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 14-17, and 20-25 are pending and are subject to this Office Action. Claims 1-13, and 18-19 are cancelled.
Response to Arguments
Applicant's arguments, see pgs 1-6, filed March 4, 2026, with respect to the rejection(s) of claims 14-17, and 20-25 under 35 U.S.C. 103 in view of Crane have been fully considered but they are not persuasive.
On pg. 1-3, Applicant submits that the Office Action dated 12/5/2025 is defective for omitting any discussion of the Papakyrillou Declaration submitted with the Applicant’s Amendment dated 12/1/2025. However, the majority of the arguments on the Papakyrillou Declaration are directed to Sebastian-783 (US 2014/0096783 A1, Cited on the IDS dated 6/1/2022), which is no longer used as a reference for the rejection of Claim 14. The rejection of Claim 14 on the Office Action dated 12/5/2025 relies upon Sebastian-853 (US 2013/0074853 A1) in view of Crane (US 5,022,964 A). As such, the arguments on the Papakyrillou Declaration directed to Sebastian-783 are moot.
The single argument in the Papakyrillou Declaration with respect to Crane (see pg. 5-6 of the Declaration) has already been addressed in the Response to Arguments on the Office Action dated 12/5/2025. To quote the section directly, “On pg 7-8, Applicant argues that the Office's assertion that a person of ordinary skill in the art would have modified Sebastian-783 (US 2014/0096783 A1, Cited on the IDS dated 6/1/2022) based on the teachings of Crane is in error. Specifically, Applicant argues that nonwoven cellulose ester matrices, as in Crane, will have completely different properties to, and therefore not be relevant in the design of, filters containing PHA fibers, as in Applicant's claims. Examiner does not find the arguments persuasive as Crane demonstrates that conventional cellulose acetate filaments are known to have an external surface area of about 0.25 square metres per gram (Crane, col 3, ln 50-52) and that the surface area of a plurality of fibres is correlated with the filtration efficiency of the filter (Crane, col 1, ln 57-63). As Sebastian-783 does not provide does not provide a total external surface area of the plurality of fibres comprising the polyhydroxyalkanoate compound within the at least one filter segment, one of ordinary skill in the art would have looked to other prior art references (such as Crane) for an exemplary total external surface area which could yield the desirable filtration properties of conventional cigarette filters (Sebastian-783, [0008]). While there may be differences in the composition of the fibers of Sebastian-783 and Crane, Crane provides a clear demonstration the surface area of a plurality of fibres in a filter is correlated with the filtration efficiency of the filter (Crane, col 1, ln 57-63). Therefore, one of ordinary skill in the art would have been motivated by the disclosures in Crane to modify the total external surface area of the fibers to yield a filter having an analogous filtration efficiency to that of a conventional cellulose acetate filter”. As such, the arguments are unpersuasive.
On pg. 4-5, Applicant directly cites the Papakyrillou Declaration to argue that: “The Examiner appears to interpret Sebastian ['853]'s references to the RTD of cigarettes as equivalent to the RTD of filter segments. To the person of ordinary skill in the art, the Examiner's interpretation is unreasonable in the context of the claimed invention.” However, the Applicant’s interpretation of the Papakyrillou appears to be in error because the Papakyrillou Declaration responds the rejection of Claim 14 in view of Sebastian-783 (US 2014/0096783 A1, Cited on the IDS dated 6/1/2022) from the Office Action dated 7/30/2025. On the Office Action dated 12/5/2025, Sebastian-783 has been replaced with Sebastian-853 (US 2013/0074853 A1), which explicitly discloses that “a typical filter segment having a 100 mm length and a 24.53 mm circumference may exhibit a pressure drop of from about 200 mm to about 400 mm of water” (Sebastian-853, [0037]). As the disclosure of Sebastian-853 refers directly to the pressure drop of a typical filter segment, one of ordinary skill in the art would have looked to the suggestion of a typical RTD as disclosed in Sebastian-853 for a suitable resistance to draw for the filter. As such, the arguments are unpersuasive.
