines 58-63) coupled to the coupling portion, wherein the upper ring includes a second air hole (elongate ports 352; col. 12, lines 7-25) through which air moving through the first air hole of the coupling portion is introduced into the accommodation space, and one end of the heater is configured to be inserted into the upper ring such that the upper ring supports the heater (col. 14, lines 45-47). Regarding claim 7, Counts teaches that the first support portion 321, the coupling portion 320, the upper ring 330/340, the heater 120, and the second support portion 380 are configured to be connected to each other in a longitudinal direction in which the aerosol generating article 23 is inserted (see Figs. 6, 10), and the first air hole 324, the second air hole 352, and the transfer passage 390 are configured to be connected to each other in the longitudinal direction such that air introduced through the inlet passage 322 flows in the longitudinal direction (see Fig. 6). Regarding claim 15, Counts teaches that a thickness of at least a part of the inner cylinder decreases to obtain a sufficient flow amount of air to be accommodated in the accommodation space (see Annotated Fig. 1 ) . Annotated Figure SEQ Figure \* ARABIC 1 (annotated from Counts Fig. 10) 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness . 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 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Counts as applied to claims 1 and 4 above, and further in view of Felter et al. (US 20040089314 A1) . Regarding claim 3, Counts teaches a puff sensor (puff-actuated sensor 45; col. 4, line 66- col. 5, line 3) . Counts does not explicitly teach that the puff sensor is adjacent to the first support portion, wherein the first support portion further includes a puff sensing hole connected to the puff sensor. Felter , directed to an aerosol generating device (electrically heated cigarette smoking device 200; [0029]) comprising: an inner cylinder (see Annotated Fig. 2 ) for accommodating an aerosol generating article (cigarette 15; [0038]); a first support portion (see Annotated Fig. 2 ) including an inlet passage; a second support portion (see Annotated Fig. 2 ); and a heater (heater elements 130; [0039)] arranged inside the accommodation space to support an outer surface of the aerosol generating article and configured to generate heat to heat the aerosol generating article , teaches that the first support portion may further comprise an element (manifold arrangement 140; [0038]) with a puff sensing hole connected to the puff sensor (passageway 131 and puff sensing chamber 132; Fig. 8; [0038-0039]) . Annotated Figure SEQ Figure \* ARABIC 2 (annotated from Felter Fig. 8). Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Counts by rearranging the puff sensor to be adjacent to the first portion such that the first portion comprises a puff sensing hole as taught by Felter because both Counts and Felter are directed to aerosol generating devices comprising puff sensors, Felter teaches that placing the puff sensor adjacent to the first support portion is known in the art, and this involves substituting one alternative configuration of sensor placement for another to yield predictable results. Regarding claim 5, Counts teaches a puff sensor (puff-actuated sensor 45; col. 4, line 66- col. 5, line 3) . Counts does not explicitly teach (I) that the puff sensor is adjacent to the first support portion, wherein the first support portion further includes a puff sensing hole connected to the puff sensor or (II) that the sensing passage connecting the inlet passage to the puff sensor is formed by the coupling portion and the first support portion . Regarding (I), Felter , directed to an aerosol generating device (electrically heated cigarette smoking device 200; [0029]) comprising: an inner cylinder (see Annotated Fig. 2) for accommodating an aerosol generating article (cigarette 15; [0038]); a first support portion (see Annotated Fig. 2) including an inlet passage; a second support portion (see Annotated Fig. 2); and a heater (heater elements 130; [0039)] arranged inside the accommodation space to support an outer surface of the aerosol generating article and configured to generate heat to heat the aerosol generating article , teaches that the first support portion may further comprise an element (manifold arrangement 140; [0038]) with a puff sensing hole connected to the puff sensor (passageway 131 and puff sensing chamber 132; Fig. 8; [0038-0039]) . Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Counts by rearranging the puff sensor to be adjacent to the first portion such that the first portion comprises a puff sensing hole as taught by Felter because both Counts and Felter are directed to aerosol generating devices comprising puff sensors, Felter teaches that placing the puff sensor adjacent to the first support portion is known in the art, and this involves substituting one alternative configuration of sensor placement for another to yield predictable results. Regarding (II), Felter teaches that the puff sensor is connected to the airflow via holes 17 in the surface of the aerosol generating article to sense a pressure change ([0008]) . Counts teaches that a pressure change puff sensor may alternatively be a sensor sensitive to air flow upon initiation of a draw on the cigarette (col. 4, line 66-col. 5, line 3) . Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify the puff sensor of modified Counts by using an airflow sensor as taught by Counts, such as by forming the sensing passage by the coupling portion and the first support portion because Counts teaches that an airflow sensor is an alternative for a pressure change puff sensor, one having ordinary skill in the art would recognize that an air flow sensitive puff sensor would instead require connection to the inlet passage , rather than to a point of pressure change, and this involves substituting one alternative puff sensor configuration device for another to yield predictable results. Claims 8-12 are rejected under 35 U.S.C. 103 as being unpatentable over Counts as applied to claim 4 above, and further in view of Reevell (WO 2020074595 A1). Regarding claim 8, Counts does not explicitly teach an outer cylinder separated from the inner cylinder. Reevell directed to an aerosol generating device (aerosol generating device 100; Fig. 2; page 5, line 4) comprising an inner cylinder (thermally insulating layer 146; page 28, line 6) including an accommodation space (heating chamber 108; page 6, line 1) for accommodating an aerosol generating article (substrate carrier 114; page 11, line 22) and a heater (heater 124; page 21, line 15) arranged inside the accommodation space to support an outer surface of the aerosol generating article and configured to generate heat to heat the aerosol generating article, teaches an outer cylinder (insulating member 152 comprising double walled tube 154 with cavity 158 and base 156; page 6, lines 20-26) for additional insulation. Reevell further teaches a through-hole through which one or more wires (electrical connections 150) pass (Fig. 8; page 6, lines 30-31). Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Counts by adding the outer cylinder separated from the inner cylinder and comprising a through-hole through which one or more wires or magnetic field generators pass as taught by Reevell because both Counts and Reevell are directed to aerosol generating devices comprising inner cylinders and heaters, Reevell teaches that an outer cylinder would better insulate the inner portion, and this involves applying a known teaching to a similar device to yield predictable results. Regarding claim 9 , Reevell teaches that the outer cylinder includes an inner wall facing the inner cylinder, an outer wall separated from the inner wall toward an outside of the outer cylinder, and a heat insulation space (cavity 158) formed between the inner wall and the outer wall (double walled tube 154 with cavity 158; Fig. 2; page 6, lines 20-26) . Regarding claim 10 , Counts teaches that the inner cylinder 310 is configured to be inserted into a part of the coupling portion 320 to be supported by the coupling portion (Fig. 6), and the inner cylinder further includes one or more support bases 300 to be supported by the outer cylinder in a longitudinal direction in which the aerosol generating article is inserted (Fig. 6, Fig. 10) . Counts does not explicitly teach that the support base is in contact with an inner lower end of the outer cylinder. However, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Counts by extending the support base to contact the inner lower end of the outer cylinder as one having ordinary skill would recognize that upon adding the outer cylinder, it must contact some portion of the existing device (that is not the inner cylinder) in order to maintain spacing and secure configuration within the device. If two elements were not in contact, they would not be retained in place relative to one another. This would merely comprise c ombining prior art elements , namely the device of Counts and the outer cylinder of Reevell , according to known methods to yield predictable results . Regarding claim 11 , Reevell teaches a sealing portion (base 156) arranged on an outer lower end of the outer cylinder to prevent liquid from leaking (page 6, lines 29-31 describe that base 156 is a sealing, insulating material, which would be expected to be leak-proof), wherein the sealing portion includes a wiring passage through which one or more wires or magnetic field generators pass (Fig. 8; page 6, lines 30-31). Regarding claim 12 , Counts does not explicitly teach a temperature sensing wire. Reevell teaches using a temperature sensing wire (temperature sensor 170; page 23, lines 27-30) connected to the heater to better monitor and control the heater (page 24, lines 33-37) . Reevell teaches that this temperature sensing wire may be extended through a space between the inner cylinder and the outer cylinder and through the through-hole of the outer cylinder in order to connect to a control circuitry ( Reevell uses electrical connection tracks 150 to connect to other components such as the sensor (page 22, lines 8-9). It would reasonably be inferred that the temperature sensing wire is connected in the same manner. Reevell further depicts in that the wire 150 extends through a space between the inner and the outer cylinders and through the through-hole of the outer cylinder (Fig. 2)) . Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Counts by adding the temperature sensing wire connected to the heater and extending through a space between the inner cylinder and the outer cylinder and through the through-hole of the outer cylinder as taught by Reevell because both Counts and Reevell are directed to aerosol generating devices comprising heaters and inner cylinders, Reevell teaches that the addition of a temperature sensing wire may enable better monitoring and control of the heater, and this involves applying a known teaching to a similar device to yield predictable results. Claim s 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Counts as applied to claim 1 above, and further in view of Thorsen (WO 2020182741 A1) . Regarding claim 13 , Counts does not teach a magnetic field generator coupled to the inner cylinder and configured to generate an induction magnetic field toward the heater, wherein the heater includes a susceptor configured to generate heat in response to the induction magnetic field. Thorsen, directed to an aerosol generating device (aerosol provision device 100; Fig. 1; page 11, line 4) comprising an inner cylinder (insulating member 128; Figs. 5A-B; ) including an accommodation space for accommodating an aerosol generating article (article 110; page 16, line 31- page 17, line 2) and a heater (susceptor arrangement 132; page 17, lines 9-10) arranged inside the accommodation space to support an outer surface of the aerosol generating article and configured to generate heat to heat the aerosol generating article, teaches that the heater may be a susceptor and the inner cylinder 128 may be surrounded by a magnetic field generator (inductive coil 124, 224; page 14, lines 10-11; page 19, lines 1-2) configured to generate an induction magnetic field toward the heater such that the heater generates heat in response to induction. Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Counts by making the heater operate via magnetic induction heating by adding a magnetic field generator as taught by Thorsen, because both Counts and Thorsen are directed to aerosol generating devices comprising inner cylinders and heaters, Thorsen teaches an alternative heating configuration for devices of this type, and this involves substituting one alternative heating method/configuration for another to yield predictable results. Regarding claim 14, Counts does not explicitly teach a groove formed in an outside surface of the inner cylinder, wherein the magnetic field generator is mounted in the groove in the inner cylinder. However, Counts does teach a configuration in which a groove is formed on a surface of the inner cylinder for securing an element to the inner cylinder (see Annotated Fig. 3 , “groove portion”, in which heat reflector 412 is mounted). Annotated Figure 3 (annotated from Counts Fig. 10) . Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Counts by forming a groove in an outside surface of the inner cylinder in which to mount the magnetic field generator as Counts teaches that this is a known technique for mounting an element to the inner tube, one having ordinary skill in the art would recognize that a similar groove would help mount and retain the magnetic field generator, and this involves applying a known teaching to a different portion of the same device to yield predictable results. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT Charlotte Davison whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (703)756-5484 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT M-F 8:00AM-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, FILLIN "SPE Name?" \* MERGEFORMAT Philip Louie can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 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. /C.D./ Examiner, Art Unit 1755 /PHILIP Y LOUIE/ Supervisory Patent Examiner, Art Unit 1755
Read full office action

