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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 June 4, 2026 has been entered.
Status of the Claims
Claims 1-2, and 4-16 are pending and are subject to this Office Action. Claims 10-15 are withdrawn. Claims 1, and 4-6 are amended.
Response to Amendments
The amendments to the claims filed on June 4, 2026 are acknowledged.
Response to Arguments
Applicant' s arguments, see pgs 6-11, filed June 4, 2026, with respect to the rejection(s) of claims 1-9, and 16 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claim 1 to a limitation that the previously applied prior art does not disclose: “wherein applying the aerosol-forming gel comprises inserting at least one moving tooth of a gel dosing device into the at least one depression and delivering the aerosol-forming gel through a through hole in the at least one moving tooth, wherein a tip of the at least one moving tooth is distanced from a bottom of the at least one depression to define a space that receives the aerosol-forming gel.” While both Westphal and Watanabe disclose the limitation of cancelled Claim 3: “wherein the applying the aerosol-forming gel comprises applying the aerosol-forming gel via a through hole in at least one moving tooth of a gel dosing device”, none of the previously cited prior art discloses the method wherein applying the aerosol-forming gel comprises inserting at least one the moving tooth into the at least one depression, wherein a tip of the at least one moving tooth is distanced from a bottom of the at least one depression to define a space that receives the aerosol-forming gel. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a combination of 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.
Claim 1-2, 4, 6-7, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Blandino (US 2018/0242636 A1) in view of John (US 2018/0271153 A1), Westphal (US 5,607,508 A, cited on the IDS dated 1/26/2022), and White (US 5,720,175 A).
Regarding Claim 1, Blandino, directed to apparatuses for heating an aerosol generating material ([0002], [0041]), directed to coating methods ([0050], [0066], [0080]-[0083], Fig. 6; [0080]-[0083] describe a method for the manufacture of article 6 comprising a positioning smokable material within the corrugations of elongate member 20 as depicted in Fig. 6), and directed to corrugated metal sheets ([0050], [0056], [0066], Fig. 6; Elongate member 20 is a corrugated metal sheet), teaches a method for the manufacture of a susceptor sheet material comprising an aerosol-forming gel ([0041]-[0042], [0045], [0050], [0066], [0072], [0080]-[0083], Fig. 6; Article 6 comprises elongate member 20. Elongate member 20 is a corrugated sheet material having smokable material 10 within the corrugations as shown in Fig. 6. Elongate member 20 is susceptible to eddy currents being induced therein by penetration with a varying magnetic field, and is therefore, a susceptor. Smokable material 10 can be a gel as described in [0042], which is heated to form an aerosol as described in [0041]. [0080]-[0083] describe a method for the manufacture of article 6 comprising elongate member 20 and smokable material 10), the method comprising:
providing a susceptor sheet material comprising at least one depression on both sides of the susceptor sheet material ([0050], [0066], [0080]-[0081], Fig. 6; The method comprises providing elongate member 20 (susceptor sheet material). As shown in Fig. 6, the corrugations on elongate member 20 form a plurality of depressions arranged on both sides);
applying aerosol-forming gel to the at least one depression on both sides of the susceptor sheet material ([0041]-[0042], [0050], [0066], [0080]-[0082], Fig. 6; Elongate member 20 (susceptor sheet material) is inserted into a mass of smokable material 10 (aerosol-forming gel), wherein smokable material 10 fills the corrugations on both sides of elongate member 20),
but does not teach the method comprising i) applying aerosol-forming gel only to the at least one depression on both sides of the susceptor sheet material and not to portions of the susceptor sheet material not comprising depressions, ii) wherein applying the aerosol-forming gel comprises delivering the aerosol-forming gel through a through hole in the at least one moving tooth of a gel dosing device, iii) wherein applying the aerosol-forming gel comprises inserting the at least one moving tooth into the at least one depression, wherein a tip of the at least one moving tooth is distanced from a bottom of the at least one depression to define a space that receives the aerosol-forming gel.
