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 .
Response to Amendment
The office action is in response to Applicant’s amendment filed on 04/27/2026.
Claims 1-7 and 9 are pending.
Claims 1 and 9 are amended.
Claims 8 and 10 are cancelled.
Response to Arguments
Applicant' s arguments, see pages 5-10, filed 04/27/2026, with respect to the rejection(s) of claims 1-9 under 35 U.S.C. 103 regarding the amendments made to claim 1 are not persuasive. The Applicant has amended claim 1 to include “the aerosol generating article comprises a tobacco rod and a filter rod, and the tobacco rod comprises a first filter segment, a second filter segment, and a cavity segment, wherein the cavity segment is formed by the first filter segment and the second filter segment, wherein the cavity segment is filled with a tobacco granule, wherein the first filter segment is located upstream of the cavity segment, and the second filter segment is located downstream of the cavity segment, wherein the second heater unit is on a side surface of the cavity segment and exposes a side surface of the first filter segment and a side surface of the second filter segment, and wherein the second heater unit is configured to heat the cavity segment.”
On page 8, the Applicant argues that Jung does not teach the second heater has a configuration in which heating is performed separately for each segment and that amended claim 1 now requires the second heater to selectively het the cavity segment.
The Examiner respectfully disagrees. All that is required of the claim is that the cavity comprising the tobacco particles is heated by the second heater. There is no requirement that heating is performed separately for each section or that the “second heater is configured to selectively heat the cavity segment” because that is not what is claimed.
Furthermore, Jung is not relied upon to teach this added claim limitation, the primary reference, Jang teaches the cavity segment heated by the second heater unit as detailed below. Therefore, the arguments are not persuasive.
On pages 8-9, the Applicant argues that Selby does not teach the cavity is formed by the first filter segment and the second filter segment because Selby does not clearly distinguish between a tobacco rod and a filter rod and has an integrated article.
The Examiner respectfully disagrees. Selby is relied upon to show that multiple filters, such as filters surrounding the cavity segment, exist and are known in the art. Selby further teaches motivation to combine in that Selby teaches multiple filters with different porosities may allow a manufacturer to selectively choose the airflow through an HNB cigarette ([0054]). Selby teaches that a tobacco section formed between a first and second filter segment can be filled with tobacco granules ([0028]). Therefore, the arguments are not persuasive.
The following is a modified rejection based on amendments made to the claims.
Specification
The disclosure is objected to because of the following informalities:
Paragraph 1 of page 28 incorrectly identifies the cavity as 212. The cavity segment is item 23 and item 212 does not exist in the drawings.
Page 30 incorrectly labels the tobacco rod as item 21. Item 21 is the first filter segment.
Page 31 incorrectly labels the cavity segment as item 23 throughout the entire page. The cavity segment is item 22.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 and 9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 2-7 and 9 are similarly rejected for being dependent on claim 1.
Claim 1 is indefinite for reciting both a substrate part and a cavity segment are heated by the second heater unit. It is unclear how the second heater is heating both a substrate part and a cavity segment because it is not clear if these are separate parts heated by the same heating element or if the heating element extends and heats a substrate part and a cavity segment. There is no disclosure in the instant specification or any figures provided that defines a substrate part and a cavity segment as separate elements and the claims as written do not clarify if these are the same/different structures. Furthermore, it is unclear that if these are separate structures how the heater unit can heat both of them at the same time.
For purposes of examination the substrate part is being interpreted as the cavity segment.
Claim 1, lines 20-21 are indefinite for reciting “exposes a side surface of the first filter segment and a side surface of the second filter segment” because it is unclear what is being exposed and how the heating unit exposes the side surfaces. The specification and the figures provided do not explain how the second heating unit exposes the side surfaces and it is not obvious to one of ordinary skill in the art how two filters on opposite sides of the segment being heated are exposed since only one filter would not be located within the device and exposed to the outside. Furthermore, it is not clear what exposes means in the context provided in the claims as it is an ambiguous term and without a proper definition in the specification it is indefinite.
