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
Applicant’s amendment filed October 13, 2025 has been entered.
Applicant’s amendment has overcome each and every 35 U.S.C. 112 rejection set forth in the Non-Final Office Action mailed July 14, 2025. Therefore, those rejections are withdrawn. However, a new 35 U.S.C. 112 rejection is presented below.
Claims 1-20 remain pending in the application.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the cited phraseology clearly signifies a "negative" or "exclusionary" limitation for which the applicants have no support in the original disclosure. Negative limitations in a claim which do not appear in the specification as filed introduce new concepts and violate the description requirement of 35 USC 112, first paragraph, Ex Parte Grasselli, Suresh, and Miller, 231 USPQ 393, 394 (Bd. Pat. App. and Inter. 1983); 783 F. 2d 453.
The insertion of the above phraseology as described above positively excludes water and/or gelatin; however, there is no support in the present specification for such exclusions. While the specification teaches a substrate including glycerin and carrageenan (and potentially other components), there is no support in the specification, as originally filed, for the exclusion of water and/or gelatin (as there is no mention of either anywhere in the as-filed specification).
Claims 2-20 are rejected due to their dependence on rejected claim 1 and not curing the deficiencies thereof.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Terao (US 2017/0340005, referenced in IDS dated November 13, 2023) in view of Joyeux (WO 2020/520111, referenced in IDS dated August 10, 2023).
Regarding claim 1, Terao teaches a gel receptor rod (formulation used in tobacco rod, [0076], and is a gel, [0002]), configured for insertion into a disposable electrically heated smoking article for generating aerosol by heating rather than combustion, the gel receptor rod comprising:
a gel-like aerosol generating substrate including glycerin and carrageenan (aerosolized with heat [0013], includes glycerin [0014], and carrageenan [0085]), including 0.1 to 5 wt% of carrageenan as a gelling agent (0.5% carrageenan used, [0082] and [0083] formulations were the same as [0082] except for change in polysaccharide),
which exists in the form of a gel in a first temperature range including room temperature (gel form at 60 C or less (which includes room temperature (about 20-25 C), [0037]),
changes into a sol phase in a second temperature range including 80°C (sol form at 70 C or more, [0037]),
and vaporizes into an aerosol in a third temperature range of 100°C to 350°C, wherein the first, second, and third temperature range do not overlap each other (aerosolized when heated at 165 C, [0050]);
a gel receptor in which the gel-like aerosol generating substrate is accommodated (gel receptor is location when thermoreversible composition is applied to the tobacco rod, [0078]);
and a wrapping paper wrapping a side of the gel receptor in a cylindrical shape (cigarette made using composition includes tobacco wrapping paper, [0003], cigarettes known to be cylindrical),
wherein the gel-like aerosol generating substrate exists in the form of the gel in a surface, pores and/or networks of the gel receptor in the first temperature range (since the composition is a gel at room temperature (see [0037]) it would be a gel in the first temperature range (less than 60 C) and is contained at least on the inner surface of the tobacco rod ([0078])).
Terao fails to explicitly disclose greater than 95 wt% of glycerin (but does disclose up to 94.8%, abstract) and without including water and/or gelatin.
Joyeux teaches a similar gel aerosol generating substrate containing at least 70% glycerin (which overlaps with the claimed range of greater than 95%, page 8 lines 17-21), and does not include water (preferably includes no water, page 8 line 23). Joyeux also teaches that aerosols formed from a gel composition comprising no water can be perceived as less hot by the user (page 8 lines 27-28).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Terao to incorporate the teachings of Joyeux to provide the gel composition with at least 70% glycerin and no water because doing so would allow for the aerosol to be perceived as less hot by the user since there is no water included (page 8 lines 27-28).
Regarding claim 2, Terao discloses the gel receptor rod of claim 1, as set forth above. Terao fails to disclose the substrate further includes an acidity regulator, together with the carrageenan, in a range of less than 5 wt%.
Joyeux teaches a similar gel aerosol generating substrate including acid (which would therefore regulate acidity) at a range of about 0.1 to 5% (carboxylic acid, page 11 lines 12-13, which would mean with the 0.5% carrageenan of Terao, would overlap the claimed range of less than 5% of both together). Joyeux also teaches that the addition of carboxylic acid such as lactic acid improves the stability of the gel and assist in the gel formation (page 11, lines 8-10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Terao to incorporate the teachings of Joyeux to include a carboxylic acid in the range of about 0.1 to 5% in the gel formulation because carboxylic acid such as lactic acid improves the stability of the gel and assists in the gel formation, as recognized by Joyeux (page 11, lines 8-10).
