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, 5-7, 9-10, 24, and 26 are pending and are subject to this Office Action. Claims 4, 8, 11-23, and 25 are cancelled. Claims 1, 3, 6-7, and 26 are amended.
Response to Amendments
The amendments to the claims filed on November 21, 2025 are acknowledged. The 112(b) rejections of claims 1-3, 5-7, 9-10, 24, and 26 have been withdrawn due to the amendments.
Response to Arguments
Applicant's arguments, see pgs 5-8, filed November 21, 2025, with respect to the rejection(s) of claims 1-3, 5-7, 9-10, 24, and 26 under 35 U.S.C. 103 have been fully considered but they are not persuasive.
On pg. 7, Applicant argues that Trzecieski does not disclosure the limitation: “wherein… the opposing transverse surfaces of the housing each comprising upper and lower concave portions which meet at a longitudinally-extending ridge”. Specifically, Applicant argues that the upper and lower concave portions shown in Fig. 7E of Trzecieski belong to tablet 700C – and not to a separate housing that contains the tablet. Examiner does not find the arguments persuasive because, as stated on the non-final rejection, the limitation has been rejected over the combination of Tritz, Balder, Liu, and Trzecieski. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, while the upper and lower concave portions of Trzecieski, Fig. 7E belong to the tablet article itself, Trzecieski provides sufficient motivation for providing the housing and the aerosol forming substrate taught by Tritz wherein each of the opposing transverse surfaces comprises upper and lower concave portions which meet at a longitudinally-extending ridge:
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 housing and the aerosol forming substrate taught by Tritz wherein each of the opposing transverse surfaces comprises upper and lower concave portions which meet at a longitudinally-extending ridge similarly taught by Trzecieski because Tritz, Balder, Liu, Arndt, and Trzecieski are directed to aerosol generating articles, and Trzecieski demonstrates that the concave portions increase the surface area of the aerosol forming substrate available for heat transfer (Trzecieski, [0301]). Tritz states that the housing surrounds the aerosol forming substrate and primarily serves to maintain the desired cross-sectional shape of the aerosol forming substrate ([0012], [0089], Figs. 1-3; The outer cross section of substrate core 10 (aerosol forming substrate) may be rectangular. Wrapper 30 (housing) surrounds the substrate core 10 and primarily serves to maintain the desired non-circular (rectangular) cross-sectional shape of the substrate core 10). Tritz further states that the housing may be a porous material comprising at least one volatile substance to be activated and released from the housing upon heating (Tritz, [0030]). As the article of Tritz is to be heated by a single heating element located within the aerosol-forming substrate (Tritz, [0029], [0089], Figs. 1-3), one of ordinary skill in the art would recognize that increasing the increase the surface area of the aerosol forming substrate available for heat transfer would more effectively heat the housing (located directly exterior to the aerosol forming substrate) to release the volatile substance. Therefore, the disclosure in Trzecieski would have motivated one of ordinary skill in the art to provide each of the opposing transverse surfaces comprising upper and lower concave portions which meet at a longitudinally-extending ridge. Furthermore, the change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
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.
Claims 1-3, 5-7, 9-10, 24, and 26 are 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 1 recites the limitation “the opposing transverse surfaces each comprising upper and lower concave portions which meet at a longitudinally-extending ridge” on ln 19-22. The limitation renders the claim indefinite because the only opposing transverse surfaces disclosed in claim 1 belong to the downstream filter (see ln 5-7). However, based on the wording of the claim and the Applicant Arguments (see pgs. 5-8), the limitation appears to refer to the transverse surfaces of the housing – not the filter. For examination purposes, Examiner has interpreted limitation to refer to the transverse surfaces of the housing. Claims 2-3, 5-7, 9-10, and 24, which depend on Claim 1, are similarly rejected by virtue of dependency.
Claim 26 recites the limitation “wherein the liquid release member is positioned at the longitudinal end face of the filter” on ln 18-19. The limitation renders the claim indefinite because Claim 26 recites “an upstream longitudinal end face” on ln 5 and “a downstream longitudinal end face” on ln 5. Therefore, it is unclear which longitudinal end face to which the limitation refers. However, based on the the Applicant Arguments (see pgs. 8-9) and the Figures, the limitation appears to refer to the upstream longitudinal end face. For examination purposes, Examiner has interpreted limitation to refer to the upstream longitudinal end face.
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, 7, 9-10, and 24 are rejected under 35 U.S.C. 103 as being unpatentable over Tritz (US 2020/0337366 A1) in view of Balder (US 2021/0030058 A1), Liu (US 2021/0177047 A1), Arndt (US 2022/0218016 A1), and Trzecieski (US 2019/0192810 A1).