For purposes of this examination “exposes a side surface of the first filter segment and a side surface of the second filter segment” will be interpreted as the filter segments are not being heated by the second heater.
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.
Claims 1 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (WO-2019151687-A1, hereinafter referring to the English Translation provided) in view of Jung et al. (WO-2020101199-A1, hereinafter referring to the English Translation provided), Zhang (CN112289602, hereinafter referring to the English Translation Provided), and Selby et al. (U.S. Patent No. 2022/0183348).
In regards to claim 1, Jang directed to an aerosol generation system, the aerosol generating system (i.e., aerosol generating apparatus) comprising:
A housing (the housing is the external surface of the aerosol generating device in Figure 2) that forms an accommodation space in which a cigarette (i.e., aerosol generating article) is inserted into (Figure 2, [0019], and [0049]);
A second heater (i.e., first heater unit) that heats a moisturizer receiving portion (i.e., atomizing unit) included in the aerosol generating apparatus and separate from the aerosol generating article ([0006]),
Wherein the atomizing unit comprises a moisturizer receptacle (i.e., liquid storage tank) configured to store a moisturizer including glycerin, propylene glycol (PG), and water, and additionally the moisturizer may further comprise at least one of ethylene glycol, dipropylene glycol, diethylene glycol, triethylene glycol, tetraethylene glycol and oleyl alcohol (i.e., liquid composition) ([0006] and [0072]);
A first heater (i.e., second heater unit) that heats the tobacco medium receptacle (i.e., substrate part), the substrate part located within the aerosol generating article (Figure 3-4c and [0006]); and
A control unit 213 for determining the temperature of each heater and can determine whether to adjust the temperature of each heater based on the determined temperature of the heater ([0060]),
Wherein the aerosol generating article comprises a tobacco rod (i.e., substrate part) ([0006]) and a filter portion 430 (i.e., filter rod) ([0073]),
And the tobacco rod comprises a tobacco medium receiving receptacle 410 (i.e., cavity segment) ([0037] and [0090])
Wherein the cavity segment is formed by the first filter (Figure 5),
Wherein the cavity segment can be filled with small pieces of tobacco (i.e., granules) ([0038]),
Wherein the filter rod is located upstream of the cavity segment (Figure 5),
Wherein the second heater unit is on a side surface of the cavity segment and is only located on the cavity segment (Figure 4a-4c and [0075]),
And wherein the second heater unit heats the cavity segment 410 ([0075]).
Jang does not explicitly disclose a liquid delivery means configured to deliver the liquid storage composition stored in the liquid storage tank to the first heater unit (I), does not explicitly disclose a temperature control button that is disposed on an outer wall surface of the housing and transmits a temperature control signal to the control unit (II), and does not disclose the aerosol generating article comprising the cavity segment formed by a first and a second filter, wherein the first filter segment is located upstream of the cavity segment and the second filter segment located downstream of the cavity segment (III).
(I)
Jang discloses a porous matrix structure, comprising porous ceramic or cellulose acetate, can receive the liquid composition ([0062]). A porous ceramic is in line with the instant specifications definition of delivery means and therefore it would be obvious to one of ordinary skill in the art that the porous ceramic of Jang could also deliver liquid to the first heater unit and is therefore considered prima facie obvious.
Alternatively, Jung directed to aerosol generation apparatus, discloses the aerosol generation device comprises a vaporizer including a liquid storage unit, liquid delivery means, and a first heater ([0043]).
Jung further discloses the device comprises a second heater and a control unit ([0034]).
Jung further discloses the liquid delivery means deliver the liquid composition from the storage to the first heater, wherein the liquid transfer medium can be a wick such as cotton fiber, ceramic fiber, glass fiber, or porous ceramic ([0046]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Jang by making the liquid composition further comprise liquid delivery means, as taught by Jung, because both are directed to aerosol generating articles, Jang teaches various embodiments where the heater may be in contact or spaced apart from the moisturizer accommodating portion and recognizes that the moisturizing component can be contacted with the heater to be aerosolized, Jung teaches the liquid delivery means delivers the liquid composition from the liquid storage to the first heater ([0046]), and this merely involves applying a known liquid transport component of a similar device to yield predictable results.