With respect to i), John, directed to apparatuses for heating an aerosol generating material ([0002]), teaches a method for the manufacture of a metal sheet material comprising an aerosol-forming gel ([0040]-[0042], [0121]-[0132], Figs. 2-3, 14; Receptacle 7 is a metal sheet material comprising recesses 7a filled with an aerosol generating material 9, as shown in Figs. 2-3. The aerosol generating material 9 may be a gel. Fig. 14 shows a method for the manufacture of receptacle 7 comprising aerosol generating material 9), the method comprising:
providing a metal sheet material comprising at least one depression ([0040]-[0042], [0121]-[0122], Figs. 2-3, 14; The method comprises providing receptacle 7 (metal sheet material) comprising recesses 7a (depression));
applying aerosol-forming gel only to the at least one depression of the susceptor sheet material and not to portions of the susceptor sheet material not comprising depressions ([0040]-[0042], [0121]-[0132], Figs. 2-3, 14; Aerosol generating material 9 is applied to the recesses 7a of receptacle 7. The aerosol-generating material may be a gel).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the aerosol-forming gel only to the at least one depression on both sides of the susceptor sheet material and not to portions of the susceptor sheet material not comprising depressions similarly as taught by John because Blandino and John are directed to apparatuses for heating an aerosol generating material, John demonstrates that aerosol-forming gels having different compositions may be applied to different depressions of the metal sheet material (John, [0065]-[0066], Figs. 2-3; The aerosol generating material 9 is applied to different recesses 7a of receptacle 7 may comprise different flavorants), and that the gel in each depression may be selectively heated to form an aerosol having a desired flavor (John, [0045], [0065]-[0066]). Further, Blandino demonstrates that certain regions of the susceptor may be selectively heated by one of a plurality of heating coils to generate an aerosol from the smokable material (gel) at a specific location of the article (Blandino, [0087]-[0090], [0097]). Therefore, applying the aerosol-forming gel only to the at least one depression on both sides of the susceptor sheet material and not to portions of the susceptor sheet material not comprising depressions would enable one to apply aerosol-forming gels having different compositions to different depressions such that the localized heating may generate aerosols having a customizable flavor as taught by John (John, [0045], [0065]-[0066]).
With respect to ii), Westphal, directed to coating methods (col 2, ln 1-4), teaches a method for the manufacture of a susceptor sheet material comprising a coating material (col 1, ln 7-12, col 2, ln 1-4), the method comprising:
providing a sheet material comprising at least one depression on both sides of the sheet material (col 3, ln 65 – col 4, ln 34, Fig. 5; Corrugated sheet material 1 comprises at least one sheet material trough 3 (depression) on both sides of corrugated sheet material 1. Corrugated sheet material 1 is provided to the apparatus shown in Fig. 5);
applying coating material to at least one of the depressions (col 3, ln 65 – col 4, ln 34, Fig. 5; The apparatus shown in Fig. 5 comprises nozzles 13 which apply coating material 14 to at least one sheet material trough 3)
wherein applying the aerosol-forming gel comprises inserting delivering the aerosol-forming gel through a through hole in the at least one moving tooth of a gel dosing device (col 3, ln 65 – col 4, ln 34, Fig. 5; The apparatus shown in Fig. 5 comprises nozzles 13 which apply coating material 14 to sheet material trough 3 via apertures 12 (through hole) positioned on the first roller crests 7 of first roller 4. First roller 4 is a coating material dosing device because it contains nozzles 13 supplying the coating material 14. First roller crests 7 can be regarded as moving teeth because they are triangularly shaped like a canine tooth, and rotate along with first roller 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the aerosol forming gel to the at least one depression on both sides of the susceptor sheet material taught by Blandino via a through hole in at least one moving tooth of a coating material dosing device as taught by Westphal because Blandino and Westphal are directed to methods of coating a sheet material, Westphal demonstrates that the coating material dosing device overcomes the shortcomings of prior art devices by controlling the amount and location of material applied to reduce uneven application and waste (Westphal, col 1, ln 52-59, col 2, ln 1-4), and this involves combining steps from prior art methods to yield predictable results. Further because aerosol forming gel is the coating material applied to the susceptor sheet material as taught by Blandino (Blandino, [0041]-[0042], [0050], [0066], Fig. 6), the coating material dosing device can be regarded as a gel dosing device.