Regarding claim 3, modified Terao discloses the gel receptor rod of claim 1, as set forth above. Terao fails to disclose wherein the gel-like aerosol generating substrate further includes flavoring agents, additives or active substances together with the carrageenan, in a range of less than 5 wt%.
Joyeux teaches a similar gel aerosol generating substrate including flavorant at a range of 0.1 to 10% by weight (essential oil, page 6 lines 19-20, which would mean with the 0.5% carrageenan of Terao, would overlap the claimed range of less than 5% of both together). Joyeux also teaches that adding a flavorant affects the organoleptic quality of the aerosol (page 6 lines 15-16).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Terao to incorporate the teachings of Joyeux to include a flavorant like an essential oil at an amount between about 0.1 to 10% by weight because doing so would affects the organoleptic quality of the aerosol (page 6 lines 15-16).
Regarding claim 4, modified Terao discloses gel receptor rod of claim 1, wherein the aerosol generating agent includes a liquid composition of the glycerin including 70 wt% to 100 wt% of glycerin VG (vegetable glycerin) and 0 wt% to 30 wt% of glycerin PG (propylene glycol) (Terao, glycerin containing no water (meaning 100% glycerin), [0027]).
Regarding claim 5, Terao teaches the gel receptor rod of claim 1, wherein the gel-like aerosol generating substrate includes one or more of kappa carrageenan, iota carrageenan, agar, pectin, guar gum, calcium lactate, potassium chloride, glucose, starch powder, natural food additives, or fruit extracts or compounds together with one of kappa carrageenan and iota carrageenan, in a range of less than 5 wt% (essential oil (which are natural food additives), page 6 lines 19-20, which would mean with the 0.5% carrageenan of Terao, would overlap the claimed range of less than 5% of both together). Joyeux also teaches that adding a flavorant affects the organoleptic quality of the aerosol (page 6 lines 15-16).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Terao to incorporate the teachings of Joyeux to include a flavorant like an essential oil at an amount between about 0.1 to 10% by weight because doing so would affects the organoleptic quality of the aerosol (page 6 lines 15-16).
Regarding claim 6, Terao teaches the gel receptor rod of claim 1, wherein the gel-like aerosol generating substrate includes at least one of 0% to 10% nicotine, caffeine, vitamins, and respiratory drugs together with the carrageenan, in a range of less than 5 wt% (none of these compounds listed, therefore 0%, which would mean with the 0.5% carrageenan of Terao, would be in the claimed range of less than 5% of both together).
Claims 7, 12-15, 17, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Terao (US 2017/0340005, referenced in IDS dated November 13, 2023) in view of Jeong et al. (WO 2020/153829, reference to US 2022/0175015, both referenced in IDS dated August 10, 2023).
Regarding claim 7, Terao discloses the gel receptor rod of claim 1 (see rejection of claim 1 above), and that the formulation can be used in a smoking article (i.e. cigarette) for an electric device (see [0003]) which can have a filter (see [0076]) and tobacco wrapping paper to form a cigarette ([0003]). Terao fails to explicitly disclose a tube provided upstream the filter, the gel receptor rod being upstream the tube and wherein they are all wrapped (due mostly to not disclosing the tube).
Jeong teaches a similar gel aerosol-forming substrate in a cigarette to be heated by an electric device (Figure 1, electrically heated smoking article 50, [0052]) containing a filter (Figure 1, Filter 52, [0052]), a tube upstream the filter (Figure 1, paper tube 54, [0052]), and a wrapping paper which wraps the contents to form a smoking article (Figure 1, wrapping paper 60, [0052]). Jeong also teaches the advantages of the configuration taught are the ability to generate more aerosol than typical solid cigarettes and not having the difficulties of liquid devices such as expiration, deterioration, and contamination [0004].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Terao to incorporate the teachings of Jeong to provide a tube upstream the filter and use the configuration of Jeong to wrap the contents to form a cigarette because this configuration generates more aerosol than typical solid cigarettes and do not have the difficulties of liquid devices such as expiration, deterioration, and contamination, as recognized by Jeong [0004].
Regarding claim 12, modified Terao teaches the electrically heated smoking article of claim 7, further comprising: a tobacco body including cut tobacco leaves additionally provided upstream of the tube and upstream or downstream of the gel receptor rod (Jeong, Figure 1, tobacco filler 58 upstream of paper tube 54 and gel cartridge 56, [0052]),
wherein the filter, the tube, the gel receptor rod, and the tobacco body are wrapped to form the cigarette (Figure 1, wrapping paper 60 shown wrapped around contents, [0052]).