On pg. 5-6, Applicant argues that the conclusion that the "ranges for the dpf, total denier, the percent by weight of the polyhydroxyalkanoate compound, and resistance to draw disclosed by the prior art overlap the claimed ranges, and therefore the claimed ranges are considered prima facie obvious" is
unfounded because the Office Action does not establish the predicate facts required to rely on MPEP § 2144.05(I) in this way. Examiner does not find the argument persuasive because Sebastian-853 discloses fibres having a dpf and total denier overlapping the claimed ranges (Sebastian-853, [0065]), and an amount of the polyhydroxyalkanoate compound which overlaps the claimed range (Sebastian-853, [0079]-[0080]). Additionally, Examiner has provided sufficient motivation for modifying Sebastian-853 (Sebastian-853, [0037]) to yield an aerosol generating article having a resistance to draw which overlaps the claimed range. As such, the arguments are unpersuasive because the invention of Sebastian-853 in view of Crane provides ranges for the dpf, total denier, the percent by weight of the polyhydroxyalkanoate compound, and resistance to draw which overlap the claimed ranges.
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 14-15, 17, and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Sebastian-853 (US 2013/0074853 A1) in view of Crane (US 5,022,964 A).
Regarding Claim 14, Sebastian-853, directed to aerosol-generating articles ([0001]-[0002], A filter cigarette is an aerosol-generating article; see instant specification, pg 1, ln 6), teaches an aerosol-generating article ([0086]-[0088], Fig. 6; Cigarette 600 is a smoking article comprising tobacco rod 612 and a plasticized and/or melted fiber product (filter element) 626), comprising:
an aerosol-generating substrate ([0086]-[0087], Fig. 6; Cigarette 600 comprises tobacco rod 612, which is a cylindrical rod of a smokable filer material. Tobacco is an aerosol generating substrate); and
a filter in axial alignment with the aerosol-generating substrate ([0086]-[0088], Fig. 6; Cigarette 600 comprises a plasticized and/or melted fiber product (filter element) 626 in axial alignment with tobacco rod 612),
the filter comprising at least one filter segment of filtration material formed of a plurality of fibres comprising a polyhydroxyalkanoate compound ([0050]-[0051], Fig. 2 shows a system 200 of operations to produce the plasticized and/or melted fiber product (filter element) 626. A first fiber 208A and a second fiber 208B are processed to form filter elements. [0056]-[0059], [0064], The second fiber 208B may comprise polyhydroxyalkanoate compounds. [0068], [0074], [0079], Fibers 208A,B are textured to form a mixed fiber product 238. Then the mixed fiber product 238 is plasticized, and optionally melted to form the plasticized and/or melted fiber product (filter element) 626.),
wherein the fibres have a denier per filament (dpf) of between 1.5 dpf and 2.7 dpf ([0065], An exemplary dpf range for the filaments comprising the fibers 208A, 208B may be about 1.5 to about 8 where denier is expressed in units of grams/9000 meters),
wherein a total denier of the fibres is between 25,000 and 40,000 ([0065], An exemplary range of total denier for the fibers 208A, 208B may be about 10,000 to about 50,000 (e.g., about 15,000 or about 40,000 total denier)),
wherein the at least one filter segment comprises at least 20 percent by weight of the polyhydroxyalkanoate compound ([0079]-[0080], a first fiber may define a first portion with a first melting point, and a second fiber may define a second portion with a second melting point. In some embodiments the first portion may comprise from about 5% to about 40%, and preferably about 25% of the total mass or volume of the mixed fiber product 238', 338’. The first fiber 208A and the second fiber 208B (the polyhydroxyalkanoate compound) are entangled, formed into a mixed fiber product 238', 338', and wrapped with a plug wrap 252, 352 to form a filter element 258', 358. If the first fiber 208A (first portion) forms about 5% to about 40% of the mass of the mixed fiber product (filter element) 238’/626, the second fiber 208B (polyhydroxyalkanoate compound) must form about 60% to about 95% of the by weight of the filter segment),
wherein a resistance to draw (RTD) of a conventional filter segment is between 150 millimetres H2O and about 250 millimetres H2O ([0037], a typical filter segment having a 100 mm length and a 24.53 mm circumference may exhibit a pressure drop of from about 200 mm to about 400 mm of water),
but does not teach the aerosol-generating article i) wherein a total external surface area of the plurality of fibres comprising the polyhydroxyalkanoate compound within the at least one filter segment is between 0.15 square metres per gram and 0.55 square metres per gram, and ii) wherein a resistance to draw (RTD) of the at least one filter segment is between 150 millimetres H2O and about 250 millimetres H2O.
