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 .
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on August 28, 2026 has been entered.
Status of the Claims
Claims 16, 20-27, and 30-32 are pending and are subject to this Office Action. Claims 1-15, 17-19, and 28-29 are cancelled. Claim 16 is amended. Claims 31-32 are new.
Response to Amendments
The amendments to the claims filed on August 28, 2026 are acknowledged.
Response to Arguments
Applicant' s arguments, see pgs 4-7, filed August 28, 2026, with respect to the rejection(s) of claims 16-18, 20-27, and 30 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claim 16 to include a limitation that was not previously presented and that the previously applied prior art does not disclose: “the hollow tubular support element being made of an air- impervious material.” Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the previously applied references in combination with a newly found prior art reference.
The following is a modified rejection based on amendments made to the claims.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 32 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 32 recites the limitation “wherein the transverse wall extends outside of the annular insulating member in a radial direction” on ln 1-2. The limitation renders the claim indefinite because Claim 31 requires that the peripheral wall surrounds the transverse wall and that the annular insulating member be located between the peripheral wall and the periphery of the transverse wall. In this configuration it is physically unclear how the transverse wall can extend outside of the annular insulating member in a radial direction because the transverse wall is located within the peripheral wall and the annular insulating member. As the specification and the claims do not clearly provide an embodiment wherein the transverse wall extends outside of the annular insulating member in a radial direction, the claim limitation is unsupported and it is likely that the claim contains a typo. For the purposes of examination, Examiner has interpreted the claim to recite: “wherein the peripheral wall extends outside of the annular insulating member in a radial direction.”
Claims 2-9, which depend on Claim 1, are similarly rejected by virtue of dependency.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 16, 24-27, and 30-32 are rejected under 35 U.S.C. 103 as being unpatentable over Besso (WO 2017/055500 A1) in view of Lord (US 2021/0244077 A1), Lavanchy (US 2018/0007959 A1), and Li-5050 (US 2007/0235050 A1).
Regarding Claim 16, 26, and 31, Besso, directed to smoking articles (pg 1, ln 3-4), teaches an aerosol-generating article for producing an aerosol upon heating (pg 1, ln 3-20, pg, 11, ln 10-30, Figs. 1-2; Smoking article 10 may be combusted to form smoke or heated to generate an aerosol), the aerosol-generating article comprising:
a rod of aerosol-generating substrate (pg, 11, ln 10-30, Figs. 1-2; Smoking article 10 comprises a rod 12 of tobacco cut filler; Tobacco is an aerosol generating substrate; see instant specification, pg 1, ln 7-8));
a first aerosol-cooling element downstream of the rod of aerosol generating substrate (pg, 11, ln 10-30, Figs. 1-2; Smoking article 10 includes filter 14 downstream of the rod 12 of tobacco cut filler. Filter 14 comprises a hollow tube segment 20 defining a cavity 22 at the mouth end of the filter. A flow restrictor 24 may be positioned within the cavity 22 as shown in Fig. 2; and pg 7, ln 9-11, the flow restrictor may comprise a transverse barrier extending across the hollow tube segment, at least one orifice being provided in the transverse barrier for the mainstream smoke to flow through. The embodiment of filter 14 wherein the flow restrictor is implemented as a transverse barrier is a first-aerosol cooling element because elongate tubular elements cool an aerosol, and the orifice in the transverse barrier can function as a venturi element for cooling a fluid),
the aerosol-cooling element comprising a hollow tubular segment (pg, 11, ln 10-30, Figs. 1-2; Smoking article 10 includes filter 14 downstream of the rod 12 of tobacco cut filler. Filter 14 comprises a hollow tube segment 20),
the hollow tubular segment comprising a peripheral wall and a transverse wall at a location between an upstream end and a downstream end of the hollow tubular segment, such that the hollow tubular segment defines a first cavity upstream of the transverse wall and a second cavity downstream of the transverse wall, wherein the second cavity defines a mouth-end cavity at the downstream end of the aerosol-generating article (pg, 11, ln 10-30, Figs. 1-2; Smoking article 10 includes filter 14 downstream of the rod 12 of tobacco cut filler. Filter 14 comprises a hollow tube segment 20 (peripheral wall) defining a cavity 22 at the mouth end of the filter. A flow restrictor 24 may be positioned within the cavity 22 as shown in Fig. 2; and pg 7, ln 9-11, the flow restrictor may comprise a transverse barrier (transverse wall) extending across the hollow tube segment, at least one orifice being provided in the transverse barrier for the mainstream smoke to flow through. Restrictor 24 (transverse barrier/wall) is positioned at a location between an upstream end and a downstream end of the hollow tube segment 20. Restrictor 24 defines a first cavity upstream of the transverse barrier (transverse wall) and a second mouth-end cavity downstream of the transverse barrier (transverse wall)),
