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 .
Response to Amendment
Amendment filed 12/24/2025 has been entered and fully considered. Claims 1-19, 21-24, 30, 32, 34 and 36 are cancelled. Claims 20, 25-29, 31, 33, 35 and 37-43 are pending. Claims 20, 31, 33, 35 and 37 are amended. No new matter is added.
Response to Arguments
Applicant's arguments filed 12/24/2025 have been fully considered but they are not persuasive.
Applicant argues that Thorens requires a separately provided lumen or a breakable frangible capsule or absorbing a liquid into a liquid retention medium. Thus, Thorens does not teach or suggest the absorbent receiving the gel aerosol-forming substrate fills the cartridge. The claim does not have a separately provided lumen. Moreover, claim requires the gel exists over surfaces, pores and/or network in the absorbent in the cartridge.
Examiner respectfully disagrees. Thorens discloses two embodiments in which the liquid is supplied into the liquid retention medium. The first embodiment incorporates a frangible capsule that is ruptured to release the liquid into the liquid retention medium (Paragraph [0174]). The second embodiment is an alternative embodiment, wherein the liquid is incorporated into the liquid retention medium immediately prior to use (Paragraph [0175]). Thus, the scope of Thorens includes providing the liquid within the liquid retention medium absent a capsule, as is argued by Applicant.
The rejection relies on the embodiment of Thorens that is independent of the frangible capsule. Thus, arguments related to said capsule are moot.
Thorens also discloses that the liquid retention medium is capable of absorbing between 105 and 110% of the total volume of liquid supplied to the medium (Paragraph [0212]. Thus, the liquid containing portion of the cartridge is completely filled. Claim 20 does not necessarily require that the cartridge is completely filled. The degree of filling isn’t claimed. Regardless, Thorens discloses a completely filled cartridge.
The liquid retention medium itself is porous and the liquid is absorbed in the pores (Paragraphs [0063], [0117], [0118]). Thus, the liquid over pores in the absorbent, as claimed.
Finally, Thorens discloses that the liquid can be in gel form (Paragraph [0189]).
Applicant argues that Buchberger, Liu, Chen and Hon merely disclose configurations that can be used as wick materials in electronic cigarettes. These references only provide examples of absorbent materials that absorb and store liquid from a reservoir before being vaporized. Applicants’ invention is directed to a configuration not disclosed by Thornes and thus is not easily derivable merely by selecting wick material.
Examiner disagrees with Applicants characterization of Thorens (see arguments above). The secondary references are cited for teaching the types of liquid absorbing material and not the configuration of the liquid within the absorbing material.
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.
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Claim(s) 20, 25, 26, 29 and 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over THORENS (US 2018/0007972) in view of MIRONOV et al. (US 2018/0352862), MISHRA et al. (US 2016/0120225), HAN (US 2020/0093177) and CHEN (US 2016/0374393)
With respect to claim 20, THORENS discloses an aerosol generating system (Abstract) comprising an aerosol generating article (e.g., cartridge) that is inserted into an electrically heated smoking article (Abstract; Fig. 3; Paragraphs [0281], [0307]). That is disposed after a single use (Paragraph [0181]). The system comprising a liquid composition absorbed in, and soaked in, a liquid retention medium, 210a (Paragraph [0283]-[0286]) and a filter (Paragraph [0283], [0293]). A wrapper surrounding the liquid absorbent material and filter, such as a wax-coated paper (Paragraphs [0294], [0312]-[0314]). This wrapper is in a cylindrical shape forming a cylindrical cartridge (Paragraphs [0198], [0199], [0283]). The system further comprises an aerosol generating device configured to heat the electrically heated smoking article ((Paragraphs [0181]-[0188], [0310]) at a temperatures of 250C (Paragraph [0106]). The smoking article is heated from a side of the cartridge around which the wrappings are wrapped (Paragraph [0323]; Figure 5).
