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, 3-8, 11-14, 19-21, and 26-27 are pending and are subject to this Office Action. Claims 1 and 27 are amended. Claims 2, 9-10, 15-18, and 22-25 are cancelled. Claims 11-14, and 19-20 are withdrawn.
Response to Amendments
The amendments to the claims filed on November 7, 2025 are acknowledged.
Response to Arguments
Applicant's arguments, see pgs 5-9, filed November 7, 2025, with respect to the rejection(s) of claims 1, 3-8, 10, 21, and 26-27 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claim 1 to require a limitation that the previously applied prior art does not disclose: “wherein the carrier is bonded to the aerosol generating material by casting a slurry comprising the aerosol generating material onto a surface of the carrier.” Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art references in combination with previously applied prior art.
The following is a modified rejection based on amendments made to the claims.
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 1, 3, 5-8, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over McAdam (US 6,408,856 B1) in view of Inagaki (US 2011/0192408 A1), Moreno (US 2021/00227878 A1), and Ferrie (US 2021/0244076 A1).
Regarding Claim 1, McAdam, directed to aerosol generating articles (col 2, ln 19-20, The present invention provides a smoking article smokable filler material comprising aerosol generating means; and col 5, ln 42-58, The smoking article smokable filler material can be used in a smoking article configured for an aerosol delivery device, wherein the article is heated to generate an aerosol) and smoking articles (col 1, ln 5-8), teaches an aerosol generating article for use in an aerosol generating assembly (col 2, ln 19-22, col 5, ln 59-61, col 6, ln 30-35; The smoking article smokable filler material is provided in a wrapper to form a smoking article. The smoking article is lit by a heat source to cause the smoking article to burn and generate smoke. Smoke is an aerosol, and therefore the smoking article is an aerosol generating article. The smoking article and the heat source form an aerosol generating assembly; col 5, ln 42-58, The smoking article smokable filler material can be used in a smoking article configured for an aerosol delivery device, wherein the article is heated to generate an aerosol. The article and the aerosol delivery device also form an aerosol generating assembly), the article comprising
an aerosol generating substrate comprising an aerosol generating material (col 2, ln 19-22, col 5, ln 59-61, col 6, ln 30-35; The smoking article comprises the smoking article smokable filler material. The smoking article smoking filler material is burned to generate an aerosol (smoke)),
wherein the aerosol generating material is solid (col 7, ln 10-33; Example 1 describes a method of manufacturing the smoking article smokable filler material, wherein the dry ingredients are blended together before hydration as described above to provide a paste. The paste is formed into strands, and left to dry. It is reasonably understood that the dried paste strands form a solid material) and
comprises a starch (col 2, ln 19-22, col 2, ln 60-67, The smoking article smokable filler material comprises a biopolymer, which may be starch); and
a plasticizer (col 2, ln 19-22, col 4, ln 62 - col 5, ln 2; The smoking article smokable filler material comprises aerosol generating means, which may include glycerol, propylene glycol, triethyl citrate, triacetin, or high boiling point hydrocarbons. Glycerol, propylene glycol, triethyl citrate, and triacetin are plasticizers; see instant specification, pg 6, ln 13-20),
wherein the amount of plasticizer is from about 5% to 70% by weight of the starch (col 7, ln 10-33, Table 1; Various compositions of smokable filler material were made by the method described in Example 1. The compositions of the smokable filler materials are shown Table 1. Sample Number 2 includes 30% starch and 10% glycerol (plasticizer). The amount of plasticizer is therefore 33% by weight of the starch. McAdam consistently reports compositional values as percentages by weight (col 2, ln 41-59, col 3, ln 12-39), and it is reasonably understood that the composition percentages are provided by weight),
wherein the aerosol generating substrate comprises a carrier on which the aerosol generating material is provided (col 5, ln 41-43, col 5, ln 59-61; The smoking article smokable filler material (aerosol generating material) may be surrounded by a paper wrapper. Applicant states that the carrier may be a paper material directly abutting the aerosol generating material (see instant specification, pg 10, ln 21-23)),
but does not teach the aerosol generating article i) wherein the carrier is bonded to the aerosol generating material by casting a slurry comprising the aerosol generating material onto a surface of the carrier, and ii) wherein the carrier is a paper-backed foil where the foil layer abuts the aerosol generating material.
