DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on February 2, 2026 has been entered.
Response to Amendments
The amendments to the claims filed on February 2, 2026 are acknowledged.
Status of the Claims
Claims 14-33 are pending and are subject to this Office Action. Claims 14, 16, and 32 are amended. Claims 1-13 are cancelled.
Response to Arguments
Applicant’s arguments, see pgs 8-13, filed February 2, 2026, with respect to the rejection(s) of claims 14-33 under 35 U.S.C. 103 have been fully considered and are persuasive. Applicant has amended claims 14, 16, and 32 to require a limitation that the previously applied prior art does not disclose: “wherein the vaporisable barrier further comprises one or more plasticizers, wherein the vaporisable barrier has a plasticizer content of greater than or equal to 10 percent by weight, and wherein the one or more plasticizers comprises one or more aerosol formers.” Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art references in combination with previously applied prior art. The following is a modified rejection based on amendments made to the claims.
Claim Interpretation
Claims 14, 16, and 32 recite the limitation “vaporisable barrier.” The limitation has been interpreted an element that comprises a material that is vaporized when heated during the normal heating cycle of the article, in accordance with the specification.
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 14-25, and 27-33 are rejected under 35 U.S.C. 103 as being unpatentable over Liu (WO 2015/070405 A1, cited on the IDS dated 6/13/2022, English Translation cited by Examiner) in view of Jeon (US 2015/0045480 A1), as evidenced by Yanagawa (US 2021/0129516 A1).
Regarding Claim 14, Liu, directed to hot-melt adhesives (pg 6, ln 235-237), teaches an aerosol-generating article for an aerosol-generating system (pg 4, ln 164 – pg 5, ln 171; Figs. 1A, 1B; The atomizer as shown in Fig. 1 is used to form an electronic cigarette with a battery rod. The atomizer is an article configured to heat and atomize a smoke oil to form an aerosol. The atomizer is therefore an aerosol-generating article, and the electronic cigarette is an aerosol-generating system), the aerosol-generating article comprising:
a storage portion having an outlet (pg 4, ln 164 – pg 5, ln 171; Figs. 1A, 1B; The atomizer comprises an oil storage mechanism 2 having an outlet at its bottom which is sealed by hot-melt sealing structure 221);
an aerosol-forming substrate (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Smoke oil is contained within the oil storage chamber 21 of oil storage mechanism 2. Smoke oil is heated and atomized by atomizer assembly to generate an aerosol),
the aerosol-forming substrate being contained within the storage portion (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Smoke oil is contained within the oil storage chamber 21 of oil storage mechanism 2); and
a barrier configured to seal the outlet (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Hot-melt sealing structure 221 is configured to seal the outlet at the bottom of oil storage mechanism 2. Hot-melt sealing structure 221 is provided next to atomizer assembly 3 such that the hot-melt sealing structure 221 is heated and melts when atomizer assembly 3 is powered on. Therefore, hot-melt sealing structure 221 reads on the barrier),
wherein the barrier comprises one or more polymers (pg 6, ln 235-237; Fig. 1B; Hot-melt sealing structure 221 comprises one or more polymers including polyethylene, polypropylene, or polyurethane),
wherein the barrier has a polymer content of greater than or equal to 1 percent by weight (pg 6, ln 235-237; Fig. 1B; If hot-melt sealing structure 221 comprises polyethylene hot melt adhesive, it is reasonably understood that hot-melt sealing structure 221 has a polymer content of greater than or equal to 1 percent by weight),
wherein the barrier is configured to be melted during a first heating cycle of the aerosol-generating article during first use of the aerosol-generating article in the aerosol-generating system (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Hot-melt sealing structure 221 is provided next to atomizer assembly 3 such that the hot-melt sealing structure 221 is heated and melts when atomizer assembly 3 is powered on. When hot-melt sealing structure 221 melts, the smoke oil circulation channel is open such that smoke oil may flow from oil storage mechanism may flow to atomizer assembly 3 for atomization. Therefore, it is reasonably understood that the hot-melt sealing structure melts during a first heating cycle of the aerosol-generating article during first use of the aerosol-generating article in the aerosol-generating system),
but does not teach the article i) wherein the barrier further comprises one or more metal salts, wherein the one or more metal salts are selected from the group consisting of metal alginates, metal benzoates, metal cinnamates, metal cycloheptanecarboxylates, metal levulinates, metal propanoates, metal stearates, and metal undecanoates, wherein the barrier has a metal salt content of between 0.1 percent and 10 percent by weight, wherein the vaporisable barrier further comprises one or more plasticizers, wherein the vaporisable barrier has a plasticizer content of greater than or equal to 10 percent by weight, and wherein the one or more plasticizers comprises one or more aerosol formers, and ii) wherein the barrier is a vaporisable barrier configured to be vaporised during a first heating cycle of the aerosol-generating article during first use of the aerosol-generating article in the aerosol-generating system, such that substantially all of a material of the vaporisable barrier enters the vapor phase during the first heating cycle.