With respect to i), Crane, directed to aerosol-generating articles (col 1, ln 6-21; A filter cigarette is an aerosol-generating article; see instant specification, pg 1, ln 6), teaches a filter (col 3, ln 4-6) comprising
at least one filter segment of filtration material formed of a plurality of fibres (col 3, ln 4-40; The new and improved filter material comprises at least one filter segment comprising cellulose ester staple fibers),
wherein conventional cellulose acetate filaments are known to have an external surface area of about 0.25 square metres per gram (col 3, ln 50-52),
and wherein the surface area of a plurality of fibres is correlated with the filtration efficiency of the filter (col 1, ln 57-63).
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 aerosol-generating article of Sebastian-853 wherein a total external surface area of the plurality of fibres comprising the polyhydroxyalkanoate compound within the at least one filter segment is about 0.25 square metres per gram as disclosed by Crane because Sebastian-853 and Crane are directed to aerosol-generating articles, Sebastian-853 states that conventional cigarette filters comprises cellulose acetate fibers (Sebastian-853, [0026]), and Crane demonstrates that conventional cellulose acetate filaments are known to have an external surface area of about 0.25 square metres per gram (col 3, ln 50-52) and that surface area of a plurality of fibres is correlated with the filtration efficiency of the filter (col 1, ln 57-63). As Sebastian-853 does not provide a total external surface area of the plurality of fibres comprising the polyhydroxyalkanoate compound within the at least one filter segment, one of ordinary skill in the art would have looked to other prior art references (such as Crane) for an exemplary total external surface area which could yield the desirable filtration properties of conventional cigarette filters (Sebastian-853, [0026]).
Sebastian-853 in view of Crane does not teach the aerosol-generating article ii) wherein a resistance to draw (RTD) of the at least one filter segment is between 150 millimetres H2O and about 250 millimetres H2O.
With respect to ii), 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 aerosol-generating article of Sebastian-853 wherein a resistance to draw (RTD) of the at least one filter segment is between 150 millimetres H2O and about 250 millimetres H2O because Sebastian-853 demonstrates that a resistance to draw (RTD) of between 200 millimetres H2O and about 400 millimetres H2O is conventional for a typical cigarette filter (Sebastian-853, [0037]). As Sebastian-853 does not explicitly provide a resistance to draw (RTD) of the at least one filter segment, one of ordinary skill in the art would have looked to the suggestion of a typical RTD as disclosed in Sebastian-853 for a suitable resistance to draw for the filter. Furthermore, Sebastian-853 states that the desired pressure drop can be achieved by manipulating the dpf of the fibers. Therefore, it would have been obvious to one of ordinary skill in the art to optimize the dpf of the fibers to yield a desired RTD such as the conventional RTD range disclosed by Sebastian-853.
The ranges for the dpf, total denier, the percent by weight of the polyhydroxyalkanoate compound, and resistance to draw disclosed by the prior art overlap the claimed ranges, and therefore the claimed ranges are considered prima facie obvious. See MPEP § 2144.05.I.
Regarding Claim 15, Sebastian-853 in view of Crane teaches the aerosol-generating article according to claim 14. Sebastian-853 further teaches the article wherein the plurality of fibres have a round cross-sectional shape ([0066], Fig. 4; Fibers 208A, 208B have a circular cross-sectional shape as shown in Fig. 4).
Crane further teaches the article wherein the plurality of fibres provide a total external surface area within the at least one filter segment of between 0.15 square meters per gram and 0.3 square meters per gram (col 3, ln 50-52; Sebastian-853 has been modified in view of Crane such that the total external surface area of the plurality of fibres comprising the polyhydroxyalkanoate compound within the at least one filter segment is about 0.25 square metres per gram).
Regarding Claim 17, Sebastian-853 in view of Crane teaches the aerosol-generating article according to claim 14. Sebastian-853 further teaches the article wherein the filtration material further comprises a plurality of fibres of at least one additional, biodegradable polymer ([0051]-[0059], [0064]).
Regarding Claim 24, Sebastian-853 in view of Crane teaches the aerosol-generating article according to claim 14. Sebastian-853 further teaches the article wherein the aerosol-generating substrate is a rod of tobacco having a length of at least 30 millimetres ([0043], Fig. 6; Tobacco rod 612 has a length between 35 and 85 mm).