Regarding claim 13, modified Terao teaches the electrically heated smoking article of claim 12, wherein the filter is formed of cellulose acetate or PLA material, has a diameter of 7 mm to 10 mm, and a length of 8 mm to 12 mm, and the tube has an inner diameter of 1 mm to 5 mm and an outer diameter of 7 mm to 10 mm.
Regarding claim 14, modified Terao teaches the electrically heated smoking article of claim 7, wherein the filter is formed of cellulose acetate or PLA material (filter made of cellulose acetate, [0087]),
has a diameter of 7 mm to 10 mm (Jeong, gel receptor has a diameter of 5-8mm (which overlaps the claimed range), and filter has same diameter (see [0053]-[0054] and Figure 1)),
and a length of 8 mm to 12 mm (Jeong, example of filter being 10mm presented in [0093]),
and wherein the tube has an inner diameter of 1 mm to 5 mm (Jeong, outer diameter of tube 5-8mm (see below), meaning the inner diameter must be somewhere between less than 5mm and less than 8mm since the tube itself cannot be 0mm, which overlaps the claimed range)
and an outer diameter of 7 mm to 10 mm (Jeong, gel receptor has a diameter of 5-8mm (which overlaps the claimed range), and outer diameter of tube is the same diameter (see [0053]-[0054] and Figure 1)).
Regarding claim 15, modified Terao teaches the electrically heated smoking article of claim 7 (see rejection of claim 7 above), and use with an electric heating device (see [0003] of Terao). Terao fails to disclose the aerosol-generation device itself including a cavity into which the smoking article is insertable, provided in the aerosol generating device;at least one first heater provided in the aerosol generating device and configured to heat an inside or outside of the gel receptor rod of the smoking article, for generating the aerosol from the gel-like aerosol generating substrate of the gel receptor rod; a rechargeable battery provided in the aerosol generating device and configured to function as a power source; and a microcontroller provided in the aerosol generating device and configured to control the at least one first heater upon receiving power from the battery.
Jeong teaches a similar gel aerosol-forming substrate to be used in a cigarette and an aerosol generating device, which is grippable and portable (Figure 5, aerosol generating device 100 is grippable and portable-sized, [0099]),
and the aerosol generating device comprising: a cavity into which a smoking article is insertable provided in the aerosol generating device (Figure 5, electrically heated smoking article 50 inserted into cavity of aerosol generating device 100, [0104]);
at least one first heater provided in the aerosol generating device and configured to heat an inside or outside of the gel receptor rod of the smoking article for generating the aerosol from the gel-like aerosol generating substrate of the gel receptor rod (Figure 5, heater 130b coves gel cartridge 56, [0105]);
a rechargeable battery provided in the aerosol generating device and configured to function as a power source (Figure 5, rechargeable battery 110, [0101]);
and a microcontroller provided in the aerosol generating device configured to control the at least one first heater upon receiving power from the battery (Figure 5, control unit 120, [0101]). Jeong also teaches that the taught aerosol generating device can measure and regulate the mouth end temperature of the generated aerosol in order to avoid the user feeling discomfort or getting burned from the aerosol being too hot [0099]-[0100].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Terao to incorporate the teachings of Jeong to use the aerosol generating device of Jeong to create an aerosol from the cigarette of Terao in view of Jeong (rejection of claim 7 above) because an electric device would be needed to generate an aerosol from the cigarette created and at least because the device of Jeong can measure and regulate the mouth end temperature of the generated aerosol in order to avoid the user feeling discomfort or getting burned from the aerosol being too hot, as recognized by Jeong [0099]-[0100].
Regarding claim 17, modified Terao teaches the aerosol generating device of claim 15, wherein the at least one first heater includes a resistive heating type heater and/or an induction heating type heater (Jeong, heater may be resistance or induction heater, [0099]).
Regarding claim 19, modified Terao teaches the aerosol generating device of claim 18, wherein the at least one second heater includes a resistive heating type heater and/or an induction heating type heater (Jeong, heater 130a (second heater) uses electrical resistance, [0105]).