With respect to i), Jeon, directed to hot melt adhesives ([0001]), teaches a hot-melt adhesive composition ([0008], there is provided starch-based hot melt adhesive) comprising:
one or more polymers, wherein the composition has a polymer content of greater than or equal to 1 percent by weight ([0008], there is provided starch-based hot melt adhesive comprised of a composition including starch, a thermoplastic polymer, a tackifier, a plasticizer, and an adhesion promoter. Herein, the starch is contained in an amount of 25 to 55 weight % with respect to the total weight of the composition. Further, the thermoplastic polymer is contained in an amount of 20 to 150 parts by weight with respect to 100 parts by weight of the starch. Therefore, there must be embodiments of the invention hot melt adhesive composition must have a thermoplastic polymer content greater than or equal to 1 percent by weight; see also [0049], Table 1; Manufacturing Example 1 comprises 214 g of a thermoplastic polymer in a 1002 g mixture to yield a composition having a polymer content of 21.3 wt%);
polyethyelene or parrafin wax ([0035]-[0036]);
one or more metal salts, and wherein the one or more metal salts are selected from the group consisting of metal alginates, metal benzoates, metal cinnamates, metal cycloheptanecarboxylates, metal levulinates, metal propanoates, metal stearates, and metal undecanoates, wherein the composition has a metal salt content of between 0.1 percent and 10 percent by weight ([0035]-[0036], Calcium stearate (metal stearate) may be added to the composition as a filler; and Claims 2, 8-9, the composition further includes a supplement additive, and the supplement additive is contained in an amount of less than 10 parts by weight with respect to 100 parts by weight of the starch and includes at least one selected from the group consisting of wax, polybutene, oil, filler, and an antioxidant; and [0008], the starch is contained in an amount of 25 to 55 weight % with respect to the total weight of the composition. Based on the cited weight of the supplemental additive (filler, calcium stearate, metal salt) relative to the starch, the composition may have a metal salt content of 2.5% to 5.5% by weight),
one or more plasticizers, wherein the hot-melt adhesive composition has a plasticizer content of greater than or equal to 10 percent by weight, and wherein the one or more plasticizers comprises one or more aerosol formers ([0008], there is provided starch-based hot melt adhesive comprised of a composition including starch, a thermoplastic polymer, a tackifier, a plasticizer, and an adhesion promoter. Herein, the starch is contained in an amount of 25 to 55 weight % with respect to the total weight of the composition. The plasticizer is contained in an amount of 10 to 40 parts by weight with respect to 100 parts by weight of the starch. [0020], The plasticizer according to the present invention is not specifically limited in kind and may include, for example, at least one selected from the group consisting of sorbitol, ethylene glycol, glycerin, glycerin diacetate, and pentaerythritol. Glycerin and sorbitol are known aerosol formers (see instant specification, pg 21, ln 7-22). Based on the cited weight of the plasticizer relative to the starch, the composition may have a plasticizer content of 2.5% to 22% by weight; see also [0059], Table 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the hot-melt adhesive composition taught by Jeon to form the barrier taught by Liu because Liu and Jeon are directed to hot-melt adhesives, Liu states that the barrier may comprise a polyethylene hot-melt adhesive or a parrafin wax (Liu, pg 6, ln 235-237) but does not provide a specific composition, Jeon discloses a hot-melt adhesive composition comprising a polyethylene or parrafin wax (Jeon, [0035]-[0036]), Jeon states that its hot-melt adhesive composition has eco-friendly characteristics by including starch as a major constituent (Jeon, [0005]), and this involves substituting one holt-melt adhesive composition with another to yield predictable results.
