Prosecution Insights
Last updated: October 24, 2026
Application No. 19/159,426

AEROSOL PROVISION DEVICE

Non-Final OA §102
Filed
Aug 25, 2025
Priority
Feb 27, 2023 — GB 2302824.4 +3 more
Examiner
TRIEU, VAN THANH
Art Unit
2685
Tech Center
2600 — Communications
Assignee
Nicoventures Trading Limited
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
10m
Est. Remaining
98%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allowance Rate
933 granted / 1104 resolved
+22.5% vs TC avg
Moderate +14% lift
Without
With
+13.8%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 0m
Avg Prosecution
31 currently pending
Career history
1149
Total Applications
across all art units

Statute-Specific Performance

§101
3.4%
-36.6% vs TC avg
§103
46.2%
+6.2% vs TC avg
§102
36.2%
-3.8% vs TC avg
§112
4.2%
-35.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1104 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 . Drawings The drawings are objected to because there are missing descriptions of blocks 110 to 150 and 21 to 250 in Figures 1 and 2. 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 The abstract of the disclosure is objected to because the abstract filed on 08/25/2025 is an European abstract. 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). Claim Objections Claim 3 is objected to because of the following informalities: the phrase “chargable” should be change to --- chargeable ---. Appropriate correction is required. 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 – Claims 1-10, 13-18 and 21-24 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Campbell [US 2025/0134178] Claim 1. (Original) An aerosol provision device comprising (see abstract): a housing comprising an elongate longitudinal portion (the consumable part may be configured to be partially or fully inserted into the reusable device part 2 for use, for example, by inserting it into a chamber/receiving recess of the reusable device part 2 which may comprise an aerosol generation chamber 50 or heating chamber situated within the housing of the reusable device part 2. It is common for aerosol provision systems or devices 1 (and reusable device parts 2 and consumable parts comprising them) to have a generally elongate shape. For the sake of providing a concrete example, certain embodiments of the disclosure described herein will be taken to comprise this kind of generally elongate two-part device employing a reusable device part 2 comprising a heater, and a consumable comprising aerosol generating material (see Fig. 1, para [0020, 0021]); a communication element arranged on the device (the in-fluid communication with a portion of the airflow path between air inlet 24 and mouthpiece 41 (see Fig. 1, para [0031]); and, a detector arranged on the device to detect one or more user interactions with the communication element (the reusable device part 2 may comprise an airflow sensor 30 such as a pressure sensor (e.g. a MEMS pressure sensor) or flow-rate sensor (for example a microphone or hot-wire anemometer) which is electrically connected to the controller 22, and in fluid communication with a portion of the airflow path between air inlet 24 and a user interaction mouthpiece 41, see Fig. 1, para [0031])’ wherein the communication element is arranged to provide indications to the user in relation to use characteristics of the aerosol provision device (the in-fluid communication with a portion of the pressure and/or airflow path between air inlet 24 and the mouthpiece 41 when a user is puffing on the aerosol provision device 1 and reusable device part 2, see Fig. 1, para [0031]), wherein user interactions with the detector are represented in the indications to the user (the airflow sensor comprises a so-called “puff sensor”, in that a signal from the airflow sensor 30 is used by the controller 22 to detect when a user is puffing on the device, and optionally the strength of the puff as indicated by pressure and/or airflow speed on the display 16 and/or indicator 28 to provide feedback to a user (see Fig. 1, para [0029, 0031]). Claim 2. (Original) An aerosol provision device according to claim 1, wherein the communication element is arranged to provide an indication related to at least one of the following use characteristics: power source condition; charging status; aerosol generating material consumable condition; heater activation status; boost status; session status; operational time; hardware status; and firmware status (the controller 22 controls to output and display of energy/power condition, chargeable status, aerosol consumption, boost/heating/temperature status, usage session status , operation time and puffing status, see Figs. 1-7, para [0005-0007, 0026-0032, 0038, 0039, 0047, 0052, 0057-0068, 0089, 0103, 0203]). Claim 3. (Original) An aerosol provision device according to claim 2, wherein power source condition comprises at least one of: operating (see para [0025]); not operating (the off, see para [0029]); activatable (see para [0024]); and, not activatable (the off, see para [0029]); charging status comprises at least one of: charging; not charging; chargeable; and not chargeable (see para [0026, 0029]); aerosol generating material consumable condition comprises at least one of: consumable lifetime (read upon the over time and power usage, see para [0055, 0058]); sessions remaining in consumable (see para [0029, 0068]); and, sessions provided by consumable; hardware status comprises at least one of: operational; and, not operational (see para [0029]); and, firmware status comprises at least one of: up to date; out of date; and updating (see para [0072]). Claim 4. (Currently Amended) An aerosol provision device according to claim 1, wherein the detector is arranged to detect a first user interaction and a second user interaction (plurality of users, see para [0069, 0073]); and, the communication element is arranged to: in response to a first user interaction, provide a first interactive indication (see para [0069]); and, in response to a second user interaction, provide a second interactive indication (see para [0073]). Claim 5. (Currently Amended) An aerosol provision device according to claim 1, wherein: the detector is arranged to detect a first predetermined user interaction and a further predetermined user interaction (the controller 22 for controlling and monitoring the operation