Prosecution Insights
Last updated: April 19, 2026
Application No. 18/643,716

AEROSOL DELIVERY DEVICE

Final Rejection §102§103
Filed
Apr 23, 2024
Examiner
NORTON, JOHN J
Art Unit
3761
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Rai Strategic Holdings Inc.
OA Round
4 (Final)
67%
Grant Probability
Favorable
5-6
OA Rounds
3y 4m
To Grant
96%
With Interview

Examiner Intelligence

Grants 67% — above average
67%
Career Allow Rate
449 granted / 669 resolved
-2.9% vs TC avg
Strong +29% interview lift
Without
With
+29.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
57 currently pending
Career history
726
Total Applications
across all art units

Statute-Specific Performance

§101
1.5%
-38.5% vs TC avg
§103
43.8%
+3.8% vs TC avg
§102
17.5%
-22.5% vs TC avg
§112
31.3%
-8.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 669 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 . Response to Arguments Applicant’s arguments filed 18 February 2026 have been fully considered but they are not persuasive. Applicant argues that the drawings do not warrant the objection because fig. 1 shows at least a controller 108 and/or actuator 110 disposed between the power source 104 and the reservoir 214 (p. 11). Firstly, controller 108, at least as depicted in fig. 1, is far from between the power source 104 and reservoir 214. Secondly, the embodiment in fig. 1 does not have a fixed mouthpiece, which is evident given that the mouthpiece 220 is retracted and inaccessible in fig. 1 (cf. fig. 2). Therefore, the objection to the drawings is maintained. With respect to the prior art rejection of the claims in view of Yoon, Applicant argues that Yoon’s element 62 does not disclose a reservoir with an opening along a central axis of the reservoir from the top end and toward the bottom end as now claimed (p. 12). The Office points out that the previous rejection cited to “at 62” for the reservoir, which was supposed to suggest the structure immediately surrounding 62; the Office apologizes for the lack of clarity. While the Office understands that the “reservoir” 62 of Yoon, as an absorbent material such as cotton, in a plain sense does not have this feature, this absorbent material 62 is housed in a structure immediately surrounding it that does have an opening along a central axis as claimed, in a manner similar to Applicant’s reservoir 214 that Applicant mentions in the arguments. Applicant may object that the presence of the absorbent material in Yoon blocks such a claimed opening, but this argument would have a few issues. Firstly, in the art, an opening would fairly be considered to not be blocked if fluid may still flow through the passageway, which is the case with the absorbent material 62 in Yoon. Secondly, plainly, the structure immediately surrounding the absorbent material, on its own, has the opening as claimed, as it does not strictly seem that the claim requires that the opening be somehow unobstructed. Thirdly, in Applicant’s own example of the structure of reservoir 214 in fig. 3, this reservoir itself has some block along its vertical axis given the presence of liquid transport element 238 (surely also having an absorbent material, albeit differently shaped from Yoon) and heating element 240. Therefore, the rejection has been updated to replace “at” the absorbent material 62 with the structure immediately surrounding the absorbent material 62 as the element cited to show the claimed reservoir. Drawings The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the at least one further component disposed between the power source and the reservoir in an aerosol delivery device with a fixed mouthpiece as per claims 43 and 68 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance. Specification Applicant is reminded of the proper content of an abstract of the disclosure. A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art. If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives. Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps. Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length. See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts. Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. The abstract of the disclosure is objected to because it includes extensive mechanical details. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b). The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification. 