With respect to ii), Claim 14 is directed to an aerosol generating article, and recites the limitation “wherein the vaporisable barrier is configured to be vaporised during a first heating cycle of the aerosol-generating article during first use of the aerosol-generating article in the aerosol-generating system, such that substantially all of a material of the vaporisable barrier enters the vapor phase during the first heating cycle”. The patentability of a product or an apparatus does not depend on the manner in which a claimed apparatus is intended to be used. See MPEP 2114 II. Because Liu in view of Jeon teaches an aerosol generating article which reads on the compositional and structural limitations of Claim 14, wherein the one or more polymers comprise polyethylene as recited in Claims 24-25 (Jeon, [0035]-[0036]), and further comprising starch as recited in Claim 26 (Jeon, [0008]), the aerosol generating article taught by Liu in view of Jeon is structurally and compositionally equivalent to the claimed aerosol generating article. Therefore, the barrier taught by Liu in view of Jeon would be necessarily capable of performing the claimed function.
The ranges for the polymer content, the metal salt content, the plasticizer content 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, Liu in view of Jeon teaches the aerosol-generating article according to claim 14. Jeon further teaches the article wherein the vaporisable barrier further comprises one or more metal stearates ([0035]-[0036], Calcium stearate (metal stearate) may be added to the composition as a filler).
Regarding Claim 16, Liu, directed to hot-melt adhesives (pg 6, ln 235-237), teaches an aerosol-generating article for an aerosol-generating system (pg 4, ln 164 – pg 5, ln 171; Figs. 1A, 1B; The atomizer as shown in Fig. 1 is used to form an electronic cigarette with a battery rod. The atomizer is an article configured to heat and atomize a smoke oil to form an aerosol. The atomizer is therefore an aerosol-generating article, and the electronic cigarette is an aerosol-generating system), the aerosol-generating article comprising:
a storage portion (pg 4, ln 164 – pg 5, ln 171; Figs. 1A, 1B; The atomizer comprises an oil storage mechanism 2 having an outlet at its bottom which is sealed by hot-melt sealing structure 221);
an aerosol-forming substrate (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Smoke oil is contained within the oil storage chamber 21 of oil storage mechanism 2. Smoke oil is heated and atomized by atomizer assembly to generate an aerosol),
the aerosol-forming substrate being contained within the storage portion (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Smoke oil is contained within the oil storage chamber 21 of oil storage mechanism 2);
a heater configured to heat the aerosol-forming substrate (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; The atomizer comprises atomizer assembly 3 configured to heat the smoke oil); and
a barrier disposed between the storage portion and the heater (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Hot-melt sealing structure 221 is configured to seal the outlet at the bottom of oil storage mechanism 2. Hot-melt sealing structure 221 is disposed between oil storage mechanism and atomizer assembly 3 such that the hot-melt sealing structure 221 is heated and melts when atomizer assembly 3 is powered on. Therefore, hot-melt sealing structure 221 reads on the barrier),
wherein the barrier comprises one or more polymers (pg 6, ln 235-237; Fig. 1B; Hot-melt sealing structure 221 comprises one or more polymers including polyethylene, polypropylene, or polyurethane),
wherein the barrier has a polymer content of greater than or equal to 1 percent by weight (pg 6, ln 235-237; Fig. 1B; If hot-melt sealing structure 221 comprises polyethylene hot melt adhesive, it is reasonably understood that hot-melt sealing structure 221 has a polymer content of greater than or equal to 1 percent by weight),
wherein the barrier is configured to be melted during a first heating cycle of the aerosol-generating article during first use of the aerosol-generating article in the aerosol-generating system (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Hot-melt sealing structure 221 is provided next to atomizer assembly 3 such that the hot-melt sealing structure 221 is heated and melts when atomizer assembly 3 is powered on. When hot-melt sealing structure 221 melts, the smoke oil circulation channel is open such that smoke oil may flow from oil storage mechanism may flow to atomizer assembly 3 for atomization. Therefore, it is reasonably understood that the hot-melt sealing structure melts during a first heating cycle of the aerosol-generating article during first use of the aerosol-generating article in the aerosol-generating system),
but does not teach the article i) wherein the barrier further comprises one or more metal salts, wherein the one or more metal salts are selected from the group consisting of metal alginates, metal benzoates, metal cinnamates, metal cycloheptanecarboxylates, metal levulinates, metal propanoates, metal stearates, and metal undecanoates, wherein the barrier has a metal salt content of between 0.1 percent and 10 percent by weight, wherein the vaporisable barrier further comprises one or more plasticizers, wherein the vaporisable barrier has a plasticizer content of greater than or equal to 10 percent by weight, and wherein the one or more plasticizers comprises one or more aerosol formers, and ii) wherein the barrier is a vaporisable barrier configured to be vaporised during a first heating cycle of the aerosol-generating article during first use of the aerosol-generating article in the aerosol-generating system, such that substantially all of a material of the vaporisable barrier enters the vapor phase during the first heating cycle.
