Prosecution Insights
Last updated: October 01, 2026
Application No. 18/667,213

AEROSOL-GENERATING DEVICE

Non-Final OA §103
Filed
May 17, 2024
Priority
May 18, 2023 — RE 10-2023-0064652 +1 more
Examiner
DIYAN, OLUWATOSIN OLUWATUMININ
Art Unit
Tech Center
Assignee
KT&G Corporation
OA Round
1 (Non-Final)
27%
Grant Probability
At Risk
1-2
OA Rounds
9m
Est. Remaining
82%
With Interview

Examiner Intelligence

Grants only 27% of cases
27%
Career Allowance Rate
3 granted / 11 resolved
-32.7% vs TC avg
Strong +54% interview lift
Without
With
+54.2%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
47 currently pending
Career history
62
Total Applications
across all art units

Statute-Specific Performance

§101
1.9%
-38.1% vs TC avg
§103
70.5%
+30.5% vs TC avg
§102
14.1%
-25.9% vs TC avg
§112
12.7%
-27.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 11 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 1-14 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Drawings The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: [0109]: Humidity Sensor 138 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. 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 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 § 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. Claims 1, 2, 10, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 20200000981 A, hereinafter citations referring to English Machine Translation), and further in view of Kim (KR 20190058436 A, hereinafter citations referring to English Machine Translation) and Stura (US 20200128878 A1). PNG media_image1.png 602 323 media_image1.png Greyscale With regard to Claim 1, Lee, directed to an aerosol generator, teaches (i) a device comprising a housing (Fig. 1: #102). (ii) An auxiliary heating unit (Fig. 1: #112) is disposed in the housing [0024]. (iii) The device may further include a thermistor that receives heat from a heating coil and maps the temperature as the thermistor resistance rises [0061]. Although Lee teaches the thermistor in connection with the coil heater, it would have been obvious to one of ordinary skill in the art to apply Lee's known thermistor-based temperature sensing to the auxiliary heating unit, as both the coil and auxiliary heating unit are electrically controlled heating elements, to monitor the temperature of the auxiliary heater and provide feedback for controlling its operation. (iv) A battery (Fig. 1: #180) supplies power to the auxiliary heating unit (Fig. 1: #112) through the control unit [0004, 0026, 0032]. (v) The control unit is electrically connected to the battery and the auxiliary heating unit [0032], wherein the control unit supplies power to the auxiliary heating unit [0029, 0032]. The control unit senses the rate of temperature rise over time of the coil heater [0053], which may be performed using the thermistor [0061]. The temperature rise rate is sensed through separate signal lines [0053], which correspond to mapping of the temperature of the heater [0061]. When the heater's temperature rise rate is greater than a predetermined value, the control unit cuts off the voltage applied to the coil heater [0060]. As mentioned previously, the coil heater and auxiliary heating unit are both electrically controlled heating elements. Thus, it would've been obvious to apply the same temperature sensing technique to the auxiliary heating unit, and this merely involves the use of known technique to improve a similar device in the same way, yielding predictable results. Lee teaches all the limitations of the claims as set forth above, however Lee is silent to: The heater comprising a carbonaceous material A heater driving circuit electrically connected to the heater and the power supply In regards to i., Kim, directed to an electric heating type smoking device, teaches wherein a heating element may include carbon nanotube particles and graphite particles [0014] for low resistivity and an improved heating rate [0024]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heater of Lee to comprise carbonaceous material because both Lee and Kim are directed to improving heating in aerosol generating devices. Kim teaches a heating element comprising carbon particles for low resistivity and an improved heating rate [0024] and this merely involves applying a known material to a known heating element ready for improvement to yield predictable results. In regards to ii., Stura, directed to an aerosol generating device, teaches wherein the device comprises drive circuitry electrically connected to DC power sources and across the load network [0012]. The load arrangement comprises an inductor [0057], which is coupled to a susceptor, which heats the aerosol forming substrate [0054]. One of ordinary skill in the art would have found it obvious to apply the driving circuitry and connections of Stura to modified Lee to allow for efficient use of power supplied for the power sources [0013]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the device of modified Lee to comprise a heater driving circuit electrically connected to the heater and the power supply because both Lee and Stura are directed to electrically heated aerosol generating devices. Stura teaches drive circuitry connected to DC power sources and a susceptor to allow for efficient use of power supplied for the power sources [0013] and this merely involves the use of a known circuitry technique to improve similar devices in the same way. With regard to Claim 2, modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to: Wherein the carbonaceous material comprises at least one of graphene or carbon nanotubes Kim, directed to an electric heating type smoking device, teaches wherein a heating element may include carbon nanotube particles and graphite particles [0014] for low resistivity and an improved heating rate [0024]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heater of Lee to the carbonaceous material comprises at least one of graphene or carbon nanotubes because both Lee and Kim are directed to improving heating