Prosecution Insights
Last updated: October 02, 2026
Application No. 18/571,362

ARTICLE FOR USE IN A NON-COMBUSTIBLE AEROSOL PROVISION SYSTEM

Non-Final OA §102§103
Filed
Dec 18, 2023
Priority
Jun 18, 2021 — GB 2108780.4 +1 more
Examiner
NGUYEN, PHU HOANG
Art Unit
1747
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Nicoventures Trading Limited
OA Round
2 (Non-Final)
66%
Grant Probability
Favorable
2-3
OA Rounds
1y 1m
Est. Remaining
86%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
469 granted / 712 resolved
+0.9% vs TC avg
Strong +20% interview lift
Without
With
+19.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 10m
Avg Prosecution
43 currently pending
Career history
762
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
53.2%
+13.2% vs TC avg
§102
12.5%
-27.5% vs TC avg
§112
19.7%
-20.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 712 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 Claim Objections Claim 5 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only. See MPEP § 608.01(n). Accordingly, the claim 5 has not been further treated on the merits. Claim 7 is objected to under 37 CFR 1.75(c) as being in improper form because a multiple dependent claim should refer to other claims in the alternative only. See MPEP § 608.01(n). Accordingly, the claim 7 has not been further treated on the merits. 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, 4, 8-9 and 16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Reevell (WO 2017211600). Regarding claim 1, Reevell discloses an article for use in an aerosol provision system, comprising a distal end (the end of reference sign 205/305, figs. 10-11) for insertion into an aerosol-generating device and first and second sections of aerosol-generating material coaxially aligned along a longitudinal axis of the article, wherein said first section (205/305, figs. 10-11) is at said distal end and has a uniform cross-sectional area in a direction extending along the longitudinal axis, the cross-sectional area of the first section being smaller than the cross sectional area of the second section(204/304, figs. 10-11) remote from said distal end. Regarding claim 4, Reevell discloses the second section (204/304, figs. 10-11) has a uniform cross-sectional area in a direction extending along the longitudinal axis. Regarding claim 8, Reevell discloses the second section of aerosol generating material comprises a cavity or opening and the first section of aerosol-generating material is received within, and extends from said cavity or opening (see figs. 10-11). Regarding claim 9, Reevell discloses the article comprising a wrapping material wrapping said first and/or second sections of aerosol generating material (page 27). Regarding claim 16, Reevell discloses a mouth end (by reference signs 222/322, figs. 10-11) remote from said aerosol-generating material, said mouth end being configured to be placed between the lips of a user when the aerosol-generating material inserted into a non-combustible aerosol provision device. 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) 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Reevell (WO 2017211600) in view of Lavanchy (WO 2020115150). Regarding claim 10, Reevell does not expressly disclose the wrapping material are different between the first section and the second section. Lavanchy discloses wrapping material for an article wherein the wrapper can have different wrapping material for different sections of the article to prevent degradation for specific section (claim 1 and preferred embodiments illustrated by fig. 2). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to use the wrapper of Lavanchy for the article of Reevell. Regarding claim 11, Lavanchy discloses the wrapping material comprises a ferrous and/or heat conductive material (claim 1) Regarding claim 12, since Lavanchy discloses the wrapping material comprises heat conductive material (claim 1 of Lavanchy), the wrapping material is capable of being conductively heated to heat the aerosol-generating material. Regarding claim 13, Reevell discloses the wrapping material is permeable to air and is a mesh, is perforated or has openings (page 27, lines 17-24). Response to Arguments Applicant’s arguments filed 7/10/2026 have been considered but are moot in view of the new ground of rejection. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5. 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 5712703882. 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. /PHU H NGUYEN/ Examiner, Art Unit 1747
Read full office action

Prosecution Timeline

Dec 18, 2023
Application Filed
Apr 10, 2026
Non-Final Rejection mailed — §102, §103
Jul 10, 2026
Response Filed
Sep 23, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12733679
AEROSOL GENERATING DEVICE AND CONTROL METHOD
3y 3m to grant Granted Sep 15, 2026
Patent 12727615
COMBUSTIBLE HEAT SOURCE FOR SMOKING ARTICLE AND SMOKING ARTICLE COMPRISING SAME
3y 4m to grant Granted Sep 08, 2026
Patent 12714149
SUSCEPTOR FOR VAPOR GENERATION APPARATUS, VAPOR GENERATION APPARATUS, AND TEMPERATURE MEASUREMENT APPARATUS
3y 5m to grant Granted Aug 25, 2026
Patent 12690606
TOBACCO-CONTAINING SMOKING ARTICLE
2y 4m to grant Granted Jul 28, 2026
Patent 12677868
SMOKING ARTICLE
1y 10m to grant Granted Jul 14, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

2-3
Expected OA Rounds
66%
Grant Probability
86%
With Interview (+19.7%)
3y 10m (~1y 1m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 712 resolved cases by this examiner. Grant probability derived from career allowance rate.

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