wherein the transverse wall comprises one or more transverse openings establishing fluid communication between the first cavity and the second cavity (pg 7, ln 9-11, Figs. 1-2; the flow restrictor may comprise a transverse barrier (transverse wall) extending across the hollow tube segment 20, at least one orifice (transverse openings) being provided in the transverse barrier for the mainstream smoke to flow through between the first cavity and the second cavity),
wherein the peripheral wall comprises a plurality of peripheral openings, wherein the plurality of peripheral openings comprises one or more downstream openings located downstream of the transverse wall so that fluid communication between the exterior of the hollow tubular segment and the second cavity is established (pg 11, ln 10-30, Figs. 1-2; The smoking article 10 further comprises a ventilation zone 18 downstream of restrictor 24 (transverse wall); and pg 9, ln 24-26, the ventilation zone comprises at least one circumferential row of perforations (peripheral downstream openings) provided through the hollow tube segment 20; and pg 10, ln 8-12, The ventilation zone 18 is placed downstream of the transverse barrier, such that ventilation air is introduced into a cavity (the second cavity) defined within the hollow tube downstream of the transverse barrier),
but does not teach the article i) wherein the rod of aerosol-generating substrate comprises an aerosol former, the aerosol-generating substrate having an aerosol former content of greater than 10 percent on a dry weight basis, ii) the article comprising: a hollow tubular support element positioned immediately downstream of the rod of aerosol-generating substrate, the hollow tubular support element being made of an air-impervious material; and wherein the first aerosol-cooling element positioned downstream of the hollow tubular support element, the first aerosol-cooling element being a separate element from the hollow tubular support element and disposed either in contact with a downstream end of the hollow tubular support element or a fixed distance therefrom, and comprising: an annular insulating member located between the peripheral wall and the periphery of the transverse wall iii) wherein a length of the first cavity is less than a length of the second cavity, wherein the plurality of peripheral openings comprises one or more upstream openings located upstream of the transverse wall so that fluid communication between the exterior of the hollow tubular segment and the first cavity is established.
With respect to i), Lord, directed to smoking articles ([0002]), teaches an aerosol-generating article
for producing an acrosol upon heating ([0068], [0179]-[0180], Fig. 5; HNB (heat-not-burn) consumable comprises an aerosol-forming substrate 2a, and is configured to produce an aerosol upon heating), the aerosol-generating article comprising:
a rod of aerosol-generating substrate comprising an aerosol former, the aerosol-generating substrate having an aerosol former content of greater than 10 percent on a dry weight basis ([0179]-[0181], Fig. 5; HNB (heat-not-burn) consumable la comprises an aerosol-forming substrate 2a (rod of reconstituted tobacco). Aerosol-forming substrate 2a comprises 65 wt % tobacco. The tobacco is dosed with 20 wt % of a humectant such as propylene glycol (PG), and has a moisture content of between 7-9
wt %; Propylene glycol is an aerosol former; see instant specification, pg 22, In 14-17. Omitting the
moisture content, it is reasonably understood that the aerosol generating substrate include greater than
10% humectant on a dry weight basis. [0093] states that humectants may be present in the aerosol-forming substrate in an amount between 1 and 50 wt %).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the rod of aerosol-generating substrate taught by Besso with the aerosol former in the amount disclosed by Lord because Besso and Lord are directed to smoking articles, Besso states that smoking articles can be heated to generate an aerosol (Besso, pg 1, ln 3-20), Lord states that conventional cigarettes designed to be combusted to produce smoke may be heated to generate an aerosol lacking the potentially harmful substances typically found in tobacco smoke (Lord, [0003]-[0008]), Lord demonstrates that aerosol formers like propylene glycol are provided as vapor generators—the resulting vapor helps carry the volatile active compounds and increases visible vapor ([Lord, [0093]), and this involves a simple substitution of one material composition for another to obtain predictable results.