(II)
Modified Jang does not explicitly disclose a control button that is disposed on an outer wall surface of the housing and transmits a temperature control signal to the control unit.
Zhang, directed to providing heating units for an aerosol generating device, teaches the addition of a control unit (control mainboard (12)) that communicates with the heating assembly, and a temperature control button (temperature adjustment button (122)) disposed on an outer wall surface of the housing (see Fig. 1) and transmits a temperature control signal to the control unit (see step S4) ([0019]-[0020]).
Zhang further discloses the adjustable button allows the user to adjust the heating mode according to their personal preferences to meet their individual taste requirements, thereby improving the inhalation experience and allowing for convenient and quick temperature adjustments ([0019]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Modified Jang by adding a temperature adjustment button as taught by Zhang because all are directed to providing heating units for an aerosol generating device, Zhang teaches a temperature-adjustable assembly that improves user experience ([0019]), and this merely involves applying known components (i.e. control unit, button) to a similar aerosol generating device to yield predictable results (see MPEP 2143 I(C)).
(III)
Jang further discloses the aerosol generating article includes a first filter segment, a second filter segment, and a tobacco medium receiving receptacle (i.e., cavity segment) ([0037] and [0090]), but does not teach the aerosol generating article comprising the cavity segment formed by a second filter, wherein the first filter segment is located upstream and the second filter segment located downstream of the cavity segment.
Selby, directed to a smoking article containing an aerosol-forming substrate configured to be heated ([0020]), teaches the article comprising a first filter segment (first filter (120a)), a second filter segment (second filter (120b)), and a cavity segment (tobacco section (20)) formed by the first and second filter segments (see Fig. 19) and filled with any substance capable of being heated, such as tobacco granules ([0028]). Selby also teaches the first filter segment is located upstream of the cavity segment, and the second filter segment is located downstream of the cavity segment (see Fig. 19).
Selby further teaches multiple filters with different porosities may allow a manufacturer to selectively choose the airflow through an HNB cigarette ([0054]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Modified Jang by including a smoking article with multiple filters, as taught by Selby, because both modified Jang and Selby are directed to providing a smoking article containing an aerosol-forming substrate configured to be heated, Selby teaches multiple filters with different porosities may allow a manufacturer to selectively choose the airflow through an HNB cigarette ([0054]), and this merely involves rearranging a similar aerosol-generating article to have additional filters, a first filter upstream and a second filter downstream the cavity of a similar aerosol-generating device to yield predictable results (see MPEP 2143 I(A)).
In regards to claim 5, Modified Jang does not teach the temperature control button comprises a first temperature control button that transmits a temperature control signal for adjusting a temperature of the first heater unit and a second temperature control button that transmits a temperature control signal for adjusting a temperature of the second heater unit, and the control unit outputs the temperature control signal received from the first temperature control button and transmits the temperature control signal to the first heater unit, and outputs the temperature control signal received from the second temperature control button and transmits the temperature control signal to the second heater unit.
However, Jang discloses a control unit that adjusts a temperature of the first heater unit and a temperature of the second heater unit and determines whether to adjust the current temperature (i.e., sends a signal for adjusting the temperature of the heaters) ([0059]) and modified Jang teaches at least one control button for transmitting temperature control signals to the control units (Zhang [0019]). While Modified Jang does not explicitly disclose a control button for each heater as claimed, it would be obvious to one of ordinary skill in the art that an additional button for the second heating unit, that has the same function as the first, would be a mere duplication of parts and would have no patentable significance unless a new and unexpected result is produced (see (MPEP 2144.04 VI. B.).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (WO-2019151687-A1, hereinafter referring to the English Translation provided) in view of Jung et al. (WO-2020101199-A1, hereinafter referring to the English Translation provided), Zhang (CN112289602, hereinafter referring to the English Translation Provided), and Selby et al. (U.S. Patent No. 2022/0183348) as applied to claim 1 above, and further in view of U.S. Patent No. 11330843 to Bergstrom, et al. (hereinafter “Bergstrom”).