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)(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. Claims 21, 22, 24–26, 28–30, 32, 34–36, 39–42, 44, and 49 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoon (KR 20-2011-0003499 U). Claim 21: Yoon discloses an aerosol delivery device comprising: a housing (10) defining a bottom and a top that are oppositely disposed from one another, first and second sides that are oppositely disposed from one another, and a front and a rear that are oppositely disposed from one another to form a non-cylindrical shape (see figs. 1 and 2); one or more components disposed within the housing, the one or more components comprising: a power source (20), a reservoir (the structure immediately surrounding 62) containing an aerosol precursor composition (“liquid cigarette,” “liquid tobacco”), the reservoir defining a top end and a bottom end with an opening extending along a central axis of the reservoir from the top end toward the bottom end (see fig. 4), and an atomizer (52) operatively arranged to receive power from the power source and aerosolize the aerosol precursor composition contained in the reservoir to form an aerosol, wherein the power source is arranged laterally adjacent to the reservoir within the housing (see 20 and 62 in fig. 4); an opening arranged along the top of the housing through which the aerosol is passed (at 64, see fig. 4), and a fixed mouthpiece (64) extending from the top of the housing with the opening being arranged in the fixed mouthpiece (see fig. 4). Claim 22: Yoon discloses that the bottom and the top are substantially equal in length, and the first and second sides are substantially equal in length (appreciable from the figures; the term “substantially” bridges the gap evident between the top and bottom). Claim 24: Yoon discloses that a central axis extends longitudinally through the housing (a conceptual central longitudinal axis is appreciable from the figures). Claim 25: Yoon discloses that the opening is offset from the central axis along the top of the housing (plainly evident given 64 in the figures). Claim 26: Yoon discloses that the front and the rear are substantially planar surfaces (the figures show these surfaces as substantially planar). Claim 28: Yoon discloses that the mouthpiece is removable and replaceable relative to the housing (clearly illustrated in fig. 3; also described in the specification, “the heat generating means 50 and the cartridge 60 are combined with the main body 10 in the reverse order of the above-described method”). Claim 29: Yoon disclose that the reservoir comprises a porous reservoir substrate (absorbent material 62). Claim 30: Yoon discloses that the reservoir comprises an outer body (54) containing the porous reservoir substrate. Claim 32: Yoon discloses that the reservoir is arranged within the housing such that the opening in the top end of the reservoir is aligned with the opening in the housing (appreciable from figs. 3 and 4) and the bottom end of the reservoir is proximate the bottom of the housing (the bottom of 62 is aimed toward the bottom of the housing, see e.g. fig. 4). Claim 34: Yoon discloses that the atomizer is inserted in the opening of the reservoir (see 52 within 54 in fig. 4). Claim 35: Yoon discloses that the one or more components disposed within the housing further comprise positive and negative terminals that electrically connect the atomizer to the power source (as Yoon features a power source 20 which powers the atomizer 52, and as all of the components are disposed within the housing as depicted in fig. 4, and as positive and negative terminals are necessary and inherent with parts powered by a power source, Yoon discloses positive and negative terminals between the power source and atomizer within the housing as claimed). Claim 36: Yoon discloses that the one or more components disposed within the housing further comprise at least one of an input mechanism (80), an indicator, and a light emitter (“flashing LED member”). Claim 39: Yoon discloses that the aerosol precursor composition includes tobacco (“liquid tobacco”) and/or a glycol. Claim 40: Yoon discloses that one or more of: the bottom and top are parallel to one another, the first and second sides are parallel to one another, and the front and the rear are parallel to one another to form the non-cylindrical shape (Yoon discloses all of these features, as shown in the figures). Claim 41: Yoon discloses that the power source and the opening are arranged on separate axes that are parallel to each other (see 20 and 64 in fig. 4 able to have separate, parallel axes ascribed to them). Claim 42: Yoon discloses that the power source and the reservoir are arranged on separate axes that are parallel to each other (see 20 and 64 in fig. 4 able to have separate, parallel axes ascribed to them). Claim 44: Yoon discloses a user interface (80) configured to output information through an output device selected from the group consisting of a display, a speaker, and other output device (“The lighting of the LED member according to the operation of the control button 80 is normally lit by blue light, but when the liquid cigarette needs to be charged, or when the power supply means 20 needs to be charged, the red color is to be turned on”). Claim 49: Yoon discloses that the bottom, the top, the first and second sides, and the front and the rear of the housing are assembled in a fixed relationship with one another to form the non-cylindrical shape (clearly appreciable from the figures). 