With respect to iii), White, directed to coating methods (col 10, ln 26-46, Fig. 17; At the spray station 451, a nozzle head 461 is manipulated to direct a fine mist of liquid or semi-frozen ingredient onto an inside wall of a mold. The sprayed ingredient freezes in place to coat the inside wall), teaches a method of applying a material into a depression (col 10, ln 26-46, Fig. 17; The sprayed ingredient is applied to the inside wall of a mold (depression), the method comprising:
inserting the at least one moving nozzle into the at least one depression, wherein a tip of the at least one moving nozzle is distanced from a bottom of the at least one depression to define a space (col 10, ln 26-46, Fig. 17; At the spray station 451, a nozzle head 461 (tip of a moving nozzle) is manipulated by robotic arm 462 to direct a fine mist of liquid or semi-frozen ingredient onto an inside wall of a mold (depression). Fig. 17 shows that the nozzle head 461 is inserted into the mold (depression) and distanced from a bottom of the mold to define a space).
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 method wherein applying the aerosol-forming gel comprises inserting the at least one moving tooth into the at least one depression, wherein a tip of the at least one moving tooth is distanced from a bottom of the at least one depression to define a space similarly taught by White because Blandino and White are directed to coating methods, White demonstrates that inserting the at least one moving nozzle into the at least one depression wherein a tip of the at least one moving nozzle is distanced from a bottom of the at least one depression ensures that the coating material is applied to the inner wall of the depression and that the coating material retained within the depression (col 10, ln 26-46, Fig. 17), and this involves combining prior art elements according to known methods to yield predictable results. Further, because the tip of the at least one moving tooth is distanced from a bottom of the at least one depression to define a space, the space would be necessarily capable of receiving the aerosol-forming gel.
Regarding Claim 2, Blandino in view of John, Westphal, and White does not teach the method further comprising applying different aerosol-forming gels to different depressions of the susceptor sheet material, wherein different aerosol-forming gels differ in at least one of flavour, nicotine, aerosol-forming agent, aerosolization temperature.
John, directed to apparatuses for heating an aerosol generating material ([0002]), teaches a method for the manufacture of a metal sheet material comprising an aerosol-forming gel ([0040]-[0042], [0121]-[0132], Figs. 2-3, 14; Receptacle 7 is a metal sheet material comprising recesses 7a filled with an aerosol generating material 9, as shown in Figs. 2-3. The aerosol generating material 9 may be a gel. Fig. 14 shows a method for the manufacture of receptacle 7 comprising aerosol generating material 9), the method comprising:
providing a metal sheet material comprising at least one depression ([0040]-[0042], [0121]-[0122], Figs. 2-3, 14; The method comprises providing receptacle 7 (metal sheet material) comprising recesses 7a (depression));
applying aerosol-forming gel to the at least one depression ([0040]-[0042], [0121]-[0132], Figs. 2-3, 14; Aerosol generating material 9 is applied to the recesses 7a of receptacle 7. The aerosol-generating material may be a gel),
further comprising applying different aerosol-forming gels to different depressions of the metal sheet material ([0065]-[0066], Figs. 2-3; The aerosol generating material 9 is applied to different recesses 7a of receptacle 7 may comprise different flavorants),
wherein different aerosol-forming gels differ in at least one of flavour, nicotine, aerosol-forming agent, aerosolization temperature ([0065]-[0066], Figs. 2-3; The aerosol generating material 9 is applied to different recesses 7a of receptacle 7 may comprise different flavorants).
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 method taught by Blandino in view of John, Westphal, and White further comprising applying different aerosol-forming gels to different depressions of the susceptor sheet material, wherein different aerosol-forming gels differ in at least one of flavour, nicotine, aerosol-forming agent, aerosolization temperature as taught by John because Blandino and John are directed to apparatuses for heating an aerosol generating material, John demonstrates that different depressions comprising different aerosol-forming gels can be selectively heated by different heating elements to customize the flavor profile of the generated aerosol (John, [0065]-[0069]), wherein the heating elements may be inductive heating elements to heat a susceptor (John, [0047]), and this involves combining steps from prior art methods to yield predictable results.
