Prosecution Insights
Last updated: October 22, 2026
Application No. 18/580,074

AN AEROSOL-GENERATING DEVICE COMPRISING A DETACHABLE HOUSING PORTION

Final Rejection §103
Filed
Jan 17, 2024
Priority
Jul 21, 2021 — EU 21187008.4 +1 more
Examiner
MARTIN, JOHN MITCHELL
Art Unit
1755
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Philip Morris International Inc.
OA Round
2 (Final)
24%
Grant Probability
At Risk
3-4
OA Rounds
8m
Est. Remaining
33%
With Interview

Examiner Intelligence

Grants only 24% of cases
24%
Career Allowance Rate
15 granted / 62 resolved
-40.8% vs TC avg
Moderate +9% lift
Without
With
+8.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
50 currently pending
Career history
127
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
68.3%
+28.3% vs TC avg
§102
16.2%
-23.8% vs TC avg
§112
15.1%
-24.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 62 resolved cases

Office Action

§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 16-33 are pending and are subject to this Office Action. Response to Amendments The amendments to the claims filed on August 4, 2026 are acknowledged. Response to Arguments Applicant' s arguments, see pgs 2-9, filed August 4, 2026, with respect to the rejection(s) of claims 16-33 under 35 U.S.C. 103 have been fully considered but they are not persuasive. On pg. 3-5, Applicant argues that the alleged combination of Li and Blick does not disclose the feature: “wherein the first housing portion defines an opening at an end of the cavity, and wherein the opening is positioned at a first end of the first housing portion” because Examiner has mapped the outer surfaces of power module 200, module 300, and mouthpiece 600 to the first housing portion, while outlet 406 of cylindrical channel 403 (cavity) is not positioned at the first (upper end) of the mouthpiece 600. Examiner respectfully disagrees with the argument because on the Non-Final Rejection dated 5/4/2026, Examiner has mapped the mouthpiece outlet 608 to the “opening at an end of the cavity”. As the inlet end 606 of the mouthpiece 600 is for connecting to the outlet end (outlet 406) of a module of the first module type 300a (Blick, [0055], Figs. 2-5), the mouthpiece channel 604 functionally extends the cylindrical channel 403 (cavity) to mouthpiece outlet 608. Additionally, making two elements integral (such as module 300 and mouthpiece 600) is an obvious modification (see MPEP § 2144.04 IV B). Further, mouthpiece 600 is an optional component (Blick, [0023], Fig. 1), and its omission would yield an opening (outlet 406) at the first (upper) end of the first housing portion. Therefore, the arguments are unpersuasive. On pg. 6-8, Applicant argues that the stated objective of providing additional modularity for combining Li with Blick does not supply the particular spatial relationship recited in claim 16. Modularity may provide a reason to connect one component in place of another, but it does not show that the resulting combination would have the claimed arrangement. The rejection therefore identified a reason for substitution at a general level without showing that the asserted substitution would yield the opening and first end relationship recited in Applicant's claim 16. The modification would not establish that outlet 406 is positioned at a first end of a first housing portion that also contains Li's controller, particularly when Blick's mouthpiece 600 is connected downstream of outlet 406. Examiner respectfully disagrees with the arguments because Li states that the controller positioned within the first housing portion (Li, [0041]-[0044], Figs. 1-2; The outer surface of electronic cigarette controller 6 (first housing portion) contains a controller), and that the first housing portion comprises an atomizer located above the controller (Li, [0041]-[0044], Figs. 1-2; Controller 6 and Atomizer cooperate via atomizer connection interface 5 to form a first housing portion). As motivated by the disclosure in Blick that a connection interface of a controller can electrically connect to either an atomizer or a module for heating a solid aerosol forming substrate to provide additional modularity to the device (Blick, [0050]-[0065], Fig. 1-4), one of ordinary skill in the art would have been motivated to position module 300 of Blick at the atomizer connection interface 5 of Li to supply electrical power to module 300. As described above, such a configuration would yield an opening (mouthpiece outlet 608 or outlet 406) located at the first (upper) end of the first housing portion. As such, the arguments are unpersuasive. 