With respect to i), Inagaki, directed to aerosol generating articles ([0004]-[0010], Heating tobacco without combustion generates an aerosol), teaches an aerosol generating article ([0027]-[0030], Figs. 1-3; Non-combustion flavor inhalation article (aerosol generating article) includes roll 20 including a tobacco sheet and mouthpiece 30),
the article comprising an aerosol generating substrate comprising an aerosol generating material ([0027]-[0030], Figs. 1-3; Non-combustion flavor inhalation article (aerosol generating article) includes roll 20 including a tobacco sheet. Tobacco is an aerosol generating substrate and material)
wherein the aerosol generating material is solid ([0031]-[0033], Figs. 1-3; Non-combustion flavor inhalation article (aerosol generating article) includes roll 20 including a tobacco sheet. Roll 20 may be formed by a method including 1) mixing tobacco, adhesive material, water, a flavor, and a humectant in a necessary ratio in advance to prepare slurry; 2) casting the slurry in a necessary thickness on the wrapping material; and 3) drying the slurry to make a composite material comprising the above wrapping material and film-like tobacco layer which are bonded with each other. A dried slurry is a solid) and
comprises a plasticizer ([0031]-[0033], Figs. 1-3; Non-combustion flavor inhalation article (aerosol generating article) includes roll 20 including a tobacco sheet. Roll 20 may be formed by a method including 1) mixing tobacco, adhesive material, water, a flavor, and a humectant such as glycerin in a necessary ratio in advance to prepare slurry. Glycerol (glycerin) is a plasticizer; see instant specification, pg 6, ln 13-20),
wherein the aerosol generating substrate comprises a carrier on which the aerosol generating material is provided ([0031]-[0033], Figs. 1-3; Non-combustion flavor inhalation article (aerosol generating article) includes roll 20 including a tobacco sheet. Roll 20 may be formed by a method including 1) mixing tobacco, adhesive material, water, a flavor, and a humectant in a necessary ratio in advance to prepare slurry; 2) casting the slurry in a necessary thickness on the wrapping material 22; and 3) drying the slurry to make a composite material comprising the above wrapping material 22 and film-like tobacco layer which are bonded with each other),
wherein the carrier is bonded to the aerosol generating material by casting a slurry comprising the aerosol generating material onto a surface of the carrier ([0031]-[0033], Figs. 1-3; Non-combustion flavor inhalation article (aerosol generating article) includes roll 20 including a tobacco sheet. Roll 20 may be formed by a method including 1) mixing tobacco, adhesive material, water, a flavor, and a humectant in a necessary ratio in advance to prepare slurry; 2) casting the slurry in a necessary thickness on the wrapping material 22; and 3) drying the slurry to make a composite material comprising the above wrapping material 22 and film-like tobacco layer which are bonded with each other).
Moreno, directed to aerosol generating articles ([0001]), teaches an aerosol generating article ([0062], Figs. 1-2; Aerosol generating article 1), comprising
an aerosol generating substrate comprising an aerosol generating material ([0062], Figs. 1-2; Aerosol generating article 1 comprises a first body of aerosol forming material 22, and a second body of aerosol forming material 26),
wherein the aerosol generating substrate comprises a carrier on which the aerosol generating material is provided ([0063], Figs. 1-2; The article 1 comprises a first body of aerosol forming material 22, a first tubular member 24 surrounding the first body of aerosol forming material 22, a second body of aerosol forming material 26 surrounding the first tubular member 24 and a second tubular member 28 (carrier) surrounding the second body of aerosol forming material 26. [0066], The second tubular member 28 is concentric with the first tubular member 24 and comprises a paper wrapper. Applicant states that the carrier may be a paper material directly abutting the aerosol generating material (see instant specification, pg 10, ln 21-23)),
wherein the carrier is bonded to the aerosol generating material ([0016], [0063], [0081]-[0083], Fig. 1-2; At least part of the second body of aerosol forming material 26 that is constituted by the sheet 40 of aerosol forming material is adhered to the paper wrapper that constitutes the second tubular member 28 (carrier). An adhesive is provided between the second body of aerosol forming material 26 and the second tubular member 28 (carrier). It is reasonably understood that an adhesive bond is formed between the second body of aerosol forming material 26 and the second tubular member 28 (carrier)),
wherein bonding a carrier to an aerosol generating material increases the structural integrity of the aerosol generating article (Moreno, [0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to bond the carrier to the aerosol generating material by casting a slurry comprising the aerosol generating material onto a surface of the carrier taught by McAdam together as taught by Inagaki because McAdam, Inagaki, and Moreno are directed to aerosol generating articles, Moreno demonstrates that bonding a carrier to an aerosol generating material increases the structural integrity of the aerosol generating article (Moreno, [0041]), and the teaching in Moreno would have motivated one of ordinary skill in the art to combine the disclosures of McAdam and Inagaki to yield to claimed aerosol generating article.