THORENS disclose that the liquid retention medium is porous, having open cells, in which the liquid composition is absorbed in (Paragraphs [0063], [0117], [0118]). Thus the aerosol-forming substrate implicitly exists over pores in the absorbent in the cartridge. Thorens also discloses that the liquid retention medium is capable of absorbing between 105 and 110% of the total volume of liquid supplied to the medium (Paragraph [0212]. Thus, the liquid containing portion of the cartridge is completely filled.
THORENS does not explicitly disclose that the absorbent material is capable of receiving a gel aerosol-forming material. MIRONOV et al. discloses a cartridge for an aerosol-generating system (Abstract). The cartridge holds an aerosol-generating material in the form of a gel that is solid at room temperature (Abstract; Paragraph [0032]), and melts at a temperature of at least 50 C (Paragraph [0014]), including about 70C (Paragraphs [0049]-[0051]). The gel includes glycerin and a gelling agent (Paragraphs [0051]-[0056]). When placing the aerosol forming substrate into the cartridge, it is inserted in the form of a liquid then converted to a gel (Paragraphs [0072]-[0074]) so that the inserting of the aerosol forming substrate is facilitated (Paragraph [0074]).
The use of a gel reduces the potential for leakage as compared to using a liquid (Paragraphs [0003]-[0004]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the gel of THORENS in the form of a glycerin and gelling agent mixture that is solid at room temperature and melts at about 70 C, as taught by MIRONOV et al. so as to reduce the likelihood of leaking during times in which the cartridge is not in use. Moreover, it would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to insert this gel in liquid form into the absorbent of THORNENS so for the purposes of loading said absorbent.
THORENS does not explicitly disclose that the gelling agent is a gelatin. MISHRA et al. discloses a gel formation for a cartridge of a vaporizer (Abstract). The gelling material may be a gelatin or gellant gum (Abstract; [0007], [0021]), which helps to maintain the gel in a state at ambient temperature that prevents leakage, but allows the gel to form a liquid when heated (Paragraphs [0023], [0057]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to use gelatin as the gelling agent of modified THORENS, as taught by MISHRA et al. so that the gel can remain in a gel state at ambient temperature to prevent leakage.
Thus, the absorbent of THORENS is capable of receiving the claimed gel aerosol-forming substrate.
Claim 20 recites “an absorbent receiving a gel aerosol-forming substrate”. What is not claimed is that the claimed device actually has the gel aerosol-forming substrate. The operative phrase “receiving” includes the act of placing the gel within the absorbent, but at some unspecified time. This phrase is identifying a function of the absorbent, and not necessarily that the absorbent currently, within the meets and bounds of the claim, has the gel aerosol-forming substrate. The scope may include that act of immediately providing the gel within the absorbent when forming the system, but it is not necessarily the case because it is also within the scope of the claim to only include the aerosol-forming substrate at some unspecified time in the future.
The gel is recited as a material on which the device is used, and not positively recited as part of the device. Thus, the liquid or gel represents a material or article worked upon by a structure being claimed, which does not impart patentability to the claims. See, In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935). MPEP 2115.
As long as the cartridge is not being used, and the gel has been absorbed by the receptor, the receptor does not flow out of the receptor. There is no indication in THORENS that the gel flows out of the receptor, except under the condition of use (Paragraph [0197]).
THORENS further discloses that the aerosol generating system holding the cartridge is sized to be handheld and portable (Paragraph [0052], [0226]).
THORENS does not explicitly disclose multiple wrapping papers, as claimed. HAN discloses an aerosol generating system and smoking member (Abstract). The cigarette may having a wrapping paper wrapped around the aerosol forming substrate, as well as each individual part of the smoking element, and then an overwrapping paper, 345, is wrapped around the filter and cartridge (Paragraphs [0326]-[0336]) in order to prevent leakage and the cigarette from being burned (Paragraphs [0335], [0336]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the multiple wrappers of HAN around the components of THORENS so that the smoking article is protected against leakage and from being burned.
modified THORENS discloses that the absorbent is cylindrical (THORENS; Paragraph [0283]). Modified THORENS does not explicitly disclose that the absorbent comprises a cotton fabric.