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. Claims 16-32 are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 106263034 A, Cited on the IDS dated 1/17/2024, English Translation) in view of Blick (US 2021/0137164 A1). Regarding Claim 16, Li, directed to aerosol generating devices ([0002]-[0005], [0017], The electronic cigarette comprises an atomizer configured to aerosolize a liquid), teaches an aerosol-generating device ([0041], Fig. 1; The electronic cigarette (aerosol-generating device) of the present invention includes an electronic cigarette atomizer (not shown), an electronic cigarette controller 6, and an electronic cigarette removable battery 4), comprising: a housing comprising a first housing portion ([0041]-[0044], Figs. 1-2; The electronic cigarette (aerosol-generating device) of the present invention includes an atomizer (not shown), controller 6, and a removable battery 4. Controller 6 and Battery 4 each have separate housings delimited by their outer surfaces as shown in Figs. 1-2. Atomizer must necessarily comprise a housing (its outer surfaces). Controller 6 and Atomizer cooperate via atomizer connection interface 5 to form a first housing portion); a second housing portion configured for removable attachment to the first housing portion ([0042], Figs. 1-2; The outer surface of electronic cigarette controller 6 (first housing portion) and the outer surface of removable electronic cigarette battery 4 (second housing portion) are connected by a locking device and an electrical connection mechanism to enable the removal and replacement of the electronic cigarette battery); an atomizer positioned within the first housing portion ([0041]-[0044], Figs. 1-2; Controller 6 and Atomizer cooperate via atomizer connection interface 5 to form a first housing portion); a power supply positioned within the second housing portion ([0041]-[0044], Figs. 1-2; The outer surface of removable electronic cigarette battery 4 (second housing portion) contains a battery); and a controller positioned within the first housing portion ([0041]-[0044], Figs. 1-2; The outer surface of electronic cigarette controller 6 (first housing portion) contains a controller), wherein the controller is configured to control a supply of power from the power supply to the atomizer when the second housing portion is attached to the first housing portion ([0041], Figs. 1-4; The electronic cigarette controller 6 in Figure 1 is equipped with an atomizer connection interface 5, which is used to lock the connection with the atomizer to realize the function of electronic cigarette. The electronic cigarette controller 6 has a push-button switch 1, an adjustment button 2, and a display screen 3 on its side, which are used for electronic cigarette smoking control, power adjustment, and status display, respectively. It is reasonably understood that the controller 6 controls a supply of power from battery 4 to the atomizer when the outer surface of removable electronic cigarette battery 4 (second housing portion) is attached to the outer surface of electronic cigarette controller 6 (first housing portion)), wherein the controller comprises a connection interface configured to connect to an atomizer ([0041]-[0044], Figs. 1-2; Atomizer connection interface 5), but does not teach the device wherein the first housing portion defines a chamber configured to receive an aerosol-forming substrate, wherein the chamber defines a cavity configured to receive an aerosol-generating article, wherein the first housing portion defines an opening at an end of the cavity, and wherein the opening is positioned at a first end of the first housing portion, wherein the atomizer is an electric heater. Blick, directed to aerosol generating devices ([0002]), teaches an aerosol-generating device ([0021], Fig. 1; Aerosol provision device 100), comprising: a housing comprising a first housing portion ([0023], Fig. 1; The device 100 comprises a power module 200, a module 300 for containing a substance for generating an aerosol and a mouthpiece 600. The outer surfaces of power module 200, module 300, and mouthpiece 600 form a first housing portion), a controller positioned within the first housing portion ([0045], Fig. 4; Power module 200 comprises control circuitry 204 positioned within its outer surfaces); wherein the controller comprises an electrical connection interface, wherein the electrical connection interface is configured to connect to a module for heating a liquid aerosol forming substrate or a module for heating a solid aerosol forming substrate ([0050]-[0053], Figs. 1 and 4; Power module 200 further comprises a power module connection interface 206 for electrically connecting the power module 200 to a module of the first module type 300a or to a module of the second module type 300b. [0057]-[0061], Control circuitry 204 is electrically connected to module 300 via interface 206. [0024], [0028], The module of the first module type 300a is for