With respect to i), Jeon, directed to hot melt adhesives ([0001]), teaches a hot-melt adhesive composition ([0008], there is provided starch-based hot melt adhesive) comprising:
one or more polymers, wherein the composition has a polymer content of greater than or equal to 1 percent by weight ([0008], there is provided starch-based hot melt adhesive comprised of a composition including starch, a thermoplastic polymer, a tackifier, a plasticizer, and an adhesion promoter. Herein, the starch is contained in an amount of 25 to 55 weight % with respect to the total weight of the composition. Further, the thermoplastic polymer is contained in an amount of 20 to 150 parts by weight with respect to 100 parts by weight of the starch. Therefore, there must be embodiments of the invention hot melt adhesive composition must have a thermoplastic polymer content greater than or equal to 1 percent by weight; see also [0049], Table 1; Manufacturing Example 1 comprises 214 g of a thermoplastic polymer in a 1002 g mixture to yield a composition having a polymer content of 21.3 wt%);
polyethyelene or parrafin wax ([0035]-[0036]);
one or more metal salts, and wherein the one or more metal salts are selected from the group consisting of metal alginates, metal benzoates, metal cinnamates, metal cycloheptanecarboxylates, metal levulinates, metal propanoates, metal stearates, and metal undecanoates, wherein the composition has a metal salt content of between 0.1 percent and 10 percent by weight ([0035]-[0036], Calcium stearate (metal stearate) may be added to the composition as a filler; and Claims 2, 8-9, the composition further includes a supplement additive, and the supplement additive is contained in an amount of less than 10 parts by weight with respect to 100 parts by weight of the starch and includes at least one selected from the group consisting of wax, polybutene, oil, filler, and an antioxidant; and [0008], the starch is contained in an amount of 25 to 55 weight % with respect to the total weight of the composition. Based on the cited weight of the supplemental additive (filler, calcium stearate, metal salt) relative to the starch, the composition may have a metal salt content of 2.5% to 5.5% by weight),
one or more plasticizers, wherein the hot-melt adhesive composition has a plasticizer content of greater than or equal to 10 percent by weight, and wherein the one or more plasticizers comprises one or more aerosol formers ([0008], there is provided starch-based hot melt adhesive comprised of a composition including starch, a thermoplastic polymer, a tackifier, a plasticizer, and an adhesion promoter. Herein, the starch is contained in an amount of 25 to 55 weight % with respect to the total weight of the composition. The plasticizer is contained in an amount of 10 to 40 parts by weight with respect to 100 parts by weight of the starch. [0020], The plasticizer according to the present invention is not specifically limited in kind and may include, for example, at least one selected from the group consisting of sorbitol, ethylene glycol, glycerin, glycerin diacetate, and pentaerythritol. Glycerin and sorbitol are known aerosol formers (see instant specification, pg 21, ln 7-22). Based on the cited weight of the plasticizer relative to the starch, the composition may have a plasticizer content of 2.5% to 22% by weight; see also [0059], Table 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the hot-melt adhesive composition taught by Jeon to form the barrier taught by Liu because Liu and Jeon are directed to hot-melt adhesives, Liu states that the barrier may comprise a polyethylene hot-melt adhesive or a parrafin wax (Liu, pg 6, ln 235-237) but does not provide a specific composition, Jeon discloses a hot-melt adhesive composition comprising a polyethylene or parrafin wax (Jeon, [0035]-[0036]), Jeon states that its hot-melt adhesive composition has eco-friendly characteristics by including starch as a major constituent (Jeon, [0005]), and this involves substituting one holt-melt adhesive composition with another to yield predictable results.
With respect to ii), Claim 16 is directed to an aerosol generating article, and recites the limitation “wherein the vaporisable barrier is configured to be vaporised during a first heating cycle of the aerosol-generating article during first use of the aerosol-generating article in the aerosol-generating system, such that substantially all of a material of the vaporisable barrier enters the vapor phase during the first heating cycle”. The patentability of a product or an apparatus does not depend on the manner in which a claimed apparatus is intended to be used. See MPEP 2114 II. Because Liu in view of Jeon teaches an aerosol generating article which reads on the compositional and structural limitations of Claim 16, wherein the one or more polymers comprise polyethylene as recited in Claims 24-25 (Jeon, [0035]-[0036]), and further comprising starch as recited in Claim 26 (Jeon, [0008]), the aerosol generating article taught by Liu in view of Jeon is structurally and compositionally equivalent to the claimed aerosol generating article. Therefore, the barrier taught by Liu in view of Jeon would be necessarily capable of performing the claimed function.