Regarding Claim 1, Tritz, directed to aerosol generating articles and devices ([0001]), teaches a heat not burn (HNB) consumable ([0006], [0089], Figs. 1-3; Aerosol-generating article 1 is a consumable which is heated not combusted to generate an aerosol) comprising
having an upstream end face and downstream end face with an axis extending therebetween ([0006], [0089], Figs. 1-3; Aerosol-generating article 1 includes a flat upstream end face and a flat downstream end face with a longitudinal axis extending therebetween),
the downstream end face comprising a mouthpiece aperture ([0006], [0089]-[0091], Figs. 1-3; Aerosol-generating article 1 may include preformed strip-shaped slot 50 extending lengthwise through the entire substrate core 10 along its center axis. The slot 50 is exposed at the downstream end face),
the consumable comprising a housing ([0030], [0088]-[0089], Figs. 1-3; The substrate core 10 may include a wrapper 30 (housing) surrounding the aerosol forming substrate. The wrapper 30 may be a paper, metal, or plastic material which houses substrate core 10),
an aerosol-forming substrate proximal the upstream end face ([0089], Figs. 1-3; Aerosol-generating article 1 comprises aerosol-forming substrate core 10 extending from the upstream end face to the downstream end face) and
a filter ([0044]),
wherein the aerosol-forming substrate and filter are provided within the housing ([0030], [0088]-[0089], Figs. 1-3; The substrate core 10 may include a wrapper 30 (housing) surrounding the aerosol forming substrate. [0044], The filter may be provided within the wrapper 30),
wherein the housing comprises upper and lower walls spaced by opposing longitudinally-extending transverse surfaces ([0012], [0089], Figs. 1-3; The outer cross section of substrate core 10 may be rectangular. As the wrapper 30 surround the substrate core 10 and primarily serves to maintain the desired non-circular (rectangular) cross-sectional shape of the substrate core 10, it is reasonably understood that wrapper 30 (housing) would have the same cross-sectional shape. An elongate wrapper 30 having a rectangular cross section forms a rectangular prism. A rectangular prism necessarily has upper and lower walls spaced by opposing longitudinally-extending transverse surfaces),
but does not teach the consumable comprising i) a downstream filter proximal the downstream end face, the downstream filter having an upstream longitudinal end face, a downstream longitudinal end face opposing the upstream longitudinal end face, and upper and lower surfaces spaced by opposing longitudinally-extending transverse surfaces wherein the downstream filter has a greater width than depth, wherein the width is between the transverse surfaces and the depth is between the upper and lower surfaces, wherein the downstream filter comprises a hollow bore extending from the upstream longitudinal end face of the downstream filter to the downstream longitudinal end face of the downstream filter, and ii) wherein the downstream filter comprises at least one inwardly-extending air flow path extending from at least one of the upper, lower or transverse surfaces to the hollow bore and towards an axial centre of the downstream filter, wherein the at least one air flow path is defined by a channel having an opening provided on one of the upper, lower or transverse surfaces, and wherein the at least one air flow path is substantially perpendicular to the axis of the consumable extending between the upstream and downstream end faces, and iii) wherein the consumable comprises a spacer interposed between the filter and the substrate, the spacer defining a chamber downstream of the aerosol-forming substrate; wherein the spacer is provided within the housing and iv) wherein the opposing transverse surfaces of the housing each comprise upper and lower concave portions which meet at a longitudinally-extending ridge.
With respect to i), Balder, directed to aerosol generating devices ([0016], A vaporizer or electronic cigarette is an aerosol generating device), teaches a downstream filter ([0016], [0023]-[0024], Figs. 3B and 3D; Filter 100 is attached at the mouth end of vaporizer 400. It is reasonably understood that a generated aerosol flows downstream through the filter before inhalation by a user)
the downstream filter having an upstream longitudinal end face ([0023], Figs. 3B and 3D; Filter 100 of Figs. 3B and 3D comprise an upstream longitudinal end face at the bottom of filter 100),
a downstream longitudinal end face opposing the upstream longitudinal end face ([0023], Figs. 3B and 3D; Filter 100 of Figs. 3B and 3D comprise a downstream longitudinal end face at the top of filter 100 opposing the upstream longitudinal end face), and
upper and lower surfaces spaced by opposing longitudinally-extending transverse surfaces ([0023], Figs. 3B and 3D; Filter 100 of Figs. 3B and 3D comprise upper and lower surfaces (front and back) spaced by opposing longitudinally-extending transverse surfaces (left and right))
wherein the downstream filter has a greater width than depth, wherein the width is between the transverse surfaces and the depth is between the upper and lower surfaces ([0023], Figs. 3B and 3D; Filter 100 of Figs. 3B and 3D has a greater width than depth, wherein the width is between the transverse surfaces (left and right) and the depth is between the upper and lower surfaces (front and back)),
wherein the downstream filter comprises a hollow bore extending from the upstream longitudinal end face of the downstream filter to the downstream longitudinal end face of the downstream filter ([0016], [0018], [0023], Figs. 1, 3B, and 3D; Filter 100 of Figs. 3B and 3D include an aperture 104, which is a hollow bore extending from the upstream longitudinal end face at the bottom of filter 100 to the downstream longitudinal end face at the top of filter 100).