Regarding Claim 4, Blandino in view of John, Westphal, and White teaches the method according to claim 1. Westphal further teaches the method wherein the applying the aerosol-forming gel comprises applying the aerosol-forming gel via the through hole in at least one moving tooth of a dosing wheel drum comprising circumferentially arranged teeth (col 3, ln 65 – col 4, ln 34, Fig. 5; The apparatus shown in Fig. 5 comprises nozzles 13 which apply coating material 14 to sheet material trough 3 via apertures 12 (through hole) positioned on the first roller crests 7 of first roller 4. First roller 4 is a dosing wheel drum because it is a receptacle containing nozzles 13 which supply the coating material 14, and rotates similar to a wheel. First roller crests 7 can be regarded as moving teeth because they are triangularly shaped like a canine tooth, and rotate along with first roller 4. First roller crests 7 are circumferentially arranged on first roller 4).
Regarding Claim 6, Blandino in view of John, Westphal, and White teaches the method according to claim 1, but does not teach the method wherein the applying the aerosol-forming gel comprises applying the aerosol-forming gel over a width of the susceptor sheet material through a plurality of through holes arranged over a width of the tooth.
Westphal, directed to methods of coating a sheet material (col 2, ln 1-4), teaches a method for the manufacture of a susceptor sheet material comprising a coating material (col 1, ln 7-12, col 2, ln 1-4), the method comprising:
providing a sheet material comprising at least one depression on both sides of the sheet material (col 3, ln 65 – col 4, ln 34, Fig. 5; Corrugated sheet material 1 comprises at least one sheet material trough 3 (depression) on both sides of corrugated sheet material 1. Corrugated sheet material 1 is provided to the apparatus shown in Fig. 5);
applying coating material to at least one of the depressions (col 3, ln 65 – col 4, ln 34, Fig. 5; The apparatus shown in Fig. 5 comprises nozzles 13 which apply coating material 14 to at least one sheet material trough 3)
applying the coating material via a through hole in at least one moving tooth of a coating material dosing device (col 3, ln 65 – col 4, ln 34, Fig. 5; The apparatus shown in Fig. 5 comprises nozzles 13 which apply coating material 14 to sheet material troughs 3 via apertures 12 (through hole) positioned on the first roller crests 7 of first roller 4. First roller 4 is a coating material dosing device because it contains nozzles 13 supplying the coating material 14. First roller crests 7 can be regarded as moving teeth because they are triangularly shaped like a canine tooth, and rotate along with first roller 4),
applying the coating material over a width of the sheet material through a plurality of through holes arranged on the tooth (col 3, ln 65 – col 4, ln 34, Fig. 5; Nozzles 13 apply coating material 14 over a width of corrugated sheet material 1 through apertures 12 on first roller crests 7. Multiple apertures 12 may be positioned on one first roller crest 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the aerosol forming gel taught by Blandino via a through hole in at least one moving tooth of a coating material dosing device as taught by Westphal such that the coating material is applied over a width of the susceptor sheet material through a plurality of through holes arranged on the tooth because Blandino and Westphal are directed to methods of coating a sheet material, Westphal demonstrates that the coating material dosing device overcomes the shortcomings of prior art devices by controlling the amount and location of material applied to reduce uneven application and waste (Westphal, col 1, ln 52-59, col 2, ln 1-4), and this involves combining steps from prior art methods to yield predictable results. Further, it would have been obvious to one of ordinary skill in the art to optimize the arrangement of the plurality of through holes on the tooth by routine experimentation in order to improve the rate or degree of application of the aerosol forming gel to the depressions on both sides of the susceptor sheet material.
Regarding Claims 7 and 16, Blandino in view of John, Westphal, and White teaches the method according to claims 1 and 2, but does not teach the method further comprising: providing a conduit with at least one gel inlet, guiding the susceptor sheet material inside and along the conduit, injecting aerosol-forming gel via the at least one gel inlet into the conduit and to the susceptor sheet material guided inside and along the conduit.