of the aerosol provision system 1 to carry out the steps of: initiating heating of the consumable part by the input button 14 for detecting user input; monitoring, during heating of the consumable part and a parameter associated with the amount of user inhalation on the consumable part over a plurality of puffs such as detected pressure and/or airflow rate by the airflow sensor 30, see Fig. 1, para [0007, 0025, 0027, 0029, 0031, 0053]); and, the communication element is arranged to: in response to a first predetermined user interaction, provide a corresponding first interactive indication (the optional display unit 16 displays usage information when a user pushing the input button 14, see Fig. 1, para [0027, 0028, 0031]); and, in response to a further predetermined user interaction, provide an altered first interactive indication (the visual indicator/visual feedback indicator 28 provides feedback information about the airflow and temperature during a corresponding period of time T to a user, see Figs. 1, 3, para [0029, 0056, 0058]). Claim 6. (Currently Amended) An aerosol provision device according to claim 1, wherein the communication element is further arranged to provide device control to a user (the chamber formed by the internal portion of the tube comprising the heating region 53 is typically in fluid communication with the aperture 51 at the mouthpiece end of the reusable device part 2 via a non-heating region 52 of the chamber 50 to a user’s mouth, see Fig. 1, para [0039]). Claim 7. (Original) An aerosol provision device according to claim 6, wherein device control comprises at least one of: activation status of the device; and, functioning condition of the device (as cited in respect to claim 1 above and including conditions of the aerosol provision system 1, see Fig. 1, para [0052, 0060, 0063]). Claim 8. (Currently Amended) An aerosol provision device according to claim 1, wherein the detector is at least one of: a pressure sensor; and, an airflow sensor (see para [0031, 0032, 0053]). Claim 9. (Currently Amended) An aerosol provision device according to claim 1, wherein the communication element is arranged at least one of: on the elongate longitudinal portion of the housing; on a distal end of the housing; and, around the housing in a continuous display (the chamber formed by the internal portion of the tube comprising the heating region 53 is typically in fluid communication with the aperture 51 at the mouthpiece end of the reusable device part 2 via a non-heating region 52 of the chamber 50 to a user’s mouth, see Fig. 1, para [0039]). Claim 10. (Currently Amended) An aerosol-generating system for providing indications to a user, comprising: an aerosol provision device comprising: a housing comprising an elongate longitudinal portion; a communication element arranged on the device; and, a detector arranged on the device to detect user interaction with the elongate longitudinal portion; wherein the communication element is arranged to provide indications to the user in relation to use characteristics of the aerosol provision device and, wherein user interactions with the detector are represented in the indications to the user (as cited in respect to claim 1 above, see Figs. 1-5). Claim 11. (Cancelled) Claim 12. (Cancelled) Claim 13. (Currently Amended) An aerosol-generating system according to claim 10, wherein the detector is arranged to detect a first user interaction and a second user interaction; and, the communication element is arranged to: in response to a first user interaction, provide a first interactive indication; and, in response to a second user interaction, provide a second interactive indication (as cited in respect to claim 4 above). Claim 14. (Currently Amended) An aerosol-generating system according to claim 10, wherein the detector is arranged to detect a first predetermined user interaction and a further predetermined user interaction; and, the communication element is arranged to: in response to a first predetermined user interaction, provide a corresponding first interactive indication; and, in response to a further predetermined user interaction, provide an altered first interactive indication (as cited in respect to claim 5 above). Claim 15. (Currently Amended) An aerosol-generating system according to claim 10, wherein the communication element is further arranged to provide device control to a user; wherein device control comprises at least one of: activation status of the device; and, functioning condition of the device (as cited in respect to claims 6 and 7above). Claim 16. (Currently Amended) An aerosol-generating system according to claim 10, wherein the detector is at least one of: a pressure sensor; and, an airflow sensor (as cited in respect to claim 8 above). Claim 17. (Currently Amended) An aerosol-generating system according to claim 10, wherein the communication element is arranged at least one of: on the elongate longitudinal portion of the housing; on a distal end of the housing; and, around the housing in a continuous display (as cited in respect to claim 9 above, see Fig. 1). Claim 18. (Currently Amended) A method of providing an indication to a user, the method comprising: providing an aerosol provision device with a housing comprising an elongate longitudinal portion and a communication element arranged on the device, and a detector arranged on the device; providing, by the communication element, an indication to the user in relation to use characteristics of the aerosol provision device, and representing in the indication, by the communication element, a user interaction with the detector (as cited in respect to the apparatus claim 1 above). Claim 19. (Cancelled) Claim 20. (Cancelled) Claim 21. (Currently Amended) The method of claim 18, wherein the detector detects a first user interaction and a second user interaction; in response to a first user interaction, the communication element provides a first interactive indication; and, in response to a second user interaction, the communication element provides a second interactive indication (as cited in respect to claim 4 above). Claim 22. (Currently Amended) The method of claim 18any of claims 18 to 21, wherein the detector detects a first predetermined user interaction and a further predetermined user interaction; in response to a first predetermined user interaction, the