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 filter taught by Balder (e.g. Fig. 3B and 3D) proximal the downstream end face of the aerosol-forming substrate taught by Tritz because Tritz and Balder are directed to aerosol generating articles, Tritz states that the heat not burn consumable can include a filter having the same outer cross-section as the aerosol-forming substrate (Tritz, [0044]) and the aerosol-forming substrate has the cross-sectional shape of a rectangle or a rectangle with rounded corners (Tritz, [0012], [0089], Fig. 2; Aerosol-forming substrate core 10), Balder demonstrates that the filter can have a cross-sectional shape of a rectangle or rectangle with rounded corners (Balder, [0023], Figs. 3B and 3D; Filter 100 of Fig. 3B has a rectangular cross-section. The lower surface of filter 100 of Fig. 3D has the shape of a rectangle with rounded corners), and this involves combining prior art elements according to known methods to yield predictable results.
Tritz in view of Balder does not teach the consumable ii) wherein the downstream filter comprises at least one inwardly-extending air flow path extending from at least one of the upper, lower or transverse surfaces to the hollow bore and towards an axial centre of the downstream filter, wherein the at least one air flow path is defined by a channel having an opening provided on one of the upper, lower or transverse surfaces, and wherein the at least one air flow path is substantially perpendicular to the axis of the consumable extending between the upstream and downstream end faces, and iii) wherein the consumable comprises a spacer interposed between the filter and the substrate, the spacer defining a chamber downstream of the aerosol-forming substrate; wherein the spacer is provided within the housing and iv) wherein the opposing transverse surfaces of the housing each comprise upper and lower concave portions which meet at a longitudinally-extending ridge.
With respect to ii), Liu, directed to aerosol-generating articles ([0002], [0036], [0041]-[0042], Fig. 1-5; Fig. 1 shows a cigarette (article) including a tobacco section which may be heated without ignition to generate an aerosol), teaches a heat not burn consumable ([0002], [0036], [0041]-[0042], Fig. 1-5; Fig. 1 shows a cigarette (consumable) including a tobacco section and filter section, wherein the cigarette may be ignited to generate smoke, or heated without ignition to generate an aerosol) comprising:
an aerosol-forming substrate ([0002], [0036], [0041]-[0042], Fig. 1-5; The cigarette includes a tobacco section, wherein tobacco is an aerosol forming substrate); and
a downstream filter ([0036], [0042], Fig. 1-5; The cigarette includes filter element 1 downstream of the tobacco section),
the downstream filter having an upstream longitudinal end face, a downstream longitudinal end face opposing the upstream longitudinal end face ([0036], Fig. 1-5; Filter element 1 has an upstream longitudinal end face at smoke inlet end 11, a downstream longitudinal end face at smoke release end 12 opposing the upstream longitudinal end face),
and a longitudinally-extending transverse surface ([0036], Fig. 1-5; The cylindrical outer surface extending from smoke inlet end 11 to smoke release end 12 is the longitudinally-extending transverse surface),
wherein the downstream filter comprises a hollow bore extending from the upstream longitudinal end face of the downstream filter ([0036], Fig. 5; Filter element 1 includes starch tube 14 having a hollow cavity 15 (bore) extending from the smoke inlet end 11 of filter element 1),
wherein the downstream filter comprises at least one inwardly-extending air flow path extending from the transverse surface to the hollow bore and towards an axial centre of the downstream filter ([0036]-[0038], Fig. 5; Filter element 1 (downstream filter) comprises first ventilation holes 212 (inwardly-extending air flow paths) extending from the longitudinally-extending transverse surface to the hollow cavity 15 at the axial centre of filter element 1),
wherein the at least one air flow path is defined by a channel having an opening provided on the transverse surface ([0036]-[0038], Fig. 5; First ventilation holes 212 (air flow paths) is defined by a channel having an opening provided on the longitudinally-extending transverse surface), and
wherein the at least one air flow path is substantially perpendicular to the axis of the consumable extending between the upstream and downstream end faces ([0036]-[0038], Fig. 5; First ventilation holes 212 (air flow paths) is perpendicular to the axis extending between the upstream longitudinal end face at smoke inlet end 11 and the downstream longitudinal end face at smoke release end 12).
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 downstream filter taught by Tritz in view of Balder comprising at least one inwardly-extending air flow path extending from a transverse surface to the hollow bore and towards an axial centre of the downstream filter, wherein the at least one air flow path is defined by a channel having an opening provided on a transverse surface, and wherein the at least one air flow path is substantially perpendicular to the axis of the consumable extending between the upstream and downstream end faces as taught by Liu because Tritz, Balder, and Liu are directed to aerosol generation, Liu demonstrates that the air flow paths allow air to enter the filter and ventilate the stream of aerosol (Liu, [0036]-[0039]), and this involves combining prior art elements according to known methods to yield predictable results.
