Prosecution Insights
Last updated: July 17, 2026
Application No. 18/694,924

AEROSOL-GENERATING DEVICE

Non-Final OA §102
Filed
Mar 22, 2024
Priority
Oct 29, 2021 — RE 10-2021-0147013 +2 more
Examiner
SZEWCZYK, CYNTHIA
Art Unit
Tech Center
Assignee
KT&G Corporation
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
84%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
700 granted / 949 resolved
+13.8% vs TC avg
Moderate +10% lift
Without
With
+9.8%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
33 currently pending
Career history
987
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
83.7%
+43.7% vs TC avg
§102
8.0%
-32.0% vs TC avg
§112
3.7%
-36.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 949 resolved cases

Office Action

§102
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 . Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by NAKAAE (US 2024/0108823). Nakaae teaches an aerosol-generating device comprising a housing (100) shaped to define an elongated insertion space (141); a heater (121) configured to heat a stick (150) inserted into the elongated insertion space; a puff sensor (112); a memory (114) configured to store a temperature profile; and at least one processor (116) configured to: determine, based on an interval between puffs detected by the puff sensor in a first period among a plurality of periods in which the stick is heated (para. 0016-0019), a setting value for a second period among the plurality of periods, the second period being a period after the first period (para. 0017-19); and adjust power supplied to the heater in the second period based on the determined setting value, wherein the setting value comprises at least one of a target temperature of the heater (para. 0018) or a heating time period (para. 0019). Regarding claim 2, Nakaae teaches the first period is an initial period from a point in time of a completion of preheating of the heater to a point in time of a lapse of a predetermined period of time (para. 0060). Regarding claim 3, Nakaae teaches the at least one processor is further configured to determine the target temperature of the heater for the second period to be a temperature higher than a reference temperature corresponding to the temperature profile, based on the interval between the puffs being shorter than a predetermined interval (para. 0018). Regarding claim 4, Nakaae teaches the at least one processor is further configured to determine the target temperature of the heater for the second period to be a temperature lower than a reference temperature corresponding to the temperature profile, based on the interval between the puffs exceeding a predetermined interval (para. 0018). Regarding claim 5, Nakaae teaches the at least one processor is further configured to determine the heating time period for the second period to be a time period longer than a reference period of time corresponding to the temperature profile, based on the interval between the puffs being shorter than a predetermined interval (para. 0019). Regarding claim 6, Nakaae teaches the at least one processor is further configured to determine the heating time period for the second period to be a time period shorter than a reference period of time corresponding to the temperature profile, based on the interval between the puffs exceeding a predetermined interval (para. 0019). Regarding claim 7, Nakaae teaches the at least one processor is further configured to change a heating time period for the first period to be a time period longer than a reference period of time corresponding to the temperature profile, based on the interval between the puffs being shorter than a predetermined interval (para. 0019, 0061). Regarding claim 8, Nakaae teaches the at least one processor is further configured to change a heating time period for the first period to be a time period shorter than a reference period of time corresponding to the temperature profile, based on the interval between the puffs being equal to or longer than a predetermined interval (para. 0019, 0061). Regarding claim 9, Nakaae teaches the at least one processor is further configured to initialize the setting value for the second period in response to a completion of use of the stick inserted into the elongated insertion space (para. 0077, 0100). Regarding claim 10, Nakaae teaches an aerosol-generating device comprising a housing (100) shaped to define an elongated insertion space (141); a heater (121) configured to heat a stick (150) inserted into the elongated insertion space; a puff sensor (112); a memory (114) configured to store a temperature profile; and at least one processor (116) configured to: determine, based on a number of puffs detected by the puff sensor in a first period among a plurality of periods in which the stick is heated (para. 0009), a setting value for a second period among the plurality of periods, the second period being a period after the first period (para. 00010, 0012, 0014); and adjust power supplied to the heater in the second period based on the determined setting value (para. 0009-0015), wherein the setting value comprises at least one of a target temperature of the heater (para. 0012) or a heating time period (para. 0014). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Alarcon (US 2016/0057811). Reevell (US 2017/0238610) Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 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, Alison Hindenlang can be reached at 571-270-7001. 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. /CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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Prosecution Timeline

Mar 22, 2024
Application Filed
Jun 09, 2026
Non-Final Rejection mailed — §102 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12653238
HEATING ASSEMBLY, ELECTRONIC VAPORIZATION APPARATUS, AND METHOD FOR PREPARING HEATING ASSEMBLY
2y 11m to grant Granted Jun 16, 2026
Patent 12635731
AEROSOL GENERATION DEVICE HAVING DIFFERENTIATED HEATING FUNCTION AND AEROSOL-GENERATING ARTICLE APPLIED THERETO
3y 3m to grant Granted May 26, 2026
Patent 12635732
AEROSOL-GENERATING DEVICE AND SYSTEM COMPRISING AN INDUCTIVE HEATING DEVICE AND METHOD OF OPERATING THE SAME
2y 11m to grant Granted May 26, 2026
Patent 12628881
CHARGER FOR AEROSOL-GENERATING DEVICE WITH INSERTION MECHANISM
3y 1m to grant Granted May 19, 2026
Patent 12616805
NON-COMBUSTIBLE AEROSOL DELIVERY SYSTEM, FILTER UNIT AND ASSEMBLY
3y 4m to grant Granted May 05, 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
84%
With Interview (+9.8%)
2y 11m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 949 resolved cases by this examiner. Grant probability derived from career allowance rate.

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