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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/15/2026 has been entered.
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) 2-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robinson et al. (U.S Pub. No. 20080092912) in view of Wilson et al. (U.S Patent No. 3966988).
Regarding claim 2, Robinson discloses a smoking article comprising:
an aerosol forming substrate comprising tobacco; a heating element configured to heat, but not combust, the aerosol forming substrate; a flavour compound such as vanillin, coca can be added to the aerosol forming substrate ([00658] and [0071]); however, Robinson does not expressly disclose cysteine. Wilson discloses useful flavoring materials are vanillin, cocoa, essential oils and cysteine (column 3). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to add cysteine to the aerosol forming substrate of Robinson for flavoring.
Since the claimed compound is cysteine which is the same as the compound disclosed by the combination of Robinson and Wilson, the heating of the aerosol forming substrate and cysteine would result in the claimed production of furfurylthiol.
Regarding claim 3, Robinson discloses heating the aerosol forming substrate to a temperature range of about 200 degree C to about 400 degree C [0093]. Since the combination of Robinson and Wilson taken together as a whole discloses the same compound (cysteine) and the heating temperature range within the claimed range; therefore, corresponding to the claimed the compound (cysteine) is configured to release the flavor compound at a temperature of from about 200 degree C to about 450 degree C.
Regarding claims 4-5, Robinson discloses the smoking article further comprising nicotine or a source of nicotine [0089].
Response to Arguments
Applicant’s arguments filed 8/20/2026 have been considered but are moot in view of the new ground of rejection.
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at 5712703882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHU H NGUYEN/Examiner, Art Unit 1747
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