McAdam in view of Inagaki and Moreno does not teach the aerosol generating article ii) wherein the carrier is a paper-backed foil where the foil layer abuts the aerosol generating material.
With respect to ii), Ferrie, directed to aerosol generating articles ([0025]), teaches an aerosol generating article for use in an aerosol generating assembly ([0025], [1008], Fig. 16; HNB consumable 10d; and [0078]-[0082], The HNB consumable (aerosol generating article) is used with a HNB device (aerosol generating assembly) configured to heat but not burn the consumable to generate an aerosol), the article comprising
an aerosol generating substrate comprising an aerosol generating material ([1008], Fig. 16; HNB consumable 10d comprises an aerosol-forming substrate 14d comprising reconstituted tobacco (an aerosol generating material)),
wherein the aerosol generating substrate comprises a carrier on which the aerosol generating material is provided ([1012], Fig. 16; The aerosol-forming substrate 14d is circumscribed by a layer of aluminum foil 108a, which in turn is circumscribed by a paper wrapping layer 18d. The aerosol-forming substrate is therefore circumscribed by a laminate wrapper comprising two layers: the inner aluminum foil layer 108a and the outer paper layer 108b. The laminate wrapper is the carrier), and
wherein the carrier is a paper-backed foil where the foil layer abuts the aerosol generating material ([0295]-[0302], [1012], Fig. 16; The aerosol-forming substrate 14d is circumscribed by a layer of aluminum foil 108a, which in turn is circumscribed by a paper wrapping layer 18d. The foil layer and the paper layer may be adhered to each other to form a paper-backed foil).
It would have been obvious to one of ordinary skill in the art to replace the carrier of McAdam with the carrier of Ferrie because McAdam, Inagaki, Moreno, and Ferrie are directed to aerosol generating articles, Ferrie demonstrates that the foil layer provides advantageous properties of resistance to ignition and/or combustion but also ductility, ease of availability and manufacture, good heat dissipation to the aerosol-forming substrate (Ferrie, [0303]), adhering a foil layer to a paper layer to form a carrier increases the structural integrity of the aerosol generating article (Ferrie, [0302]), and the paper outer layer allows for easier handling of the aerosol-forming article (Ferrie, [0298]), and this involves substituting one carrier for another to yield predictable results.
Regarding Claim 3, McAdam in view of Inagaki, Moreno, and Ferrie teaches the aerosol generating article according to claim 1. McAdam further teaches the aerosol generating article wherein the aerosol generating material further comprises a tobacco material (col 2, ln 19-25, col 7, ln 10-33, Table 1; The smoking article smokable filler material may comprise a tobacco extract. Sample 2 of Table 1 includes 400 mL of tobacco extract).
Regarding Claim 5, McAdam in view of Inagaki, Moreno, and Ferrie teaches the aerosol generating article according to claim 3. McAdam further teaches the aerosol generating article wherein the tobacco material comprises a tobacco extract (col 2, ln 19-25, col 7, ln 10-33, Table 1; The smoking article smokable filler material may comprise a tobacco extract. Sample 2 of Table 1 includes 400 mL of tobacco extract).
