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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 2, 5, 6, and 191-193 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Owens, Jr. US 4,082,098.
Regarding claim 1, Owens, Jr. disclose a cigarette (aerosol-forming article) comprising:
tobacco 3 ((aerosol forming substrate);
filter plug 6 (filter element); and
air permeable porous paper plug wrap 7 enclosing the filter, the plug wrap impregnated with a volatile flavoring agent, such as menthol, and made of cellulose fibers and absorbs menthol (flavored sheet formed of absorbent material impregnated with flavorant and circumscribing the filter element) (col. 3, lines 4-47).
Regarding claim 2, the cigarette is capable of being used as a heat not burn consumable because it can be heated to release vapor. Per present specification, “One approach for a smoking substitute system is the so-called "heat not burn" ("HNB") approach in which tobacco (rather than an "e-liquid") is heated or warmed to release vapor. The tobacco may be leaf tobacco or reconstituted tobacco [0015].
Regarding claim 5, the filter plug is at the terminal end downstream of the tobacco (Fig. 1).
Regarding claim 6, the flavored plug wrap (flavored sleeve) is encircled by tipping envelope 8 and enclosed between the tipping and filter plug (Fig 1, col 3, lines 66-68).
Regarding claim 191, the flavored plug wrap (flavored sleeve) is downstream of the tobacco (aerosol-forming substrate).
Regarding claim 192, the flavored plug wrap 6 (flavored sleeve) encloses the filter (thus filter element fully circumscribed).
Regarding claim 193, the flavored plug wrap 6 (flavored sleeve) has the same axial length as the filter plug (Fig 1).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Owens, Jr. US 4,082,098 as applied to claim 1, further in view of Camus et al. US 2016/01433348.
Owens. Jr. do not disclose using the cigarette as a heat not burn consumable.
Camus et al. teach that a smoking article such as a filter cigarette in which tobacco material is combusted to form smoke may alternatively be heated rather than combusted to form an aerosol [0008].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the cigarette of Owens Jr. is also useable as a heat not burn consumable as Camus teaches that filter cigarettes in which tobacco material is combusted to form smoke may alternatively be heated rather than combusted to form an aerosol.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Owens, Jr. US 4,082,098 as applied to claim 1, further in view of Conner et al. US 2015/0083150.
Conner et al. teach that for a smoking article, flavor may be provided or enhanced by capsule or microcapsule materials on or within the substrate material of the aerosol-generating segment, the wrapping materials, the filter element, or any other component capable of holding and releasing flavorants, preferably with minimal thermal degradation that would undesirably alter the flavor [0046].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have also provided flavor material in the filter in form such as capsules in addition to flavoring agent impregnated in the plug wrap, as taught by Conner et al. to enhance flavor by providing on or within a smoking article component capable of holding and releasing flavorants with minimal thermal degradation that would undesirably alter the flavor (Per the present specification, the flavor pod may be a capsule [0038]).The use of both flavoring agent in the plug wrap as well as capsules within the filter plug would have been obvious to one ordinary skill in the art as means of providing sufficient flavorant to the cigarette.
Claims 1, 2, 5-14 and 191-193 are rejected under 35 U.S.C. 103 as being unpatentable over Zuber et al. US 2014/0373856 in view Owens, Jr. US 4,082,098 and Camus et al. US 2016/01433348.
Regarding claims 1 and 11, Zuber et al. disclose a smoking system comprising a smoking article 1 (aerosol-generating article) and aerosol-generating device 11 comprising heating element 8.
The smoking article comprises aerosol-forming substrate 7 and mouthpiece filter 3 (filter element)
Zuber et al. do not disclose a flavor sleeve of absorbent material impregnated with flavorant circumscribing the mouthpiece filter.
Owens, Jr. teach that a cigarette (aerosol-forming article) can be provided with volatile flavoring agent, such as menthol, by providing an air permeable porous paper plug wrap enclosing the filter of the cigarette, the plug wrap impregnated with the volatile flavoring agent absorbs the flavoring agent (col. 3, lines 4-47). The use of a filter plug wrap as the carrier for the flavoring agent results in smooth high deliver rate while permitting longer shelf life (col. 1, lines 34-59).