heating a non e-liquid material (e.g. tobacco) to generate an inhalable aerosol and the module of the second module type 300b is for heating an e-liquid for generating an inhalable aerosol) wherein the module for heating a liquid aerosol forming substrate comprises an atomizer ([0034]-[0035], Fig. 3; Module 300b includes an atomizer); wherein the module for heating a solid aerosol forming substrate comprises an electric heater positioned within the first housing portion ([0027], Fig. 2; The module of the first module type 300a further comprises a heating arrangement 414 within housing 402. The heating arrangement 414 may be of any suitable type including a resistive heating arrangement, an inductive heating arrangement and a radiative heating arrangement), wherein a chamber configured to receive an aerosol-forming substrate is positioned within the first housing portion ([0025]-[0028], Fig. 2 shows a module 300 of the first module type 300a. Module 300a comprises a housing 402 defining a cylindrical channel 403 (chamber) configured to receive a material 408, which may comprise tobacco (an aerosol forming substrate)) wherein the chamber defines a cavity configured to receive an aerosol-generating article ([0025]-[0028], Fig. 2; Cylindrical channel 403 (chamber) defines a cavity configured to receive a material 408, which may comprise tobacco. [0026], Material 408 may be held within its own container (an aerosol-generating article)), wherein the first housing portion defines an opening at an end of the cavity, and wherein the opening is positioned at a first end of the first housing portion ([0028], Figs. 1-2; Mouthpiece 600 connects to the upper end of module 300. Mouthpiece 600 comprises a body 602 defining a channel 604 running along the length of the mouthpiece 600 from a mouthpiece inlet 606 to a mouthpiece outlet 608. The inlet end 606 of the mouthpiece 600 is for connecting to the outlet end of a module of the first module type 300a or to the outlet end of a module of the second module type 300b. Therefore, the first housing portion defines an opening at an end of the cavity of channel 403, and wherein the opening is positioned at a first (upper) end of the first housing portion). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the atomizer of the device of Li with the module for heating a solid aerosol forming substrate disclosed by Blick such that the first housing portion defines a chamber configured to receive an aerosol-forming substrate, wherein the chamber defines a cavity configured to receive an aerosol-generating article, wherein the first housing portion defines an opening at an end of the cavity, wherein the opening is positioned at a first end of the first housing portion, and wherein an electric heater is positioned within the first housing portion because Li and Blick are directed to aerosol generating devices, Li discloses that the controller comprises a connection interface configured to connect to an atomizer (Li, [0041]-[0044], Figs. 1-2; Atomizer connection interface 5), Blick demonstrates that a connection interface of a controller can electrically connect to either an atomizer or a module for heating a solid aerosol forming substrate (Blick, [0050]-[0061], Fig. 1-4), which provides additional modularity to the device for users who enjoy aerosols from liquid and solid aerosol forming substrates (Blick, [0065]), and this involves combining prior art elements according to known methods to yield predictable results. Regarding Claim 17, Li in view of Blick teaches the aerosol-generating device according to claim 16. Li further teaches the device wherein the housing further comprises an interface configured to attach the second housing portion to the first housing portion ([0043], Figs. 2-4; Controller 6 (first housing portion) is provided with a dovetail groove-shaped slide rail 9 on the side where it connects to the removable battery 4 (second housing portion), and a protruding locking platform 8 is provided at its bottom. An upwardly protruding electrical connection plug 7 is provided on the locking platform 8. The removable battery 4 of the electronic cigarette is provided with a dovetail-shaped slider 10 on the connecting side, and a concave locking platform 12 corresponding to the protruding locking platform 8 at the bottom of the electronic cigarette controller is provided on its bottom, and a concave electrical connection socket 11 is provided in the locking platform 12. Elements 7-12 cooperate to form the interface). Regarding Claim 18, Li in view of Blick teaches the aerosol-generating device according to claim 17. Li further teaches the device wherein the interface comprises a slot arranged to receive at least a part of the first housing portion or at least a part of the second