DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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.
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/28/2026 has been entered.
Status of the Claims
Claims 15-16, 18-27, and 29 are pending. Claims 15 and 29 have been amended.
Response to Arguments
Applicant's arguments filed 9/28/2026 have been fully considered but they are not persuasive.
Applicant argues (Remarks, Page 6) that “when Cameron is read as a whole” the formulation does not contain propylene glycol. This argument is not persuasive as Cameron discloses using propylene glycol (“the vaporizable liquid composition comprises less than about 95 wt. % of propylene glycol”, ¶ 0049).
Applicant further argues (Remarks, Pages 7-9) that the prior art does not disclose the newly added limitations to claim 15 because “[t]he only component of Fariss that is soaked in the formulation may be the valve 40”, and this valve is not a capillary material, as required by the newly added limitations. This argument is not persuasive as Fariss discloses that the reservoir contains cotton (“reservoir 14 include[s] . . . cotton”, ¶ 0040) which is a capillary material (“a capillary material, such as cotton”, ¶ 0143 of Strophair et al., US 2024/0245113 A1) which is soaked in the formulation (“the reservoir 14 is configured to hold one or more pre-vapor formulations”, ¶ 0041 of Farris).
Claim Objections
Claims 16, 18-27, and 29 are objected to because of the following informalities:
In claims 16 and 18-27, "The formulation according to" should be "The aerosol-generating article according to" (to align with claim 15, from which claims 16 and 18-27 depend);
In claim 29, "atomiser" should be "atomizer" (to align with claim 15, from which claim 29 depends).
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claims 15-16, 20-27, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Fariss et al. (US 2018/0220697 A1) in view of Fuisz et al. (US 2018/0199618 A1) and Cameron (US 2017/0119040 A1), as evidenced by Strophair et al. (US 2024/0245113 A1).
Regarding claim 15, Fariss discloses an aerosol-generating article (“cartridge 70”, Fig. 2, ¶ 0039) for an aerosol-generating system (“e-vaping device 60”, Fig. 2, ¶ 0038), the aerosol-generating article comprising:
a housing (outer shell of “reservoir 14”, Fig. 2, ¶ 0040) defining a reservoir (inner cavity of “reservoir 14”, ¶ 0040), the reservoir containing a capillary material (“reservoir 14 include[s] . . . cotton”, ¶ 0040 of Fariss, which is a capillary material, as evidenced by Strophair, “a capillary material, such as cotton”, ¶ 0143 of Strophair) soaked in a formulation (“the reservoir 14 is configured to hold one or more pre-vapor formulations”, ¶ 0041); and
an atomizer (“capillary tube 18”, Fig. 2, “pre-vapor formulation present in the capillary tube 18 is heated to a temperature sufficient to at least partially volatilize pre-vapor formulation in the capillary tube 18”, ¶ 0044);
wherein the capillary material is positioned adjacent the atomizer (see Fig. 2);
wherein the formulation comprises:
one or more aerosol formers (“vapor former”, ¶ 0069);
one or more metal salts (“salt solution”, ¶ 0070, 0074); and
one or more polymeric thickening agents (“polyethylene glycol (PEG) compound”, ¶ 0070, 0076),
wherein the formulation has a polymeric thickening agent content of greater than or equal to about 0.5 percent by weight (“the polyethylene glycol compound may be included in the pre-vapor formulation in a concentration that is greater than about 0% and is equal to or less than about 50% by weight based on the weight of the pre-vapor formulation”, ¶ 0077; the range greater than about 0 percent and equal to or less than about 50 percent by weight overlaps the claimed range of greater than or equal to about 0.5 percent by weight, see MPEP § 2144.05(I)), and
wherein the formulation has an aerosol former content of greater than 70 percent by weight (“the vapor former is included in an amount ranging from about 40% by weight based on the weight of the pre-vapor formulation to about 90% by weight based on the weight of the pre-vapor formulation”, ¶ 0088; the range about 40 percent to about 90 percent by weight overlaps the claimed range of greater than 70 percent by weight, see MPEP § 2144.05(I)).
However, Fariss does not disclose wherein the one or more metal salts include one or more metal stearates.
Fuisz, in the same field of endeavor, teaches including sodium stearate (“sodium stearate”, ¶ 0075) in a formulation for an aerosol-generating system (“compositions suitable for use in a vaporizer”, abstract). Fuisz also teaches a benefit of including surfactants such as sodium stearate in that they promote mixing (¶ 0075). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the formulation taught by Fariss to include sodium stearate, as taught by Fuisz, in order to obtain this benefit.
While Fariss does disclose one or more polymeric thickening agents consisting of polyethylene glycol (“polyethylene glycol”, ¶ 0076), Fariss does not disclose that the one or more polymeric thickening agents is selected from the group consisting of: polyvinyl alcohol, polypropylene glvcol, and starch.
Cameron, in the same field of endeavor, teaches including polyvinyl alcohol as an alternative to polyethylene glycol (“polyvinyl alcohol” or “polyethylene glycol”, ¶ 0087) in a formulation for an aerosol-generating system (“vaporizable liquid composition”, ¶ 0087). Further, Cameron teaches that polyvinyl alcohol and polyethylene glycol function as a stabilizer (“stabilizer”, ¶ 0087 of Cameron), which is the same function that Fariss teaches for polyethylene glycol (“increase the stability”, ¶ 0080 of Fariss). Because Cameron teaches the interchangeability of polyvinyl alcohol and polyethylene glycol, one of ordinary skill in the art would have understood that substitution of polyvinyl alcohol in place of polyethylene glycol would predictably provide the same result of stabilizing the formulation. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have substituted the polyvinyl alcohol stabilizer taught by Cameron in place of the polyethylene glycol stabilizer taught by Fariss (see MPEP § 2143(I)(B)).