With respect to ii), Lavanchy, directed to smoking articles ([0001]-[0002]), teaches an aerosol-generating article for producing an aerosol upon heating ([0150], Fig. 1; Aerosol generating article 2), the aerosol-generating article comprising:
a rod of aerosol-generating substrate comprising an aerosol former ([0150], Fig. 1; Aerosol generating article 2 comprises a rod of an aerosol-forming substrate 6; and [0108], the aerosol-forming substrate comprises at least one aerosol-former); and
a hollow tubular support element positioned immediately downstream of the rod of aerosol-generating substrate, the hollow tubular support element being made of an air-impervious material ([0155], Fig. 1; An airflow directing element 44 is located downstream of the aerosol-forming substrate 6 and comprises an open-ended, substantially air impermeable hollow tube 56 (hollow tubular support element) made of, for example, cardboard, which is of reduced diameter compared to the aerosol-forming substrate 6. The upstream end of the open-ended hollow tube 56 abuts the aerosol-forming substrate 6); and
a first aerosol cooling element positioned immediately downstream of the hollow tubular support element ([0157]-[0159], Fig. 1; The elongate expansion chamber 8 (first aerosol cooling element) is located downstream of the airflow directing element 44 (comprising the hollow tube 56) and comprises a cylindrical open-ended tube of cardboard 24. The heated drawn air and entrained compounds then pass downstream through the interior of the hollow tube 56 of the airflow directing element 44 to the expansion chamber 8, where they cool and condense.),
further comprising an annular insulating member located between two tubular components ([0155], Fig. 1; The downstream end of the open-ended hollow tube 56 is surrounded by an annular substantially air impermeable seal 58 of substantially the same diameter as the aerosol-forming substrate 6; and [0156], The open-ended hollow tube 56 and cylindrical plug of cellulose acetate tow 60 are circumscribed by an air permeable inner wrapper 50; and [0127] The substantially air impermeable seal may be formed from one or more suitable air impermeable materials that are substantially thermally stable including: plastic, wax, silicone, ceramic and combinations thereof, all of which are insulating materials. Fig. 1 shows that seal 58 (annular insulating member) is located between hollow tube 56 and wrapper 50 having a hollow tubular shape).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide article taught by Besso with a hollow tubular support element positioned immediately downstream of the rod of aerosol-generating substrate and immediately upstream of the first aerosol-cooling element as taught by Lavanchy such that the first aerosol-cooling element positioned downstream of the hollow tubular support element, the first aerosol-cooling element being a separate element from the hollow tubular support element and disposed either in contact with a downstream end of the hollow tubular support element or a fixed distance therefrom because Besso and Lavanchy are directed to smoking articles, Besso states that the article may include additional filter segments in addition to the first aerosol cooling element (Besso, pg 6, ln 11-14), Lavanchy demonstrates that a hollow tubular support element having a hollow bore has a cooling effect on the formed vapor (Lavanchy, [0159]), and this involves combining prior art elements according to known methods to yield predictable results.
Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the article taught by Besso in view of Lord, Lavanchy, and Li-5050 with an annular insulating member located inside the peripheral wall such that the an annular insulating member is located between the peripheral wall and the periphery of the transverse wall because Lavanchy demonstrates that an annular insulating member would provide heat insulation between two cylindrical/tubular elements (Lavanchy, [0155]-[0156]), and this involves combining prior art elements according to known methods to yield predictable results.