Westphal, directed to methods of coating a sheet material (col 2, ln 1-4), teaches a method for the manufacture of a susceptor sheet material comprising a coating material (col 1, ln 7-12, col 2, ln 1-4), the method comprising:
providing a sheet material comprising at least one depression on both sides of the sheet material (col 3, ln 65 – col 4, ln 34, Fig. 5; Corrugated sheet material 1 comprises at least one sheet material trough 3 (depression) on both sides of corrugated sheet material 1. Corrugated sheet material 1 is provided to the apparatus shown in Fig. 5);
applying coating material to at least one of the depressions (col 3, ln 65 – col 4, ln 34, Fig. 5; The apparatus shown in Fig. 5 comprises nozzles 13 which apply coating material 14 to at least one sheet material trough 3)
providing a conduit with at least one coating material inlet (col 3, ln 65 – col 4, ln 34, Fig. 5; The apparatus shown in Fig. 5 comprises first roller 4 and second roller 9. First roller 4 includes first roller crests 7 and first roller troughs 8, second roller 9 includes second roller crests 10 and second roller troughs 11. First roller crests 7 align with second roller troughs 11, and first roller troughs 8 align with second roller crests 10 to define a conduit through which corrugated sheet material 1 is guided. First roller crest 7 includes an aperture 12 through which coating material 14 is introduced to the conduit),
guiding the susceptor sheet material inside and along the conduit (col 3, ln 65 – col 4, ln 34, Fig. 5; First roller 4 and second roller 9 rotate in the directions shown in Fig. 5 to guide corrugated sheet material 1 inside and along the conduit formed between them),
injecting coating material via the at least one coating material inlet into the conduit and to the sheet material guided inside and along the conduit (col 3, ln 65 – col 4, ln 34, Fig. 5; First roller 4 comprises nozzles 13 which inject coating material 14 via apertures 12 (inlets) into the conduit formed between first roller 4 and second roller 9 and to corrugated sheet material 1 guided inside and along the conduit).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the aerosol forming gel taught by Blandino using the apparatus taught by Westphal such that the method comprises providing a conduit with at least one inlet, guiding the susceptor sheet material inside and along the conduit, injecting aerosol-forming gel via the at least one inlet into the conduit and to the susceptor sheet material guided inside and along the conduit because Blandino and Westphal are directed to methods of coating a sheet material, Westphal demonstrates that the coating material dosing device overcomes the shortcomings of prior art devices by controlling the amount and location of material applied to reduce uneven application and waste (Westphal, col 1, ln 52-59, col 2, ln 1-4), and this involves combining steps from prior art methods to yield predictable results. Further because aerosol forming gel is the coating material applied to the susceptor sheet material as taught by Blandino (Blandino, [0041]-[0042], [0050], [0066], Fig. 6), the inlet can be regarded as a gel inlet.
Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Blandino (US 2018/0242636 A1) in view of John (US 2018/0271153 A1), Watanabe (US 2018/0345310 A1), and White (US 5,720,175 A).
Regarding Claim 1, Blandino, directed to apparatuses for heating an aerosol generating material ([0002], [0041]), directed to coating methods ([0050], [0066], [0080]-[0083], Fig. 6; [0080]-[0083] describe a method for the manufacture of article 6 comprising a positioning smokable material within the corrugations of elongate member 20 as depicted in Fig. 6), and directed to corrugated metal sheets ([0050], [0056], [0066], Fig. 6; Elongate member 20 is a corrugated metal sheet), teaches a method for the manufacture of a susceptor sheet material comprising an aerosol-forming gel ([0041]-[0042], [0045], [0050], [0066], [0072], [0080]-[0083], Fig. 6; Article 6 comprises elongate member 20. Elongate member 20 is a corrugated sheet material having smokable material 10 within the corrugations as shown in Fig. 6. Elongate member 20 is susceptible to eddy currents being induced therein by penetration with a varying magnetic field, and is therefore, a susceptor. Smokable material 10 can be a gel as described in [0042], which is heated to form an aerosol as described in [0041]. [0080]-[0083] describe a method for the manufacture of article 6 comprising elongate member 20 and smokable material 10), the method comprising:
providing a susceptor sheet material comprising at least one depression on both sides of the susceptor sheet material ([0050], [0066], [0080]-[0081], Fig. 6; The method comprises providing elongate member 20 (susceptor sheet material). As shown in Fig. 6, the corrugations on elongate member 20 form a plurality of depressions arranged on both sides);
applying aerosol-forming gel to the at least one depression on both sides of the susceptor sheet material ([0041]-[0042], [0050], [0066], [0080]-[0082], Fig. 6; Elongate member 20 (susceptor sheet material) is inserted into a mass of smokable material 10 (aerosol-forming gel), wherein smokable material 10 fills the corrugations on both sides of elongate member 20),
but does not teach the method comprising i) applying aerosol-forming gel only to the at least one depression on both sides of the susceptor sheet material and not to portions of the susceptor sheet material not comprising depressions, ii) wherein applying the aerosol-forming gel comprises delivering the aerosol-forming gel through a through hole in the at least one moving tooth of a gel dosing device, iii) wherein applying the aerosol-forming gel comprises inserting the at least one moving tooth into the at least one depression, wherein a tip of the at least one moving tooth is distanced from a bottom of the at least one depression to define a space that receives the aerosol-forming gel.