Regarding Claim 6, McAdam in view of Inagaki, Moreno, and Ferrie teaches the aerosol generating article according to claim 1. McAdam further teaches the aerosol generating article wherein the plasticizer is selected from erythritol, sorbitol, glycerol, glycols such as propylene glycol, monohydric alcohols, high boiling point hydrocarbons, lactic acid, diacetin, triacetin, triethylene glycol diacetate, triethyl citrate, ethyl myristate, isopropyl myristate, methyl stearate, dimethyl dodecanedioate and dimethyl tetradecanedioate (col 2, ln 19-22, col 4, ln 62 - col 5, ln 2 col 7, ln 10-33, Table 1; The smoking article smokable filler material comprises aerosol generating means, which may include glycerol, propylene glycol, triethyl citrate, triacetin, or high boiling point hydrocarbons. Sample 2 of Table 1 includes 10% glycerol).
Regarding Claim 7, McAdam in view of Inagaki, Moreno, and Ferrie teaches the aerosol generating article according to claim 1. McAdam further teaches the aerosol generating article wherein the starch comprises potato starch (col 2, ln 19-22, col 2, ln 60-67, The smoking article smokable filler material comprises a biopolymer, which may be potato starch).
Regarding Claim 8, McAdam in view of Inagaki, Moreno, and Ferrie teaches the aerosol generating article according to claim 1. McAdam further teaches the aerosol generating article wherein the solid aerosol generating material is formed as a sheet (col 5, ln 3-20, The smoking article smokable filler material may be extruded and cast as a sheet).
Regarding Claim 21, McAdam in view of Inagaki, Moreno, and Ferrie teaches the aerosol generating article according to claim 1. McAdam further teaches the aerosol generating article wherein the solid comprises no calcium carbonate (col 4, ln 9-23, McAdam states that the inorganic filler may be other inorganic filler materials such as perlite, vermiculite, diatomaceous earth, colloidal silica, magnesium oxide, magnesium sulphate or other low density, non-combustible, inorganic filler materials known to those skilled in the art).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over McAdam (US 6,408,856 B1) in view of Inagaki (US 2011/0192408 A1), Moreno (US 2021/00227878 A1), and Ferrie (US 2021/0244076 A1) as applied to Claim 3, and further in view of Biggs (US 6,779,531 B1, cited on the IDS dated 1/25/2022) as evidenced by Higgins (US 2022/0184545 A1).
Regarding Claim 4, McAdam teaches the aerosol generating article comprising tobacco solids (col 2, ln 4-8, col 4, ln 1-7; The smokable filler material may comprise up to 5 wt% tobacco leaf material, other than extracts), does not teach the aerosol generating article wherein the tobacco material comprises a powdered tobacco material having a particle size of less than about 250 µm
Biggs, directed to smoking articles (col 1, ln 3), teaches an aerosol generating article for use in an aerosol generating assembly (abstract, col 1, ln 8-11, col 2, ln 50-58; A smoking article is provided. The smoking article is lit by a heat source to cause the smoking article to burn and generate smoke. Smoke is an aerosol, and therefore the smoking article is an aerosol generating article. The smoking article and the heat source form an aerosol generating assembly),
the article comprising an aerosol generating substrate comprising an aerosol generating material (abstract, col 1, ln 8-11, col 2, ln 50-58; A smoking article comprises a smokable rod of smoking material. The smoking material is burned to generate an aerosol (smoke)),
wherein the aerosol generating material is solid (col 1, ln 36-44; The smoking material is formed by slurrying the components with water, casting the slurry to form a sheet. The product is cut and shredded to provide a particulate smoking material. It is reasonably understood that the particulate smoking material is a solid material) and
comprises a starch (col 5, ln 23-31, Table 3; Several sample formulations of the smoking material are shown in Table 3. Sample 51a includes 15 wt% of cooked starch) and
a plasticizer (col 5, ln 23-31, Table 3; Sample 51a includes 6 wt% of glycerol (plasticizer)),
wherein the amount of plasticizer is from about 5% to 70% by weight of the starch (col 5, ln 23-31, Table 3; Sample 51a includes 15 wt% of cooked starch and 6 wt% of glycerol (plasticizer). The amount of glycerol (plasticizer) is 40% by weight of the starch),
wherein the tobacco material comprises a powdered tobacco material having a particle size of less than about 250 µm (col 1, ln 36-44, col 5, ln 23-31, Table 3; Sample 51a includes 20 wt% of tobacco. The smoking material is formed by slurrying the components, in fine particulate form, with water. The term “fine particulate” refers to particles having a particle size of less than 2.5 µm (see Higgins, [0016])).