With respect to iii), Li-5050, directed to smoking articles ([0032]), teaches an aerosol-generating article for producing an aerosol upon heating ([0033], Figs. 1 and 5; Smoking article 110 is configured to produce an aerosol (smoke) upon heating), the aerosol-generating article comprising:
a rod of aerosol-generating substrate ([0033], Figs. 1 and 5; Smoking article 110 comprises tobacco rod 112. Tobacco is an aerosol generating substrate; see instant specification, pg 1, ln 7-8));
a first aerosol-cooling element positioned downstream of the rod of aerosol-generating substrate ([0033], [0040], Figs. 1 and 5; Smoking article 110 comprises flow restricting ("restrictor") filter segment 126 positioned downstream of tobacco rod 112),
the aerosol-cooling element comprising a hollow tubular segment ([0033], [0040], Figs. 1 and 5; Flow restricting filter segment 126 comprises a hollow tubular segment formed by its peripheral wall),
the hollow tubular segment comprising a peripheral wall and a transverse wall at a location between an upstream end and a downstream end of the hollow tubular segment ([0033], [0040], Figs. 1 and 5; Flow restricting filter segment 126 includes a peripheral wall and annular partition 128 defining a transverse wall at a location between an upstream end and a downstream end of the hollow tubular segment),
such that the hollow tubular segment defines a first cavity upstream of the transverse wall and a second cavity downstream of the transverse wall ([0033], [0040], Figs. 1 and 5; Flow restricting filter segment 126 defines second upstream tubular body portion 136 (first cavity) upstream of annular partition 128 (transverse wall) and tubular body portion 132 (second cavity) downstream of annular partition 128 (transverse wall)),
wherein a length of the first cavity is less than a length of the second cavity ([0033], [0040], Figs. 1 and 5; Fig. 1 shows that the length of the second upstream tubular body portion 136 (first cavity) is less than a length of tubular body portion 132 (second cavity). [0046], The restrictor 130 (transverse wall) may be positioned at an upstream portion of the flow restricting filter segment 126 (as shown in Figs. 1, 10-12) such that the restrictor works as a limiter on the extent to which a smoker may attempt to draw harder on a smoking article during a puff),
wherein the transverse wall comprises one or more transverse openings establishing fluid communication between the first cavity and the second cavity ([0033], [0040], Figs. 1 and 5; Annular partition 128 (transverse wall) comprises orifice 130 (transverse opening) establishing fluid communication between second upstream tubular body portion 136 (first cavity) and tubular body portion 132 (second cavity)), and
wherein the peripheral wall comprises a plurality of peripheral openings, wherein the plurality of peripheral openings comprises one or more upstream openings located upstream of the transverse wall so that fluid communication between the exterior of the hollow tubular segment and the first cavity is established, wherein the plurality of peripheral openings comprises one or more downstream openings located downstream of the transverse wall so that fluid communication between the exterior of the hollow tubular segment and the second cavity is established ([0033], Fig. 1; The peripheral wall of flow restricting filter segment 126 comprises a plurality of elongate holes 134 (peripheral openings) that are circumferentially disposed about the tubular body portion 132 (second cavity) at one or more longitudinal positions away from annular partition 128 (transverse wall). Fluid communication is established between an exterior of peripheral wall of flow restricting filter segment 126 (hollow tubular segment) and the tubular body portion 132 (second cavity). [0040], Fig. 5 shows an alternate embodiment of the smoking article 110 of Fig. 1, wherein the peripheral wall of flow restricting filter segment 126 comprises a plurality of elongate holes 134 (downstream peripheral openings) that are circumferentially disposed about the tubular body portion 132 (second cavity), and a plurality of elongate holes 142 (upstream peripheral openings) that are circumferentially disposed about the second upstream tubular body portion 136 (first cavity). Fluid communication is established between an exterior of peripheral wall of flow restricting filter segment 126 (hollow tubular segment) and the tubular body portion 132 (second cavity) and the second upstream tubular body portion 136 (first cavity)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the first aerosol cooling element of Besso with the first aerosol cooling element of Li-5050 because Besso, Lord, and Li-5050 are directed to smoking articles, Li-5050 demonstrates that its first aerosol cooling element comprises upstream and downstream peripheral openings and a transverse opening, wherein the size and relative location of the peripheral and transverse openings can be adjusted to control the level of ventilation and resistance to draw of an aerosol generating article (Li-5050, [0034]-[0041], [0046], Figs. 1 and 5), and this involves replacing one first aerosol cooling element with another to yield predictable results. In this configuration, the article of Besso in view of Lord and Li-5050 satisfies the limitations: “a length of the first cavity is less than a length of the second cavity, wherein the plurality of peripheral openings comprises one or more upstream openings located upstream of the transverse wall so that fluid communication between the exterior of the hollow tubular segment and the first cavity is established.”
The range for the aerosol former content disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious. See MPEP § 2144.05 (I).