communication element provides a corresponding first interactive indication; and, in response to a further predetermined user interaction, the communication element provides an altered first interactive indication (as cited in respect to claim 5 above). Claim 23. (Currently Amended) The method of claim 18 any of claims 18 to 22, wherein the communication element provides device control to a user, wherein device control comprises at least one of: activation status of the device; and, functioning condition of the device (as cited in respect to claims 6 and 7 above). Claim 24. (Currently Amended) The method of claim 18 any of claims 18 to 23, wherein the detector is at least one of: a pressure sensor; and, an airflow sensor (as cited in respect to claim 8 above). Claim 25. (Cancelled) Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bouchuiguir et al discloses the aerosol generation device includes a casing; an aperture in the casing through which aerosol generating material is insertable into the aerosol generation device; a closure moveable relative to the aperture between a closed position in which the closure covers the aperture, an open position in which the aperture is unobstructed by the closure, and an activation position that is different from the open position; and a detector arranged to detect movement of the closure from the closed position to the open position and between the open position and the activation position. [US 2022/0225675] Ferrari et al discloses the aerosol-generating device having a locked state in which the aerosol-generating device is prohibited from generating aerosol and an unlocked state in which the aerosol-generating device is permitted to generate aerosol; and a receiving device to at least partially receive the aerosol-generating device, each of the aerosol-generating and the receiving devices includes a communication interface to communicatively couple the aerosol-generating device with the receiving device, the receiving device including a control arrangement with at least one biometric sensor to authenticate a user of the system based on sensing at least one biometric feature of the user, and the control arrangement being configured to transmit an authentication signal to the aerosol-generating device to configure the aerosol-generating device into the locked state or into the unlocked state, the authentication signal being indicative of a successful or an unsuccessful authentication of the user at the receiving device. [US 2023/0346037] Capo et al discloses the aerosol-generating device is provided, including: a first housing portion defining a chamber configured to receive an aerosol-forming substrate; a second housing portion; a heater positioned within the first housing portion; a power supply positioned within the second housing portion; control circuitry configured to control a supply of power from the power supply to the heater; and a first button and a second button each positioned on the first housing portion or the second housing portion, the first button having at least one of a different size and a different shape from the second button, the first button being configured to activate a first function of the aerosol-generating device, the second button being configured to activate a second function of the aerosol-generating device, and the first function being different from the second function. An aerosol-generating system including the aerosol-generating device and an aerosol-generating article is also provided. [US 2024/0358069] Cowan et al discloses the aerosol provision system including an aerosol provision device and a charging unit for charging the aerosol provision device, the charging unit having a cavity for receiving the aerosol provision device. The charging unit further includes comprises a lid moveable between a first position and a second position, wherein: (i) the aerosol provision system further includes comprises a user display and wherein movement of the lid between the first position and the second position activates and/or deactivates the user display; and/or (ii) the aerosol provision system further includes comprises a user interface and wherein movement of the lid between the first position and the second position activates and/or deactivates the user interface. [US 2025/0344772] Grzan et al discloses the aerosol-generating device is provided, including: control circuitry and an energy storage configured to supply electrical energy to the control circuitry for generating aerosol from an aerosol-generating article; the control circuitry being configured to: determine a storage status of the energy storage indicative of at least one of an amount of electrical energy currently stored and currently storable in the energy storage, evaluate the determined storage status with respect to at least one threshold value correlating with a threshold energy required for performing a main heating function of the device for heating the article at or above a predetermined heating temperature to generate aerosol in at least one usage session, and for performing at least one auxiliary device function of the device different than the main heating function, and enable or disable, based on the evaluation, at least one of the main heating function and the auxiliary device function. [US 2026/0060328] Any inquiry concerning this communication or earlier communications from 99number is (571) 2722972. The examiner can normally be reached on Mon-Fri from 8:00 AM to 3:00 PM. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Mr. Wang Quan-Zhen can be reached on (571) 272-3114. Examiner interviews are available via telephone, 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. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair- direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786- 9199 (IN USA OR CANADA) or 571-272-1000. /VAN T TRIEU/ Primary Examiner, Art Unit 2685 09/04/2026
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Prosecution Timeline

Aug 25, 2025
Application Filed
Sep 09, 2026
Non-Final Rejection mailed — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
98%
With Interview (+13.8%)
2y 0m (~10m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1104 resolved cases by this examiner. Grant probability derived from career allowance rate.

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