The ranges for the polymer content, the metal salt content, the plasticizer content 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 17, Liu in view of Jeon teaches the aerosol-generating article according to claim 16. Jeon further teaches the article wherein the vaporisable barrier further comprises one or more metal stearates ([0035]-[0036], Calcium stearate (metal stearate) may be added to the composition as a filler).
Regarding Claim 18, Liu in view of Jeon teaches the aerosol-generating article according to claim 14. Jeon further teaches the article wherein the vaporisable barrier is thermally degradable when heated to a temperature of between 60 degrees Celsius and 300 degrees Celsius ([0038], a melting temperature is not specifically limited, and the hot melt adhesive can be melted at 110 to 200 degrees Celsius. The term “thermally degradable” refers to the point at which a composition begins to melt when heated (see instant specification, pg 4, ln 31-32)).
Regarding Claim 19, Liu in view of Jeon teaches the aerosol-generating article according to claim 18. Jeon further teaches the article wherein the vaporisable barrier further comprises a material that is vaporisable when heated to a temperature of between 180 degrees Celsius and 300 degrees Celsius ([0020], The hot melt adhesive composition comprises a plasticizer, which may be pentaerythritol. Pentaerythritol is vaporisable when heated to a temperature of 276 degrees Celsius; see Yanagawa, [0057]).
Regarding Claim 20, Liu in view of Jeon teaches the aerosol-generating article according to claim 16. Jeon further teaches the article wherein the vaporisable barrier is thermally degradable when heated to a temperature of between 60 degrees Celsius and 300 degrees Celsius ([0038], a melting temperature is not specifically limited, and the hot melt adhesive can be melted at 110 to 200 degrees Celsius. The term “thermally degradable” refers to the point at which a composition begins to melt when heated (see instant specification, pg 4, ln 31-32)).
Regarding Claim 21, Liu in view of Jeon teaches the aerosol-generating article according to claim 20. Jeon further teaches the article wherein the vaporisable barrier further comprises a material that is vaporisable when heated to a temperature of between 180 degrees Celsius and 300 degrees Celsius ([0020], The hot melt adhesive composition comprises a plasticizer, which may be pentaerythritol. Pentaerythritol is vaporisable when heated to a temperature of 276 degrees Celsius; see Yanagawa, [0057]).
Regarding Claim 22, Liu in view of Jeon teaches the aerosol-generating article according to claim 14. Jeon further teaches the article wherein the vaporisable barrier has a polymer content of between about 5 percent by weight and about 40 percent by weight ([0008], there is provided starch-based hot melt adhesive comprised of a composition including starch, a thermoplastic polymer, a tackifier, a plasticizer, and an adhesion promoter. Herein, the starch is contained in an amount of 25 to 55 weight % with respect to the total weight of the composition. Further, the thermoplastic polymer is contained in an amount of 20 to 150 parts by weight with respect to 100 parts by weight of the starch. [0049], Table 1; Manufacturing Example 1 comprises 214 g of a thermoplastic polymer in a 1002 g mixture to yield a composition having a polymer content of 21.3 wt%).
Regarding Claim 23, Liu in view of Jeon teaches the aerosol-generating article according to claim 16. Jeon further teaches the article wherein the vaporisable barrier has a polymer content of between about 5 percent by weight and about 40 percent by weight ([0008], there is provided starch-based hot melt adhesive comprised of a composition including starch, a thermoplastic polymer, a tackifier, a plasticizer, and an adhesion promoter. Herein, the starch is contained in an amount of 25 to 55 weight % with respect to the total weight of the composition. Further, the thermoplastic polymer is contained in an amount of 20 to 150 parts by weight with respect to 100 parts by weight of the starch. [0049], Table 1; Manufacturing Example 1 comprises 214 g of a thermoplastic polymer in a 1002 g mixture to yield a composition having a polymer content of 21.3 wt%).
Regarding Claim 24, Liu in view of Jeon teaches the aerosol-generating article according to claim 14. Jeon further teaches the article wherein the one or more polymers are selected from the group consisting of: polyvinyl acetate, polyvinyl alcohol, polyethylene glycol, polyglycolic acid, polylactic acid, polydioxanone, polycaprolactone, polyethylene, polypropylene glycol, low density polyethylene, and starch ([0008], the thermoplastic polymer is contained in an amount of 20 to 150 parts by weight with respect to 100 parts by weight of the starch and includes at least one selected from the group consisting of an Ethylene Vinyl Acetate (EVA) copolymer, polyvinyl acetate, polyvinyl alcohol, an ethylene-acrylic acid copolymer, and an ethylene-methacrylic acid copolymer).
