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 88/2025 has been entered and fully considered. Claims 1-14 are pending. Claims 1-5, 7, 13 and 14 are amended. No new matter is added.
Response to Arguments
Applicant's arguments filed 8/8/2025 have been fully considered but they are not persuasive.
Applicant argues that Edward does not disclose two regions of aerosol generating material where the first region comprises nicotine and the second region comprises glycerol or glycol and is free of nicotine.
Examiner notes that these features were not previously presented and will be addressed hereinafter.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over EDWARD et al. (EP 3250061 B1) and SEBASTIAN et al. (US 2014/0000638).
With respect to claim 1, EDWARD et al. discloses an aerosol generating system (Paragraphs [0010], [0011]) comprising an aerosol generating material (e.g., consumable) (Paragraph [0010], [0025]) that is provided in a plurality of regions, 7a, (Figure 2) by coating with aerosol generating material (Paragraphs [0017]-[0020]). The system further comprises a heater, 11, comprising a plurality of heating elements, 11a, corresponding to a region of the plurality of regions of the aerosol generating material (Paragraphs [0021]. The heater elements are connected to an electrical control circuit, 15 (Paragraph [0021]) that is configured to controllably heat at least two of the plurality of regions of aerosol generating material (Paragraphs [0022], [0023]) and is capable of producing a personalized aerosol for the user, such as aerosol with a particular flavor profile (Paragraphs [0037]-[0046]).
EDWARD et al. discloses that the aerosol generating material is defined as materials that contain tobacco containing material, tobacco substitutes, or other types of tobacco components. In addition to this, the aerosol generating material also contains nicotine and glycerol (Paragraph [0010]). EDWARD et al. further discloses that the aerosol generating material in different recesses may comprise different flavorants (Paragraph [0043]). Such as one recess (e.g., second region) having flavoring and not tobacco based material (Paragraph [0042]), such as having no nicotine (Paragraph [0010]). Thus, the scope of EDWARD et al. includes a first recess (e.g., first region) that contains tobacco material, nicotine and glycerol while the second region comprises flavoring and glycerol, and is free of nicotine.
EDWARD et al. does not explicitly disclose an acid in the aerosol generating material. SEBASTIAN et al. discloses an electronic smoking article (Abstract). The aerosol generating material contains a wide variety of flavoring agents. Such flavoring agents include levulinic acid, succinic acid and pyruvic acid (Paragraph [0059]). 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 various types of acids in each of the aerosol generating material in each of the plurality of regions of EDWARD et al., such as levulinic acid, succinic acid and pyruvic acid, as taught by SEBASTIAN et al. so that the user can be provided with various flavored aerosols.
With respect to claim 2, EDWARD et al. discloses an aerosol generating system (Paragraphs [0010], [0011]) comprising an aerosol generating material (e.g., consumable) (Paragraph [0010], [0025]) that is provided in a plurality of regions, 7a, (Figure 2) by coating with aerosol generating material (Paragraphs [0017]-[0020]). Receptacle, 7, is a carrier support for the aerosol generating material (Paragraph [0025]). The system further comprises a heater, 11, comprising a plurality of heating elements, 11a, corresponding to a region of the plurality of regions of the aerosol generating material (Paragraphs [0021]. The heater elements are connected to an electrical control circuit, 15 (Paragraph [0021]) that is configured to controllably heat at least two of the plurality of regions of aerosol generating material (Paragraphs [0022], [0023]) and is capable of producing a personalized aerosol for the user, such as aerosol with a particular flavor profile (Paragraphs [0037]-[0046]).
EDWARD et al. discloses that the aerosol generating material is defined as materials that contain tobacco containing material, tobacco substitutes, or other types of tobacco components. In addition to this, the aerosol generating material also contains nicotine and glycerol (Paragraph [0010]). EDWARD et al. further discloses that the aerosol generating material in different recesses may comprise different flavorants (Paragraph [0043]). Such as one recess (e.g., second region) having flavoring and not tobacco based material (Paragraph [0042]), such as having no nicotine (Paragraph [0010]). Thus, the scope of EDWARD et al. includes a first recess (e.g., first region) that contains tobacco material, nicotine and glycerol while the second region comprises flavoring and glycerol, and is free of nicotine.
EDWARD et al. does not explicitly disclose an acid in the aerosol generating material. SEBASTIAN et al. discloses an electronic smoking article (Abstract). The aerosol generating material contains a wide variety of flavoring agents. Such flavoring agents include levulinic acid, succinic acid and pyruvic acid (Paragraph [0059]). 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 various types of acids in each of the aerosol generating material in each of the plurality of regions of EDWARD et al., such as levulinic acid, succinic acid and pyruvic acid, as taught by SEBASTIAN et al. so that the user can be provided with various flavored aerosols.