Regarding claim 2, Modified Jang teaches an aerosol generating apparatus comprising a temperature control button, but does not explicitly disclose the temperature control button transmits a temperature control signal to the control unit through a variable resistor.
Bergstrom, directed to a user-regulated heating element (col. 5, ll. 58-60), teaches a variable resistor that is placed between the battery and heating element in order to supply user-selected discrete voltages (col. 5, ll. 58-63). Bergstrom also teaches that various changes, combinations and modifications within the scope of the invention will become apparent to those skilled in the art from this detailed description (col. 2, ll. 39-45).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Modified Jang by utilizing a variable resistor as taught by Bergstrom, because both modified Jang and Bergstrom are directed to a user-regulated heating element, Bergstrom teaches an innovative way to fine-tune selected voltages (col. 5, ll. 60-61), and this merely involves applying a known component (i.e. variable resistor) in between the temperature control button and the heating element to yield predictable results (see MPEP 2143 I(C)).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (WO-2019151687-A1, hereinafter referring to the English Translation provided) in view of Jung et al. (WO-2020101199-A1, hereinafter referring to the English Translation provided), Zhang (CN112289602, hereinafter referring to the English Translation Provided), and Selby et al. (U.S. Patent No. 2022/0183348) as applied to claim 1 above, and further in view of Bleloch (U.S. Patent No. 2022/0225475).
Regarding claim 3, Modified Jang teaches an aerosol generating apparatus, but does not explicitly disclose the control unit outputs the temperature control signal received from the temperature control button as a supply voltage in a form of a pulse and transmits the temperature control signal to the first and second heater units.
Bleloch, directed to a control system for a vaporizer device ([0196]), teaches a control device (110) that communicates with a heating circuit (150) by providing a modulated signal in the form of a pulse to control a desired voltage level to be output by the heating circuit ([0257]). It would be obvious that this configuration can be altered in order to have the desired voltage level be controlled by the temperature control button of modified Jang for each of the heater units.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Modified Jang by communicating the temperature control button and heater unit via a pulse that regulates a supply voltage as taught by Bleloch, because both modified Jang and Bleloch are directed to a control system for a vaporizer device, Bleloch teaches a control device that is able to receive information from the temperature sensing device without physical impediment ([0193]), and this merely involves applying known components (i.e. pulse voltage signals) to a similar control system to yield predictable results (see MPEP 2143 I(C)).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (WO-2019151687-A1, hereinafter referring to the English Translation provided) in view of Jung et al. (WO-2020101199-A1, hereinafter referring to the English Translation provided), Zhang (CN112289602, hereinafter referring to the English Translation Provided), and Selby et al. (U.S. Patent No. 2022/0183348) as applied to claim 1 above, and further in view of WO2020104875 (“Novak”, hereinafter referring to the English Translation Provided).
Regarding claim 4, Modified Jang teaches an aerosol generating apparatus comprising a temperature control button, but does not explicitly disclose the temperature control signal is formed by a value input in an analog format or a digital format.
Novak, directed to receiving signals indicating use of an aerosol delivery device [0118], teaches a sensor of a processing circuitry (706) that may include one or more analog-to-digital converters (ADCs) configured to convert the actual current and voltages to respective digital equivalents ([0121]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Modified Jang by utilizing analog input signals as taught by Novak, because both modified Jang and Novak are directed to receiving signals indicating use of an aerosol delivery device, Novak teaches aerosol delivery devices with improved electronics that may extend usability of the devices ([0004]), and this merely involves applying known components (i.e. analog signals) to a similar control system to yield predictable results (see MPEP 2143 I(C)).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (WO-2019151687-A1, hereinafter referring to the English Translation provided) in view of Jung et al. (WO-2020101199-A1, hereinafter referring to the English Translation provided), Zhang (CN112289602, hereinafter referring to the English Translation Provided), and Selby et al. (U.S. Patent No. 2022/0183348), as applied to claims 1 and 5 above, and even further in view of U.S. Patent No. 2022/0338545 to Modified Jang, et al. (hereinafter “Modified Jang-Cali”).