Regarding Claim 25, Liu in view of Jeon teaches the aerosol-generating article according to claim 16. Jeon further teaches the article wherein the one or more polymers are selected from the group consisting of: polyvinyl acetate, polyvinyl alcohol, polyethylene glycol, polyglycolic acid, polylactic acid, polydioxanone, polycaprolactone, polyethylene, polypropylene glycol, low density polyethylene, and starch ([0008], the thermoplastic polymer is contained in an amount of 20 to 150 parts by weight with respect to 100 parts by weight of the starch and includes at least one selected from the group consisting of an Ethylene Vinyl Acetate (EVA) copolymer, polyvinyl acetate, polyvinyl alcohol, an ethylene-acrylic acid copolymer, and an ethylene-methacrylic acid copolymer).
Regarding Claim 26, Liu in view of Jeon teaches the aerosol-generating article according to claim 16. Jeon further teaches the article wherein the vaporisable barrier further comprises starch ([0008]).
Regarding Claim 27, Liu in view of Jeon teaches the aerosol-generating article according to claim 14. Liu further teaches the article wherein the vaporisable barrier is mechanically fixed to a liquid-side of a component of the aerosol- generating article (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Atomizer assembly 3 is a component of the atomizer (the aerosol generating article). Hot-melt sealing structure 221 is mechanically fixed to the upper surface of atomizer assembly 3 because they are retained in direct contact with each other as shown in Figs. 1A-1B. The upper surface of atomizer assembly 3 is the liquid side because the upper surface faces oil storage chamber 2, wherein smoke oil (liquid) flows downward from oil storage chamber 2 to be heated and atomized by atomizer assembly 3).
Regarding Claim 28, Liu in view of Jeon teaches the aerosol-generating article according to claim 16. Liu further teaches the article wherein the vaporisable barrier is mechanically fixed to a liquid-side of a component of the aerosol-generating article (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Atomizer assembly 3 is a component of the atomizer (the aerosol generating article). Hot-melt sealing structure 221 is mechanically fixed to the upper surface of atomizer assembly 3 because they are retained in direct contact with each other as shown in Figs. 1A-1B. The upper surface of atomizer assembly 3 is the liquid side because the upper surface faces oil storage chamber 2, wherein smoke oil (liquid) flows downward from oil storage chamber 2 to be heated and atomized by atomizer assembly 3).
Regarding Claim 29, Liu in view of Jeon teaches the aerosol-generating article according to claim 14. Liu further teaches the article wherein the vaporisable barrier is formed on a component of the aerosol-generating article (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Hot-melt sealing structure 221 may be adhered to a side wall of seal 22 close to atomizer assembly 3).
Regarding Claim 30, Liu in view of Jeon teaches the aerosol-generating article according to claim 27. Liu further teaches the article wherein the component of the aerosol-generating article is a heater or a wicking material (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Atomizer assembly 3 is configured to heat and atomize smoke oil).
Regarding Claim 31, Liu teaches an aerosol-generating system (pg 4, ln 164 – pg 5, ln 171; Figs. 1A, 1B; The atomizer as shown in Fig. 1 is used to form an electronic cigarette with a battery rod. The atomizer is an article configured to heat and atomize a smoke oil to form an aerosol. The atomizer is therefore an aerosol-generating article, and the electronic cigarette is an aerosol-generating system), comprising:
an aerosol-generating article according to claim 14 (pg 4, ln 164 – pg 5, ln 171; Figs. 1A, 1B; The atomizer as shown in Fig. 1 has been modified in view of Baumert and Cheung to meet the limitations of Claim 14); and
an aerosol-generating device (pg 4, ln 164 – pg 5, ln 171, pg 7, ln 261-263, pg 8, ln 320-329; Figs. 1A, 1B, 6; The electronic cigarette (aerosol generating system) comprises a battery rod as shown in Fig. 6. The atomizer comprises atomizer assembly 3 including a first electrode 4 and a second electrode 5 for electrical connection to the battery rod. Atomizer assembly 3 generates an aerosol by heating and atomizing a smoke oil when supplied power from the battery rod, and therefore, the battery rod is an aerosol-generating device).