Camus et al. teach that a smoking article such as a filter cigarette in which tobacco material is combusted to form smoke may alternatively be heated rather than combusted to form an aerosol [0008].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the smoking article of Zuber et al. with an air permeable porous paper plug wrap impregnated with the volatile flavoring agent and enclosing the mouthpiece filter of the cigarette as providing flavor such as menthol to smoking articles is well known in the art and the use of the flavoring agent- impregnated plug wrap as the carrier for the flavoring agent results in smooth high deliver rate while permitting longer shelf life. It would have been obvious to one of ordinary skill in the art to have provided the flavoring agent-impregnated plug wrap on the filter of the smoking article of Zuber et al. that is used for providing aerosol by heating rather than being combusted because Camus et al. teach that a smoking article such as a filter cigarette in which tobacco material is combusted to form smoke may alternatively be heated rather than combusted to form an aerosol. Thus the teaching of Owens Jr. of providing flavoring to a cigarette is relevant to a smoking article that is heated to generate an aerosol as analogous art directed to smoking articles.
Regarding claim 5, Zuber et al. disclose the mouthpiece filter 3 is the terminal filter element at the downstream axial end of the article.
Regarding claim 6, Owens Jr. disclose that the flavored plug wrap (flavored sleeve) is encircled by tipping envelope 8 and enclosed between the tipping and filter plug (Fig 1, col 3, lines 66-68).
Regarding claim 7, Zuber et al. disclose the smoking article comprises an upstream front-plug 2 that can be made of filter material [0025] and all elements of the smoking article assembled by a cigarette paper [0053].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have also or alternatively provided the flavoring agent-impregnated paper plug wrap as enclosing the upstream front plug filter to provide the volatile agent to any filter in the smoking article suitable to feed or mix the volatile flavoring agent with the aerosol of the smoking article.
Regarding claim 8, Zuber et al. disclose a cigarette paper 5 enclosing the elements of the smoking article, thus a wrapping layer that circumscribes the upstream front plug filter with the flavoring agent-impregnated paper plug wrap enclosed between the cigarette paper and the upstream front plug filter.
Regarding claims 9, Zuber et al. disclose the smoking article comprises an upstream front-plug filter 2 [0025] and mouthpiece filter (terminal filter element) and Owens Jr teaches enclosing a filter plug with the flavoring agent-impregnated paper plug wrap.
Regarding claims 10, Zuber et al. disclose the smoking article comprises hollow cellulose acetate tube 6 (spacer element) and thin walled tube for cooling [0053], [0058] thus spacer element and aerosol cooling element between and axially spacing the upstream filter plug and mouthpiece filter.
Regarding claim 12, Zuber et al. disclose the aerosol-generating device having sheath 12 (housing) and heating element in the form of a blade with a point (elongated heating element) [[0062]-[0063].
Regarding claims 13 and 14, Zuber et al. disclose pushing the smoking article into the sheath and penetrating the smoking article with the heating element [0064]-[0065].
Regarding claim 191, Owens Jr. disclose that the flavored plug wrap (flavored sleeve) is downstream of the tobacco (aerosol-forming substrate).
Regarding claim 192, Owens Jr. disclose that the flavored plug wrap 6 (flavored sleeve) encloses the filter (thus filter element fully circumscribed).
Regarding claim 193, Owens Jr. disclose that the flavored plug wrap 6 (flavored sleeve) has the same axial length as the filter plug (Fig 1).
Claims 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Zuber et al. US 2014/0373856 in view Owens, Jr. US 4,082,098 and Camus et al. US 2016/01433348 as applied to claims 1 and 13, further in view of Conner et al. US 2015/0083150.
Conner et al. teach that for a smoking article, flavor may be provided or enhanced by capsule or microcapsule materials on or within the substrate material of the aerosol-generating segment, the wrapping materials, the filter element, or any other component capable of holding and releasing flavorants, preferably with minimal thermal degradation that would undesirably alter the flavor [0046].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have also provided flavor material in the filter in form such as capsules in addition to flavoring agent impregnated in the plug wrap, as taught by Conner et al. to enhance flavor by providing on or within a smoking article component capable of holding and releasing flavorants with minimal thermal degradation that would undesirably alter the flavor (Per the present specification, the flavor pod may be a capsule [0038]).The use of both flavoring agent in the plug wrap as well as capsules within the filter plug would have been obvious to one ordinary skill in the art as means of providing sufficient flavorant to the cigarette. It would have been obvious to one of ordinary skill in the art that such capsules are ruptured or melted to release flavor.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of record discloses various cigarettes or smoking articles with flavorant.
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MELVIN C. MAYES
Supervisory Patent Examiner
Art Unit 1759
/MELVIN C. MAYES/Supervisory Patent Examiner, Art Unit 1759
August 1, 2025