Regarding claim 6, Modified Jang teaches an aerosol generating apparatus comprising a first and second heating assembly in communication with a first and second temperature control button, respectively, and a control unit, wherein the temperature control button(s) adjust the temperature of the heating component (Zhang).
Jang further discloses the temperature at which the first heater is in the range of 200° C. to 240° C. ([0075]).
However, modified Jang does not teach the first temperature control button having an on mode or an off mode, and in the on mode, the temperature at which the first heater unit is driven is adjusted within a range of 180° C. to 240° C.
Modified Jang-Cali, directed to heating an aerosol-generating article ([0002]), teaches an aerosol-generating device with a heating arrangement that may be triggered by pressing an on-off button ([0069]). In addition, modified Jang teaches the first heating segment is heated to a temperature range within a range of 180° C. to 240° C (Jang; [0075], the first temperature may be in a range of 200° C to 300° C, which includes 240° C).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Modified Jang by including an on-off function to the first temperature control button that heats the associated segment of the aerosol-generating article to a value between 180° C and 240° C as taught by Modified Jang-Cali because both modified Jang and Modified Jang-Cali are directed to heating an aerosol generating article. Modified Jang-Cali teaches a heating assembly that prevents fast depletion of an aerosol-forming substrate ([0003]), and this merely involves combining the on-off functionality with a known control button to yield predictable results (see MPEP 2143 I(A)).
Regarding claim 7, as noted supra with respect to the rejection of claim 5, modified Jang teaches an aerosol generating apparatus comprising a first and second heating assembly in communication with a first and second temperature control button, respectively, and a control unit, wherein the second temperature control button may have on-off functionality, and heats the second substrate segment to a temperature within a range of 150° C. to 260° C (Jang; [0075], the second temperature may be in a range of 150° C. to 200° C).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (WO-2019151687-A1, hereinafter referring to the English Translation provided) in view of Jung et al. (WO-2020101199-A1, hereinafter referring to the English Translation provided), Zhang (CN112289602, hereinafter referring to the English Translation Provided), and Selby et al. (U.S. Patent No. 2022/0183348), as applied to claim 8 above, and even further in view of U.S. Patent No. 2020/0128880 to Gage, et al. (hereinafter “Gage”).
Regarding claim 9, as noted supra with respect to the rejection of claim 8, modified Jang teaches an aerosol generating apparatus configured to heat an aerosol generating article and the atomizing unit adjacent the first heater (Jang Figure 3).
However, modified Jang does not teach when the atomizing unit is in a form of a cartridge.
Gage, directed to providing a smoking article configured to generate an aerosol in response to heat ([0008]), teaches an article comprising an aerosol generating cartridge (68) in fluid communication with the mouth end portion of the article ([0038]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to further modify Modified Jang by including an atomizing unit in the form of a cartridge as taught by Gage and insert it in the aerosol generating apparatus of Modified Jang, because both Modified Jang and Gage are directed to providing a smoking article configured to generate an aerosol in response to heat, Gage teaches an atomizing unit that uniformly or more consistently distributes heat between the heating segment (35) and the aerosol generating segment ([0069]), and this merely involves making the atomizing unit a cartridge to yield predictable results (see MPEP 2143 I(A) and MPEP 2144.04 V(C)).
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 MADELEINE PAULINA DELACRUZ whose telephone number is (703)756-4544. The examiner can normally be reached Monday - Friday 8-5.
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/MADELEINE P DELACRUZ/Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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