Regarding Claim 25, Sebastian-853, directed to aerosol-generating articles ([0002], A filter cigarette is an aerosol-generating article; see instant specification, pg 1, ln 6), teaches a filter for an aerosol-generating article ([0086]-[0088], Fig. 6; Cigarette 600 is a smoking article comprising tobacco rod 612 and a plasticized and/or melted fiber product (filter element) 626), the filter comprising:
at least one filter segment of filtration material formed of a plurality of fibres comprising a polyhydroxyalkanoate compound ([0050]-[0051], Fig. 2 shows a system 200 of operations to produce the plasticized and/or melted fiber product (filter element) 626. A first fiber 208A and a second fiber 208B are processed to form filter elements. [0056]-[0059], [0064], The second fiber 208B may comprise polyhydroxyalkanoate compounds. [0068], [0074], [0079], Fibers 208A,B are textured to form a mixed fiber product 238. Then the mixed fiber product 238 is plasticized, and optionally melted to form the plasticized and/or melted fiber product (filter element) 626.),
wherein the fibres have a denier per filament (dpf) of between 1.5 dpf and 2.7 dpf ([0065], An exemplary dpf range for the filaments comprising the fibers 208A, 208B may be about 1.5 to about 8 where denier is expressed in units of grams/9000 meters),
wherein a total denier of the fibres is between 25,000 and 40,000 ([0065], An exemplary range of total denier for the fibers 208A, 208B may be about 10,000 to about 50,000 (e.g., about 15,000 or about 40,000 total denier)),
wherein the at least one filter segment comprises at least 20 percent by weight of the polyhydroxyalkanoate compound ([0079]-[0080], a first fiber may define a first portion with a first melting point, and a second fiber may define a second portion with a second melting point. In some embodiments the first portion may comprise from about 5% to about 40%, and preferably about 25% of the total mass or volume of the mixed fiber product 238', 338’. The first fiber 208A and the second fiber 208B (the polyhydroxyalkanoate compound) are entangled, formed into a mixed fiber product 238', 338', and wrapped with a plug wrap 252, 352 to form a filter element 258', 358. If the first fiber 208A (first portion) forms about 5% to about 40% of the mass of the mixed fiber product (filter element) 238’/626, the second fiber 208B (polyhydroxyalkanoate compound) must form about 60% to about 95% of the by weight of the filter segment),
but does not teach the filter wherein a total external surface area of the plurality of fibres comprising the polyhydroxyalkanoate compound within the at least one filter segment is between 0.15 square metres per gram and 0.55 square metres per gram.
Crane, directed to aerosol-generating articles (col 1, ln 6-21; A filter cigarette is an aerosol-generating article; see instant specification, pg 1, ln 6), teaches a filter for an aerosol-generating article (col 1, ln 6-21, col 3, ln 4-6) comprising
at least one filter segment of filtration material formed of a plurality of fibres (col 3, ln 4-40; The new and improved filter material comprises at least one filter segment comprising cellulose ester staple fibers),
wherein conventional cellulose acetate filaments are known to have an external surface area of about 0.25 square metres per gram (col 3, ln 50-52),
and wherein the surface area of a plurality of fibres is correlated with the filtration efficiency of the filter (col 1, ln 57-63).
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 aerosol-generating article of Sebastian-853 wherein a total external surface area of the plurality of fibres comprising the polyhydroxyalkanoate compound within the at least one filter segment is about 0.25 square metres per gram as disclosed by Crane because Sebastian-853 and Crane are directed to aerosol-generating articles, Sebastian-853 states that conventional cigarette filters comprises cellulose acetate fibers (Sebastian-853, [0026]), and Crane demonstrates that conventional cellulose acetate filaments are known to have an external surface area of about 0.25 square metres per gram (col 3, ln 50-52) and that surface area of a plurality of fibres is correlated with the filtration efficiency of the filter (col 1, ln 57-63). As Sebastian-853 does not provide a total external surface area of the plurality of fibres comprising the polyhydroxyalkanoate compound within the at least one filter segment, one of ordinary skill in the art would have looked to other prior art references (such as Crane) for an exemplary total external surface area which could yield the desirable filtration properties of conventional cigarette filters (Sebastian-853, [0026]).
The ranges for the dpf, total denier, and the percent by weight of the polyhydroxyalkanoate compound disclosed by the prior art overlap the claimed ranges, and therefore the claimed ranges are considered prima facie obvious. See MPEP § 2144.05.I.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Sebastian-853 (US 2013/0074853 A1) in view of Matsumura (US 5,692,527 A).