in aerosol generating devices. Kim teaches a heating element comprising carbon particles for low resistivity and an improved heating rate [0024] and this merely involves applying a known material to a known heating element ready for improvement to yield predictable results. With regard to Claim 10, Lee teaches (i) wherein the device may further include a thermistor that receives heat from the coil and maps the temperature as the thermistor resistance rises [0061], wherein the control unit senses the heater's temperature behavior through signal lines [0053]. (ii) Lee further teaches wherein the controllers sense the rate of temperature over time of the coil heater [0053]. When the temperature rise rate is greater than a predetermined value for a predetermined time after voltage is applied, the control unit cuts off voltage application to the heater [0055]. PNG media_image1.png 602 323 media_image1.png Greyscale With regard to Claim 11, Lee teaches wherein (i) the housing (Fig. 1: #102) comprises an internal space of a suction part (Fig. 1: #112, [0024]) that may have an opened end upon removing the lid (Fig. 1: #120, [0023]). (ii) The auxiliary heating unit (Fig. 1: #112) may be in the form of a cylindrical heater and surrounds the outside of the suction part (Fig. 1: #112, [0024]). Claims 3, 4, 5, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 20200000981 A, hereinafter citations referring to English Machine Translation), Kim (KR 20190058436 A, hereinafter citations referring to English Machine Translation), and Stura (US 20200128878 A1), as applied to claim 1 above, and further in view of Xia (CN 115226953 A, hereinafter citations referring to English Machine Translation). With regard to Claim 3, modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to: Wherein the heater driving circuit comprises: a first circuit electrically connected to a first terminal of the heater and configured to apply a first voltage having a constant magnitude to the first terminal of the heater A second circuit electrically connected to a second terminal of the heater and configured to apply a second voltage to the second terminal of the heater Wherein a magnitude of the second voltage is greater than or equal to 0V and less than or equal to a magnitude of the first voltage In regards to i. and iii., Xia, directed to a heating control method teaches (i) a second switch circuitry connected between a power supply and a first end of the heating assembly [0064]. When that path is active, Xia identifies U1tx as the heater's operating voltage and says it can be considered as the voltage of the power supply [0145]. Xia further teaches the importance of controlling the heating component based on its operating voltage and resistance to achieve precise constant-power control and teaches stabilizing the electrical operating conditions during successive time windows to improve constant power output accuracy [0103, 0118-0119]. One of ordinary skill in the art would have found it obvious to provide the first voltage U1tx of Xia at a constant magnitude, thereby providing a stable voltage reference for controlling the power supplied to the heating component, improving power control accuracy [0118-0019]. (iii) Xia further provides two heater voltage conditions, U1tx, which is the supply heating voltage and U2tx, which is a voltage obtained when current passes through the heating element [0145-0146]. Xia teaches wherein the reference resistor is several times the heater resistance and that voltage division occurs through the resistance arrangement [0148]. One of ordinary skill in the art would understand that because U2tx is produced by voltage division from the same positive supply, U2tx is a positive reduce voltage relative to U1tx, resulting in the claimed range. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heater driving circuit of modified Lee to comprise a first circuit electrically connected to a first terminal of the heater and configured to apply a first voltage having a constant magnitude to the first terminal of the heater and wherein a magnitude of the second voltage is greater than or equal to 0V and less than or equal to a magnitude of the first voltage because both Lee and Xia are directed to heating methods of aerosol generating devices. Xia teaches a switch circuitry and voltage division between two voltages with the goal of improving power control accuracy [0118-0019] and this merely involves applying a known connection technique to a known circuit ready for improvement to yield predictable results. In regards to ii., Stura teaches a load with first and second terminals, wherein a first drive circuitry is arranged to apply voltage to a first terminal, and a second drive circuitry is arranged to apply voltage to a second terminal [0102]. Stura further teaches that circuitry connected at opposite ends can form right and left side driving means, each including circuitry [0016]. One of ordinary skill in the art would have found it obvious to apply the second driver topology of Stura to provide a time varying voltage and allow efficient use of power supplied by the power sources [0013]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heater driving circuit of modified Lee to comprise a second circuit electrically connected to a second terminal of the heater and configured to apply a second voltage to the second terminal of the heater because both Lee and Xia are directed to heating methods of aerosol generating devices. Stura teaches drive circuitry connected at opposite ends of a load to provide a time varying voltage and allow efficient use of power supplied by the power sources [0013] and this merely involves applying a known circuit to a known driving circuit ready for improvement to yield predictable results. With regard to Claim 4, modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to: Wherein the second circuit comprises a first resistor connected to the power supply and the second terminal of the heater A switch connected to the first resistor Wherein the voltage applied to the second terminal of the heater varies depending on on/off operation of the switch Xia teaches (i) a reference resistor, that acting with another component, works to supply power to the heating component from the power supply [0143]. (ii) A third switching circuit is connected to the reference resistor [0143]. (iii) Xia further teaches two switch states that produce two different heater voltage conditions. During a heating period, the third switching circuit is powered off, and the heating component is energized [0142]. During a non-heating period, the third switching circuit is powered on, and the heating component and reference resistor are powered on and further uses a voltage divider [0143 & 0148], consequently changing the heater voltage. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the second circuit of modified Lee to comprise a first resistor connected to the power supply and the second terminal of the heater, switch connected to the first resistor, and wherein the voltage applied to the second terminal of the heater varies depending on on/off operation of the switch because both Lee and Xia are directed to heating methods in aerosol generating devices. Xia teaches a reference resistor connected to a switch that assists in controlling supply of power to a heating element to more accurately characterize the heating voltage of the heating element [0148] and this merely involves applying a known circuitry configuration to a known circuit ready for improvement to yield predictable results. In regards to i., Stura teaches providing respective driving circuitry at opposite terminals of an electrically driven load to provide a time-varying voltage and allow for efficient use of power supplied by the power sources [0012-0013]. It would have been obvious for one of ordinary skill in the art to combine the separate terminal connection of Stura to Lee, as modified by Xia, in order to provide controlled voltage application from that terminal while obtaining efficient use of supplied power. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the second circuit of modified Lee to comprise a first resistor connected to the power supply and the second terminal of the heater because both Lee and Stura are directed to improving control in aerosol generating systems. Stura teaches drive circuitry comprising a two terminal connection to provide a time-varying voltage and allow for efficient use of power supplied by the power sources [0012-0013] and this merely involves combining prior art elements according to known control methods to yield predictable results. With regard to Claim 5, Lee teaches wherein the controllers sense the rate of temperature over time of the coil heater [0053]. When the temperature rise rate is greater than a predetermined value for a predetermined time after voltage is applied, the control unit cuts off voltage application to the heater [0055]. As mentioned above, modified Lee includes the recited switch. It would have been obvious for one of ordinary skill in the art to control the on/off operation of that switch to perform Lee's disclosed interruption of power upon detection of changes in temperature because switches are known in the art for selectively making and breaking electrical path connections, yielding the predictable result of interrupting heater power. With regard to Claim 6, Lee teaches wherein the controllers sense the rate of temperature over time of a coil heater [0053]. When the temperature rise rate is greater than a predetermined value for a predetermined time after voltage is applied, the control unit cuts off voltage application to the heater [0055]. Modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to: The controller is configured to control on/off operation of the switch to apply the first voltage to the second terminal of the heater Xia teaches two switch states that produce two different heater voltage conditions. During a heating period, the third switching circuit is powered off, and the heating component is energized [0142]. During a non-heating period, the third switching circuit is powered on and connected to a reference resistor, to supply power to the heating component [0143] to improve poor heating power control accuracy of the device [0005]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of modified Lee to wherein, upon determining that the temperature increase rate is equal to or higher than the predetermined rate, the controller is configured to control on/off operation of the switch to apply the first voltage to the second terminal of the heater because both Lee and Xia are directed to controlling power in aerosol generating devices. Xia teaches an on and off state of a switching circuit to control power delivered to a heater to improve poor heating power control accuracy [0005 & 0042] and this merely involves applying a known switching technique to a known device ready for improvement to yield predictable results. Stura teaches a load with first and second terminals, wherein a first drive circuitry is arranged to apply voltage to a first terminal, and a second drive circuitry is arranged to apply voltage to a second terminal [0102]. Stura further teaches that circuitry connected at opposite ends can form right and left side driving means, each including circuitry [0060]. One of ordinary skill in the art would have found it obvious to apply the second terminal topology of Stura to provide a time varying voltage and allow efficient use of power supplied by the power sources [0013]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heater driving circuit of modified Lee to wherein, upon determining that the temperature increase rate is equal to or higher than the predetermined rate, the controller is configured to control on/off operation of the switch to apply the first voltage to the second terminal of the heater because both Lee and Xia are directed to heating methods of aerosol generating devices. Stura teaches a second drive circuitry connected at opposite ends of a load to