Tritz in view of Balder and Liu does not teach the consumable iii) wherein the consumable comprises a spacer interposed between the filter and the substrate, the spacer defining a chamber downstream of the aerosol-forming substrate; wherein the spacer is provided within the housing and iv) wherein the opposing transverse surfaces each comprise upper and lower concave portions which meet at a longitudinally-extending ridge.
With respect to iii), Arndt, directed to aerosol generating articles ([0001]), teaches a heat not burn (HNB) consumable having an upstream end face and downstream end face with an axis extending therebetween ([0258], Fig. 1; Heated aerosol generating article 1000 includes a face at its distal end 1013 (upstream end face) and a face at its mouth end 1012 (downstream end face). [0018], In “heated aerosol-generating articles”, an aerosol is generated by heating an aerosol-generating substrate and not by combusting the aerosol-generating substrate. Heated aerosol generating article 1000 is therefore a heat not burn (HNB) consumable. An axis extends between distal end 1013 and mouth end 1012),
the consumable comprising an aerosol-forming substrate proximal the upstream end face ([0258], Fig. 1; Heated aerosol generating article 1000 (consumable) comprises aerosol-generating substrate 1020 proximal the distal end 1013 (upstream end face)) and
a downstream filter proximal the downstream end face ([0258], Fig. 1; Heated aerosol generating article 1000 (consumable) comprises mouthpiece filter 1050 proximal the mouth end 1012 (downstream end face)), and
wherein the consumable comprises a spacer interposed between the filter and the substrate, the spacer defining a chamber downstream of the aerosol-forming substrate ([0258], Fig. 1; Heated aerosol generating article 1000 (consumable) comprises spacer element 1040 interposed between mouthpiece filter 1050 and aerosol-generating substrate 1020. Spacer element 1040 defines a chamber downstream of aerosol-generating substrate 1020).
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 consumable of Tritz in view of Balder and Liu with a spacer interposed between the filter and the substrate, the spacer defining a chamber downstream of the aerosol-forming substrate because Tritz, Liu and Arndt are directed to aerosol generating articles, Arndt demonstrates that providing a spacer interposed between the filter and the substrate, the spacer defining a chamber downstream of the aerosol-forming substrate allows an aerosol formed by volatile compounds released from the aerosol-generating substrate to pass through and be cooled by the spacer before being inhaled by a user (Arndt, [0201]), and this involves combining prior art elements according to known methods to yield predictable results.
Further, because the consumable of Tritz in view of Balder and Liu has been modified in view of Arndt to include a spacer interposed between the filter and the substrate, one of ordinary skill in the art would have been motivated to provide the spacer within the housing in between the filter and the substrate.
Tritz in view of Balder, Liu, and Arndt does not teach the consumable iv) wherein the opposing transverse surfaces each comprise upper and lower concave portions which meet at a longitudinally-extending ridge.
With respect to iv), Trzecieski, directed to aerosol generating articles ([0007], [0024], The tablet is configured to be heated and vaporized by a vaporizer. The instant specification uses the terms ‘vapor’ and ‘aerosol’ interchangeably. Therefore, the tablet is an aerosol generating article), teaches a heat not burn (HNB) consumable ([0007], [0024], [0303]-[0304], Fig. 7E; Tablet 700C (HNB consumable) is configured to be heated and vaporized by a vaporizer. Trzecieski does not include the words ‘burn’, ‘combust’, or ‘ignite’),
the consumable comprising an aerosol-forming substrate ([0303]-[0304], [0449], Fig. 7E; Tablet 700C may comprises a tobacco and/or a cannabis material. Tobacco and cannabis are aerosol-forming substrates),
wherein the consumable comprises upper and lower walls spaced by a longitudinally-extending transverse surface, the transverse surface comprising upper and lower concave portions which meet at a longitudinally-extending ridge ([0303]-[0304], [0449], Fig. 7E; Tablet 700C includes an upper wall at its front surface (see annotated Fig. 7E below), and a lower wall at its back surface (see annotated Fig. 7E below). A longitudinally-extending transverse surface is positioned between the upper and lower walls. The transverse surface comprises concave portions which meet at a longitudinally-extending ridge, wherein one concave portion (upper) is located proximal to the upper wall, and one concave portion (lower) is located proximal to the lower wall (see annotated Fig. 7E below)).