Regarding Claim 14, Sebastian-853, directed to aerosol-generating articles ([0001]-[0002], A filter cigarette is an aerosol-generating article; see instant specification, pg 1, ln 6), teaches an aerosol-generating article ([0086]-[0088], Fig. 6; Cigarette 600 is a smoking article comprising tobacco rod 612 and a plasticized and/or melted fiber product (filter element) 626), comprising:
an aerosol-generating substrate ([0086]-[0087], Fig. 6; Cigarette 600 comprises tobacco rod 612, which is a cylindrical rod of a smokable filer material. Tobacco is an aerosol generating substrate); and
a filter in axial alignment with the aerosol-generating substrate ([0086]-[0088], Fig. 6; Cigarette 600 comprises a plasticized and/or melted fiber product (filter element) 626 in axial alignment with tobacco rod 612),
the filter comprising at least one filter segment of filtration material formed of a plurality of fibres comprising a polyhydroxyalkanoate compound ([0050]-[0051], Fig. 2 shows a system 200 of operations to produce the plasticized and/or melted fiber product (filter element) 626. A first fiber 208A and a second fiber 208B are processed to form filter elements. [0056]-[0059], [0064], The second fiber 208B may comprise polyhydroxyalkanoate compounds. [0068], [0074], [0079], Fibers 208A,B are textured to form a mixed fiber product 238. Then the mixed fiber product 238 is plasticized, and optionally melted to form the plasticized and/or melted fiber product (filter element) 626.),
wherein the fibres have a denier per filament (dpf) of between 1.5 dpf and 2.7 dpf ([0065], An exemplary dpf range for the filaments comprising the fibers 208A, 208B may be about 1.5 to about 8 where denier is expressed in units of grams/9000 meters),
wherein a total denier of the fibres is between 25,000 and 40,000 ([0065], An exemplary range of total denier for the fibers 208A, 208B may be about 10,000 to about 50,000 (e.g., about 15,000 or about 40,000 total denier)),
wherein the at least one filter segment comprises at least 20 percent by weight of the polyhydroxyalkanoate compound ([0079]-[0080], a first fiber may define a first portion with a first melting point, and a second fiber may define a second portion with a second melting point. In some embodiments the first portion may comprise from about 5% to about 40%, and preferably about 25% of the total mass or volume of the mixed fiber product 238', 338’. The first fiber 208A and the second fiber 208B (the polyhydroxyalkanoate compound) are entangled, formed into a mixed fiber product 238', 338', and wrapped with a plug wrap 252, 352 to form a filter element 258', 358. If the first fiber 208A (first portion) forms about 5% to about 40% of the mass of the mixed fiber product (filter element) 238’/626, the second fiber 208B (polyhydroxyalkanoate compound) must form about 60% to about 95% of the by weight of the filter segment),
wherein a resistance to draw (RTD) of a conventional filter segment is between 150 millimetres H2O and about 250 millimetres H2O ([0037], a typical filter segment having a 100 mm length and a 24.53 mm circumference may exhibit a pressure drop of from about 200 mm to about 400 mm of water),
but does not teach the aerosol-generating article i) wherein a total external surface area of the plurality of fibres comprising the polyhydroxyalkanoate compound within the at least one filter segment is between 0.15 square metres per gram and 0.55 square metres per gram, and ii) wherein a resistance to draw (RTD) of the at least one filter segment is between 150 millimetres H2O and about 250 millimetres H2O.
With respect to i), Matsumura, directed to aerosol-generating articles (col 1, ln 10; The filter is configured to filter tobacco smoke; col 10, ln 24-56; The examples show that the filter forms part of a cigarette. A filter cigarette is an aerosol-generating article; see instant specification, pg 1, ln 6), teaches a filter (col 1, ln 10) comprising
at least one filter segment of filtration material formed of a plurality of fibres (col 2, ln 19-42; The filter comprises at least one filter segment of filtration material formed of a plurality of cellulose ester fibres),
wherein a total external surface area of the plurality of fibres within the at least one filter segment is between 0.15 square metres per gram and 0.55 square metres per gram (col 2, ln 29-31; The total external surface area of the cellulose ester fibres is 0.5 to 4.5 square metres per gram).