CHEN discloses an electronic cigarette atomizer (Abstract; Title). The liquid absorbent material comprises a fabric, such as cotton (Paragraph [0017]) which allows the liquid to be drawn towards the heater (Paragraph [0018]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention to use a cotton fabric as the absorbent of modified THORENS, as taught by CHEN so that the liquid can be stored and readily transported when needed.
With respect to claim 25, THORENS discloses that the aerosol forming substrate comprises water (Paragraph [0240]).
With respect to claim 26, MIRONOV et al. discloses that the glycerin is present in an amount of between 30 and 90 wt% (Paragraphs [0054]-[0055]).
With respect to claim 29, the “inserted in liquid form into the gel absorbent at a second temperature range…”, represents a manner of operating the device , which does not differentiate the claimed apparatus from the prior art apparatus if the prior art apparatus teaches all of the structural limitations of the claim. See, Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). MPEP 2114, II. The absorbent of THORENS includes a substrate that absorbs liquid. Thus, the manner of gelling the liquid is a manner of operating the device, based on a worked upon material.
With respect to claim 40 THORENS disclose a paper wrapper, (e.g., tube; Paragraphs [0130], [0131]) directly upstream of the filter (Figure 4; Paragraph [0291]).
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Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over THORENS (US 2018/0007972) in view of MIRONOV et al. (US 2018/0352862), MISHRA et al. (US 2016/0120225), HAN (US 2020/0093177) and CHEN (US 2016/0374393) as applied to claims 20, 25, 26, 29 and 40 above, and further in view of LIU (US 2016/0157523).
With respect to claim 27, modified THORENS discloses that the composition comprises glycerin, water and other components (See rejection of claim 1). The glycerin is present in an amount of 5 to 30 wt% and the water is present in an amount of 10-25 wt% (THORENS; Paragraphs [0115], [0220]). Glycerin has a specific gravity of 1.26 g/ml and water has a specific gravity of 1 g/ml. At 100 grams glycerin and water liquid mixture, there would be 30 grams glycerin (30 wt% glycerin) and 20 grams water (20 wt% water). Converting to volume for each, the glycerin is present in an amount of 37.8 ml while water is present in an amount of 20 ml, for a total liquid volume of 57.8 ml. The volume percentage of glycerin then is about 65 vol% and the water is about 35 vol%. Thus, the liquid claimed overlaps with that disclosed by THORENS.
MIRONOV et al. discloses that the gelling agent is present in an amount of between 0.5 and 5 wt % of the gel (Paragraphs [0054], [0055]). The combined specific gravity of the liquid is about 1.169. Thus, the weight of the liquid is about 116.9 grams. At 2wt% gelling agent, the amount of gelling agent is 2 grams per 116.9 grams of liquid, or 2 grams of gelling agent per 100 ml of liquid, which falls within the claimed range.
Modified THORENS does not explicitly disclose that the glycerin is VG. LIU discloses that the liquid is vegetable glycerin (VG), which is able to be absorbed by a liquid affinity medium (Paragraph [0004]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to use vegetable glycerin as the glycerin of modified THORENS, as taught by LIU so that the is able to be soaked into the absorbent and is organic.
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Claim(s) 28, 33 is/are rejected under 35 U.S.C. 103 as being unpatentable over THORENS (US 2018/0007972) in view of MIRONOV et al. (US 2018/0352862), MISHRA et al. (US 2016/0120225), HAN (US 2020/0093177) and CHEN (US 2016/0374393) as applied to claims 20, 25, 26, 29 and 40 above, and further in view of LIU (US 2016/0157523) as applied to claim 27 above, and further in view of LEVY et al. (US 2015/0053220).
With respect to claim 28, modified THORENS discloses that the absorbent as a rate of absorption in order to absorb enough liquid in the cartridge for between 10 and 150 puffs, and an amount of liquid of 30 to 200 microliters (Paragraphs [0211]-[0212]).