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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 housing and the aerosol forming substrate taught by Tritz wherein each of the opposing transverse surfaces comprises upper and lower concave portions which meet at a longitudinally-extending ridge similarly taught by Trzecieski because Tritz, Balder, Liu, Arndt, and Trzecieski are directed to aerosol generating articles, and Trzecieski demonstrates that the concave portions increase the surface area of the aerosol forming substrate available for heat transfer (Trzecieski, [0301]). Tritz states that the housing surrounds the aerosol forming substrate and primarily serves to maintain the desired cross-sectional shape of the aerosol forming substrate ([0012], [0089], Figs. 1-3; The outer cross section of substrate core 10 (aerosol forming substrate) may be rectangular. Wrapper 30 (housing) surrounds the substrate core 10 and primarily serves to maintain the desired non-circular (rectangular) cross-sectional shape of the substrate core 10). Tritz further states that the housing may be a porous material comprising at least one volatile substance to be activated and released from the housing upon heating (Tritz, [0030]). As the article of Tritz is to be heated by a single heating element located within the aerosol-forming substrate (Tritz, [0029], [0089], Figs. 1-3), one of ordinary skill in the art would recognize that increasing the increase the surface area of the aerosol forming substrate available for heat transfer would more effectively heat the housing (located directly exterior to the aerosol forming substrate) to release the volatile substance. Therefore, the disclosure in Trzecieski would have motivated one of ordinary skill in the art to provide each of the opposing transverse surfaces comprising upper and lower concave portions which meet at a longitudinally-extending ridge. Furthermore, the change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
Regarding Claim 2, Tritz in view of Balder, Liu, Arndt, and Trzecieski teaches a consumable according to claim 1. Balder further teaches a consumable wherein the upper and lower surfaces of the downstream filter are substantially planar and equally spaced by planar transverse surfaces such that the downstream filter is a cuboid filter ([0023], Fig. 3B; Filter 100 comprises substantially planar upper and lower (front and back) surfaces, which are equally spaced by planar transverse surfaces (left and right) such that the filter 100 is a cuboid filter).
Regarding Claim 3, Tritz in view of Balder, Liu, Arndt, and Trzecieski teaches a consumable according to claim 1. Balder further teaches a consumable wherein at least one of the upper, lower and transverse surfaces of the downstream filter is a curved or rounded surface or comprises a curved or rounded surface portion ([0023], Fig. 3D; Filter 100 comprises curved transverse surfaces (left and right)).
Regarding Claim 5, Tritz in view of Balder, Liu, Arndt, and Trzecieski teaches a consumable according to claim 3. Balder further teaches a consumable wherein the downstream filter has convex or concave opposing transverse surfaces ([0023], Fig. 3D; Filter 100 has convex opposing transverse surfaces (left and right)).
Regarding Claim 7, Tritz in view of Balder, Liu, Arndt, and Trzecieski teaches a consumable according to claim 3. Balder further teaches a consumable wherein one or both of the upper/lower surfaces of the downstream filter is a convex rounded surface ([0023], Fig. 3D; Filter 100 comprises a convex rounded upper surface (the from and back surfaces have a semi-elliptical shape).
Regarding Claims 9-10, Tritz in view of Balder, Liu, Arndt, and Trzecieski teaches the consumable according to Claim 1. Liu further teaches the consumable comprising a plurality of inwardly-extending air flow paths, wherein the plurality of air flow paths are equally spaced around the perimeter of the downstream filter ([0036]-[0039], Fig. 3-5; Fig. 3-5 shows the filter element 1 including a plurality of first ventilation holes 212 (inwardly-extending air flow paths) which are equally spaced around the perimeter of filter element 1).
Regarding Claim 24, Tritz in view of Balder, Liu, Arndt, and Trzecieski teaches a heat not burn consumable according to claim 1. Tritz further teaches a heat not burn (HNB) system ([0045], [0092]-[0093], Figs. 2, 4; Aerosol generating system comprises electrically heated aerosol-generating device 200 which heats (and does not burn) aerosol-generating article 100) comprising:
a heat not burn consumable according to claim 1 ([0045], [0079], [0089], [0092]-[0093], Figs. 2, 4; Aerosol generating system comprises electrically heated aerosol-generating device 200 which heats (an does not burn) aerosol-generating article 100. It is reasonably understood that the aerosol-generating article 1 of Fig. 2 can be inserted into the cavity 260 of aerosol-generating device 200. Aerosol generating article 1 of Fig. 2 has been modified in Balder to meet the limitations of Claim 1); and
a device comprising at least one heating element ([0045], [0047], [0079], [0089], [0092]-[0093], Figs. 2, 4; Electrically heated aerosol-generating device 200 includes strip-shaped heating element 240 as shown in Fig. 4. Aerosol generating article 1 receives strip-shaped heating element 40 as shown in Fig. 2).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Tritz (US 2020/0337366 A1) in view of Balder (US 2021/0030058 A1), Liu (US 2021/0177047 A1), Arndt (US 2022/0218016 A1), and Trzecieski (US 2019/0192810 A1) as applied to Claim 5, and further in view of Baker (US 3,964,493 A).
Regarding Claim 6, Tritz in view of Balder, Liu, Arndt, and Trzecieski does not teach a consumable wherein each transverse surface of the downstream filter comprises longitudinally-extending upper and lower concave portions which meet at a longitudinally-extending ridge.