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 aerosol-generating article of Sebastian-853 wherein a total external surface area of the plurality of fibres comprising the polyhydroxyalkanoate compound within the at least one filter segment is between 0.15 square metres per gram and 0.55 square metres per gram as taught by Matsumura because Sebastian-853 and Matsumura are directed to aerosol generating articles, Sebastian-853 states that conventional cigarette filters comprises cellulose acetate fibers (Sebastian-853, [0026]),and Matsumura demonstrates that a filter comprising a plurality of fibres having a total external surface area between 0.15 and 0.55 square metres per gram provides an adequate filtration efficiency and a smoking quality comparable to that obtained with the filter comprising a cellulose acetate tow (Matsumura, col 9, ln 64 – col 10, ln 3). As Sebastian-853 does not provide a total external surface area of the plurality of fibres comprising the polyhydroxyalkanoate compound within the at least one filter segment, one of ordinary skill in the art would have looked to other prior art references (such as Matsumura) for an exemplary total external surface area which could yield the filtration properties of conventional cigarette filters (Sebastian-853, [0026]).
Sebastian-853 in view of Matsumura does not teach the aerosol-generating article ii) wherein a resistance to draw (RTD) of the at least one filter segment is between 150 millimetres H2O and about 250 millimetres H2O.
With respect to ii), 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 aerosol-generating article of Sebastian-853 in view of Matsumura wherein a resistance to draw (RTD) of the at least one filter segment is between 150 millimetres H2O and about 250 millimetres H2O because Sebastian-853 demonstrates that a resistance to draw (RTD) of between 200 millimetres H2O and about 400 millimetres H2O is conventional for a typical cigarette filter (Sebastian-853, [0037]). As Sebastian-853 does not explicitly provide a resistance to draw (RTD) of the at least one filter segment, one of ordinary skill in the art would have looked to the suggestion of a typical RTD as disclosed in Sebastian-853 for a suitable resistance to draw for the aerosol-generating article. Furthermore, Sebastian-853 states that the desired pressure drop can be achieved by manipulating the dpf of the fibers. Therefore, it would have been obvious to one of ordinary skill in the art to optimize the dpf of the fibers to yield a desired RTD such as the conventional RTD range disclosed by Sebastian-853.
The ranges for the dpf, total denier, the percent by weight of the polyhydroxyalkanoate compound, and resistance to draw disclosed by the prior art overlap the claimed ranges, and therefore the claimed ranges are considered prima facie obvious. See MPEP § 2144.05.I.
Claims 16 and 21 rejected under 35 U.S.C. 103 as being unpatentable over Sebastian-853 (US 2013/0074853 A1) in view of Matsumura (US 5,692,527 A) as applied to Claim 14, and further in view of Sebastian-783 (US 2014/0096783 A1, Cited on the IDS dated 6/1/2022).
Regarding Claim 16, Matsumura further teaches the aerosol-generating article wherein the plurality of fibres provide a total external surface area within the at least one filter segment of between 0.3 square meters per gram and 0.55 square meters per gram (col 2, ln 29-31; Sebastian-853 has been modified in view of Matsumura such that the total external surface area of the plurality of fibres comprising the polyhydroxyalkanoate compound within the at least one filter segment is between 0.5 square metres per gram and 4.5 square metres per gram),
but does not teach the article wherein the plurality of fibres have a Y-shaped cross-sectional shape.
Sebastian-783, directed to aerosol-generating articles ([0002], A filter cigarette is an aerosol-generating article; see instant specification, pg 1, ln 6), teaches a filter for an aerosol-generating article ([0059]-[0060], Fig. 5; Cigarette 202 is a smoking article comprising tobacco rod 212 and mixed tow-based filter element 226; A filter cigarette is an aerosol-generating article; see instant specification, pg 1, ln 6), the filter comprising:
at least one filter segment of filtration material formed of a plurality of fibres comprising a polyhydroxyalkanoate compound ([0009]-[0011], [0059]-[0060], [0067]-[0068], Fig. 5; Mixed tow-based filter element 226 comprises a first plurality of cellulose acetate fibers and the second plurality of fibers, wherein the second plurality of fibers may comprise a polyhydroxyalkanote compound),
wherein the plurality of fibres have a Y-shaped cross-sectional shape ([0030], The fibres may have a Y-shaped cross-sectional shape).