Regarding Claim 24, Besso in view of Lord, Lavanchy, and Li-5050 teaches the aerosol-generating article according to claim 16. Li-5050 further teaches the aerosol-generating article wherein the one or more peripheral openings comprises one or more elliptical openings ([0040], Fig. 5; Elongate holes 134, 142 are elliptical openings).
Regarding Claim 25, Besso in view of Lord, Lavanchy, and Li-5050 teaches the aerosol-generating article according to claim 24, but does not teach the article wherein a surface area of the one or more elliptical openings is between about 15 square mm and about 95 square mm.
The precise surface area of the one or more elliptical openings would have been considered a result effective variable by one of ordinary skill in the art before the effective filing date of the invention because the ventilation level of the aerosol is a variable which can be modified by the surface area of the one or more elliptical openings (Li-5050, [0033]-[0034], [0037], The number of elongate holes 134, 142 and their sizes can be modified to alter the ventilation level). As such, without showing unexpected results, the claimed surface area cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized the surface area by routine experimentation to obtain the desired ventilation level, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art (see MPEP § 2144.05, II).
Regarding Claim 27, Besso in view of Lord, Lavanchy, and Li-5050 teaches the aerosol-generating article according to claim 16. Besso further teaches the article wherein the first aerosol-cooling element extends all the way to a downstream end of the aerosol-generating article (pg, 11, ln 10-30, Figs. 1-2; Smoking article 10 includes filter 14 downstream of the rod 12 of tobacco cut filler. Filter 14 comprises a hollow tube segment 20 defining a cavity 22 at the mouth end of the filter. A flow restrictor 24 may be positioned within the cavity 22 as shown in Fig. 2. Hollow tube segment 20 (first aerosol cooling element) extends all the way to a downstream end of the smoking article 10 (aerosol-generating article). The first aerosol cooling element of Besso has been replaced with the first aerosol cooling element of Li-5050, as applied to Claim 16),
but does not teach the article further comprising a second aerosol-cooling element downstream of the hollow tubular support element, wherein the first aerosol-cooling element is positioned downstream of the second aerosol-cooling element.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to duplicate the first aerosol-cooling element and dispose it downstream of the hollow tubular support element and upstream of the first aerosol-cooling element in order to further filter and cool the aerosol generated from the aerosol generating substrate. This would merely involve duplication of parts and positioning another aerosol-cooling element at a different section of the aerosol-generating article to perform the same function.
Regarding Claim 30, Besso in view of Lord, Lavanchy, and Li-5050 teaches the aerosol-generating article according to claim 16. Li-5050 further teaches the aerosol-generating article wherein a ratio between a length of the first cavity and a length of the second cavity is at least about 0.15 ([0033], [0040], Fig. 5; Flow restricting filter segment 126 of Fig. 5 has a symmetric design such that the lengths of second upstream tubular body portion 136 (first cavity) and tubular body portion 132 (second cavity) are equal. Therefore, the ratio between a length of the first cavity and a length of the second cavity is 1. Fig. 1 shows that the length of tubular body portion 132 (second cavity) is about 5-6 times the length of second upstream tubular body portion 136 (first cavity). Therefore, in the article of Fig. 1, a ratio between a length of the first cavity and a length of the second cavity is in the range of about 0.16-0.20).
Regarding Claim 32, Besso in view of Lord, Lavanchy, and Li-5050 teaches the aerosol-generating article according to claim 31. Lavanchy further teaches the article wherein the transverse wall extends outside of the annular insulating member in a radial direction ([0155]-[0156], Fig. 1; If seal 58 (annular insulating member) is positioned between the circular transverse wall and the tubular peripheral wall, it is reasonably understood that the tubular peripheral wall extends outside of seal 58 (annular insulating member) in a radial direction).
Claims 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over Besso (WO 2017/055500 A1) in view of Lord (US 2021/0244077 A1), Lavanchy (US 2018/0007959 A1), and Li-5050 (US 2007/0235050 A1) as applied to Claim 16, and further in view of Li-6850 (US 2008/0216850).
Regarding Claim 20, Besso in view of Lord, Lavanchy, and Li-5050 does not teach the aerosol-generating article wherein an axial length of the one or more upstream openings is less than an axial length of the one or more downstream openings.
