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 § 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.
Claim(s) 1-6 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sook et al. (KR 10-2019-0049135) in view of Sugyo et al. (US Pub. No. 20190274349).
Regarding claim 1, Sook discloses an aerosol-generating article comprising: a cigarette rod (10, fig. 1), having a cavity segment (by reference sign 21, fig. 2) filled with tobacco granules; and a filter rod (11, fig. 1) positioned downstream of the cigarette rod, wherein the cigarette rod comprises a flavoring source.
Sook discloses the cavity segment comprises a flavoring source mixed with the tobacco granules (by reference sign 21, fig. 2 and see documents) but Sook does not expressly disclose the flavoring source includes a flavoring sheet. Sugyo discloses a flavoring sheet can be used as a flavoring source in an aerosol-generating article.
Sugyo also discloses the flavoring sheet preferably comprises 10% to 35% parts by weight of polysaccharide material (such as gum) (claims 8-9) and up to 18 parts by weight of flavoring (such as menthol [0033] and claim 6) overlapping with the claimed ranges. In case of overlapping ranges, it would have been obvious to one of ordinary skill in the art at the time the invention was made to pick the claimed range.
Sugyo discloses the flavor component can be menthol [0033] within the claimed melting point of 80 degree C or less.
Regarding claim 2, Sook discloses cigarette rod comprises a filter segment and a cavity segment (21, fig. 2), and a flavoring source is included in at least one of the filter segment and the cavity segment (see fig. 2).
Regarding claim 3, Sook discloses the filter segment comprises a first filter segment (22, fig. 2) and a second filter segment (20, fig. 2), the first filter segment is positioned downstream of the cavity segment, the second filter segment is positioned upstream of the cavity segment, and the cavity segment is formed by the first filter segment and the second filter segment (see fig. 2).
Regarding claim 4, Sook discloses the filter rod comprises a cooling segment (32, fig. 3) and a mouthpiece segment (by reference sign 33, fig. 3).
Regarding claim 5, Sook discloses the flavoring source is flavor-containing granules (see document).
Regarding claim 6, Sook discloses the cavity segment comprises a flavor-containing granules (see document).
Regarding claim 12, Sugyo also discloses the flavoring sheet preferably comprises:
0.6 parts by weight of plasticizer (such as glycerin [0372]) within the claimed range,
3 to 6 parts by weight of moisture [0050] within the claimed range.
Regarding claim 13, Sook discloses the tobacco granules have a heating temperature of 120 degree C to 220 degree C (see document) within the claimed range.
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sook et al. (KR 10-2019-0049135) in view of Sugyo et al. (US Pub. No. 20190274349) and further in view of Yang et al. (KR 102022908).
Regarding claim 7, Sook does not expressly discloses the term TJNS (transfer jet nozzle system filter. Yang discloses the filter segment comprises a TJNS filter (by reference sign 114, fig. 2). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to use a TJNS filter as taught by Yang.
Regarding claim 8, Yang discloses at least one of the first filter segment and the second filter segment comprises at least one of a TJNS filter and a flavoring sheet (by reference sign 114, fig. 2).
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sook et al. (KR 10-2019-0049135) in view of Sugyo et al. (US Pub. No. 20190274349) and further in view of Han et al. (WO 2018182322).
Regarding claim 9, Sook does not expressly disclose the aerosol generating device comprises a heater for heating the cigarette rod from the outside. Han discloses an aerosol generating device comprises a heater (112, fig. 4) for heating the cigarette rod from the outside. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to use a device as taught by Han to heat the cigarette rod from the outside.
Regarding claim 10, Han discloses the aerosol generating device comprises a heater for heating the cavity segment from the outside (see fig. 4).
Regarding claim 11, Han discloses a heater for heating the cavity segment, and a part of at least one of the first filter segment and the second filter segment adjacent to the cavity segment (see figs. 4-5 and 8a, 8b).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sook et al. (KR 10-2019-0049135) in view of Sugyo et al. (US Pub. No. 20190274349) and further in view of Hejazi et al. (WO 2020229961).
Regarding claim 14, the combination of Sook and Sugyo taken together as a whole discloses the flavoring sheet is disposed in the cavity segment but does not expressly disclose the shape of the sheet. Hejazi discloses flavor sheet can be folded (page 4) and having shape such as triangle (page 10). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have the flavoring sheet in a multi-folded triangular shape as taught by Hejazi.
Regarding claim 15, Sook discloses the tobacco granules have a heating temperature of 120 degree C to 220 degree C (see document of Sook) within the claimed range and the combination of Sook and Sugyo discloses the flavoring sheet is disposed in the cavity segment in a rolled or folded shape (page 4 of Hejazi).
Response to Arguments
Applicant’s arguments filed 3/31/2026 have been considered but are moot in view of the new ground of rejection.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHU H NGUYEN whose telephone number is (571)272-5931. The examiner can normally be reached M-F 9-5.
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/PHU H NGUYEN/Examiner, Art Unit 1747
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