Baker, directed to aerosol generating articles (col 1, ln 9-21; Filtered cigarettes generate smoke when burned. Smoke is an aerosol), teaches a filtered cigarette (col 1, ln 9-12, col 3, ln 33-36, Fig. 1; The filtered cigarette of Fig. 1) comprising
an aerosol-forming substrate (col 3, ln 33-45, Fig. 1; The filtered cigarette comprises front portion 10 which contains the tobacco 11 confined by the tubular hollow cylindrical cigarette paper cover 12. Tobacco is burned to form an aerosol) and
a downstream filter having upper and lower surfaces spaced by a longitudinally- extending transverse surface (col 3, ln 56-64, Fig. 1; Filter 20 is positioned downstream of front portion 10. Filter 20 has circular upper and lower surfaces, which are spaced by a longitudinally-extending cylindrical transverse surface defined by the exterior of hollow cylindrical core 21),
wherein the transverse surface comprises a plurality of channels forming longitudinally-extending upper and lower concave portions which meet at a longitudinally-extending ridge (col 3, ln 65 – col 4, ln 19, Figs. 1-3; Filter 20 comprises a plurality of channels formed in the transverse surface of hollow cylindrical core 21. U-shaped channels 26, 27 encircle the entire circumference of the transverse surface. The U-shaped channels 26, 27 are concave, wherein the width of the channels extends along the longitudinal axis of filter 20. Channel 26 is the upper concave portion and channel 27 is the lower concave portion. Channels 26, 27 meet at a longitudinally-extending ridge formed between the channels).
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 filter taught by Tritz in view of Balder, Liu, and Arndt with the plurality of channels taught by Baker such that each transverse surface comprises longitudinally-extending upper and lower concave portions which meet at a longitudinally-extending ridge because Tritz, Balder, Liu, Arndt, Trzecieski, and Baker are directed to aerosol generation, Baker demonstrates that the plurality of channels cool the aerosol stream via heat transfer with a wrapper that surrounds the filter (Baker, col 5, ln 65 – col 6, ln 2, Fig. 1; Paper cover 50 is wrapped around filter 20), Balder states that the filter may be surrounded a wrapper (Balder, [0025], Fig. 5; Wrapper 500 is wrapped around filter 100), and this involves combining prior art elements according to known methods to yield predictable results.
Claim 26 are rejected under 35 U.S.C. 103 as being unpatentable over Tritz (US 2020/0337366 A1) in view of Balder (US 2021/0030058 A1), Liu (US 2021/0177047 A1), and Trzecieski (US 2019/0192810 A1).
Regarding Claim 26, Tritz, directed to aerosol generating articles and devices ([0001]), teaches a heat not burn (HNB) consumable ([0006], [0089], Figs. 1-3; Aerosol-generating article 1 is a consumable which is heated not combusted to generate an aerosol) comprising
having an upstream end face and downstream end face with an axis extending therebetween ([0006], [0089], Figs. 1-3; Aerosol-generating article 1 includes a flat upstream end face and a flat downstream end face with a longitudinal axis extending therebetween),
the downstream end face comprising a mouthpiece aperture ([0006], [0089]-[0091], Figs. 1-3; Aerosol-generating article 1 may include preformed strip-shaped slot 50 extending lengthwise through the entire substrate core 10 along its center axis. The slot 50 is exposed at the downstream end face),
the consumable comprising an aerosol-forming substrate proximal the upstream end face ([0089], Fig. 2; Aerosol-generating article 1 comprises aerosol-forming substrate core 10 extending from the upstream end face to the downstream end face) and
a filter ([0044]);
wherein the aerosol-forming substrate and filter are provided within the housing ([0030], [0088]-[0089], Figs. 1-3; The substrate core 10 may include a wrapper 30 (housing) surrounding the aerosol forming substrate. [0044], The filter may be provided within the wrapper 30), and
wherein the housing comprises upper and lower walls spaced by opposing longitudinally-extending transverse surfaces ([0012], [0089], Figs. 1-3; The outer cross section of substrate core 10 may be rectangular. As the wrapper 30 surround the substrate core 10 and primarily serves to maintain the desired non-circular (rectangular) cross-sectional shape of the substrate core 10, it is reasonably understood that wrapper 30 (housing) would have the same cross-sectional shape. An elongate wrapper 30 having a rectangular cross section forms a rectangular prism. A rectangular prism necessarily has upper and lower walls spaced by opposing longitudinally-extending transverse surfaces),
but does not teach the consumable comprising i) a downstream filter proximal the downstream end face, the downstream filter having an upstream longitudinal end face, a downstream longitudinal end face opposing the upstream longitudinal end face, and upper and lower surfaces spaced by opposing longitudinally-extending transverse surfaces wherein the downstream filter has a greater width than depth, wherein the width is between the transverse surfaces and the depth is between the upper and lower surfaces, wherein the downstream filter comprises a hollow bore extending from the upstream longitudinal end face of the downstream filter to the downstream longitudinal end face of the downstream filter, and ii) wherein the downstream filter comprises at least one inwardly-extending air flow path extending from at least one of the upper, lower or transverse surfaces to the hollow bore and towards an axial centre of the downstream filter, wherein the at least one air flow path is defined by a channel having an opening provided on one of the upper, lower or transverse surfaces, and wherein the at least one air flow path is substantially perpendicular to the axis of the consumable extending between the upstream and downstream end faces, and iii) wherein the opposing transverse surfaces of the housing each comprise upper and lower concave portions which meet at a longitudinally-extending ridge.