provide a time varying voltage and allow efficient use of power supplied by the power sources [0013] and this merely involves combining prior art elements according to known control methods to yield predictable results. With regard to Claim 7, Lee teaches wherein the controllers sense the rate of temperature over time of a coil heater [0053]. When the temperature rise rate is greater than a predetermined value for a predetermined time after voltage is applied, the control unit cuts off voltage application to the heater [0055]. Modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to: The controller is configured to determine a duty ratio based on the temperature increase rate and control operation of the switch based on the determined duty ratio Kim teaches wherein a control unit can control the powering of a heater based on the temperature received from a temperature sensor [0038]. Kim further teaches that the control unit can additionally control the powering of the heater using pulse width modulation [0016 & 0038], wherein the duty ratio of pulses is controlled according to the magnitude of the modulation signal [0039]. One of ordinary skill in the art would have found it obvious to combine Kim's already temperature-based modulation with Lee's temperature rising technique to improve the durability and lifespan of the heater [0040]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of modified Lee to wherein the controller is configured to determine a duty ratio based on the temperature increase rate and control operation of the switch based on the determined duty ratio because both Lee and Kim are directed to temperature sensing based control of heated devices. Kim teaches a temperature and pulse width modulation-based control technique to improve the durability and lifespan of the heater [0040], and this merely involves combining prior art elements according to known control methods to yield predictable results. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 20200000981 A, hereinafter citations referring to English Machine Translation), Kim (KR 20190058436 A, hereinafter citations referring to English Machine Translation), Stura (US 20200128878 A1), and Xia (CN 115226953 A, hereinafter citations referring to English Machine Translation), as applied to claims 1, 3, and 4 above, and further in view of Fujita (US 20230102855 A1). With regard to Claim 8, Lee teaches wherein the controllers sense the rate of temperature over time of the coil heater [0053]. Modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to: The controller is configured to determine the duty ratio The duty ratio is inversely proportional to the temperature increase rate Fujita, directed to an inhalation device, teaches wherein (i) a controller supplies power to a heater using PWM and can adjust the duty ratio of electric power pulses to perform temperature control [0094-0095]. (ii) If the actual heater temperature is less than the target, power is supplied at a first duty ratio. If the actual heater temperature is equal to or greater than the target, power is supplied at a second duty ratio, wherein the first duty ration is larger than the second duty ratio [0117]. One would understand this to mean that during a lower thermal condition, a higher duty ratio is present and during a higher thermal condition, a lower duty ratio is present, meeting the claim limitation of inversely proportionate. It would have been obvious to combine the PWM technique of Fujita with the temperature increase rate of Lee to suppress deterioration of the flavor that a user tastes [0117]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of modified Lee to wherein the controller is configured to determine the duty ratio, wherein the duty ratio is inversely proportional to the temperature increase rate because both Lee and Fujita are directed to controlling heaters in aerosol generating devices. Fujita teaches a controller than controls a heater using PWM and multiple duty ratios to suppress deterioration of the flavor that a user tastes [0117] and this merely involves combining prior art elements according to known methods to yield predictable results. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 20200000981 A, hereinafter citations referring to English Machine Translation), Kim (KR 20190058436 A, hereinafter citations referring to English Machine Translation), Stura (US 20200128878 A1), Xia (CN 115226953 A, hereinafter citations referring to English Machine Translation), and Fujita (US 20230102855 A1), as applied to claims 1, 3, 4, and 8 above, and further in view of Courbat (US 20220240587 A1). With regard to Claim 9, Lee teaches wherein the controllers sense the rate of temperature over time of the coil heater [0053]. When the temperature rise rate is greater than a predetermined value for a predetermined time after voltage is applied, the control unit cuts off voltage application to the heater [0055]. Modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to: Wherein the controller is configured to determine the duty ratio based on the temperature increase rate The duty ratio is equal to or less than 20% In regards to i., Kim teaches wherein a control unit can control the powering of a heater based on the temperature received from a temperature sensor [0038]. Kim further teaches that the control unit can additionally control the powering of the heater using pulse width modulation [0016 & 0038], wherein the duty ratio of pulses is controlled according to the magnitude of the modulation signal [0039]. One of ordinary skill in the art would have found it obvious to combine Kim's already temperature-based modulation with Lee's temperature rising technique to improve the durability and lifespan of the heater [0040]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of modified Lee to wherein the controller is configured to determine a duty ratio based on the temperature increase rate because both Lee and Kim are directed to temperature sensing based control of heated devices. Kim teaches a temperature