Li-6850, directed to smoking articles ([0008]), teaches an aerosol-generating article for producing an aerosol upon heating ([0024]-[0025], Figs. 1-2; Smoking article 10 comprises unfiltered cigarette (tobacco rod) 20. It is reasonably understood that a cigarette generates smoke (an aerosol) upon heating), the aerosol-generating article comprising:
a rod of aerosol-generating substrate ([0024]-[0025], Figs. 1-2; Unfiltered cigarette (tobacco rod) 20 generates smoke (an aerosol) upon heating); and
a first aerosol-cooling element positioned downstream of rod of aerosol-generating substrate ([0024]-[0025], [0028], Figs. 1-2, and 9; Connector 30 comprises ventilation passages 60 along the length of upstream cavity 34. It is reasonably understood that the ambient air is at a lower temperature than the aerosol produced via heating, and therefore, cools the aerosol),
the aerosol-cooling element comprising a hollow tubular segment ([0024]-[0025], [0028], Figs. 1-2, and 9; Connector 30 has a hollow tubular shape),
the hollow tubular segment comprising a peripheral wall ([0024]-[0025], [0028], [0033], Figs. 1-2, and 9; Connector 30 comprises a peripheral wall defining outer surface 33 and inner surface 35) and
a transverse wall at a location between an upstream end and a downstream end of the hollow tubular segment ([0024]-[0026], [0028], Figs. 1-2, and 9; Transverse partition 50 is positioned between screening material 80 (upstream end) and end 18 (downstream end) of connector 30),
such that the hollow tubular segment defines a first cavity upstream of the transverse wall and a second cavity downstream of the transverse wall ([0024]-[0025], [0028], Figs. 1-2, and 9; Connector 30 defines upstream cavity 34 that is upstream of transverse partition 50 (first cavity), and downstream cavity 36 downstream of transverse partition 50),
wherein the transverse wall comprises one or more transverse openings establishing fluid communication between the first cavity and the second cavity ([0024]-[0025], [0028], Figs. 1-2, and 6; Transverse partition 50 comprises orifice 52 establishing fluid communication between upstream cavity 34 (first cavity), and downstream cavity 36 (second cavity)), and
wherein the peripheral wall comprises one or more peripheral openings located at one or more longitudinal positions away from the transverse wall so that fluid communication between an exterior of the hollow tubular segment and at least one of the first cavity and the second cavity is established ([0024]-[0025], [0027]-[0028], Figs. 1-2; Connector 30 comprises ventilation passages 60 along the peripheral length of upstream cavity 34 at multiple longitudinal positions away from transverse partition 50. If air is able to enter connector 30 through ventilation passages 60, it is reasonably understood that fluid communication between an exterior of connector 30 and upstream cavity 34 (first cavity) is established. [0043], Fig. 9 shows that Connector 30 may comprise at least one row of holes or perforations 92 along the peripheral length of downstream cavity 32 at multiple longitudinal positions away from transverse partition 50. If air is able to enter connector 30 through perforations 92, it is reasonably understood that fluid communication between an exterior of connector 30 and downstream cavity 32 is established).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to configure an axial length of the one or more upstream openings to be less than an axial length of the one or more downstream openings because Besso, Lord, Lavanchy, Li-5050, and Li-6850 are directed to smoking articles, Li-6850 demonstrates that the openings can have a variety of axial lengths (Li-6850, [0027], [0043], [0045], Figs. 2, 10-11; The ventilation passages 60 of Fig. 2, the perforations 90 of Fig. 10, and the ventilation passages 60 of Fig. 11 all have different axial lengths), the sizes of openings are configured to achieve a ventilation level between 10% and 90% (Li-6850, [0027], [0029], [0035]-[0036]) and the length of the openings can be selected to impart a desired level of pressure drop to the flow of ventilation air (Li-6850, [0036]). Therefore, one of ordinary skill would have been motivated to optimize the axial lengths of the upstream openings and the downstream openings by routine experimentation to achieve the desired ventilation level and level of pressure drop to the flow of ventilation air.
Regarding Claims 21-23, Besso in view of Lord, Lavanchy, and Li-5050 does not teach the aerosol-generating article wherein the one or more peripheral openings comprises one or more circular openings, wherein a diameter of the one or more circular openings is at least about 0.5 mm, wherein a diameter of the one or more circular openings is no greater than about 2 mm.