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 tobacco material taught by McAdam as a powdered tobacco material having a particle size of less than about 250 µm as taught by Biggs because McAdam and Biggs are directed to smoking articles, Biggs demonstrates that fine particulate tobacco having a particle size of less than about 250 µm is optimal for forming an aerosol generating material by slurrying the dry components with water and casting the slurry to form a sheet (Biggs, col 3, ln 36-44), McAdam states that the aerosol generating material is formed by slurrying the dry components and casting the slurry to form a sheet (McAdam, col 8, ln 24-36), and the teaching in Biggs would have motivated one of ordinary skill to provide the tobacco material of McAdam having the claimed particle size.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over McAdam (US 6,408,856 B1) in view of Inagaki (US 2009/0277466 A1), Moreno (US 2021/00227878 A1), and Ferrie (US 2021/0244076 A1) as applied to Claim 1, and further in view of Iwanaga (US 2021/0235747 A1).
Regarding Claim 26, McAdam in view of Inagaki and Ferrie does not teach the aerosol generating article wherein the metal foil layer has a thickness of less than 20µm.
Iwanaga, directed to aerosol generating articles ([0002]-[0003]), teaches an aerosol generating article for use in an aerosol generating assembly ([0013], Fig. 1; The electric heating-type smoking system 11 includes a main body 12 and a rod 14 (a non-combustible heating-type smoking article). [0043], Fig. 4; Main body 12 comprises a heater 21 which is configured to heat rod 14 to generate an aerosol. Therefore, rod 14 is an aerosol generating article and the electric heating-type smoking system 11 is an aerosol generating assembly), the article comprising
an aerosol generating substrate comprising an aerosol generating material ([0020], [0030]-[0031], Fig. 1; Rod 14 (aerosol generating article) includes a tobacco part 24 filled with the tobacco filler 23. The tobacco filler (tobacco filling material) 23 according to the present invention includes tobacco and the aerosol-generating base material such as glycerin propylene glycol (PG). Tobacco is an aerosol generating material; see instant specification, pg 12, ln 27),
wherein the aerosol generating material is solid ([0020], [0030]-[0031], Fig. 1; Rod 14 (aerosol generating article) includes a tobacco part 24 filled with the tobacco filler 23. It is reasonably understood that a tobacco part 24 formed from a sheet-molded material or cut rag of tobacco leaf is solid) and
comprises a plasticizer ([0020], [0030]-[0031], Fig. 1; Rod 14 (aerosol generating article) includes a tobacco part 24 filled with the tobacco filler 23. The tobacco filler (tobacco filling material) 23 according to the present invention includes tobacco and the aerosol-generating base material such as glycerin propylene glycol (PG). Glycerol (glycerine) and propylene glycol are plasticizers; see instant specification, pg 6, ln 13-20),
wherein the aerosol generating substrate comprises a carrier on which the aerosol generating material is provided ([0020], [0030], Fig. 2; Rod 14 (aerosol generating article) includes a tobacco part 24 filled with the tobacco filler 23. The tobacco part 24 includes the tobacco filler 23 and a wrapper 41 enclosing the tobacco filler 23. [0035], Fig. 3; The wrapper 41 includes a substrate sheet 42 made of metal, a first sheet 43 (inner sheet) made of paper, a second sheet 44 (outer sheet) made of paper. The first sheet 43 directly abuts the tobacco filler 23 (aerosol generating material), Applicant states that the carrier may be a paper material directly abutting the aerosol generating material (see instant specification, pg 10, ln 21-23). Therefore, wrapper 41 is a carrier),
wherein the carrier is a laminate structure ([0035], Fig. 3; The wrapper 41 includes a substrate sheet 42 made of metal, a first sheet 43 (inner sheet) made of paper, a second sheet 44 (outer sheet) made of paper). Applicant defines a laminate structure as a carrier formed from layers of materials such as metal foil or paper; see instant specification, pg 9-10),
wherein the carrier comprises a metal foil layer and a support layer ([0035], Fig. 3; The wrapper 41 includes a substrate sheet 42 made of metal, a first sheet 43 (inner sheet) made of paper, a second sheet 44 (outer sheet) made of paper). [0037], The substrate sheet 42 is formed of a metal foil. Each of the paper layers can be regarded as a support layer),
wherein the metal foil layer has a thickness of less than 20µm ([0037], The substrate sheet 42 is formed of a metal foil. A thickness of the substrate sheet 42 is preferably 6 to 18 μm).