Regarding claim 16, Fariss in view of Fuisz and Cameron teaches the aerosol-generating article according to claim 15, as stated above. Fariss further discloses wherein the formulation has a polymeric thickening agent content of between about 5 percent by weight and about 20 percent by weight (“the polyethylene glycol compound may be included in the pre-vapor formulation in a concentration that is greater than about 0% and is equal to or less than about 50% by weight based on the weight of the pre-vapor formulation”, ¶ 0077; the range greater than about 0 percent and equal to or less than about 50 percent by weight overlaps the claimed range of between about 5 percent by weight and about 20 percent by weight, see MPEP § 2144.05(I)).
Regarding claim 20, Fariss in view of Fuisz and Cameron teaches the aerosol-generating article according to claim 15, as stated above. Fuisz further discloses wherein the formulation has a metal stearate content of greater than or equal to about 0.5 percent (“Surfactants may comprise 0.01% to 5%”, ¶ 0075; the range 0.01 percent to 5 percent overlaps the claimed range of greater than or equal to about 0.5 percent, see MPEP § 2144.05(I)).
Regarding claim 21, Fariss in view of Fuisz and Cameron teaches the aerosol-generating article according to claim 15, as stated above. Fuisz further discloses wherein the one or more metal stearates comprise sodium stearate (“sodium stearate”, ¶ 0075).
Regarding claim 22, Fariss in view of Fuisz and Cameron teaches the aerosol-generating article according to claim 15, as stated above. Fariss further discloses wherein the one or more aerosol formers comprise glycerine (“glycerin”, ¶ 0069).
Regarding claim 23, Fariss in view of Fuisz and Cameron teaches the aerosol-generating article according to claim 22, as stated above. Fariss further discloses wherein the one or more aerosol formers comprise glycerine and propylene glycol (“glycerin” and “propylene glycol”, ¶ 0069).
Regarding claim 24, Fariss in view of Fuisz and Cameron teaches the aerosol-generating article according to claim 23, as stated above. Fariss further discloses wherein a ratio of the weight percent glycerine content to the weight percent propylene glycol content of the formulation is greater than or equal to about 1.5 (“the ratio of propylene glycol and glycerin may be substantially 2:3 and 3:7”, which corresponds to a ratio of glycerine to propylene glycol of substantially 3:2 = 1.5 and 7:3 = 2.33, substantially 1.5 and 2.33 are included in the claimed range of greater than or equal to about 1.5, see MPEP § 2131.03).
Regarding claim 25, Fariss in view of Fuisz and Cameron teaches the aerosol-generating article according to claim 15, as stated above. Fariss further discloses wherein the formulation has an aerosol former content of greater than or equal to about 80 percent by weight (“the vapor former is included in an amount ranging from about 40% by weight based on the weight of the pre-vapor formulation to about 90% by weight based on the weight of the pre-vapor formulation”, ¶ 0088; the range about 40 percent to about 90 percent by weight overlaps the claimed range of greater than or equal to about 80 percent by weight, see MPEP § 2144.05(I)).
Regarding claim 26, Fariss in view of Fuisz and Cameron teaches the aerosol-generating article according to claim 15, as stated above. Fariss also discloses the formulation further comprising water (“water”, ¶ 0069).
Regarding claim 27, Fariss in view of Fuisz and Cameron teaches the aerosol-generating article according to claim 15, as stated above. Fariss further discloses wherein the formulation has a water content of less than or equal to about 30 percent by weight (“Water can be included in an amount ranging from about 5% by weight based on the weight of the pre-vapor formulation to about 40% by weight based on the weight of the pre-vapor formulation”, ¶ 0089, the range about 5 percent to about 40 percent by weight overlaps the claimed range of less than or equal to about 30 percent by weight, see MPEP § 2144.05(I)).
Regarding claim 29, Fariss in view of Fuisz and Cameron teaches the aerosol-generating article according to claim 15, as stated above. Fariss further discloses wherein the atomizer is configured to generate an aerosol from the formulation (“pre-vapor formulation present in the capillary tube 18 is heated to a temperature sufficient to at least partially volatilize pre-vapor formulation in the capillary tube 18”, ¶ 0044)
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Fariss et al. (US 2018/0220697 A1) in view of Fuisz et al. (US 2018/0199618 A1) and Cameron (US 2017/0119040 A1) as applied to claim 15 above, and further in view of Sakurai et al. (US 2021/0120867 A1).
Regarding claim 18, Fariss in view of Fuisz and Cameron teaches the aerosol-generating article according to claim 15, as stated above. However, Fariss does not disclose the formulation further comprising one or more metal salts selected from the group consisting of: metal alginates, metal benzoates, metal cinnamates, metal cycloheptanecarboxylates, metal levulinates, metal propanoates, and metal undecanoates.
Sakurai, in the same field of endeavor, teaches including a metal undecanoate (“sodium 4-hydroxyundecanoate”, ¶ 0076) in a formulation for an aerosol-generating system (“filler 11” volatilized by “electric heating device 20”, ¶ 0085). Sakurai further teaches a benefit to including the metal undecanoate in the formulation in that it imparts favorable flavor and taste (¶ 0076). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the formulation taught by Fariss to include the metal undecanoate taught by Sakurai in order to obtain this benefit.
Regarding claim 19, Fariss in view of Fuisz, Cameron, and Sakurai teaches the aerosol-generating article according to claim 18, as stated above. Sakurai further discloses wherein the one or more metal salts are selected from the group consisting of metal cinnamates, metal cycloheptanecarboxylates, and metal undecanoates (“sodium 4-hydroxyundecanoate”, ¶ 0076).
Conclusion
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/COURTNEY G CULBERT/Examiner, Art Unit 1747