Modified THORENS does not explicitly disclose that the absorbent is able to hold between 70 and 120 mg of liquid.
LEVY et al. discloses that about 4 mg of liquid is vaporized during a puff (Paragraph [0024]) and systems are in place to results in preservation of liquid (Paragraph [0025]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to preserve the amount of liquid used for each puff in modified THORENS, by only vaporizing 4 mg per puff, as taught by LEVY et al. so that more puffs can be had from the same size cartridge.
At 4 mg of liquid per puff, and 10 to 150 puffs present in the cartridge, the amount of liquid within the absorbent of modified THORENS is between 40 mg and 600 mg.
With respect to claim 33, THORENS does not explicitly disclose that the absorbent is able to hold between 70 and 120 mg of liquid.
LEVY et al. discloses that about 4 mg of liquid is vaporized during a puff (Paragraph [0024]) and systems are in place to results in preservation of liquid (Paragraph [0025]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to preserve the amount of liquid used for each puff in THORENS, by only vaporizing 4 mg per puff, as taught by LEVY et al. so that more puffs can be had from the same size cartridge.
At 4 mg of liquid per puff, and 10 to 150 puffs present in the cartridge, the amount of liquid within the absorbent of THORENS is between 40 mg and 600 mg.
THORENS discloses that the absorbent hold a weight of liquid of between 40 and 600 mg. The inner and outer diameters of the absorbent are known . The length of the absorbent is between 7 and 20 mm. The with an inner diameter of 8 mm, an outer diameter of 12 mm and a length of 5 mm. The volume of the absorbent is about 1256 mm3. This gives a density of liquid (present in an amount of between 40 and 600 mg) within the absorbent of between 0.03 – 0.47 mg/ mm3.
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Claim(s) 31 is/are rejected under 35 U.S.C. 103 as being unpatentable over THORENS (US 2018/0007972) in view of MIRONOV et al. (US 2018/0352862), MISHRA et al. (US 2016/0120225), HAN (US 2020/0093177) and CHEN (US 2016/0374393) as applied to claims 20, 25, 26, 29 and 40 and further in view of LEVY et al. (US 2015/0053220).
With respect to claim 31, THORENS does not explicitly disclose that the absorbent is able to hold between 70 and 120 mg of liquid.
LEVY et al. discloses that about 4 mg of liquid is vaporized during a puff (Paragraph [0024]) and systems are in place to results in preservation of liquid (Paragraph [0025]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to preserve the amount of liquid used for each puff in THORENS, by only vaporizing 4 mg per puff, as taught by LEVY et al. so that more puffs can be had from the same size cartridge.
At 4 mg of liquid per puff, and 10 to 150 puffs present in the cartridge, the amount of liquid within the absorbent of THORENS is between 40 mg and 600 mg.
THORENS discloses that the absorbent hold a weight of liquid of between 40 and 600 mg. The inner and outer diameters of the absorbent are known (See rejection of claim 30). The length of the absorbent is between 7 and 20 mm. The with an inner diameter of 8 mm, an outer diameter of 12 mm and a length of 15 mm. The volume of the absorbent is about 3768 mm3. This gives a density of liquid (present in an amount of between 40 and 600 mg) within the absorbent of between 0.010 – 0.15 mg/ mm3.
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Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over THORENS (US 2018/0007972) in view of MIRONOV et al. (US 2018/0352862), MISHRA et al. (US 2016/0120225), HAN (US 2020/0093177) and CHEN (US 2016/0374393) as applied to claims 20, 25, 26, 29 and 40 and further in view of LEVY et al. (US 2015/0053220).
With respect to claim 35, THORENS does not explicitly disclose that the absorbent is able to hold between 70 and 120 mg of liquid.
LEVY et al. discloses that about 4 mg of liquid is vaporized during a puff (Paragraph [0024]) and systems are in place to results in preservation of liquid (Paragraph [0025]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to preserve the amount of liquid used for each puff in THORENS, by only vaporizing 4 mg per puff, as taught by LEVY et al. so that more puffs can be had from the same size cartridge.
