Prosecution Insights
Last updated: April 18, 2026
Application No. 18/565,357

AEROSOL GENERATING DEVICE AND OPERATING METHOD THEREOF

Non-Final OA §102§103
Filed
Nov 29, 2023
Examiner
BROWN, VERNAL U
Art Unit
2686
Tech Center
2600 — Communications
Assignee
Kt&G Corporation
OA Round
1 (Non-Final)
70%
Grant Probability
Favorable
1-2
OA Rounds
3y 2m
To Grant
80%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
817 granted / 1173 resolved
+7.7% vs TC avg
Moderate +10% lift
Without
With
+10.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
49 currently pending
Career history
1222
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
52.7%
+12.7% vs TC avg
§102
27.5%
-12.5% vs TC avg
§112
8.0%
-32.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1173 resolved cases

Office Action

§102 §103
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. DETAILED ACTION The application of Yong Hwan Kim for Aerosol Generating Device And Operating Method Thereof filed 11/29/23 has been examined. Claims 1-15 are pending. 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 -3,8,1 1 -12 is/are rejected under 35 U.S.C. 102 (a)(2) as being anticipated by Bouchuiguir US Patent Application Publication 20240206559. Regarding claim 1, Bouchuiguir teaches a n aerosol generating device comprising: a heater (202, paragraph 024) ; a battery configured to supply power to the heater (paragraph 025) ; a communication interface (206) connectable to an external device (paragraph 029) ; and a controller (204) configured to communicate with the external device (personal computing device) only after a preset external input is received while the communication interface is connected to the external device ( input from external device is for controlling the controller in order to control number of puffs, paragraph 038 , the controller control the operation of communication interface based on user input to the controller, paragraph 028, 033 ,038 ) . Regarding claim 2, Bouchuiguir teaches a user input unit configured to receive the external input ( user input control the number of puffs, paragraph 023 , 028,038 ). Regarding claim 3, Bouchuiguir teaches the user input unit comprises an operation button, and the external input is pressing the operation button a predetermined number of times ( user input set the predetermined number of puffs, the input comprises user operable buttons, paragraph 023 ,033, 038 ) . Regarding claim 8, Bouchuiguir teaches the communication interface is a wireless communication interface for wirelessly connecting with the external device (fig.2, paragraph 029) . Regarding claim 11, Bouchuiguir teaches a n operating method of an aerosol generating device including a heater (202, paragraph 024) and a battery supplying power to the heater (paragraph 025) , the operating method comprising: detecting a connection with an external device through a communication interface (paragraph 029) ; determining whether a preset external input is received through a user input unit while the detected connection is maintained; and communicating with the external device when the external input is received through the user input unit (paragraph 038) . Regarding claim 12, Bouchuiguir teaches the user input unit comprises an operation button, and the external input is pressing the operation button a predetermined number of times (user input set the predetermined number of puffs, the input comprises user operable buttons, paragraph 023,033, 038) . 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. Claim (s) 4 ,9 , and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bouchuiguir US Patent Application Publication 20240206559 in view of Kilger et al. US Patent Application Publication 20220016364. Regarding claim 4, Bouchuiguir teaches the user input unit comprises a touch screen for displaying a virtual keyboard (paragraph 023,033) but is silent on teaching the external input is a preset password. Kilger et al in an analogous art teaches the user external input comprises a password (paragraph 0151). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Bouchuiguir as disclosed by Kilger et al. because such modification represents an improvement over the system of , Bouchuiguir in order to increase the security aerosol generating device and further ensuring that only an authorized person can access the aerosol generating device. Regarding claim 9, Bouchuiguir is silent on teaching the wireless communication interface comprises any one of Bluetooth, Bluetooth Low Energy, Wi-Fi, and Zigbee. Kilger in an analogous art teaches the wireless communication interface comprises Bluetooth or Wi-Fi (paragraph 061). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Bouchuiguir as disclosed by Kilger et al. because the system of Bouchuiguir communicate with the external device using wireless means and Bluetooth and Wi-Fi represent a suitable wireless communication means for communicating between the aerosol generating device and an external device. Regarding claim 13, Bouchuiguir teaches the user input unit comprises a touch screen for displaying a virtual keyboard (paragraph 023,033) but is silent on teaching the external input is a preset password. Kilger et al in an analogous art teaches the user external input comprises a password (paragraph 0151). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Bouchuiguir as disclosed by Kilger et al. because such modification represents an improvement over the system of , Bouchuiguir in order to increase the security aerosol generating device and further ensuring that only an authorized person can access the aerosol generating device. Claim (s) 5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bouchuiguir US Patent Application Publication 20240206559 in view of Cook et al. US Patent Application Publication 20050007344. Regarding claim 5 and 14 , Bouchuiguir teaches the external device is a computer which include display and keyboard for inputting command (paragraph 029,038) but is not explicit in teaching displaying an execution screen of a syntax analysis program and the external input is a decryption approval command . Cook et al in an analogous art teaching teaches a computer displaying an execution screen of a syntax analysis program and the external input is a decryption approval command (paragraph 017). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Bouchuiguir as disclosed by Cook et al. because such modification represents an improvement over the system of Bouchuiguir by providing feedback to the user, Claim (s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bouchuiguir US Patent Application Publication 20240206559 in view of AW et al. US Patent Application 20240156159. Regarding claim 6, Bouchuiguir is silent on teaching the communication interface is a universal serial bus (USB) communication interface . Aw et al. in an analogous art teaches the communication interface is a universal serial bus (USB) communication interface (paragraph 0232). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Bouchuiguir as disclosed by AW because such modification represents the substitution of one communication interface for another for providing the predictable result of proving a communication link between the aerosol generating device and the external device. Claim (s) 7 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bouchuiguir US Patent Application Publication 20240206559 in view of Cattoni et al. US Patent Application Publication 20240324672 and further in view of Montgomery US Patent Application Publication 20220370735 . Regarding claim s 7 and 15 , Bouchuigui is silent on teaching the controller is further configured to, if the external input is not received through the user input unit within a preset time after a connection between the communication interface and the external device is detected, receive external power through the communication interface and perform a charging operation for the battery with the received external power. Cattoni et al. in an analogous art teaches using the USB communication interface to charge the battery of the aerosol generating device (paragraph 027,055) but is silent on teaching the controller is further configured to, if the external input is not received through the user input unit within a preset time after a connection between the communication interface and the external device is detected . Montgomery et al. in an analogous art teaches sensor for detecting and switching between the input power and data (paragraph 041,0154). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Bouchuigui as disclosed by C a ttoni in view of Montgomery because such modification represents an improvement over the system of Bouchuiguir by allowing the same interface to be used for data input and charging of the battery. Claim (s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bouchuiguir US Patent Application Publication 20240206559 in view Mironov US Patent Application Publication 20170095003. Regarding claim 10, Bouchuiguir is silent on teaching a memory configured to store a plurality of heating profiles of the heater. Mironov in an analogous art teaches a memory configured to store a plurality of heating profiles of the heater (paragraph 042-043). It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the system of Bouchuiguir as disclosed by Mironov because such modification represents an improvement over the system Bouchuiguir by providing a more efficient heating element that is adjustable based on the inputted aerosol producing device. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT VERNAL U BROWN whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-3060 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday, 8AM-5PM, EST . 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 Steven Lim can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571 270 1210 . 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. /VERNAL U BROWN/ Primary Examiner, Art Unit 2686
Read full office action

Prosecution Timeline

Nov 29, 2023
Application Filed
Mar 21, 2026
Non-Final Rejection — §102, §103 (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
70%
Grant Probability
80%
With Interview (+10.4%)
3y 2m
Median Time to Grant
Low
PTA Risk
Based on 1173 resolved cases by this examiner. Grant probability derived from career allow rate.

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