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 carrier of McAdam in view of Inagaki, Moreno, and Ferrie wherein the metal foil layer has a thickness of less than 20µm as taught by Iwanaga because McAdam, Inagaki, Moreno, Ferrie, and Iwanaga are directed to aerosol generating articles, Ferrie lacks any disclosure or suggestion of a thickness for the foil layer, Iwanaga demonstrates that a thickness of less than 20µm is suitable for a metal foil layer of a laminate carrier (Iwanaga, [0035]-[0037]), and the teaching in Iwanaga would have motivated one of ordinary skill in the art to provide the metal foil layer having the claimed thickness.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over McAdam (US 6,408,856 B1) in view of Inagaki (US 2011/0192408 A1), Moreno (US 2021/00227878 A1), and Conner (US 2015/0359259 A1).
Regarding Claim 27, McAdam, directed to aerosol generating articles (col 2, ln 19-20, The present invention provides a smoking article smokable filler material comprising aerosol generating means; and col 5, ln 42-58, The smoking article smokable filler material can be used in a smoking article configured for an aerosol delivery device, wherein the article is heated to generate an aerosol) and smoking articles (col 1, ln 5-8), teaches an aerosol generating article for use in an aerosol generating assembly (col 2, ln 19-22, col 5, ln 59-61, col 6, ln 30-35; The smoking article smokable filler material is provided in a wrapper to form a smoking article. The smoking article is lit by a heat source to cause the smoking article to burn and generate smoke. Smoke is an aerosol, and therefore the smoking article is an aerosol generating article. The smoking article and the heat source form an aerosol generating assembly; col 5, ln 42-58, The smoking article smokable filler material can be used in a smoking article configured for an aerosol delivery device, wherein the article is heated to generate an aerosol. The article and the aerosol delivery device also form an aerosol generating assembly),
the article comprising an aerosol generating substrate comprising an aerosol generating material (col 2, ln 19-22, col 5, ln 59-61, col 6, ln 30-35; The smoking article comprises the smoking article smokable filler material. The smoking article smoking filler material is burned to generate an aerosol (smoke)),
wherein the aerosol generating material is solid (col 7, ln 10-33; Example 1 describes a method of manufacturing the smoking article smokable filler material, wherein the dry ingredients are blended together before hydration as described above to provide a paste. The paste is formed into strands, and left to dry. It is reasonably understood that the dried paste strands form a solid material) and
comprises a starch (col 2, ln 19-22, col 2, ln 60-67, The smoking article smokable filler material comprises a biopolymer, which may be starch); and
a plasticizer (col 2, ln 19-22, col 4, ln 62 - col 5, ln 2; The smoking article smokable filler material comprises aerosol generating means, which may include glycerol, propylene glycol, triethyl citrate, triacetin, or high boiling point hydrocarbons. Glycerol, propylene glycol, triethyl citrate, and triacetin are plasticizers; see instant specification, pg 6, ln 13-20),
wherein the amount of plasticizer is from about 5% to 70% by weight of the starch (col 7, ln 10-33, Table 1; Various compositions of smokable filler material were made by the method described in Example 1. The compositions of the smokable filler materials are shown Table 1. Sample Number 2 includes 30% starch and 10% glycerol (plasticizer). The amount of plasticizer is therefore 33% by weight of the starch. McAdam consistently reports compositional values as percentages by weight (col 2, ln 41-59, col 3, ln 12-39), and it is reasonably understood that the composition percentages are provided by weight),
wherein the aerosol generating substrate comprises a carrier on which the aerosol generating material is provided (col 5, ln 41-43, col 5, ln 59-61; The smoking article smokable filler material (aerosol generating material) may be surrounded by a paper wrapper. Applicant states that the carrier may be a paper material directly abutting the aerosol generating material (see instant specification, pg 10, ln 21-23)),
but does not teach the aerosol generating article i) wherein the carrier is bonded to the aerosol generating material by casting a slurry comprising the aerosol generating material onto a surface of the carrier, and ii) wherein the carrier is disposed so as to have a rougher side abutting the aerosol generating material and a smoother side facing away from the aerosol generating material.