With respect to i), Balder, directed to aerosol generating devices ([0016], A vaporizer or electronic cigarette is an aerosol generating device), teaches a downstream filter ([0016], [0023]-[0024], Figs. 3B and 3D; Filter 100 is attached at the mouth end of vaporizer 400. It is reasonably understood that a generated aerosol flows downstream through the filter before inhalation by a user)
the downstream filter having an upstream longitudinal end face ([0023], Figs. 3B and 3D; Filter 100 of Figs. 3B and 3D comprise an upstream longitudinal end face at the bottom of filter 100),
a downstream longitudinal end face opposing the upstream longitudinal end face ([0023], Figs. 3B and 3D; Filter 100 of Figs. 3B and 3D comprise a downstream longitudinal end face at the top of filter 100 opposing the upstream longitudinal end face), and
upper and lower surfaces spaced by opposing longitudinally-extending transverse surfaces ([0023], Figs. 3B and 3D; Filter 100 of Figs. 3B and 3D comprise upper and lower surfaces (front and back) spaced by opposing longitudinally-extending transverse surfaces (left and right))
wherein the downstream filter has a greater width than depth, wherein the width is between the transverse surfaces and the depth is between the upper and lower surfaces ([0023], Figs. 3B and 3D; Filter 100 of Figs. 3B and 3D has a greater width than depth, wherein the width is between the transverse surfaces (left and right) and the depth is between the upper and lower surfaces (front and back)),
wherein the downstream filter comprises a hollow bore extending from the upstream longitudinal end face of the downstream filter to the downstream longitudinal end face of the downstream filter ([0016], [0018], [0023], Figs. 1, 3B, and 3D; Filter 100 of Figs. 3B and 3D include an aperture 104, which is a hollow bore extending from the upstream longitudinal end face at the bottom of filter 100 to the downstream longitudinal end face at the top of filter 100).
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 filter taught by Balder (e.g. Fig. 3B and 3D) proximal the downstream end face of the aerosol-forming substrate taught by Tritz because Tritz and Balder are directed to aerosol generating articles, Tritz states that the heat not burn consumable can include a filter having the same outer cross-section as the aerosol-forming substrate (Tritz, [0044]) and the aerosol-forming substrate has the cross-sectional shape of a rectangle or a rectangle with rounded corners (Tritz, [0012], [0089], Fig. 2; Aerosol-forming substrate core 10), Balder demonstrates that the filter can have a cross-sectional shape of a rectangle or rectangle with rounded corners (Balder, [0023], Figs. 3B and 3D; Filter 100 of Fig. 3B has a rectangular cross-section. The lower surface of filter 100 of Fig. 3D has the shape of a rectangle with rounded corners), and this involves combining prior art elements according to known methods to yield predictable results.
Tritz in view of Balder does not teach the consumable ii) wherein the downstream filter comprises at least one inwardly-extending air flow path extending from at least one of the upper, lower or transverse surfaces to the hollow bore and towards an axial centre of the downstream filter, wherein the at least one air flow path is defined by a channel having an opening provided on one of the upper, lower or transverse surfaces, and wherein the at least one air flow path is substantially perpendicular to the axis of the consumable extending between the upstream and downstream end faces, and iii) wherein the opposing transverse surfaces of the housing each comprise upper and lower concave portions which meet at a longitudinally-extending ridge.
With respect to ii), Liu, directed to aerosol-generating articles ([0002], [0036], [0041]-[0042], Fig. 1-5; Fig. 1 shows a cigarette (article) including a tobacco section which may be heated without ignition to generate an aerosol), teaches a heat not burn consumable ([0002], [0036], [0041]-[0042], Fig. 1-5; Fig. 1 shows a cigarette (consumable) including a tobacco section and filter section, wherein the cigarette may be ignited to generate smoke, or heated without ignition to generate an aerosol) comprising:
an aerosol-forming substrate ([0002], [0036], [0041]-[0042], Fig. 1-5; The cigarette includes a tobacco section, wherein tobacco is an aerosol forming substrate); and
a downstream filter ([0036], [0042], Fig. 1-5; The cigarette includes filter element 1 downstream of the tobacco section),
the downstream filter having an upstream longitudinal end face, a downstream longitudinal end face opposing the upstream longitudinal end face ([0036], Fig. 1-5; Filter element 1 has an upstream longitudinal end face at smoke inlet end 11, a downstream longitudinal end face at smoke release end 12 opposing the upstream longitudinal end face),
and a longitudinally-extending transverse surface ([0036], Fig. 1-5; The cylindrical outer surface extending from smoke inlet end 11 to smoke release end 12 is the longitudinally-extending transverse surface),
wherein the downstream filter comprises a hollow bore extending from the upstream longitudinal end face of the downstream filter ([0036], Fig. 5; Filter element 1 includes starch tube 14 having a hollow cavity 15 (bore) extending from the smoke inlet end 11 of filter element 1),
wherein the downstream filter comprises at least one inwardly-extending air flow path extending from the transverse surface to the hollow bore and towards an axial centre of the downstream filter ([0036]-[0038], Fig. 5; Filter element 1 (downstream filter) comprises first ventilation holes 212 (inwardly-extending air flow paths) extending from the longitudinally-extending transverse surface to the hollow cavity 15 at the axial centre of filter element 1),
wherein the at least one air flow path is defined by a channel having an opening provided on the transverse surface ([0036]-[0038], Fig. 5; First ventilation holes 212 (air flow paths) is defined by a channel having an opening provided on the longitudinally-extending transverse surface), and
wherein the at least one air flow path is substantially perpendicular to the axis of the consumable extending between the upstream and downstream end faces ([0036]-[0038], Fig. 5; First ventilation holes 212 (air flow paths) is perpendicular to the axis extending between the upstream longitudinal end face at smoke inlet end 11 and the downstream longitudinal end face at smoke release end 12).