Regarding Claim 32, Liu, directed to hot-melt adhesives (pg 6, ln 235-237), teaches a method of manufacturing an aerosol-generating article (pg 4, ln 164 – pg 5, ln 171; Figs. 1A, 1B; Liu provides an atomizer as shown in Fig. 1 is an article configured to heat and atomize a smoke oil to form an aerosol. The atomizer is therefore an aerosol generating article. The method as claimed comprises providing an aerosol generating article, and therefore the step of providing the aerosol generating article forms a method), the method comprising:
providing an aerosol generating article (pg 4, ln 164 – pg 5, ln 171; Figs. 1A, 1B; The atomizer as shown in Fig. 1 is an article configured to heat and atomize a smoke oil to form an aerosol) comprising:
a storage portion (pg 4, ln 164 – pg 5, ln 171; Figs. 1A, 1B; The atomizer comprises an oil storage mechanism 2 having an outlet at its bottom which is sealed by hot-melt sealing structure 221),
an aerosol-forming substrate (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Smoke oil is contained within the oil storage chamber 21 of oil storage mechanism 2. Smoke oil is heated and atomized by atomizer assembly to generate an aerosol),
the aerosol-forming substrate being contained within the storage portion (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Smoke oil is contained within the oil storage chamber 21 of oil storage mechanism 2),
a heater configured to heat the aerosol-forming substrate (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; The atomizer comprises atomizer assembly 3 configured to heat the smoke oil); and
providing a barrier between the storage portion and the heater (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Hot-melt sealing structure 221 is provided to seal the outlet at the bottom of oil storage mechanism 2. Hot-melt sealing structure 221 is provided between oil storage mechanism and atomizer assembly 3 such that the hot-melt sealing structure 221 is heated and melts when atomizer assembly 3 is powered on. Therefore, hot-melt sealing structure 221 reads on the barrier),
wherein the barrier comprises one or more polymers (pg 6, ln 235-237; Fig. 1B; Hot-melt sealing structure 221 comprises one or more polymers including polyethylene, polypropylene, or polyurethane),
wherein the barrier has a polymer content of greater than or equal to 1 percent by weight (pg 6, ln 235-237; Fig. 1B; If hot-melt sealing structure 221 comprises polyethylene hot melt adhesive, it is reasonably understood that hot-melt sealing structure 221 has a polymer content of greater than or equal to 1 percent by weight),
wherein the barrier is configured to be melted during a first heating cycle of the aerosol-generating article during first use of the aerosol-generating article in the aerosol-generating system (pg 4, ln 164 – pg 5, ln 172; Figs. 1A, 1B; Hot-melt sealing structure 221 is provided next to atomizer assembly 3 such that the hot-melt sealing structure 221 is heated and melts when atomizer assembly 3 is powered on. When hot-melt sealing structure 221 melts, the smoke oil circulation channel is open such that smoke oil may flow from oil storage mechanism may flow to atomizer assembly 3 for atomization. Therefore, it is reasonably understood that the hot-melt sealing structure melts during a first heating cycle of the aerosol-generating article during first use of the aerosol-generating article in the aerosol-generating system),
but does not teach the method i) wherein the barrier further comprises one or more metal salts, wherein the one or more metal salts are selected from the group consisting of metal alginates, metal benzoates, metal cinnamates, metal cycloheptanecarboxylates, metal levulinates, metal propanoates, metal stearates, and metal undecanoates, wherein the barrier has a metal salt content of between 0.1 percent and 10 percent by weight, wherein the vaporisable barrier further comprises one or more plasticizers, wherein the vaporisable barrier has a plasticizer content of greater than or equal to 10 percent by weight, and wherein the one or more plasticizers comprises one or more aerosol formers, and ii) wherein the barrier is a vaporisable barrier configured to be vaporised during a first heating cycle of the aerosol-generating article during first use of the aerosol-generating article in the aerosol-generating system, such that substantially all of a material of the vaporisable barrier enters the vapor phase during the first heating cycle.