With respect to i), Inagaki, directed to aerosol generating articles ([0004]-[0010], Heating tobacco without combustion generates an aerosol), teaches an aerosol generating article ([0027]-[0030], Figs. 1-3; Non-combustion flavor inhalation article (aerosol generating article) includes roll 20 including a tobacco sheet and mouthpiece 30),
the article comprising an aerosol generating substrate comprising an aerosol generating material ([0027]-[0030], Figs. 1-3; Non-combustion flavor inhalation article (aerosol generating article) includes roll 20 including a tobacco sheet. Tobacco is an aerosol generating substrate and material)
wherein the aerosol generating material is solid ([0031]-[0033], Figs. 1-3; Non-combustion flavor inhalation article (aerosol generating article) includes roll 20 including a tobacco sheet. Roll 20 may be formed by a method including 1) mixing tobacco, adhesive material, water, a flavor, and a humectant in a necessary ratio in advance to prepare slurry; 2) casting the slurry in a necessary thickness on the wrapping material; and 3) drying the slurry to make a composite material comprising the above wrapping material and film-like tobacco layer which are bonded with each other. A dried slurry is a solid) and
comprises a plasticizer ([0031]-[0033], Figs. 1-3; Non-combustion flavor inhalation article (aerosol generating article) includes roll 20 including a tobacco sheet. Roll 20 may be formed by a method including 1) mixing tobacco, adhesive material, water, a flavor, and a humectant such as glycerin in a necessary ratio in advance to prepare slurry. Glycerol (glycerin) is a plasticizer; see instant specification, pg 6, ln 13-20),
wherein the aerosol generating substrate comprises a carrier on which the aerosol generating material is provided ([0031]-[0033], Figs. 1-3; Non-combustion flavor inhalation article (aerosol generating article) includes roll 20 including a tobacco sheet. Roll 20 may be formed by a method including 1) mixing tobacco, adhesive material, water, a flavor, and a humectant in a necessary ratio in advance to prepare slurry; 2) casting the slurry in a necessary thickness on the wrapping material 22; and 3) drying the slurry to make a composite material comprising the above wrapping material 22 and film-like tobacco layer which are bonded with each other),
wherein the carrier is bonded to the aerosol generating material by casting a slurry comprising the aerosol generating material onto a surface of the carrier ([0031]-[0033], Figs. 1-3; Non-combustion flavor inhalation article (aerosol generating article) includes roll 20 including a tobacco sheet. Roll 20 may be formed by a method including 1) mixing tobacco, adhesive material, water, a flavor, and a humectant in a necessary ratio in advance to prepare slurry; 2) casting the slurry in a necessary thickness on the wrapping material 22; and 3) drying the slurry to make a composite material comprising the above wrapping material 22 and film-like tobacco layer which are bonded with each other).