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. 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 23 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon (KR 20-2011-0003499 U). Yoon discloses that the first length is less than the second length (the figures clearly show the width being greater than the depth). Yoon does not exactly disclose that the housing is rectangular in cross-section because the corners of Yoon’s housing are significantly rounded. However, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to design Yoon such that its corners were not rounded merely as a design choice for aesthetics, thereby resulting in a rectangular cross-section as claimed. Claim 46 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon as applied to claim 21 above, and further in view of Felter et al. (US Pub. 2004/0200488). Yoon does not disclose a sensor configured to detect a pressure drop or flow of air associated with a draw on the mouthpiece, the sensor being positioned proximate the bottom of the housing and distal to one or both of the power source and the atomizer. However, Felter discloses a similar apparatus with a sensor configured to detect a pressure drop or flow of air (¶ 35, “flow sensor”) associated with a draw on a mouthpiece (18, 20). Felter discloses that this flow sensor is “mounted to the printed circuit board 60” (¶ 35). Furthermore, Yoon clearly depicts a circuit board (75) proximate the bottom of its housing and distal to one or both of the power source and the atomizer (see 75 in fig. 4). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to mount the flow sensor of Felter to the circuit board of Yoon to allow a user to automatically activate the vaporizer upon drawing sensed by the flow sensor. Claims 50–53, 55, 57, 59–61, 64–67, and 69 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon (KR 20-2011-0003499 U) in view of Felter et al. (US Pub. 2004/0200488). Claim 50: Yoon discloses an aerosol delivery device comprising: a housing (10) defining a bottom and a top that are oppositely disposed from one another, first and second sides that are oppositely disposed from one another, and a front and a rear that are oppositely disposed from one another, wherein the bottom, the top, the first and second sides, and the front and the rear of the housing are assembled in a fixed relationship with one another to form a non-cylindrical shape (see figs. 1 and 2); one or more components disposed within the housing, the one or more components comprising: a power source (20), a reservoir (the structure immediately surrounding 62) containing an aerosol precursor composition (“liquid cigarette,” “liquid tobacco”), the reservoir defining a top end and a bottom end with an opening extending along a central axis of the reservoir from the top end toward the bottom end (see fig. 4), and an atomizer (52) operatively arranged to receive power from the power source and aerosolize the aerosol precursor composition contained in the reservoir to form an aerosol, wherein the power source is arranged laterally adjacent to the reservoir within the housing (see 20 and 62 in fig. 4); an opening (at 64, see fig. 4) arranged along the top of the housing through which the aerosol is passed; and a fixed mouthpiece (64) extending from the top of the housing with the opening being arranged in the fixed mouthpiece (see fig. 4). Yoon does not disclose a flow sensor positioned proximate the bottom of the housing and distal to one or both of the power source and the atomizer. However, Felter discloses a similar apparatus with a flow sensor (¶ 35, “flow sensor”). Felter discloses that this flow sensor is “mounted to the printed circuit board 60” (¶ 35). Furthermore, Yoon clearly depicts a circuit board (30) proximate the bottom of its housing and distal to one or both of the power source and the atomizer (see 30 in fig. 4). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to mount the flow sensor of Felter to the circuit board of Yoon to allow a user to automatically activate the vaporizer upon drawing sensed by the flow sensor. Claim 51: Yoon discloses that the bottom and the top are substantially equal in a first length, and the first and second sides are substantially equal in length (appreciable from the figures; the term “substantially” bridges the gap evident between the top and bottom), and wherein the first length is less than the second length (the figures clearly show the width being greater than the depth). Yoon does not exactly disclose that the housing is rectangular in cross-section because the corners of Yoon’s housing are significantly rounded. However, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to design Yoon such that its corners were not rounded merely as a design choice for aesthetics, thereby resulting in a rectangular cross-section as claimed. Claim 52: Yoon discloses that a central axis