Prosecution Insights
Last updated: April 19, 2026
Application No. 18/564,322

AEROSOL PROVISION DEVICE

Non-Final OA §102
Filed
Nov 27, 2023
Examiner
SZEWCZYK, CYNTHIA
Art Unit
1741
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Nicoventures Trading Limited
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
3y 0m
To Grant
84%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
692 granted / 939 resolved
+8.7% vs TC avg
Moderate +10% lift
Without
With
+9.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 0m
Avg Prosecution
40 currently pending
Career history
979
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
48.3%
+8.3% vs TC avg
§102
25.3%
-14.7% vs TC avg
§112
19.2%
-20.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 939 resolved cases

Office Action

§102
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 Rejections - 35 USC § 102 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)(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. Claim(s) 1-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BESSO et al. (WO 2020/182585). Besso teaches an aerosol provision device comprising an aerosol generating chamber (see figure 3); one or more heating elements (118, 120) arranged to heat, in use, an aerosol generating article located within the aerosol generating chamber; a control system (106) arranged to activate the one or more heating elements at a time T0 (S3 in figure 4A); and one or more valves (122, 124) arranged to prevent the onward transmission of aerosol generated within the aerosol generating chamber until a later time T1, wherein T1> T0 (S8 in figure 4A). Regarding claim 2, Besso teaches the one or more valves (124) are located at an exit region of the aerosol generating chamber (see figure 3) and are arranged to prevent aerosol from exiting the aerosol generating chamber until time T1 (S8 in figure 4A). Regarding claim 3, Figure 10 shows an aerosol holding chamber (642) located downstream of the aerosol generating chamber. Regarding claim 4, Besso teaches the one or more valves (666, 668) are located at an exit region of the aerosol holding chamber (see figure 10) and are arranged to prevent aerosol from exiting the aerosol holding chamber until time T1 (S8 in figure 4A). Regarding claim 5, Besso teaches the control system is arranged to selectively control the one or more valves according to one or more user determined settings (page 22 lines 5-9). Regarding claim 6, Besso teaches the aerosol provision device further comprises a mouthpiece (114). Regarding claim 7, figure 3 shows one or more aerosol flow paths arranged between an exit of the aerosol generating chamber or an exit of an aerosol holding chamber and the mouthpiece in order to direct or transmit aerosol which has been released by the one or more valves to the mouthpiece. Regarding claim 8, Besso teaches a plurality of aerosol generating regions (page 13 lines 24-30), wherein one or more or each aerosol generating region comprises at least one air supply hole (110) in fluid communication with an external atmosphere. Regarding claim 9, Besso teaches an aerosol provision system comprising an aerosol provision device (100) and an aerosol generating article (1) comprising portions of aerosol generating material. Regarding claim 10, Besso teaches at least some of the portions of aerosol generating material are substantially different (see figures 1 and 2). Regarding claim 11, Besso teaches the aerosol generating article comprises a substantially planar aerosol generating article (page 7 lines 9-10). Regarding claim 12, Besso teaches the planar aerosol generating article comprises a plurality of aerosol generating regions (page 10 line 7). Regarding claim 13, Besso teaches the aerosol generating article is located adjacent a plurality of heating elements (118, 120). Regarding claim 14, figure 10 shows in use, the aerosol generating article is located so that one or more aerosol generating regions are located adjacent a heating element, wherein the aerosol generating article is rotated or moved relative to the heating element so that one or more aerosol generating regions are moved into proximity to the heating element. Regarding claim 15, figures 4A and 4B show a method of generating an aerosol comprising providing an aerosol provision device; and using the one or more valves to prevent the onward transmission of aerosol generated within the aerosol generating chamber until a time T1, wherein T1> TO. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 am - 6 pm. 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, Alison Hindenlang can be reached at 571-270-7001. 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. /CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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Prosecution Timeline

Nov 27, 2023
Application Filed
Mar 21, 2026
Non-Final Rejection — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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2y 5m to grant Granted Apr 14, 2026
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Patent 12588712
AEROSOL PROVISION SYSTEM
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Patent 12588706
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Patent 12582169
ELECTRONIC VAPORIZATION DEVICE AND VAPORIZER THEREOF
2y 5m to grant Granted Mar 24, 2026
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
74%
Grant Probability
84%
With Interview (+9.9%)
3y 0m
Median Time to Grant
Low
PTA Risk
Based on 939 resolved cases by this examiner. Grant probability derived from career allow rate.

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