Moreno, directed to aerosol generating articles ([0001]), teaches an aerosol generating article ([0062], Figs. 1-2; Aerosol generating article 1), comprising
an aerosol generating substrate comprising an aerosol generating material ([0062], Figs. 1-2; Aerosol generating article 1 comprises a first body of aerosol forming material 22, and a second body of aerosol forming material 26),
wherein the aerosol generating substrate comprises a carrier on which the aerosol generating material is provided ([0063], Figs. 1-2; The article 1 comprises a first body of aerosol forming material 22, a first tubular member 24 surrounding the first body of aerosol forming material 22, a second body of aerosol forming material 26 surrounding the first tubular member 24 and a second tubular member 28 (carrier) surrounding the second body of aerosol forming material 26. [0066], The second tubular member 28 is concentric with the first tubular member 24 and comprises a paper wrapper. Applicant states that the carrier may be a paper material directly abutting the aerosol generating material (see instant specification, pg 10, ln 21-23)),
wherein the carrier is bonded to the aerosol generating material ([0016], [0063], [0081]-[0083], Fig. 1-2; At least part of the second body of aerosol forming material 26 that is constituted by the sheet 40 of aerosol forming material is adhered to the paper wrapper that constitutes the second tubular member 28 (carrier). An adhesive is provided between the second body of aerosol forming material 26 and the second tubular member 28 (carrier). It is reasonably understood that an adhesive bond is formed between the second body of aerosol forming material 26 and the second tubular member 28 (carrier)),
wherein bonding a carrier to an aerosol generating material increases the structural integrity of the aerosol generating article (Moreno, [0041]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to bond the carrier to the aerosol generating material by casting a slurry comprising the aerosol generating material onto a surface of the carrier taught by McAdam together as taught by Inagaki because McAdam, Inagaki, and Moreno are directed to aerosol generating articles, Moreno demonstrates that bonding a carrier to an aerosol generating material increases the structural integrity of the aerosol generating article (Moreno, [0041]), and the teaching in Moreno would have motivated one of ordinary skill in the art to combine the disclosures of McAdam and Inagaki to yield to claimed aerosol generating article.
McAdam in view of Inagaki and Moreno does not teach the aerosol generating article ii) wherein the carrier is disposed so as to have a rougher side abutting the aerosol generating material and a smoother side facing away from the aerosol generating material.
With respect to ii), Conner, directed to aerosol generating articles ([0007], The smoking article (cigarette) comprises an aerosol generating substrate), teaches an aerosol generating article ([0070], Fig. 7; Cigarette 710), the article comprising:
an aerosol generating substrate comprising an aerosol generating material ([0070]-[0071], Fig. 7; Cigarette 710) comprises a tobacco rod 769 (aerosol generating substrate). Cigarette 710 also comprises a substrate cavity 756 defined by a space extending longitudinally within the wrapping material 764, wherein the substrate cavity 756 may be filled with tobacco pellets (aerosol generating substrate). Tobacco is an aerosol generating material),
wherein the aerosol generating substrate comprises a carrier on which the aerosol generating material is provided ([0070]-[0074], Fig. 7; Cigarette 710 comprises a wrapping material 764. The wrapping material 764 may include a paper sheet 783. A foil strip or patch 784 may be laminated to the outer surface of the paper sheet 783 to form a laminated coated region. The foil strip 784 may have a width extending along substantially the entire width of the paper sheet 783 to circumscribe substantially the entire circumference of the heat-generation segment 735, the substrate cavity 764, and the tobacco rod 769. The foil laminated paper forms a carrier), and
wherein the carrier is disposed so as to have a rougher side abutting the aerosol generating material and a smoother side facing away from the aerosol generating material ([0070]-[0074], Fig. 7; Cigarette 710 also comprises a substrate cavity 756 defined by a space extending longitudinally within the wrapping material 764, wherein the substrate cavity 756 may be filled with tobacco pellets (substrate 763). Wrapping material 764 may include a paper sheet 783, and a foil strip or patch 784 may be laminated to the outer surface of the paper sheet 783. Therefore, the paper sheet 783 may directly abut the tobacco pellets (aerosol generating material) within substrate cavity 756, and the foil patch 784 may face away from the tobacco pellets (aerosol generating material). As one of ordinary skill in the art would recognize that paper is rougher than foil and foil is smoother than paper, the foil laminated paper (carrier) is disposed so as to have a rougher side abutting the aerosol generating material and a smoother side facing away from the aerosol generating material).
It would have been obvious to one of ordinary skill in the art to replace the carrier of McAdam with the carrier of Conner such that the carrier is disposed so as to have a rougher side abutting the aerosol generating material and a smoother side facing away from the aerosol generating material because McAdam, Inagaki, Moreno, and Conner are directed to aerosol generating articles, Conner demonstrates that the foil layer increases the heat transfer through the aerosol generating article, and may aid in volatilizing the aerosol generating material for aerosol formation (Conner, [0070]-[0074]), and this involves substituting one carrier for another to yield predictable results.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755