With respect to i), John, directed to apparatuses for heating an aerosol generating material ([0002]), teaches a method for the manufacture of a metal sheet material comprising an aerosol-forming gel ([0040]-[0042], [0121]-[0132], Figs. 2-3, 14; Receptacle 7 is a metal sheet material comprising recesses 7a filled with an aerosol generating material 9, as shown in Figs. 2-3. The aerosol generating material 9 may be a gel. Fig. 14 shows a method for the manufacture of receptacle 7 comprising aerosol generating material 9), the method comprising:
providing a metal sheet material comprising at least one depression ([0040]-[0042], [0121]-[0122], Figs. 2-3, 14; The method comprises providing receptacle 7 (metal sheet material) comprising recesses 7a (depression));
applying aerosol-forming gel only to the at least one depression of the susceptor sheet material and not to portions of the susceptor sheet material not comprising depressions ([0040]-[0042], [0121]-[0132], Figs. 2-3, 14; Aerosol generating material 9 is applied to the recesses 7a of receptacle 7. The aerosol-generating material may be a gel).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the aerosol-forming gel only to the at least one depression on both sides of the susceptor sheet material and not to portions of the susceptor sheet material not comprising depressions similarly as taught by John because Blandino and John are directed to apparatuses for heating an aerosol generating material, John demonstrates that aerosol-forming gels having different compositions may be applied to different depressions of the metal sheet material (John, [0065]-[0066], Figs. 2-3; The aerosol generating material 9 is applied to different recesses 7a of receptacle 7 may comprise different flavorants), and that the gel in each depression may be selectively heated to form an aerosol having a desired flavor (John, [0045], [0065]-[0066]). Further, Blandino demonstrates that certain regions of the susceptor may be selectively heated by one of a plurality of heating coils to generate an aerosol from the smokable material (gel) at a specific location of the article (Blandino, [0087]-[0090], [0097]). Therefore, applying the aerosol-forming gel only to the at least one depression on both sides of the susceptor sheet material and not to portions of the susceptor sheet material not comprising depressions would enable one to apply aerosol-forming gels having different compositions to different depressions such that the localized heating may generate aerosols having a customizable flavor as taught by John (John, [0045], [0065]-[0066]).
With respect to ii), Watanabe, directed to methods of coating a sheet material ([0017], Fig. 1; Double sided coating device 1coats both sides of a continuously conveyed electrode sheet 10. Watanabe does not explicitly use the word ‘method’ to refer to the operation of the device, however the step of coating electrode sheet 10 forms a method), teaches a method for the manufacture of a sheet material comprising a coating material ([0017], Fig. 1; Double sided coating device 1 coats both sides of a continuously conveyed electrode sheet 10. Watanabe does not explicitly use the word ‘method’ to refer to the operation of the device, however the step of coating electrode sheet 10 forms a method for the manufacture of a sheet material comprising a coating material), the method comprising:
applying coating material to both sides of a sheet material ([0017]-[0024], Fig. 1; Double sided coating device 1 applies an electrode material and an insulating material (coating materials) to both sides of electrode sheet 10); and
applying the coating material via a through hole in at least one moving tooth of a coating material dosing device ([0017]-[0024], [0044], [0057], Fig. 1; Double sided coating device 1 applies an electrode material and an insulating material (coating materials) via through holes in an A-side coating nozzle 3A and a B-side coating nozzle 3B. Coating nozzles 3A, 3B are the dosing components of double-sided coating device 1. Coating nozzles 3A, 3B have a triangular tooth-like shape, and are both capable of moving).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to apply the aerosol forming gel to the at least one depression on both sides of the susceptor sheet material taught by Blandino via a through hole in at least one moving tooth of a coating material dosing device as taught by Watanabe because Blandino and Watanabe are directed to methods of coating a sheet material, Watanabe demonstrates that the coating material dosing device is capable of applying a coating material to both sides of sheet material in a single pass (Watanabe, [0017]-[0024], Fig. 1), and this involves combining steps from prior art methods to yield predictable results. Further because aerosol forming gel is the coating material applied to the susceptor sheet material as taught by Blandino (Blandino, [0041]-[0042], [0050], [0066], Fig. 6), the coating material dosing device can be regarded as a gel dosing device.
