Prosecution Insights
Last updated: October 02, 2026
Application No. 18/636,284

MATERIAL FOR FLAVOR INHALATION ARTICLE, HEATING-TYPE FLAVOR INHALATION ARTICLE, AND PRODUCTION METHOD FOR MATERIAL FOR FLAVOR INHALATION ARTICLE

Non-Final OA §102
Filed
Apr 16, 2024
Priority
Oct 18, 2021 — JP 2021-170059 +2 more
Examiner
YAARY, ERIC
Art Unit
Tech Center
Assignee
Japan Tobacco Inc.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
1m
Est. Remaining
77%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
646 granted / 875 resolved
+13.8% vs TC avg
Minimal +3% lift
Without
With
+3.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
37 currently pending
Career history
912
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
57.2%
+17.2% vs TC avg
§102
15.1%
-24.9% vs TC avg
§112
17.4%
-22.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 875 resolved cases

Office Action

§102
DETAILED ACTION Election/Restrictions Applicant’s election without traverse of claims 1, 3, 5, and 6 in the reply filed on 8/24/2026 is acknowledged. 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. Claims 1, 3, 5, and 6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Deforel (US 2021/0329964). Regarding claim 1, Deforel teaches material for a flavor inhalation article, the material being a material formed by mixing tobacco (a cellulosic base material) with nicotine [0026, 0103], wherein the material for a flavor inhalation article is a tobacco sheet for a non-combustion heating-type flavor inhalation article [0008, 0105], and the tobacco sheet has a plurality of parallel corrugations (cross section of the tobacco sheet in a thickness direction thereof has a corrugated shape) [0053, 0057]. Regarding claim 3, Deforel teaches the tobacco sheet further comprises an aerosol former (aerosol-source material) [0039]. Regarding claim 5, Deforel teaches non-combustion heating-type flavor inhalation article comprising a tobacco-containing segment that comprises the material for a flavor inhalation article according to claim 1 [0031, 0058]. Regarding claim 6, Deforel teaches non-combustion heating-type flavor inhalation system comprising: the non-combustion heating-type flavor inhalation article according to claim 5; and a heating device that heats the tobacco-containing segment [0095]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC YAARY whose telephone number is (571)272-3273. 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, Philip Louie can be reached at (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. /ERIC YAARY/Examiner, Art Unit 1755
Read full office action

Prosecution Timeline

Apr 16, 2024
Application Filed
Sep 08, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

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AEROSOL GENERATION DEVICE, DRY BURNING DETECTION METHOD, AND COMPUTER PROGRAM PRODUCT
2y 12m to grant Granted Sep 08, 2026
Patent 12727623
Aerosol Generation Device Power System Comprising Two Battery Cells
2y 8m to grant Granted Sep 08, 2026
Patent 12708134
A METHOD OF PROCESSING TOBACCO FINES INTO A NON-CONTINUOUS TOBACCO MATERIAL
3y 5m to grant Granted Aug 18, 2026
Patent 12702168
VAPORIZATION CONTROL METHOD AND VAPORIZATION DEVICE
3y 1m to grant Granted Aug 11, 2026
Patent 12696927
AEROSOL-GENERATING ARTICLE HAVING A WRAPPER
3y 2m to grant Granted Aug 04, 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
77%
With Interview (+3.3%)
2y 7m (~1m remaining)
Median Time to Grant
Low
PTA Risk
Based on 875 resolved cases by this examiner. Grant probability derived from career allowance rate.

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