With respect to i), Jeon, directed to hot melt adhesives ([0001]), teaches a hot-melt adhesive composition ([0008], there is provided starch-based hot melt adhesive) comprising:
one or more polymers, wherein the composition has a polymer content of greater than or equal to 1 percent by weight ([0008], there is provided starch-based hot melt adhesive comprised of a composition including starch, a thermoplastic polymer, a tackifier, a plasticizer, and an adhesion promoter. Herein, the starch is contained in an amount of 25 to 55 weight % with respect to the total weight of the composition. Further, the thermoplastic polymer is contained in an amount of 20 to 150 parts by weight with respect to 100 parts by weight of the starch. Therefore, there must be embodiments of the invention hot melt adhesive composition must have a thermoplastic polymer content greater than or equal to 1 percent by weight; see also [0049], Table 1; Manufacturing Example 1 comprises 214 g of a thermoplastic polymer in a 1002 g mixture to yield a composition having a polymer content of 21.3 wt%);
polyethyelene or parrafin wax ([0035]-[0036]);
one or more metal salts, and wherein the one or more metal salts are selected from the group consisting of metal alginates, metal benzoates, metal cinnamates, metal cycloheptanecarboxylates, metal levulinates, metal propanoates, metal stearates, and metal undecanoates, wherein the composition has a metal salt content of between 0.1 percent and 10 percent by weight ([0035]-[0036], Calcium stearate (metal stearate) may be added to the composition as a filler; and Claims 2, 8-9, the composition further includes a supplement additive, and the supplement additive is contained in an amount of less than 10 parts by weight with respect to 100 parts by weight of the starch and includes at least one selected from the group consisting of wax, polybutene, oil, filler, and an antioxidant; and [0008], the starch is contained in an amount of 25 to 55 weight % with respect to the total weight of the composition. Based on the cited weight of the supplemental additive (filler, calcium stearate, metal salt) relative to the starch, the composition may have a metal salt content of 2.5% to 5.5% by weight),
one or more plasticizers, wherein the hot-melt adhesive composition has a plasticizer content of greater than or equal to 10 percent by weight, and wherein the one or more plasticizers comprises one or more aerosol formers ([0008], there is provided starch-based hot melt adhesive comprised of a composition including starch, a thermoplastic polymer, a tackifier, a plasticizer, and an adhesion promoter. Herein, the starch is contained in an amount of 25 to 55 weight % with respect to the total weight of the composition. The plasticizer is contained in an amount of 10 to 40 parts by weight with respect to 100 parts by weight of the starch. [0020], The plasticizer according to the present invention is not specifically limited in kind and may include, for example, at least one selected from the group consisting of sorbitol, ethylene glycol, glycerin, glycerin diacetate, and pentaerythritol. Glycerin and sorbitol are known aerosol formers (see instant specification, pg 21, ln 7-22). Based on the cited weight of the plasticizer relative to the starch, the composition may have a plasticizer content of 2.5% to 22% by weight; see also [0059], Table 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the hot-melt adhesive composition taught by Jeon to form the barrier taught by Liu because Liu and Jeon are directed to hot-melt adhesives, Liu states that the barrier may comprise a polyethylene hot-melt adhesive or a parrafin wax (Liu, pg 6, ln 235-237) but does not provide a specific composition, Jeon discloses a hot-melt adhesive composition comprising a polyethylene or parrafin wax (Jeon, [0035]-[0036]), Jeon states that its hot-melt adhesive composition has eco-friendly characteristics by including starch as a major constituent (Jeon, [0005]), and this involves substituting one holt-melt adhesive composition with another to yield predictable results.
With respect to ii), Claim 32 is directed to method of manufacturing an aerosol generating article, and recites the limitation “wherein the vaporisable barrier is configured to be vaporised during a first heating cycle of the aerosol-generating article during first use of the aerosol-generating article in the aerosol-generating system, such that substantially all of a material of the vaporisable barrier enters the vapor phase during the first heating cycle”. The patentability of a process for manufacturing a product or an apparatus does not depend on the manner in which a claimed apparatus is intended to be used. See MPEP 2114 II. Because Liu in view of Jeon teaches an aerosol generating article which reads on the compositional and structural limitations of Claim 16 and 32, wherein the one or more polymers comprise polyethylene as recited in Claims 24-25 (Jeon, [0035]-[0036]), and further comprising starch as recited in Claim 26 (Jeon, [0008]), the aerosol generating article taught by Liu in view of Jeon is structurally and compositionally equivalent to the claimed aerosol generating article. Therefore, the barrier taught by Liu in view of Jeon would be necessarily capable of performing the claimed function.
The ranges for the polymer content, the metal salt content, the plasticizer content 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 33, Liu in view of Jeon teaches the method according to claim 32. Jeon further teaches the method wherein the vaporisable barrier further comprises one or more metal stearates ([0035]-[0036], Calcium stearate (metal stearate) may be added to the composition as a filler).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached on (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/J.M.M./
Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
Prosecution Insights