With respect to iii), White, directed to coating methods (col 10, ln 26-46, Fig. 17; At the spray station 451, a nozzle head 461 is manipulated to direct a fine mist of liquid or semi-frozen ingredient onto an inside wall of a mold. The sprayed ingredient freezes in place to coat the inside wall), teaches a method of applying a material into a depression (col 10, ln 26-46, Fig. 17; The sprayed ingredient is applied to the inside wall of a mold (depression), the method comprising:
inserting the at least one moving nozzle into the at least one depression, wherein a tip of the at least one moving nozzle is distanced from a bottom of the at least one depression to define a space (col 10, ln 26-46, Fig. 17; At the spray station 451, a nozzle head 461 (tip of a moving nozzle) is manipulated by robotic arm 462 to direct a fine mist of liquid or semi-frozen ingredient onto an inside wall of a mold (depression). Fig. 17 shows that the nozzle head 461 is inserted into the mold (depression) and distanced from a bottom of the mold to define a space).
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 method wherein applying the aerosol-forming gel comprises inserting the at least one moving tooth into the at least one depression, wherein a tip of the at least one moving tooth is distanced from a bottom of the at least one depression to define a space similarly taught by White because Blandino and White are directed to coating methods, White demonstrates that inserting the at least one moving nozzle into the at least one depression wherein a tip of the at least one moving nozzle is distanced from a bottom of the at least one depression ensures that the coating material is applied to the inner wall of the depression and that the coating material retained within the depression (col 10, ln 26-46, Fig. 17), and this involves combining prior art elements according to known methods to yield predictable results. Further, because the tip of the at least one moving tooth is distanced from a bottom of the at least one depression to define a space, the space would be necessarily capable of receiving the aerosol-forming gel.
Regarding Claim 5, Blandino in view of John, Watanabe, and White teaches the method according to claim 1. Watanabe further teaches the method wherein the applying the aerosol-forming gel comprises applying the aerosol-forming gel via the through hole in at least one moving tooth of a dosing belt ([0017]-[0024], [0044], [0057], Fig. 1; Double sided coating device 1 applies coating materials via through holes in an A-side coating nozzle 3A and a B-side coating nozzle 3B. Coating nozzles 3A, 3B have a triangular tooth-like shape, and are both capable of moving. Coating nozzles 3A, 3B both cooperate with conveyor 2, which allows for the dosing of the coating materials to electrode sheet 10. It is reasonably understood that the conveyor 2 is a belt. Further, the coating material taught by Watanabe has been replaced with the aerosol-forming gel taught by Blandino as applied to Claim 1), and
transporting the susceptor sheet material with the dosing belt ([0017]-[0024], [0044], [0057], Fig. 1; Conveyor 2 (dosing belt) transports electrode sheet 10. Further, electrode sheet 10 taught by Watanabe has been replaced with the susceptor sheet material taught by Blandino as applied to Claim 1).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Blandino (US 2018/0242636 A1) in view of John (US 2018/0271153 A1), Westphal (US 5,607,508 A, cited on the IDS dated 1/26/2022), and White (US 5,720,175 A) as applied to Claim 1, and further in view of Bruck (US 2002/0134494 A).
Regarding Claim 8, Blandino in view of John, Westphal, and White does not teach the method further comprising: forming the susceptor sheet material to comprise the at least one depression by passing the susceptor sheet material through a susceptor forming device.
