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 .
This office action is in response to applicant’s election filed November 20,2025. Claims 1-6 are elected. Claims 7-15 are withdrawn. Claims 1-6 are rejected.
Election/Restrictions
Claims 7-15 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected system, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on November 20, 2025.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 4-5 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 20120255569 A1 (hereinafter BEARD).
Regarding claim 1, BEARD discloses a cigarette with tubes for adapting the passage of mainstream smoke to retain desirable taste (abstract). BEARD discloses an aerosol generating article (Fig. 1, smoking article 10, ¶26) comprising: a medium rod (Figs. 1-2, filter element 20, ¶26) comprising: a medium portion configured to accommodate a medium (Fig. 2, smoke altering material 34, ¶57, ¶48); and a plurality of airflow paths (Fig. 2, tubes 48, ¶59) formed through the medium portion in a longitudinal direction (¶16) of the aerosol generating article. BEARD discloses that the rod comprises one or more (thus a plurality) of tubes for providing a passageway for mainstream smoke (¶59). BEARD discloses a filter rod (Fig. 2, filter material 36, ¶57) disposed downstream of the medium rod.
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BEARD further discloses wherein the airflow paths comprise a main airflow path formed through a center of the medium portion and at least one sub-airflow path formed around the main airflow path. BEARD has multiple airflow paths (¶63-¶66). Further, the medium portion is an air permeable filter material (¶59). BEARD discloses a main airflow path (tube 48) through the center as shown in Fig. 2. BEARD discloses that there may be one or more tubes through the medium (¶59). BEARD discloses between 1 and up to 20 channels or tubes (¶9). BEARD discloses that the passageway allows the mainstream smoke to flow through the article (¶59). BEARD further discloses that a plurality of channels may be utilized though the exact placement and configuration may vary (Fig. 4, ¶61). BEARD discloses that the channels provide an unimpeded pathway for passage while avoiding contact with the smoke altering material (¶59) or that the channels may provide different or extra filtering (¶59).
Regarding claim 4, BEARD discloses the aerosol generating article of claim 1 as discussed above. BEARD further discloses wherein a cross-section of the medium portion taken perpendicular to the longitudinal direction has one of a circular shape, an elliptical shape, a convex polygonal shape, and a concave polygonal shape. BEARD discloses that the shape of the filter is cylindrical (¶72). This is a circular shape.
Regarding claim 5, BEARD discloses the aerosol generating article of claim 1 as discussed above. BEARD further discloses an atomizing rod (Fig. 1, tobacco rod 12, ¶28) configured to accommodate an aerosol forming substrate, wherein the atomizing rod is disposed at an upstream end of the medium rod (as shown in Fig. 1).
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 2-3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over BEARD as applied to claims .
Regarding claim 2, BEARD discloses the aerosol generating article of claim 1 as discussed above. BEARD further teaches wherein the sub-airflow path has a smaller cross-sectional area than the main airflow path. As shown in Figs. 3-4, the central pathway is larger than other pathways that are included. BEARD teaches that multiple channels may be present (¶61). BEARD further teaches that the cross-sectional areas of the tubes can vary (¶63). BEARD teaches that the tubes vary in order to prevent migration of the smoke-altering material into the tube (¶63). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the teachings of BEARD to provide the sub-airflow path has a smaller cross-sectional area than the main airflow path. As discussed above in the rejection of claim 1, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (MPEP 2144.05.II.A).
Regarding claim 3, BEARD discloses the aerosol generating article of claim 1 as discussed above. BEARD further discloses wherein the medium rod further comprises: a wrapper (Figs. 1-2, plug wrap material 26, ¶27) wrapped around the medium portion of the medium rod. BEARD further teaches a side airflow path formed between the medium portion and the wrapper in the longitudinal direction. In the embodiment show in Fig. 5, the channels around the central axis are side airflow paths (¶61). BEARD teaches that these are positioned along the periphery (¶61). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the teachings of BEARD to include a side airflow path formed between the medium portion and the wrapper in the longitudinal direction. A person of ordinary skill in the art would provide a side airflow path because doing so would provide a pathway for the smoke delivered to the user (¶59).
Regarding claim 6, BEARD discloses the aerosol generating article of claim 5 as discussed above. BEARD further teaches an embodiment with a soft capsule (Fig. 10, breakable capsule 54, ¶68) accommodated in at least one of the medium rod, the filter rod, and the atomizing rod. BEARD further teaches wherein the soft capsule is formed of a thermally decomposable material (¶72). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the teachings of BEARD to include a soft capsule accommodated in at least one of the medium rod, the filter rod, and the atomizing rod, wherein the soft capsule is formed of a thermally decomposable material. A person of ordinary skill in the art would provide a soft capsule because doing so would benefit the user by flavoring the smoke or freshening the scent of the butt (¶71).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20230145813 A1 to JANG which discloses an aerosol generating article with four portions (abstract). JANG discloses that the porous tobacco substrate may include at least one passage (¶119). JANG discloses that the article is inserted into an aerosol generating device (¶46).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 571-270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747