With respect to claim 3, EDWARD et al. discloses a controller (Paragraphs [0023] and [0024]) configured to receive a command from an actuator, 18 (Paragraph [0034]) to actuate the heaters in a desired manner (Paragraphs [0035]-[0046]). The power draw of each element is controlled (Paragraph [0040]) by varying the duration to which the aerosol material is heated (Paragraph [0046]). While it isn’t explicitly disclosed that a first portion is heated to a different amount of time than a second portion is heated. It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to heat the various portions for different amounts of times so that the desired flavor profile can be achieved (See paragraph [0042]).
With respect to claim 4, EDWARD et al. discloses a controller (Paragraphs [0023] and [0024]) configured to receive a command from an actuator, 18 (Paragraph [0034]) to actuate the heaters in a desired manner (Paragraphs [0035]-[0046]). The power draw of each element is controlled (Paragraph [0040]) to suit the individual heating requirements of each of the plurality of recesses containing aerosol generating material. It would have been obvious to one having ordinary skill in the art, prior to the effective filing date of the claimed invention, to have a different power factor for individual areas of the aerosol generating material so that aerosol generating material that requires higher temperatures can be aerosolized while materials that require lower temperatures can be heated to an appropriate temperature without excessive power consumption.
With respect to claim 5, EDWARD et al. discloses a controller (Paragraphs [0023] and [0024]) configured to receive a command from an actuator, 18 (Paragraph [0034]) to actuate the heaters in a desired manner (Paragraphs [0035]-[0046]).
With respect to claim 6, EDWARD et al. discloses a system (Figures 9-11) that provides relative movement between the consumable and the heating elements (Paragraphs [0073]-[0083]).
It is noted that claim 6 recites the relative movement of the heating elements as compared to the consumable. From a relative movement perspective, a view from the consumable, when in steady state motion, would give the perception of movement of the heater with respect to the consumable. Moreover, as the consumable is wound about spool, 180, they are moved relative to each other. Specifically, the consumables passing over heaters, 11a, are moving linearly while those winding about spool are moving in a rotational manner.
With respect to claim 7, EDWARD et al. discloses moving the consumable (e.g., all of the areas of the consumable are moved (Paragraphs [0078]-[0083]). Thus, as seen in figure 9, multiple heaters are moving relative to multiple consumable areas.
With respect to claim 8, EDWARD et al. discloses that prior to a heating session, the movement system is capable of relatively moving the heater to the consumable to heat the aerosol generating materials, 178 (Figures 9 and 10; Paragraphs [0073]-[0083]).
It is noted that claim 8 recites the relative movement of the heating elements as compared to the consumable. From a relative movement perspective, a view from the consumable, when in steady state motion, would give the perception of movement of the heater with respect to the consumable.
With respect to claim 9, EDWARD et al. discloses that the aerosol generating material is in the form of a gel (Paragraph [0099]).
With respect to claim 10, EDWARD et al. shows that the plurality of portions of aerosol generating material, 9, are one on side of the carrier, 7, while the heaters face a different side of the carrier (Figures 7a, 7b).
With respect to claim 11, EDWARD et al. discloses that the carrier support is formed of paper (Paragraphs [0048], [0049]).
With respect to claim 12, EDWARD et al. shows that the carrier support is in a substantially rectangular shape (Figures 3, 5, 6) and the plurality of portions are arranged in rows.
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Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over EDWARD et al. (EP 3250061 B1) and SEBASTIAN et al. (US 2014/0000638) as applied to claims 1-12 and further in view of CARROLL et al. (US 2018/0140015).
With respect to claim 13, modified EDWARD et al. does not explicitly disclose the claimed mechanisms and means. CARROLL et al. discloses an aerosol generating device (Abstract). The capsules for the device include an RFID, NFC or barcode (e.g. identifier) (Paragraph [0029]) that identifies the type of aerosol forming substance in the capsule (Paragraphs [0027]-[0029]) that is read by a reader in the device (Paragraph [0029]) (e.g., input mechanism) that then is sent to a user’s phone (Paragraph [0030]). The information is read and the heating settings are controlled based on the information provided by the identifier (Paragraphs [0027]-[0029]). 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 an RFID for each of the aerosol capsules of modified EDWARD et al., as taught by CARROLL et al., which is to be read by a reader and sent to a users’ mobile phone, so that the heating temperate and duration can be set for the particular capsules being heated to give the desired aerosol profile.
With respect to claim 14, CARROLL et al. discloses that the phone is sent a message about whether a genuine capsule is present in the device (Paragraph [0030]) ( the screen of the phone thus represents an identification means). While CARROLL et al. does not explicitly disclose that the communication with the mobile phone is wireless, 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 communication between the device and the phone as wireless communication, so that the user does not need to have a cord or other physical information transfer means with them to transfer the information from the device to the phone.
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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/ALEX B EFTA/Primary Examiner, Art Unit 1745