Bruck, directed to corrugated metal sheets ([0017]), teaches a method for the manufacture of a metal sheet material comprising at least one depression on both sides of the metal sheet material ([0017], [0038]-[0041], Fig. 1; The method comprises passing a striplike metal sheet 6 through two intermeshing corrugating rolls 2, 3 to generate a corrugated sheet 8. The corrugations form at least one depression on both sides of corrugated sheet 8), the method comprising:
forming the metal sheet material to comprise the at least one depression by passing the metal sheet material through a corrugated sheet forming device ([0017], [0038]-[0041], Fig. 1; The method comprises passing a striplike metal sheet 6 through two intermeshing corrugating rolls 2, 3 to generate a corrugated sheet 8. The corrugations form at least one depression on both sides of corrugated sheet 8. The two intermeshing corrugating rolls 2, 3 are driven by an electric motor, and therefore, can be regarded as a corrugated sheet forming device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to forming the susceptor sheet material taught by Blandino to comprise the at least one depression by passing the susceptor sheet material through a corrugated sheet forming device as taught by Bruck because Blandino and Bruck are directed to corrugated sheet materials, Blandino states that the susceptor sheet is made of metal (Blandino, [0056]), Bruck demonstrates that the corrugated sheet forming device provides a simple system for producing a corrugated metal sheet wherein the corrugation heights can be adjusted by adjusting the distance between two corrugating rolls (Bruck, [0017]-[0021]), and this involves combining steps from prior art methods to yield predictable results. Further, because a metal sheet is passed through the corrugated sheet forming device taught by Bruck to form the susceptor sheet material taught by Blandino, the corrugated sheet forming device can be regarded as a susceptor forming device.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Blandino (US 2018/0242636 A1) in view of John (US 2018/0271153 A1), Westphal (US 5,607,508 A, cited on the IDS dated 1/26/2022), and White (US 5,720,175 A) as applied to Claim 1, and further in view of Fraser (US 2018/0184712 A1).
Regarding Claim 9, Blandino in view of John, Westphal, and White does not teach the method further comprising passing the susceptor sheet material and a porous sheet material in parallel through a gel dosing device, thereby applying the aerosol-forming gel to the combination of susceptor sheet material and porous sheet material.
Fraser, directed to apparatuses for heating an aerosol generating material ([0002], [0013], Aerosol provision system comprises a heating element for vaporizing a source liquid to generate an aerosol), teaches a vaporizer assembly for use in an aerosol provision system ([0137], Fig. 13; Fig. 13 shows a vaporizer assembly 500 for use in an aerosol provision system) comprising:
susceptor sheet material comprising at least one depression on both sides of the susceptor sheet material ([0136]-[0138], [0141], Fig. 10B, Fig. 13; Vaporizer assembly 500 comprises heating element 506. Heating element 506 is susceptible to induced current flow from an induction coil, and is therefore a susceptor, Heating element 506 is shown in Fig. 13 having a planar sheet structure, however, heating element 506 may comprise undulations similarly shown in the heating element 340 of Fig. 10B. The undulations form at least one depression on both sides of heater element 506) and
porous sheet material positioned directly adjacent to the susceptor sheet material ([0143], Fig. 13; Non-conductive porous material 508 is a sheet positioned directly adjacent to heater element 506),
wherein the susceptor sheet material is configured to vaporize an aerosol forming gel ([0135], [0137], [0141], [0143], Fig. 13; Heating element 506 is configured to source liquid 504 to generate an aerosol. Source liquid 504 may be a gel).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to position a porous sheet material directly adjacent the susceptor sheet material as taught by Fraser, then pass the susceptor sheet material taught by Blandino and a porous sheet material in parallel through the gel dosing device taught by Westphal, thereby applying the aerosol-forming gel to the combination of susceptor sheet material and porous sheet material because Blandino and Fraser are directed to apparatuses for heating an aerosol generating material, Fraser demonstrates that a porous sheet material positioned directly adjacent to the susceptor sheet material serves the function of absorbing and retaining an aerosol forming gel in direct proximity to a susceptor sheet material for subsequent vaporization ([0143], Fig. 13; Porous material 508 retains source liquid 504 (gel) in direct proximity to heating element 506 (susceptor sheet material)), and this involves combining prior art elements according to known methods to yield predictable results.
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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