extends longitudinally through the housing (a conceptual central longitudinal axis is appreciable from the figures), and that the opening is arranged offset from the central axis along the top of the housing (plainly evident given 64 in the figures). Claim 53: Yoon discloses that the front and the rear are substantially planar surfaces (the figures show these surfaces as substantially planar). Claim 55: Yoon discloses that the reservoir comprises an outer body (54) containing the porous reservoir substrate. Claim 57: Yoon discloses that the reservoir is arranged within the housing such that the opening in the top end of the reservoir is aligned with the opening in the housing (appreciable from figs. 3 and 4) and the bottom end of the reservoir is proximate the bottom of the housing (the bottom of 62 is aimed toward the bottom of the housing, see e.g. fig. 4). Claim 59: Yoon discloses that the atomizer is inserted in the opening of the reservoir (see 52 within 54 in fig. 4). Claim 60: Yoon discloses that the one or more components disposed within the housing further comprise positive and negative terminals that electrically connect the atomizer to the power source (as Yoon features a power source 20 which powers the atomizer 52, and as all of the components are disposed within the housing as depicted in fig. 4, and as positive and negative terminals are necessary and inherent with parts powered by a power source, Yoon discloses positive and negative terminals between the power source and atomizer within the housing as claimed). Claim 61: Yoon discloses that the one or more components disposed within the housing further comprise at least one of an input mechanism (80), an indicator, and a light emitter (“flashing LED member”). Claim 64: Yoon discloses that the aerosol precursor composition includes tobacco (“liquid tobacco”) and/or a glycol. Claim 65: Yoon discloses that one or more of: the bottom and top are parallel to one another, the first and second sides are parallel to one another, and the front and the rear are parallel to one another to form the non-cylindrical shape (Yoon discloses all of these features, as shown in the figures). Claim 66: Yoon discloses that the power source and the opening are arranged on separate axes that are parallel to each other (see 20 and 64 in fig. 4 able to have separate, parallel axes ascribed to them). Claim 67: Yoon discloses that the power source and the reservoir are arranged on separate axes that are parallel to each other (see 20 and 64 in fig. 4 able to have separate, parallel axes ascribed to them). Claim 69: Yoon discloses a user interface (80) configured to output information through an output device selected from the group consisting of a display, a speaker, and other output device (“The lighting of the LED member according to the operation of the control button 80 is normally lit by blue light, but when the liquid cigarette needs to be charged, or when the power supply means 20 needs to be charged, the red color is to be turned on”). Claims 33, 38, 43, 58, 63, and 68 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon as applied to claim 21, and Yoon in view of Felter as applied to claim 50 above, each further in view of Shin (US Pub. 2013/0167854). Claims 33 and 58: Yoon does not disclose that the one or more components disposed within the housing further comprise a flow tube extending through the opening in the reservoir to direct the aerosol entrained with air therethrough for passage through the opening in the housing. Yoon does not explicitly disclose how the mouthpiece draws air through the reservoir. However, Shin discloses a similar apparatus where one or more components disposed within a housing comprise a flow tube (221) extending through an opening in a reservoir (see fig. 5 showing tubular portion 221 extending into the entrance recess 321 of the reservoir of cartridge 3) to direct the aerosol entrained with air therethrough for passage through the opening in the housing. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to implement the flow tube of Shin into the reservoir of Yoon as a means of enabling the passage of air from the environment, though the reservoir, and through the mouthpiece to a user. Claims 38 and 63: Yoon does not disclose that the atomizer is a wire defining a plurality of coils that generate heat to heat the aerosol precursor composition and form the aerosol for passage through the opening. Yoon does not describe the exact structural form of its atomizer, and its figure is too generic to be relied upon. However, Shin discloses a similar apparatus where an atomizer is a wire defining a plurality of coils (heating coil 222; clearly understandable formed as a wire defining a plurality of coils given the multiply wound structure shown zoomed-in in fig. 12) that generate heat to heat an aerosol precursor composition and form the aerosol for passage through an opening (see ¶ 77). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to construct the atomizer of Yoon as a plurality of heating coils, as taught by Shin, as a known structural arrangement for a heater suitable for an aerosol delivery device. Claims 43 and 68: Yoon does not disclose at least one further component is disposed between the power source and the reservoir such that the power source is arranged laterally adjacent to the at least one further component and the reservoir. However, Shin discloses a similar apparatus where at least one further component (extra cartridge 3′, see fig. 4) is disposed between a power source (72, 73) and a reservoir (3) such that the power source is arranged laterally adjacent to the at least one further component and the reservoir (see 72 and 3 in fig. 4). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to add an extra cartridge, as taught by Shin, between the power source and reservoir of Yoon to provide a user with a convenient replacement cartridge. Claims 37 and 62 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon as applied to claim 21 above, and Yoon in view of Felter as applied to claim 50 above, each further in view of Shayan (US Pat. 6,772,756). Yoon does not disclose that the device comprises one or more operational modes. However, Shayan discloses a similar device that comprises one or more operational modes (col. 4, ll. 60–66). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to add the operational modes of Shayan to the device of Yoon to prevent unsafe power delivery to the heating element during charging. Claim 45 and 70 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon as applied to claim 44 above, and Yoon in view of Felter as applied to claim 69 above, each further in view of Liu (US Pub. 2013/0336358). Yoon does not disclose that its user interface is a display, the display having a display cover engageable therewith. However, user interface displays are already known in the art, as disclosed in Liu (display unit 72′), and before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to install the display of Liu into Yoon to provide useful information of measured temperature, quantity of electrical power, and ambient air temperature (¶ 50 of Liu). Claims 47 and 71 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon in view of Felter as applied to claims 46 and 50 above, each further in view of Newton (US Pub. 2013/0312776). Neither Yoon nor Felter disclose a flow sensor seal arranged to seal against the flow sensor. However, flow sensor seals are known in the art, as shown in Newton (pressure seal 50 for pressure sensor 46). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use a flow sensor seal, like that taught in Newton, to ensure that air properly flowed by the flow sensor of Felter implemented into Yoon. Claims 48 and 72 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon as applied to claim 21 above, and Yoon in view of Felter as applied to claim 50 above, each further in view of Johansen (US Pat. 3,981,069). Yoon is silent regarding one or more leads engaged with the power source, the leads being secured to the power source via tape wrapped around. However, Yoon features some electrical connection between the power supply 20 and the heating generating member 52 that makes leads necessary and inherent. Furthermore, it is generally known throughout the electrical arts that electrical connections, including power source connections, can be facilitated by tape. Johansen discloses an example of an invention that uses tape to connect a power source to an element (col. 5, lns. 1–10). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to employ the tape taught by Johansen to connect the power source leads of Yoon as a known and effective means of electrically connecting the parts which are surely produced separately. Conclusion Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, this action is made final. See MPEP § 706.07(a). 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 J. Norton whose telephone number is (571) 272-5174. The examiner can normally be reached 9:00 AM to 5:00 PM 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, Edward (Ned) F. Landrum can be reached at (571) 272-8648. 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. /JOHN J NORTON/Primary Examiner, Art Unit 3761
Read full office action

Prosecution Timeline

Apr 23, 2024
Application Filed
Dec 14, 2024
Non-Final Rejection — §102, §103
Mar 19, 2025
Response Filed
Jun 26, 2025
Final Rejection — §102, §103
Aug 29, 2025
Response after Non-Final Action
Sep 29, 2025
Request for Continued Examination
Oct 01, 2025
Response after Non-Final Action
Nov 15, 2025
Non-Final Rejection — §102, §103
Feb 18, 2026
Response Filed
Mar 14, 2026
Final Rejection — §102, §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
67%
Grant Probability
96%
With Interview (+29.1%)
3y 4m
Median Time to Grant
High
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