housing portion ([0043], Figs. 2-4; Dovetail groove-shaped slide rail 9 forms a slot for receiving slider 10 of the removable battery 4 (second housing portion)). Regarding Claim 19, Li in view of Blick teaches the aerosol-generating device according to claim 17. Li further teaches the device wherein the interface comprises a latching element arranged to retain the second housing portion in releasable attachment with the first housing portion ([0043], Figs. 2-4; Concave locking platform 12 and protruding locking platform 8 form a latching element arranged to retain removable battery 4 (second housing portion) in releasable attachment with controller 6 (first housing portion)). Regarding Claim 20, Li in view of Blick teaches the aerosol-generating device according to claim 19. Li further teaches the device wherein the interface further comprises a release element arranged to disengage the latching element ([0043], Figs. 2-4; Concave locking platform 12 and protruding locking platform 8 are released from each other by sliding controller 6 and battery 4 in opposite directions. Therefore, platforms 8 and 12 can also be regarded as release elements). Regarding Claim 21, Li in view of Blick teaches the aerosol-generating device according to claim 17. Li further teaches the device wherein the interface comprises a first magnetic element on the first housing portion and a second magnetic element on the second housing portion, and wherein the second magnetic element is arranged to engage the first magnetic element when the second housing portion is attached to the first housing portion ([0045], Fig. 4; To achieve a reliable and safe connection between the electronic cigarette controller 6 (first housing portion) and the removable electronic cigarette battery 4 (second housing portion), a magnetic attraction mechanism is also provided at the upper end of the connection surface. This mechanism involves setting an attraction magnetic sheet 14 (first magnetic element) on the electronic cigarette controller 6 and an attraction magnetic sheet 13 (second magnetic element) on the connection surface of the dovetail-shaped slider of the removable battery 4). Regarding Claim 22, Li in view of Blick teaches the aerosol-generating device according to claim 16. Li further teaches the device wherein the first housing portion comprises a second end opposite the first end, and wherein the second housing portion is further configured for removable attachment to the second end of the first housing portion ([0042]-[0043], Figs. 1-4; Controller 6 (first housing portion) comprises a second end at its lower surface (the underside of controller 6 as shown in Fig. 2). The second end of controller 6 comprises a protruding locking platform 8. Battery 4 (second housing portion) comprises a concave locking platform, which is configured for removable attachment to protruding locking platform 8). Regarding Claim 23, Li in view of Blick teaches the aerosol-generating device according to claim 16. Li further teaches the device wherein the first housing portion comprises a second end opposite the first end and at least one sidewall extending between the first end and the second end ([0042]-[0043], Figs. 1-4; Controller 6 (first housing portion) comprises a second end at its lower surface (the underside of controller 6 as shown in Fig. 2). As shown in Fig. 4, controller 6 comprises slider 10 located on a sidewall between the first and second ends), and wherein the second housing portion is further configured for removable attachment to the at least one sidewall ([0042]-[0043], Figs. 1-4; Battery 4 (second housing portion) is configured for removable attachment to the slider 10 on the sidewall). Regarding Claim 24, Li in view of Blick teaches the aerosol-generating device according to claim 16. Li further teaches the device further comprising a first electrical contact positioned on the first housing portion and a second electrical contact positioned on the second housing portion, and wherein the second electrical contact is configured to engage the first electrical contact when the second housing portion is attached to the first housing portion ([0043], Figs. 2-4; The controller 6 (first housing portion) is provided with a protruding locking platform 8 is provided at its bottom. An upwardly protruding electrical connection plug 7 (first electrical contact) is provided on the locking platform 8. The removable battery 4 (second housing portion) of the electronic cigarette is provided with a concave locking platform 12 corresponding to the protruding locking platform 8 is provided on its bottom, and a concave electrical connection socket 11 (second electrical contact) is provided in the locking platform 12. The protruding locking platform 8 and the concave