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 downstream filter taught by Tritz in view of Balder comprising at least one inwardly-extending air flow path extending from a transverse surface to the hollow bore and towards an axial centre of the downstream filter, wherein the at least one air flow path is defined by a channel having an opening provided on a transverse surface, and wherein the at least one air flow path is substantially perpendicular to the axis of the consumable extending between the upstream and downstream end faces as taught by Liu because Tritz, Balder, and Liu are directed to aerosol generation, Liu demonstrates that the air flow paths allow air to enter the filter and ventilate the stream of aerosol (Liu, [0036]-[0039]), and this involves combining prior art elements according to known methods to yield predictable results.
Tritz in view of Balder and Liu does not teach the consumable iii) wherein the opposing transverse surfaces of the housing each comprise upper and lower concave portions which meet at a longitudinally-extending ridge.
With respect to iii), Trzecieski, directed to aerosol generating articles ([0007], [0024], The tablet is configured to be heated and vaporized by a vaporizer. The instant specification uses the terms ‘vapor’ and ‘aerosol’ interchangeably. Therefore, the tablet is an aerosol generating article), teaches a heat not burn (HNB) consumable ([0007], [0024], [0303]-[0304], Fig. 7E; Tablet 700C (HNB consumable) is configured to be heated and vaporized by a vaporizer. Trzecieski does not include the words ‘burn’, ‘combust’, or ‘ignite’),
the consumable comprising an aerosol-forming substrate ([0303]-[0304], [0449], Fig. 7E; Tablet 700C may comprises a tobacco and/or a cannabis material. Tobacco and cannabis are aerosol-forming substrates),
wherein the consumable comprises upper and lower walls spaced by a longitudinally-extending transverse surface, the transverse surface comprising upper and lower concave portions which meet at a longitudinally-extending ridge ([0303]-[0304], [0449], Fig. 7E; Tablet 700C includes an upper wall at its front surface (see annotated Fig. 7E below), and a lower wall at its back surface (see annotated Fig. 7E below). A longitudinally-extending transverse surface is positioned between the upper and lower walls. The transverse surface comprises concave portions which meet at a longitudinally-extending ridge, wherein one concave portion (upper) is located proximal to the upper wall, and one concave portion (lower) is located proximal to the lower wall (see annotated Fig. 7E below)).
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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 housing and the aerosol forming substrate taught by Tritz wherein each of the opposing transverse surfaces comprises upper and lower concave portions which meet at a longitudinally-extending ridge similarly taught by Trzecieski because Tritz, Balder, Liu, Arndt, and Trzecieski are directed to aerosol generating articles, and Trzecieski demonstrates that the concave portions increase the surface area of the aerosol forming substrate available for heat transfer (Trzecieski, [0301]). Tritz states that the housing surrounds the aerosol forming substrate and primarily serves to maintain the desired cross-sectional shape of the aerosol forming substrate ([0012], [0089], Figs. 1-3; The outer cross section of substrate core 10 (aerosol forming substrate) may be rectangular. Wrapper 30 (housing) surrounds the substrate core 10 and primarily serves to maintain the desired non-circular (rectangular) cross-sectional shape of the substrate core 10). Tritz further states that the housing may be a porous material comprising at least one volatile substance to be activated and released from the housing upon heating (Tritz, [0030]). As the article of Tritz is to be heated by a single heating element located within the aerosol-forming substrate (Tritz, [0029], [0089], Figs. 1-3), one of ordinary skill in the art would recognize that increasing the increase the surface area of the aerosol forming substrate available for heat transfer would more effectively heat the housing (located directly exterior to the aerosol forming substrate) to release the volatile substance. Therefore, the disclosure in Trzecieski would have motivated one of ordinary skill in the art to provide each of the opposing transverse surfaces comprising upper and lower concave portions which meet at a longitudinally-extending ridge. Furthermore, the change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
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