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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 10-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ruscio et al (US. Pat. App. Pub. 2021/0112878).
Regarding independent claim 10, and dependent claim 12-13, Ruscio et al discloses an aerosol-generating system which includes an aerosol-generating device (102) having a heating chamber (106) (read: aerosol generating chamber) configured to heat an aerosol-forming substrate (see abstract) (corresponding to the claimed “[a]n aerosol generation device”).
The heating chamber (106) is comprised of a cylindrical side wall (108) (read: loading channel) having first and second (opposing) side openings (118a, 118b) (read: loading port) to enable a residue collector (1) (read: consumable) to be inserted and removed from either side of the device (102). In particular, a first residue collector (1) positioned within the heating chamber (106), which was inserted through the first side opening (118a) may be removed from the heating chamber (106) through the first side opening (118a) by being pushed back out the first side opening (118a) by a second residue collector (1’) being inserted through the second side opening (118b) as shown in Figs. 5a-c (see abstract and paras. (0095)-[0097]) (corresponding to the claimed “an aerosol generation chamber configured to receive a consumable comprising a portion of aerosol generating substrate; and a loading channel extending through the aerosol generation device and intersecting with the aerosol generation chamber, wherein the loading channel comprises a loading port at one end through which a consumable is configured to be pushed into the loading channel towards the aerosol generation chamber, and the loading channel is configured to hold a plurality of consumable pushed along the loading channel by addition of a further consumable at the loading port re pushed into the loading port”; the “wherein the loading channel comprises an unloading port at an end of the loading channel opposed to the loading port, wherein pushing an additional consumable into the loading port pushes a previous consumable out of the unloading port” recitation of claim 12; and the “wherein the loading port and the unloading port are similar such that the consumable is configured to be pushed into the loading channel via either the loading port of the unloading port” recitation of claim 13).
Regarding claim 11, Ruscio et al discloses that projecting elements (15’) abut the base portion (132) of the heater (130). As such, during removal of the residue collector (1) from the heating chamber (106) of the device (102), the ends of the projecting elements (15’) are drawn against the base portion of the heater (130) which allows the projecting elements (15’) to wipe clean residue from the base portion (132) of the heater (130) during removal (see para. [0093]) These projecting elements may also serve as “sealing members” which would also function to inhibit air flow along the cylindrical wall (108) (corresponding to the claimed “further comprising a sealing member for inhibiting air flow along the loading channel when a consumable is received in the aerosol generation chamber”).
Regarding claim 14, a cylindrical extractor (120) (read: elongate body) is removably receivable over the cylindrical side wall (108) (read: loading channel), the distal end of which serving as a mouth end (read: mouthpiece) of the aerosol-generating article, from which air is drawn into the device (102) and into the heating chamber (106) for inhalation by the user (see paras. [0067],[0074]) (corresponding to the claimed “further comprising an elongate body and a mouthpiece arranged at one end of the elongate body, wherein the loading channel is arranged along the elongate body”).
Hence, the Ruscio et al reference anticipates each of the elements of the above-referenced claims.
Allowable Subject Matter
Claims 1-9 are allowed. The following is a statement of reasons for the indication of allowable subject matter:
-the Examiner is convinced by Applicant’s arguments in light of the amended claims that the prior art of record fails to teach or reasonably suggest the claimed combination of structural elements for its aerosol generating system, particularly the “heating element configured to heat the portion of aerosol generating substrate (provided on the consumable) in the aerosol generation chamber”. As such, the claims are allowable.
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is a statement of reasons for the indication of allowable subject matter:
-the Examiner is convinced that the prior art of record neither teaches nor reasonably suggests an aerosol generation system comprising the claimed structural elements including a driver (for pushing a plurality of consumables in the loading chamber).
Response to Arguments
Applicant’s arguments, see “Remarks”, filed March 2, 2026, with respect to the rejection of the instant claims under 35 USC 102 as being anticipated by Ruscio al have been fully considered and are persuasive as it pertains to claims 1-9. Therefore, the prior art rejection has been withdrawn for these claims. However, the rejection of claims 10-14 over the same reference is still being maintained, as presented above, because it is believed to still be proper. Applicant objects because of the following:
-It submits that the Ruscio et al device can only hold a single residue collector (alleged consumable) in the alleged loading channel, but the Examiner submits that, as clearly shown in Fig. 5b, of Ruscio et al, the loading channel is capable of holding two (read: a plurality) residue collectors, albeit neither of the collectors lie entirely within the loading channel. Note that the latter is not a requirement of independent claim 10. In other words, the claim does not recite “the loading channel is configured to hold a plurality of consumables in their entirety...”. As such, the Ruscio et al reference is readable upon at least this aspect of the independent claim 10. Furthermore, Applicant asserts that the alleged loading channel does not intersect with the alleged aerosol generation chamber, as recited in independent claim 10. However, again, as clearly evident in Fig. 5b, this is not the case. Further, Ruscio et al states that “the residue collector 1 (read: consumable) is inserted into the heating chamber 106 (read: aerosol generation chamber) of the device 102 through the side opening 118 (read: loading port) in the cylindrical side wall 108 (read: loading channel)” (para. [0085], annotations added). Both Figure 5b, and the above further written disclosure make it clear that the cylindrical side wall at the location of the side opening of Ruscio does intersect with the lowermost portion of its heating chamber. As such, the Ruscio et al reference is also readable upon this aspect of the independent claim rendering the current rejection of instant claims 10-14 proper.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIONNE WALLS MAYES whose telephone number is (571)272-5836. The examiner can normally be reached Mondays and Thursdays, 8:00AM - 4:00PM (EST).
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/DIONNE W. MAYES/Primary Examiner, Art Unit 1747