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 aerosol-generating article taught by Sebastian-853 in view of Matsumura wherein the plurality of fibres have a Y-shaped cross-sectional shape as taught by Sebastian-783 because Sebastian-853, Matsumura, and Sebastian-783 are directed to aerosol-generating articles, and changing the cross section of the plurality of fibres to a Y-shaped cross-sectional shape constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B.
The range for the total external surface area disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious. See MPEP § 2144.05.I.
Regarding Claim 21, Sebastian-853 in view of Matsumura does not teach the aerosol-generating article wherein the at least one filter segment has an average radial hardness of at least 80 percent.
Sebastian-783, directed to aerosol-generating articles ([0002], A filter cigarette is an aerosol-generating article; see instant specification, pg 1, ln 6), teaches a filter for an aerosol-generating article ([0059]-[0060], Fig. 5; Cigarette 202 is a smoking article comprising tobacco rod 212 and mixed tow-based filter element 226; A filter cigarette is an aerosol-generating article; see instant specification, pg 1, ln 6), the filter comprising:
at least one filter segment of filtration material formed of a plurality of fibres comprising a polyhydroxyalkanoate compound ([0009]-[0011], [0059]-[0060], [0067]-[0068], Fig. 5; Mixed tow-based filter element 226 comprises a first plurality of cellulose acetate fibers and the second plurality of fibers, wherein the second plurality of fibers may comprise a polyhydroxyalkanote compound),
wherein the at least one filter segment has an average radial hardness of at least 80 percent ([0014], [0049], The filter element has a radial hardness of at least 90%, as measured by compressing the filter about its diameter).
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 aerosol-generating article taught by Sebastian-853 in view of Matsumura wherein the at least one filter segment has an average radial hardness of at least 80 percent as taught by Sebastian-783 because Sebastian-853, Matsumura, and Sebastian-783 are directed to aerosol-generating articles, Sebastian-853 does not disclose a suitable average radial hardness for the aerosol-generating article, and Sebastian-783 demonstrates that an average radial hardness of at least 80 percent is comparable to filter elements made from conventional cellulose acetate tow (Sebastian, [0049]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Sebastian-853 (US 2013/0074853 A1) in view of Crane (US 5,022,964 A) as applied to Claim 14, and further in view of Lemmouchi (US 2014/0182613 A1).
Regarding Claim 20, Sebastian-853 in view of Crane does not teach the article wherein the at least one filter segment further comprises at least 5 percent by weight of polyethylene glycol.
Lemmouchi, directed to aerosol-generating articles ([0004], [0011], Fig. 1; A filter cigarette is an aerosol-generating article; see instant specification, pg 1, ln 6), teaches an aerosol-generating article ([0004], [0011], [0090], Fig. 1; Smoking article 1 is a cigarette comprising a filter 2 and a cylindrical rod of smokeable material 3; A filter cigarette is an aerosol-generating article; see instant specification, pg 1, ln 6), comprising:
an aerosol-generating substrate ([0004], [0090], Fig. 1; Smoking article 1 comprises a cylindrical rod of smokeable material 3. The smokable material is tobacco, which is an aerosol-generating substrate); and
a filter in axial alignment with the aerosol-generating substrate ([0004], [0090], Fig. 1; Smoking article 1 comprises filter 2 in axial alignment with cylindrical rod of smokeable material 3),
the filter comprising at least one filter segment of filtration material ([0004], [0090], Fig. 1; Filter 2 comprises a plug of filter material comprising cellulose acetate fibres 6),
wherein the at least one filter segment further comprises at least 5 percent by weight of polyethylene glycol ([0018]-[0019], [0047]; The cellulose acetate fibers may be treated with a plasticizer, and the plasticizer may be polyethylene glycol. The plasticizer may be provided at less than 10% by weight of the filter segment).
The range for the polyethylene glycol amount disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious. See MPEP § 2144.05.I.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed to provide the at least one filter segment taught by Sebastian-853 in view of Crane further comprising at least 5 percent by weight of polyethylene glycol as taught by Lemmouchi because Sebastian-853, Crane, and Lemmouchi are directed to aerosol-generating articles, Sebastian-853 states that the filter comprises cellulose acetate tow (Sebastian-853, [0064]), Sebastian-853 states that the filter segment may comprise a plasticizer (Sebastian-853, [0074]-[0075]), Lemmouchi demonstrates that plasticized cellulose acetate tow is also known to improve the selective removal of semi-volatile compounds found in smoke (e.g. phenol, o-cresol, p-cresol and m-cresol) (Lemmouchi, [0018]), and Lemmouchi demonstrates that at least 5 percent by weight of polyethylene glycol is suitable for plasticizing a filter segment (Lemmouchi, [0018]-[0019], [0047]), and the teaching in Lemmouchi would have motivated one of ordinary skill to provide the filter segment taught by Sebastian-853 comprising polyethylene glycol at the claimed amount.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Sebastian-853 (US 2013/0074853 A1) in view of Crane (US 5,022,964 A) as applied to Claim 14, and further in view of Dimmick (US 2023/0011768 A1).