Regarding claim 20, modified Terao teaches the aerosol generating device of claim 15, wherein the electrically heated smoking article further comprises a tobacco body including cut tobacco leaves upstream of the tube and upstream or downstream of the gel receptor rod (Jeong, Figure 1, tobacco filler 58 upstream of paper tube 54 and gel cartridge 56, [0052]),
wherein the filter, the tube, the gel receptor rod, and the tobacco body are wrapped to form the smoking article (Jeong, Figure 1, wrapping paper 60 shown wrapped around contents, [0052]),
and wherein the aerosol generating device further comprises: at least one second heater configured to heat an inside or outside of the tobacco body (Jeong, Figure 5, heater 130a is invasive heater inside tobacco filler 58, [0106]),
wherein the at least one first heater is configured to heat the inside or outside of the gel receptor rod to a first heating temperature range (Jeong, Figure 5, gel cartridge heated with heater 130b to 250 to 350 C, [0108]),
wherein the at least one second heater provided in the aerosol generating device is configured to heat the inside or outside of the tobacco body to a second heating temperature range different from the first heating temperature range (Jeong, Figure 5, tobacco heated by heater 130a to 150 to 250 C, [0108]).
Claims 8-9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Terao (US 2017/0340005, referenced in IDS dated November 13, 2023) in view of Jeong et al. (WO 2020/153829, reference to US 2022/0175015, both referenced in IDS dated August 10, 2023) as applied to claim 7 above, and further in view of Batista et al. (WO 2021/053029).
Regarding claim 8, modified Terao teaches the electrically heated smoking article of claim 7, as set forth above. Modified Terao fails to disclose wherein the gel receptor rod includes a first gel receptor and a second gel receptor surrounding the first gel receptor.
Batista teaches a similar aerosol generating article with two layers that are provided as gels (see page 7, lines 24-34) where one layer surrounds the other layer (Figure 1, first aerosol forming substrate layer 38 and second aerosol forming substrate layer 40, page 25 lines 1-7). Batista also teaches that this configuration at least can facilitate improved aerosol generation, improved induction heating, more homogeneous heating, and improved airflow (page 1, lines 23-29).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Terao to incorporate the teachings of Batista to provide a second gel layer surrounding the first gel layer because doing so would facilitate improved aerosol generation, improved induction heating, more homogeneous heating, and improved airflow, as recognized by Batista (page 1, lines 23-29).
Regarding claim 9, modified Terao teaches the electrically heated smoking article of claim 8, wherein the filter is formed of cellulose acetate or PLA material (filter made of cellulose acetate, [0087]),
has a diameter of 7 mm to 10 mm (Jeong, gel receptor has a diameter of 5-8mm (which overlaps the claimed range), and filter has same diameter (see [0053]-[0054] and Figure 1)),
and a length of 8 mm to 12 mm (Jeong, example of filter being 10mm presented in [0093]),
and wherein the tube has an inner diameter of 1 mm to 5 mm (Jeong, outer diameter of tube 5-8mm (see below), meaning the inner diameter must be somewhere between less than 5mm and less than 8mm since the tube itself cannot be 0mm, which overlaps the claimed range)
and an outer diameter of 7 mm to 10 mm (Jeong, gel receptor has a diameter of 5-8mm (which overlaps the claimed range), and outer diameter of tube is the same diameter (see [0053]-[0054] and Figure 1)).
Regarding claim 16, modified Terao teaches the aerosol generating device of claim 15, as set forth above. Modified Terao fails to disclose wherein the gel receptor rod includes a first gel receptor and a second gel receptor surrounding the first gel receptor.
Batista teaches a similar aerosol generating article with two layers that are provided as gels (see page 7, lines 24-34) where one layer surrounds the other layer (Figure 1, first aerosol forming substrate layer 38 and second aerosol forming substrate layer 40, page 25 lines 1-7). Batista also teaches that this configuration at least can facilitate improved aerosol generation, improved induction heating, more homogeneous heating, and improved airflow (page 1, lines 23-29).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Terao to incorporate the teachings of Batista to provide a second gel layer surrounding the first gel layer because doing so would facilitate improved aerosol generation, improved induction heating, more homogeneous heating, and improved airflow, as recognized by Batista (page 1, lines 23-29).
Claims 10-11 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Terao (US 2017/0340005, referenced in IDS dated November 13, 2023) in view of Jeong et al. (WO 2020/153829, reference to US 2022/0175015, both referenced in IDS dated August 10, 2023) as applied to claim 7 above, and further in view of Zuber et al. (US 2018/0027883).