and pulse width modulation-based control technique to improve the durability and lifespan of the heater [0040] and this merely involves combining prior art elements according to known control methods to yield predictable results. In regards to ii., Courbat, directed to an aerosol generating device, teaches a controller configured to supply an alternating pulse width modulated signal with a duty ratio preferably lower than 20% [0010]. It would have been obvious to combine this duty ratio with the temperature increase rate of modified Lee in order to decrease and control the heater temperature [0010]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the controller of modified Lee to wherein the controller is configured to determine the duty ratio based on the temperature increase rate and the duty ratio is equal to or less than 20% because both Lee and Courbat are directed to electrically controlled heater operations in aerosol generating devices. Courbat teaches a duty ration of 20% or less to decrease and control the heater temperature [0010] and this merely involves combining prior art elements according to known heating control methods to yield predictable results. Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 20200000981 A, hereinafter citations referring to English Machine Translation), Kim (KR 20190058436 A, hereinafter citations referring to English Machine Translation), and Stura (US 20200128878 A1), as applied to claim 1 above, and further in view of Yamada (WO 2022264312 A1, hereinafter citations referring to English language equivalent US 20240041117 A1). With regard to Claim 12, modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to: A heat diffusion part disposed on an outer side of the heater so as to be in contact with at least a portion of the heater Yamada, directed to an aerosol generating system, teaches a thermal diffusion layer disposed to cover the outer side of a heater in close contact [0074], to reduce temperature differences and enable uniform heating within a heating device [0074]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heater of modified Lee to wherein a heat diffusion part is disposed on an outer side of the heater so as to be in contact with at least a portion of the heater because both Lee and Yamada are directed to improving heating in aerosol generating devices. Yamada teaches a thermal diffusion layer to reduce temperature differences and enable uniform heating [0074] and this merely involves applying a known heating technique to a known heater ready for improvement to yield predictable results. With regard to Claim 13, modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to: Wherein the heat diffusion part comprises at least one of a hollow graphite sheet, a vacuum tube, or a heat pipe Yamada teaches wherein the thermal diffusion layer can be a formed in a film-like shape and made of graphite material to reduce temperature differences and enable uniform heating [0074]. One would understand that since the thermal diffusion layer wraps around the cylindrical heater [0074], the inner portion of the thermal diffusion layer would be hollow. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the heater of modified Lee to wherein the heat diffusion part comprises at least one of a hollow graphite sheet, a vacuum tube, or a heat pipe because both Lee and Yamada are directed to improving heating in aerosol generating devices. Yamada teaches a thermal diffusion layer in the form of a film that may be made of graphite to reduce temperature differences and enable uniform heating [0074] and this merely involves applying a known form to a known diffusion part ready for improvement to yield predictable results. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 20200000981 A, hereinafter citations referring to English Machine Translation), Kim (KR 20190058436 A, hereinafter citations referring to English Machine Translation), and Stura (US 20200128878 A1), as applied to claim 1 above, and further in view of Zhang (CN 114568760 A, hereinafter citations referring to English Machine Translation). With regard to Claim 14, Lee teaches wherein the device may further include a thermistor that receives heat from a heating coil and maps the temperature as the thermistor resistance rises [0061]. Modified Lee teaches all the limitations of the claims as set forth above, however modified Lee is silent to: Wherein the temperature sensor is a negative temperature coefficient thermistor Zhang, directed to a heating fuming device, teaches using an NTC thermistor as a temperature sensing device [0032]. One of ordinary skill in the art would have found it obvious to substitute the thermistor of Lee with the thermistor of Zhang because NTC's thermistors are small in size, have a fast response, and provide accurate measurements [0032]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for one of ordinary skill in the art to modify the temperature sensor of modified Lee to wherein the temperature sensor is a negative temperature coefficient thermistor because both Lee and Zhang are directed to aerosol generating devices using thermistors for temperature sensing. Zhang teaches using an NTC thermistor because they are small in size, have a fast response, and provide accurate measurements [0032] and this merely involves simple substitution of one known element for another to yield predictable results. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLUWATOSIN O DIYAN whose telephone number is (571)270-0789. The examiner can normally be reached Monday-Thursday 8:30 am - 6 pm. 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. /O.O.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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Prosecution Timeline

May 17, 2024
Application Filed
Sep 08, 2026
Non-Final Rejection mailed — §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
27%
Grant Probability
82%
With Interview (+54.2%)
3y 1m (~9m remaining)
Median Time to Grant
Low
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