Li-6850, directed to smoking articles ([0008]), teaches an aerosol-generating article for producing an aerosol upon heating ([0024]-[0025], Figs. 1-2; Smoking article 10 comprises unfiltered cigarette (tobacco rod) 20. It is reasonably understood that a cigarette generates smoke (an aerosol) upon heating), the aerosol-generating article comprising:
a rod of aerosol-generating substrate ([0024]-[0025], Figs. 1-2; Unfiltered cigarette (tobacco rod) 20 generates smoke (an aerosol) upon heating); and
a first aerosol-cooling element positioned downstream of rod of aerosol-generating substrate ([0024]-[0025], [0028], Figs. 1-2, and 9; Connector 30 comprises ventilation passages 60 along the length of upstream cavity 34. It is reasonably understood that the ambient air is at a lower temperature than the aerosol produced via heating, and therefore, cools the aerosol),
the aerosol-cooling element comprising a hollow tubular segment ([0024]-[0025], [0028], Figs. 1-2, and 9; Connector 30 has a hollow tubular shape),
the hollow tubular segment comprising a peripheral wall ([0024]-[0025], [0028], [0033], Figs. 1-2, and 9; Connector 30 comprises a peripheral wall defining outer surface 33 and inner surface 35) and
a transverse wall at a location between an upstream end and a downstream end of the hollow tubular segment ([0024]-[0026], [0028], Figs. 1-2, and 9; Transverse partition 50 is positioned between screening material 80 (upstream end) and end 18 (downstream end) of connector 30),
such that the hollow tubular segment defines a first cavity upstream of the transverse wall and a second cavity downstream of the transverse wall ([0024]-[0025], [0028], Figs. 1-2, and 9; Connector 30 defines upstream cavity 34 that is upstream of transverse partition 50 (first cavity), and downstream cavity 36 downstream of transverse partition 50),
wherein the transverse wall comprises one or more transverse openings establishing fluid communication between the first cavity and the second cavity ([0024]-[0025], [0028], Figs. 1-2, and 6; Transverse partition 50 comprises orifice 52 establishing fluid communication between upstream cavity 34 (first cavity), and downstream cavity 36 (second cavity)), and
wherein the peripheral wall comprises one or more peripheral openings located at one or more longitudinal positions away from the transverse wall so that fluid communication between an exterior of the hollow tubular segment and at least one of the first cavity and the second cavity is established ([0024]-[0025], [0027]-[0028], [0043], Figs. 1-2, and 9; Connector 30 comprises at least one row of holes or perforations 92 along the peripheral length of downstream cavity 32 at multiple longitudinal positions away from transverse partition 50. If air is able to enter connector 30 through perforations 92, it is reasonably understood that fluid communication between an exterior of connector 30 and downstream cavity 32 is established),
wherein the one or more peripheral openings comprises one or more circular openings ([0043], Figs. 1-2, and 9; Holes/Perforations 92 are circular),
wherein a diameter of the one or more circular openings is at least about 0.5 mm, and wherein a diameter of the one or more circular openings is no greater than about 2 mm ([0039], [0043], Figs. 7 and 9; Transverse partition 50 has a thickness 56 of about 0.5 mm to about 1.5 mm. The diameter of the circular perforations 92 is about the same length as the thickness 56 of transverse partition 50, and therefore, the diameter of circular perforations is at least about 0.5 mm and no greater than about 2 mm).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the aerosol-generating article taught by Besso in view of Lord, Lavanchy, and Li-5050 wherein the one or more peripheral openings comprises one or more circular openings as taught by Li-6850 because Besso, Lord, Lavanchy, Li-5050, and Li-6850 are directed to smoking articles, and changing the cross section of the peripheral openings from elliptical to circular constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the peripheral openings of Besso in view of Lord, Lavanchy, and Li-5050 having the same size as implicitly disclosed by Li-6850 because Li-6850 demonstrates that peripheral openings having a diameter between 0.5 mm and 2 mm are suitable for ventilating a smoking article to a ventilation level of 10-90% (Li-6850, [0027]-[0029], [0043]), and the teaching in Li-6850 would have motivated one to provide the peripheral openings within the claimed diameter ranges.
The ranges for the diameter suggested by the prior art overlap the claimed ranges, and therefore the claimed ranges are considered prima facie obvious.
Conclusion
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/J.M.M./
Examiner, Art Unit 1755/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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