Regarding claim 10, modified Terao teaches the electrically heated smoking article of claim 7, wherein the filter, the tube, the gel receptor rod, and the additional gel receptor rod are wrapped to form the smoking article (Jeong, Figure 1, wrapping paper 60 shown wrapped around contents, [0052]). Modified Terao fails to disclose the article further comprising: an additional gel receptor rod upstream of the gel receptor rod.
Zuber teaches a similar cartridge containing a gel that has two chambers (i.e. “rods”) that may be arranged in series (where one would be upstream of the other) (see [0062] and Figures 2b and 2c for an example 2 chamber cartridge (cartridges in series not shown in Figures)). Zuber also teaches that having two separate chambers/rods allow for a much wider range of choices to available to the vaper and the manufacturer since the chamber can have different compounds if desired [0076].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Terao to incorporate the teachings of Zuber to have provided two chambers containing different gels in series with each other because doing so would allow for a much wider range of choices to available to the vaper and the manufacturer since the chamber can have different compounds if desired, as recognized by Zuber [0076].
Regarding claim 11, modified Terao teaches the electrically heated smoking article of claim 10, wherein the filter is formed of cellulose acetate or PLA material (filter made of cellulose acetate, [0087]),
has a diameter of 7 mm to 10 mm (Jeong, gel receptor has a diameter of 5-8mm (which overlaps the claimed range), and filter has same diameter (see [0053]-[0054] and Figure 1)),
and a length of 8 mm to 12 mm (Jeong, example of filter being 10mm presented in [0093]),
and wherein the tube has an inner diameter of 1 mm to 5 mm (Jeong, outer diameter of tube 5-8mm (see below), meaning the inner diameter must be somewhere between less than 5mm and less than 8mm since the tube itself cannot be 0mm, which overlaps the claimed range)
and an outer diameter of 7 mm to 10 mm (Jeong, gel receptor has a diameter of 5-8mm (which overlaps the claimed range), and outer diameter of tube is the same diameter (see [0053]-[0054] and Figure 1)).
Regarding claim 18, modified Terao teaches the aerosol generating device of claim 15, wherein the filter, the tube, the gel receptor rod, are wrapped to form a smoking article (Jeong, Figure 1, wrapping paper 60 shown wrapped around contents, [0052]),
and wherein the aerosol generating device further comprises: at least one second heater configured to heat an inside or outside of the additional gel receptor rod (Figure 5, heater 130b coves gel cartridge 56, [0105]),
wherein the at least one first heater is configured to heat the inside or outside of the gel receptor rod to a first heating temperature range(Jeong, Figure 5, heater 130a heated to 150 to 250 C, [0108]) ,
wherein the at least one second heater provided in the aerosol generating device is configured to heat the inside or outside of the additional gel receptor rod to a second heating temperature range different from the first heating temperature range (Jeong, Figure 5, gel cartridge heated with heater 130b to 250 to 350 C, [0108]). Modified Terao fails to disclose wherein the electrically heated smoking article further comprises an additional gel receptor rod upstream of the gel receptor rod.
Zuber teaches a similar cartridge containing a gel that has two chambers (i.e. “rods”) that may be arranged in series (where one would be upstream of the other) (see [0062] and Figures 2b and 2c for an example 2 chamber cartridge (cartridges in series not shown in Figures)). Zuber also teaches that having two separate chambers/rods allow for a much wider range of choices to available to the vaper and the manufacturer since the chamber can have different compounds if desired [0076].
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Terao to incorporate the teachings of Zuber to have provided two chambers containing different gels in series with each other because doing so would allow for a much wider range of choices to available to the vaper and the manufacturer since the chamber can have different compounds if desired, as recognized by Zuber [0076].
Response to Arguments
Applicant's arguments filed October 13, 2025 have been fully considered but they are not persuasive.
Applicant argues (see pages 9-12 of Remarks) that Terao and/or Joyeux do not disclose the newly amended limitations in claim 1. However, the rejection above presents how these limitations are covered by these references (Joyeux does disclose the required glycerin amount and excluding water and Terao discloses the carrageenan amount, for instance). Therefore, this argument is not persuasive
Applicant argues (see page 10 of Remarks) that Terao discloses a pod and not a gel receptor wrapped by wrapping paper. While the pod in Terao MAY be aluminum, [0069] clearly states that the material of the pod is not particularly limited so the statement cited in [0003] in the rejection above is still relevant. Therefore, this argument is not persuasive.
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 Adam Z. Baratz whose telephone number is (703)756-1613. The examiner can normally be reached Monday-Thursday 6:30 - 4:30 CT.
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/A.Z.B./Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747