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) 1-2 and 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 108991590) in view of Gladden et al. (RU 2587786) and further in view of Yang et al. (U.S 20070084476).
Regarding claim 1, Liu discloses a method for manufacturing a combustible heat source for a smoking article, the method comprising the steps of:
mixing a carbon powder and an organic binder (sodium carboxymethyl cellulose; CMC) (under Summary of the Invention) (S1);
preparing a combustible heat source composition for a smoking article by adding an aqueous sugar solution after the step (S2);
compressing the composition (S4) (Abstract).
Liu does not expressly disclose adding oil to the composition. Gladden discloses method of making a combustible heat source wherein the composition contains oil (claim 5). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to add oil to the composition of Liu for its binding property.
Yang discloses a composition with carbon [0046] and the sugar and water mixture contains 10 to 45% by weight of the water and 55 to 90% by weight of the sugar ([0006-0007] [0021]) overlapping with the claimed range. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to add the sugar and water in the ratio disclosed by Yang for solubility and stability properties. Furthermore, 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.
Regarding claim 2, Liu discloses wherein the aqueous sugar solution is contained in the composition in an amount within the claimed range (example 3). In case of overlapping ranges, it would have been obvious to pick the claimed range.
Regarding claim 4, Liu discloses glucose as the sugar. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to use sugar substitute such as sugar alcohols selected from the group consisting of sorbitol, xylitol, mannitol, maltitol, lactitol, erythritol, reduced palatinose, and reduced starch syrup.
Regarding claim 5, Gladden discloses wherein the ignition accelerator composition further comprises potassium nitrate (oxidizing agent, see document). Liu also discloses wherein the ignition accelerator composition further comprises potassium nitrate (Abstract)
Regarding claim 6, since Gladden and Liu discloses carbon powder is the carbon-based combustible heat source, it would have been obvious to one of ordinary skill in the art at the time the invention was made that the carbon powder includes charcoal and graphite, and is contained in an amount of 40% by weight or more based on 100% by weight of the solid content of the composition.
Regarding claim 7, Gladden and Liu disclose the organic binder is one or more selected from the group consisting of carboxymethylcellulose (CMC), guar gum, methylcellulose (MC), and hydroxypropyl methylcellulose (HPMC) (see document of Gladden and under Summary of the Invention of Liu).
Response to Arguments
Applicant’s arguments filed 4/20/2026 have been considered but are moot in view of the new ground of rejection.
Regarding Applicant’s argument that the higher content of sugar is preferred (page 14, lines 8-10 of the specification); the reference of Yang discloses the range of the ratio of sugar to water wherein the disclosed range overlapping with the preferred range of higher content of sugar. Therefore, 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.
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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