Regarding Claim 22, Sebastian-853 teaches the aerosol-generating article wherein the at least one filter segment is circumscribed by a wrapper ([0088], Fig. 6; The plasticized and/or melted fiber product 626 is circumscribed along its outer circumference or longitudinal periphery by a layer of outer plug wrap 628 (wrapper) to form a filter element), but does not teach the wrapper having a basis weight of at least 100 grams per square metre (gsm).
Dimmick, directed to aerosol-generating articles ([0002]-[0004]), teaches a wrapper having a basis weight of at least 100 grams per square metre (gsm) ([0140], A stiff plug wrap may have a basis weight between 70 gsm and 120 gsm).
The range for the basis weight disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious. See MPEP § 2144.05.I.
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 wrapper taught by Sebastian-853 with a basis weight of at least 100 grams per square metre (gsm) as taught by Dimmick because Sebastian-853 and Dimmick are directed to aerosol-generating articles, Dimmick demonstrates that a wrapper with a basis weight between 70 gsm and 120 gsm has a rigidity that is sufficient to withstand the axial compressive forces and bending moments that might arise during manufacture and whilst an aerosol generating article is in use (Dimmick, [0140]).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Sebastian-853 (US 2013/0074853 A1) in view of Crane (US 5,022,964 A) as applied to Claim 14, and further in view of Hwang (US 2021/0000175 A1).
Regarding Claim 23, Sebastian-853 teaches the aerosol-generating article wherein the aerosol generating article may comprise a multi-segment filter rod (Sebastian-853, [0048]),
but does not teach article wherein the at least one filter segment is in the form of a hollow tubular element.
Hwang, directed to aerosol-generating articles ([0002], [0004], A cigarette is an aerosol generating article), teaches an aerosol generating article ([0027]-[0028], Fig. 1; Fig. 1 shows cigarette 3 including a tobacco rod 31, a filter rod 32, and a front-end plug 33. The tobacco rod 31 includes a tobacco material and an aerosol generating material) comprising:
an aerosol-generating substrate ([0027]-[0028], Fig. 1; The tobacco rod 31 includes a tobacco material and an aerosol generating material. Tobacco and an aerosol generating material are aerosol generating substrates); and
a filter in axial alignment with the aerosol-generating substrate ([0027]-[0029], Fig. 1; Cigarette 3 includes filter rod 32 located in axial alignment with tobacco rod 31 (aerosol-generating substrate)),
the filter comprising at least one filter segment of filtration material ([0029], Fig. 1; Filter rod 32 may include a first segment 321 for cooling an aerosol and a second segment 322 for filtering a particular component included in the aerosol; and [0043], First segment 321 may be a cellulose acetate filter; and [0048], Second segment 322 may be a cellulose acetate filter. Cellulose acetate is a common filtration material),
wherein the at least one filter segment is in the form of a hollow tubular element ([0038]-[0039], [0043]-[0044], Fig. 1; First segment 321 may include a longitudinally extending hollow space such that first segment 321 is a hollow tubular element),
wherein the hollow tubular element is positioned upstream of a solid filter segment ([0029], Fig. 1; First segment 321 (hollow tubular element) is positioned upstream of second segment 322).
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 article taught by Sebastian-853 in view of Crane comprising a filter segment in the form of a hollow tubular element positioned upstream of a solid filter segment as taught by Hwang because Sebastian-853, Crane, and Hwang are directed to aerosol-generating articles, Hwang demonstrates that the hollow tubular filter element has the function of cooling the aerosol before the aerosol reaches the solid filter segment (Hwang, [0029], [0044], Fig. 1) and that the solid filter segment has the function of filtering a particular component of the aerosol (Hwang, [0029], Fig. 1).
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
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