locking platform 12 are filled and locked in place respectively; the electrical connection plug 7 is a two-electrode plug and the electrical connection socket 11 is also a two-electrode socket, each with an elastic contact piece structure, which can achieve a safe and reliable electrical connection after insertion and connection). Regarding Claim 25, Li in view of Blick teaches the aerosol-generating device according to claim 24. Li further teaches the device wherein the controller is further configured to control the supply of power from the power supply to the electric heater via the first electrical contact and the second electrical contact when the second housing portion is attached to the first housing portion ([0041], Figs. 1-4; The electronic cigarette controller 6 in Figure 1 is equipped with an atomizer connection interface 5, which is used to lock the connection with the atomizer (electric heater) to realize the function of electronic cigarette. The electronic cigarette controller 6 has a push-button switch 1, an adjustment button 2, and a display screen 3 on its side, which are used for electronic cigarette smoking control, power adjustment, and status display, respectively. It is reasonably understood that the controller 6 controls a supply of power from battery 4 to the electric heater when the outer surface of removable electronic cigarette battery 4 (second housing portion) is attached to the outer surface of electronic cigarette controller 6 (first housing portion). [0043], As Li does not disclose any other electrical connections between controller 6 and battery 4 besides plug 7 and socket 11, it is reasonably understood that the controller 6 controls the supply of power via plug 7 and socket 11). Regarding Claim 26, Li in view of Blick teaches the aerosol-generating device according to claim 16. Li further teaches the device wherein the power supply is a rechargeable power supply, and wherein the aerosol-generating device further comprises a charging circuit positioned within the second housing portion and configured to control a supply of power received from an external device for recharging the power supply ([0024], [0046], Figs. 2-4; To enable removable batteries in e-cigarettes to be charged at any time, a USB port is provided on the e-cigarette battery 6 for charging. It is reasonably understood that that the USB port is connected to a charging circuit positioned within battery 6 (second housing portion) and configured to control a supply of power received from an external device for recharging battery 6). Regarding Claim 27, Li in view of Blick teaches the aerosol-generating device according to claim 16. Li further teaches the device wherein the power supply is a first power supply, and wherein the aerosol-generating device further comprises a third housing portion configured for removable attachment to the first housing portion and a second power supply positioned within the third housing portion ([0027], [0048], The electronic cigarette with a removable and replaceable battery, as designed in this invention, can be easily divided into three parts: an atomizer, a controller, and a battery. This allows the electronic cigarette to be powered by a spare battery when the battery is removed for charging, ensuring that the electronic cigarette can be used at any time. If a spare battery having the same construction as battery 4 as shown in Figs. 1-4 can be removably attached to controller 6, the spare battery necessarily comprises a third housing portion and a second power supply positioned within the third housing portion). Regarding Claim 28, Li in view of Blick teaches the aerosol-generating device according to claim 27. Li further teaches the device wherein the housing further comprises an interface configured to: attach the second housing portion to the first housing portion, and attach the third housing portion to the first housing portion ([0043], Figs. 2-4; Controller 6 (first housing portion) is provided with a dovetail groove-shaped slide rail 9 on the side where it connects to the removable battery 4 (second housing portion), and a protruding locking platform 8 is provided at its bottom. An upwardly protruding electrical connection plug 7 is provided on the locking platform 8. The removable battery 4 of the electronic cigarette is provided with a dovetail-shaped slider 10 on the connecting side, and a concave locking platform 12 corresponding to the protruding locking platform 8 at the bottom of the electronic cigarette controller is provided on its bottom, and a concave electrical connection socket 11 is provided in the locking platform 12. Elements 7-12 cooperate to form the interface. [0027], The spare battery (third housing portion) may replace removable battery 4 (second first housing