Prosecution Timeline

Nov 21, 2023
Application Filed
Mar 17, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12593867
VIBRATOR STRUCTURE, AND CARTRIDGE AND AEROSOL GENERATING DEVICE INCLUDING THE SAME
2y 5m to grant Granted Apr 07, 2026
Patent 12575611
ELECTRONIC VAPORIZATION DEVICE, POWER SUPPLY ASSEMBLY AND HOLDER THEREOF
2y 5m to grant Granted Mar 17, 2026
Patent 12575596
A SYSTEM AND METHOD OF USE INCLUDING A REMOVABLE INSERT FOR ROLLED SMOKING ARTICLE
2y 5m to grant Granted Mar 17, 2026
Patent 12550929
An Aerosol Generating Article and An Aerosol Generating System
2y 5m to grant Granted Feb 17, 2026
Patent 12550942
SESSION CONTROL SYSTEM
2y 5m to grant Granted Feb 17, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

AI Strategy Recommendation

Get an AI-powered prosecution strategy using examiner precedents, rejection analysis, and claim mapping.
Powered by AI — typically takes 5-10 seconds

Prosecution Projections

1-2
Expected OA Rounds
52%
Grant Probability
92%
With Interview (+40.5%)
3y 3m
Median Time to Grant
Low
PTA Risk
Based on 27 resolved cases by this examiner. Grant probability derived from career allow rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month