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 .
Election/Restrictions
Applicant’s election without traverse of group I, claims 1-7 in the reply filed on 9/23/2025 is acknowledged.
Claims 8-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected groups II and III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/23/2025.
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)(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.
Claim(s) 1, 5 and 7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gladden et al. (RU2587786).
Regarding claim 1, Gladden 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 (S1) (example 7);
preparing a combustible heat source composition for a smoking article by adding an aqueous sugar solution after the step (S2) (example 7);
adding oil to the composition (S3) (example 7); and
compressing the composition (S4) into a desired shape (see document).
Regarding claim 5, Gladden discloses wherein the ignition accelerator composition further comprises potassium nitrate (oxidizing agent, see document).
Regarding claim 7, Gladden discloses 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).
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) 1-7 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).
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 (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.
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 3, . Liu discloses wherein the aqueous sugar solution is prepared by mixing sugar and water at a weight ratio overlapping with 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.
Regarding claim 7, Gladden discloses 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).
Conclusion
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/PHU H NGUYEN/Examiner, Art Unit 1747