portion)). Regarding Claim 29, Li in view of Blick teaches the aerosol-generating device according to claim 27. Li further teaches the device wherein the first power supply has a first electrical charge storage capacity, wherein the second power supply has a second electrical charge storage capacity, and wherein the first electrical charge storage capacity is different from the second electrical charge storage capacity ([0027], [0048], The electronic cigarette with a removable and replaceable battery, as designed in this invention, can be easily divided into three parts: an atomizer, a controller, and a battery. This allows the electronic cigarette to be powered by a spare battery when the battery is removed for charging, ensuring that the electronic cigarette can be used at any time. It also allows for the use of spare batteries with different (electrical charge storage) capacities to power the electronic cigarette according to the needs of different users). Regarding Claims 30-32, Li in view of Blick teaches the aerosol-generating device according to claim 29, but does not teach the device wherein a ratio of the first electrical charge storage capacity to the second electrical charge storage capacity is between 1.5 and 3, between 1.5 and 2.5, or between 1.7 and 2.3. The ratio of the first electrical charge storage capacity to the second electrical charge storage capacity would have been considered a result effective variable by one of ordinary skill in the art before the effective filing date of the invention because Li states that batteries with different capacities and voltage ratings can be used to meet the needs of different aerosol forming substrates and different atomization power of e-cigarettes (Li, [0048]). Therefore, the device’s range of heating capability is a variable which can be modified by the ratio of the first electrical charge storage capacity to the second electrical charge storage capacity. As such, without showing unexpected results, the claimed ratio of the first electrical charge storage capacity to the second electrical charge storage capacity cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized the ratio by routine experimentation to obtain the desired range of heating capability, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art (see MPEP § 2144.05, II). Claim 33 is rejected under 35 U.S.C. 103 as being unpatentable over Li (CN 106263034 A, Cited on the IDS dated 1/17/2024, English Translation) in view of Blick (US 2021/0137164 A1) as applied to Claim 27, and further in view of Yamada (US 2024/0000157 A1). Regarding Claim 33, Li in view of Blick teaches the aerosol-generating device according to claim 27, but does not teach the device wherein the second housing portion has a different size from the third housing portion. Yamada, directed to aerosol generating devices ([0002]), teaches a power supply unit for an aerosol generating device ([0028]-[0030], Figs. 1A-1B; Power supply unit 101), wherein the power supply unit may be dimensioned to accommodate for the size of the user’s hand ([0030], Figs. 1A-1B; Power supply unit 101 can be formed in a size which the user can grasp with one hand). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of Li in view of Blick wherein the second housing portion has a different size from the third housing portion because Li, Blick, and Yamada are directed to aerosol generating devices, Li states that the second housing portion and the third housing portions are power supply units (Li, [0048], Battery 4 and the spare battery supply power), Yamada demonstrates that a power supply unit may be dimensioned to accommodate for the size of the user’s hand (Yamada, [0030]), and one of ordinary skill in the art would be aware that different users have different hand sizes. As such, one of ordinary skill in the art would have been motivated to provide the second housing portion having a different size from the third housing portion to accommodate for different hand sizes. Further, the change in size, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV A. Conclusion THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00. 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, Philip Louie can be reached on (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. /J.M.M./ Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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Prosecution Timeline

Jan 17, 2024
Application Filed
May 04, 2026
Non-Final Rejection mailed — §103
Aug 04, 2026
Response Filed
Oct 15, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

3-4
Expected OA Rounds
24%
Grant Probability
33%
With Interview (+8.6%)
3y 5m (~8m remaining)
Median Time to Grant
Moderate
PTA Risk
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