At 4 mg of liquid per puff, and 10 to 150 puffs present in the cartridge, the amount of liquid within the absorbent of THORENS is between 40 mg and 600 mg.
THORENS discloses that the absorbent hold a weight of liquid of between 40 and 600 mg. The inner and outer diameters of the absorbent are known . The length of the absorbent is between 7 and 20 mm. The with an inner diameter of 8 mm, an outer diameter of 12 mm and a length of 5 mm. The volume of the absorbent is about 1256 mm3. This gives a density of liquid (present in an amount of between 40 and 600 mg) within the absorbent of between 0.03 – 0.47 mg/ mm3.
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Claim(s) 37 and 38 is/are rejected under 35 U.S.C. 103 as being unpatentable over THORENS (US 2018/0007972) in view of MIRONOV et al. (US 2018/0352862), MISHRA et al. (US 2016/0120225), HAN (US 2020/0093177) and CHEN (US 2016/0374393) as applied to claims 20, 25, 26, 29 and 40 and further in view of LEVY et al. (US 2015/0053220).
With respect to claim 37, THORENS does not explicitly disclose that the absorbent is able to hold between 70 and 120 mg of liquid.
LEVY et al. discloses that about 4 mg of liquid is vaporized during a puff (Paragraph [0024]) and systems are in place to results in preservation of liquid (Paragraph [0025]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to preserve the amount of liquid used for each puff in THORENS, by only vaporizing 4 mg per puff, as taught by LEVY et al. so that more puffs can be had from the same size cartridge.
At 4 mg of liquid per puff, and 10 to 150 puffs present in the cartridge, the amount of liquid within the absorbent of THORENS is between 40 mg and 600 mg.
THORENS discloses that the absorbent hold a weight of liquid of between 40 and 600 mg. The inner and outer diameters of the absorbent are known . The length of the absorbent is between 7 and 20 mm. The with an inner diameter of 8 mm, an outer diameter of 12 mm and a length of 15 mm. The volume of the absorbent is about 37686 mm3. This gives a density of liquid (present in an amount of between 40 and 600 mg) within the absorbent of between .010-.15 mg/ mm3.
With respect to claim 38 THORENS does not explicitly disclose that the absorbent is able to hold between 70 and 120 mg of liquid.
LEVY et al. discloses that about 4 mg of liquid is vaporized during a puff (Paragraph [0024]) and systems are in place to results in preservation of liquid (Paragraph [0025]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to preserve the amount of liquid used for each puff in THORENS, by only vaporizing 4 mg per puff, as taught by LEVY et al. so that more puffs can be had from the same size cartridge.
At 4 mg of liquid per puff, and 10 to 150 puffs present in the cartridge, the amount of liquid within the absorbent of THORENS is between 40 mg and 600 mg.
THORENS discloses that the absorbent hold a weight of liquid of between 40 and 600 mg. The inner and outer diameters of the absorbent are known . The length of the absorbent is between 7 and 20 mm. The with an inner diameter of 8 mm, an outer diameter of 12 mm and a length of 5 mm. The volume of the absorbent is about 1256 mm3. This gives a density of liquid (present in an amount of between 40 and 600 mg) within the absorbent of between 0.03 – 0.47 mg/ mm3.
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Claim(s) 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over THORENS (US 2018/0007972) in view of MIRONOV et al. (US 2018/0352862), MISHRA et al. (US 2016/0120225), HAN (US 2020/0093177) and CHEN (US 2016/0374393) as applied to claims 20, 25, 26, 29 and 40 in view of CONNER et al. (US 2012/0067360).
