Prosecution Insights
Last updated: May 04, 2026
Application No. 18/569,428

AEROSOL GENERATING DEVICE INCLUDING THERMAL INSULATOR

Non-Final OA §102§103
Filed
Dec 12, 2023
Priority
Aug 10, 2022 — RE 10-2022-0099713 +2 more
Examiner
EFTA, ALEX B
Art Unit
1745
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Kt&G Corporation
OA Round
1 (Non-Final)
59%
Grant Probability
Moderate
1-2
OA Rounds
7m
Est. Remaining
85%
With Interview

Examiner Intelligence

Grants 59% of resolved cases
59%
Career Allowance Rate
437 granted / 742 resolved
-6.1% vs TC avg
Strong +26% interview lift
Without
With
+26.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 12m
Avg Prosecution
58 currently pending
Career history
800
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
55.0%
+15.0% vs TC avg
§102
11.3%
-28.7% vs TC avg
§112
25.5%
-14.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 742 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. Claim Rejections - 35 USC § 103 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 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) 1 , 4, 6, 7- 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over LEE et al. (US 2020/0086068) in view of SHIMIZU (US 2011/0290269) . With respect to claim s 1 and 8 , LEE et al. discloses an aerosol generating device (Abstract; Title) comprising a heater, 1300/70 (Paragraph [0043], [0071]; Figures 1 and 3); a control unit, 1200 (Paragraph [0041]); electrical lines, 15 connected to the heater (Paragraph [0075]); a housing , 80, that does not conduct heat ([0100])(e.g., is thermally insulating ) (Figure 7; Paragraphs [0098]-[0108]) and comprises a first surface, a second surface opposite to the first surface and a side surface between the two; and a flange protruding from the second surface (See annotated figure 7, below). The flange represents a passage through which the heater passes and surrounding an inner circumference of the flange is a first seal, 21, and a second seal, 30, overlapping the first seal and heater (Figure 7, Paragraphs [0080]-[0087] ). 3781425 4943475 Flange protrudes from second surface towards first surface (as required by Claim 8) 0 Flange protrudes from second surface towards first surface (as required by Claim 8) 3190875 4576265 142875 2838450 First seal surrounding interior of flange 0 First seal surrounding interior of flange 1009650 3371850 304800 4410075 Passage through flange through which heater passes 0 Passage through flange through which heater passes 1323975 4095750 2114550 3876675 3924300 1000125 Side surface Side surface 3371850 1228725 4324350 3819525 Flange protruding from second surface 0 Flange protruding from second surface 3638549 3857625 0 0 4105275 2181225 Second surface Second surface 3609975 2381250 -38100 2152651 Second surface 0 Second surface 1314450 2571750 2324099 1133475 0 0 2838450 1123951 0 0 1905000 676275 First surface First surface LEE et al. does not explicitly disclose that the wire, per se, pass through the passage and that the wires connect to a PCB. SHIMIZU discloses a non-combustion smoking device (Abstract; Title). The heater, 1, penetrates the cigarette (in a similar manner to LEE et al. ) (Figure 4; Paragraph [0047]). Within the heater are the wires , 25 and 24, hat are sealed within the tube of the heater to prevent moisture from entering inside (Paragraph [0061]) (Figure 5). The wires are connected to a printed circuit board (PCB) along with a control circuit (Paragraphs [0044], [0045]; Figure 2). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the wires through the heater tube of LEE et al. , as taught by SHIMIZU so that the wires can be sealed and protected from moisture. Thus, the second seal overlaps the first seal and electrical lines. Moreover, it would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention , to connect the wires to a PCB, as taught by SHIMIZU so that control modules can be connected to the heater and other structures to control the functions of the device, including supplying power to the heater. With respect to claim 4, LEE et al. disclose that the second seal, 30, comprises a groove, 12, through which the electrical lines are at least partially received (Paragraph [0091]; Figures 5 and 7). With respect to claim 6 , LEE et al. shows that the first and second seal are separable from each other (Figure 4; Paragraphs [0092]-[0095]) With respect to claim 7 , LEE et al. discloses that the first and second seal comprise elastic material ( Paragraph [0076]). Specifically, the listed materials are polymers, metals and alloys. Every material has a modulus of elasticity, and are therefore implicitly elastic to a degree. With respect to claim 9, LEE et al. discloses that the device further comprises a temperature sensor (Paragraph [0054]). While it isn’t disclose that the temperature sensor measures a temperature of the heater, it would have been obvious to measure the temperature of the heater so as to prevent overheating of the heater. Moreover, it would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide an electrical line connected to the PCB so that the measured temperature can be detected by the controller on the PCB. With respect to claim 10 , LEE et al. discloses an insertion detection sensor to detect insertion of a cigarette (Paragraph [0054]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide an electrical line connected to the PCB so that the insertion of a cigarette can be detected by the controller on the PCB. 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) 11 and 14 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by LEE et al. (US 2020/0086068) . With respect to claim 11 , LEE et al. discloses an aerosol generating device (Abstract; Title) comprising a heater, 1300/70 (Paragraph [0043], [0071]; Figures 1 and 3); a control unit, 1200 (Paragraph [0041]); electrical lines, 15 connected to the heater (Paragraph [0075]); a housing, 80, that does not conduct heat ([0100])(e.g., is thermally insulating ) (Figure 7; Paragraphs [0098]-[0108]) and comprises a first surface, a second surface opposite to the first surface and a side surface between the two; and a flange protruding from the second surface (See annotated figure 7, below). The flange represents a passage through which the heater passes and surrounding an inner circumference of the flange is a first seal, 21, and a second seal, 30, overlapping the first seal and heater (Figure 7, Paragraphs [0080]-[0087]). 142875 2838450 First seal surrounding interior of flange 0 0 First seal surrounding interior of flange 1009650 3371850 0 0 304800 4410075 Passage through flange through which heater passes 0 0 Passage through flange through which heater passes 1323975 4095750 0 0 2114550 3876675 0 0 3924300 1000125 Side surface 0 0 Side surface 3371850 1228725 0 0 4324350 3819525 Flange protruding from second surface 0 0 Flange protruding from second surface 3638550 3857625 0 0 4105275 2181225 Second surface 0 0 Second surface 3609975 2381250 0 0 -38100 2152650 Second surface 0 0 Second surface 1314450 2571750 0 0 2324100 1133475 0 0 2838450 1123950 0 0 1905000 676275 First surface 0 0 First surface With respect to claim 14, LEE et al. disclose that the second seal, 30, comprises a groove, 12, through which the electrical lines are at least partially received (Paragraph [0091]; Figures 5 and 7). Allowable Subject Matter Claims 2, 3, 5, 12, 13 and 15 are 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. The following is a statement of reasons for the indication of allowable subject matter: As seen in annotated figure 7 of LEE et al. , above, the outer side of the flange does not contact any part of the seal, as required by claims 2, 3, 12 and 13. Moreover, LEE et al. also does not disclose that the first seal has an opening in which the second seal is at least partially within, as required by claims 5 and 15. The wires also must pass through this opening. FOURNIER et al. (US 2003/0154991) discloses an electrical smoking system (Abstract). The heater comprises walls, with one terminating into a flange (figure 3B, annotated below). However, FOURNIER et al. does not necessarily comprise a first structure, 300, surrounding the flange and a second structure overlapping with the first flange. However, these structures are not indicated as being seals, nor do they appears to be seals. Proposing such a modification would then necessitate using the claims as a roadmap to arrive at the claimed invention, and would thus require impermissible hindsight. 4324350 3609975 Second structure Second structure 3495675 3905250 4143375 5019675 First seal surrounding flange 0 First seal surrounding flange 3657600 4314825 THORSEN et al. (US 2020/0268053) discloses an apparatus for heating a smokable material (Abstract) having thermally insulated walls (Abstract). However, THORSEN et al. does not disclose the claimed flange and seals, per se. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT ALEX B EFTA whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (313)446-6548 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT 8AM-5PM EST M-F . 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 Tucker can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT 571-272-1095 . 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. /ALEX B EFTA/ Primary Examiner, Art Unit 1745
Read full office action

Prosecution Timeline

Dec 12, 2023
Application Filed
Mar 28, 2026
Non-Final Rejection — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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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
85%
With Interview (+26.0%)
2y 12m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 742 resolved cases by this examiner. Grant probability derived from career allowance rate.

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