With respect to claim 39, modified THORENS disclose that the wrapping paper comprises an aluminum laminate paper (THORENS; Paragraph [0171]), but does not explicitly disclose that this aluminum is a foil in contact with the absorbent. CONNER et al. discloses a smoking article (Abstract) with an outer wrapping material, that comprises a heat conducting material, such as a foil (Paragraph [0068]) that is laminated to the wrapping paper (Paragraph [0072]) on an interior surface thereof so as to contact the interior contents thereof and transfer heat to these components. The foil is aluminum (Paragraphs [0072]-[0074]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide the aluminum of modified THORENS as a foil laminated to the inside of the wrapper, as taught by CONNER et al. so that when in contact with the absorbent, heat can be transferred from the heating source and to the absorbent.
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Claim(s) 41 and 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over THORENS (US 2018/0007972) in view of MIRONOV et al. (US 2018/0352862), MISHRA et al. (US 2016/0120225), HAN (US 2020/0093177) and CHEN (US 2016/0374393) as applied to claims 20, 25, 26, 29 and 40 and further in view of MITREV et al. (US 2015/0136154)
With respect to claim 41, THORENS discloses that the device is grippable and portable-sized (Paragraphs [0052], [0160], [0226]), and comprising a cavity in which the smoking article is configured to be inserted (Figures 3 and 5-7; Paragraphs [0277], [0278]). The device further comprises a resistance heater (Paragraph [0308]) configured to electrically heat implicitly either an interior and/or exterior (Paragraphs [0034], [0035], [0097], [0098], [0323], [0324] of the liquid cartridge and filler (Figures 3 and 5-7)
THORENS further disclose that the device further comprises a battery, 350, configured to function as a direct current power source (Paragraphs [0052], [0163], [0228], [0308], [0310]; Figure 3). While THORENS does not explicitly disclose that the battery is rechargeable, it would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to use a rechargeable battery so that the user does not have to replace a battery every time it dies, and can then save money by simply recharging the battery through a wall outlet.
THORENS further discloses that the device comprises a control unit, 340, (Paragraph [0308]-[0310]) capable of controlling the heater by receiving the current and directing it to the heater.
THORENS does not explicitly disclose a tobacco filler of the smoking article. MITREV et al. discloses an aerosol generating article (Abstract; Title). The article comprises an end piece substrate, 20, into which the heating blade penetrates, 120, (Paragraphs [0063], [0074], [0116]). The substrate is formed of shredded tobacco (Paragraph [0063]) and is penetrated by the heating element without substantial deformation of the smoking article (Abstract). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to use shredded tobacco in the end substrate of THORENS, as taught by MITREV et al. so that the blade can penetrate of the end substrate without deformation thereof.
With respect to claim 43, claim 41 recites the resistance heater and induction heaters as alternative components. Claim 43 does not positively require that the heater of claim 41 is the induction heater being used, and thus is only reciting structural features of an optional limitation not used in the rejection of claim 41.
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Claim(s) 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over THORENS (US 2018/0007972) in view of MIRONOV et al. (US 2018/0352862), MISHRA et al. (US 2016/0120225), HAN (US 2020/0093177) and CHEN (US 2016/0374393) as applied to claims 20, 25, 26, 29 and 40 and further in view of MITREV et al. (US 2015/0136154)
With respect to claim 42, modified THORENS discloses that the heater is configured to heat the exterior of the smoking article. The heater has a length and passes around the circumference of the smoking article (Paragraphs [0075], [0098], [0100], [0156], [0157]) (e.g., a pipe heater).
modified THORENS does not explicitly disclose the claimed sensor. BRENNEISE discloses a portable hand-held vaping device (Abstract; Title). The control circuit is coupled to a control module within the device that comprises a temperature sensor. The sensor monitors the temperature of the output air and regulates the power to the heating element by throttling the current to the heating element. This prevents the heating element from getting to hot and combusting the source material (Paragraph [0041]). It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to provide a temperature sensor coupled to the controller of modified THORENS, as taught by BRENNEISE so that the temperature can be sensed and based on the temperature the current to the heater can be throttled thereby preventing combustion of the source material.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEX B EFTA whose telephone number is (313)446-6548. The examiner can normally be reached 8AM-5PM EST M-F.
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/ALEX B EFTA/Primary Examiner, Art Unit 1745