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 .
Status of the Claims
Claims 1-17 are pending and subject to this Office Action. This is the First Action on the merits of the claims.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-4, 6-7, 9, 11-14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over England, et al (US20190116874A1, IDS dated 11/25/2024) and further in view of Li, et al (US20160360794A1, IDS dated 11/10/2025) and Blevins Joyce, et al (US20100108081A1).
Regarding claims 1 and 11, England teaches: smoking article for use in an apparatus for heating a smokable material. (title)
• an apparatus that is designed to heat a smoking article to volatize a component of the smokable material [0002]
• the smoking article is for use with the heating apparatus [004] and includes smokable material which can be tobacco [0014]
• the smoking article is a cylindrical rod (stick) that is comprised of a smokable material, tobacco, and a filter assembly [0019-0020]
o the tobacco material for use in the article can be a cut rag tobacco. [0014] A person having ordinary skill in the art would recognize that cut rag tobacco is considered shredded tobacco.
o discloses that the smokable material is in axial alignment with the filter segment. (Figure 1) England teaches the filter and the smokable material are joined using tipping paper which extends partially along the body of the smokable material and surrounds the filter assembly. [0024]
• a filter assembly having three segments, a cooling segment, a filter segment, and a mouthed segment. [0019] The cooling segment can include one or more ventilation holes. [0042] The ventilation holes of England are considered to read on the air hole in the mouthpiece portion.
• a heating apparatus that is used to heat a smokable material. [0005] The heater of the apparatus is generally in the form of a hollow cylindrical tube having a hollow interior heating chamber into which the article. [0057] England teaches the device is designed to heat the article while not burning the article. [0048]
• England discloses that when the article is inserted in the heating the majority of the cooling element containing the ventilation holes is located in the apparatus and the ventilation holes are located in or at the insertion point of the device. ([0047], figure 6)
England is silent with respect to the heating device/apparatus heating tube being a compression cylinder or that the aerosol generating article has a cross-sectional area greater than the cross sectional area of the compression cylinder.
Li, directed to the design of heating devices for cigarettes, teaches a heating device for a cigarette having a housing having a heating chamber for the cigarette. [0004] Li teaches that the cigarette that can be a “typical cigarette” and is comprised of a mouthpiece for filtering and a main body that contains a substance like tobacco shreds. [0016]
Li further teaches the heating device that has a housing and a heating chamber (hollow tube) configured to receive the end of a cigarette. [0017] The heating chamber contains two heating pieces having a maximum distance between the two pieces less than the external diameter of the cigarette. The heating pieces are located in the interior space of the heating chamber.[0018]
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify England by using a hollow chamber that compresses a cigarette as taught by Li because both England and Li are directed to heat-not-burn cigarettes, Li teaches the configuration of the cigarette having a larger cross sectional area than the heating chamber along with the compression that occurs when the cigarette is inserted in the device as this configuration keeps the cigarette in tight contact with the heating pieces and also make the cigarette easier to remove. [0023], and this involves the use of known technique to improve similar devices in the same way.
Neither England nor Li teaches that the aerosol generating tobacco portion would be wrapped in a rolling paper.
Blevins Joyce, directed to filtered cigarettes, teaches a cigarette that comprises a tobacco rod and a filter element. The tobacco material is wrapped in a typical paper wrapping material and discloses various parameters for the wrapping material. [0029-0031] The paper wrapping material for circumscribing the tobacco rod portion of the article is considered to read on the rolling paper limitation.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify England and Li by using a paper wrapping to wrap the cigarette as taught by Blevins Joyce because England, Li, and Blevins Joyce are directed to cigarettes, Blevins Joyce teaches the paper wrapping material can be selected based on the desired amount of air flow through the paper that is desired. [0029], and this involves the use of known technique to improve similar devices in the same way.
Regarding claims 2 and 12, England teaches that the article contains a ventilation region to enable air to flow into the interior of the article. The ventilation region is comprised of a row of holes arranged located in the circumferentially around the article and are located in the cooling segment portion of the filter. [0042] England discloses that the cooling segment of the filter and thus could be located anywhere along the cooling segment.
Regarding claim 3-4 and 13-14, England and Li are silent with respect to the filter having a lip-release material.
Blevins Joyce, directed to filtered cigarettes, teaches a filtered cigarette includes a smokable rod and a filter element where the filter is attached to the rod using tipping material. (Abstract) Blevins Joyce teaches the tipping material have coated surfaces that have lip-release traits provided at the proximal-most mouth end portion. ([0040-0041], [0084])
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify England and Li by using lip-release on the tipping paper of the proximal end of the filter section as taught by Blevins Joyce because England, Li, and Blevins Joyce are directed to cigarettes, Blevins Joyce teaches lip-release allows for the easy release of contact between human lips and the tipping-material-covered filter section of a cigarette without substantial sticking [0040], and this involves the use of known technique to improve similar devices in the same way.
Regarding claims 6 and 7, England, modified by Li, teaches the heating chamber the heating chamber includes two elliptical arcs and two parallel straight lines. [0017] The two heating pieces in the heating chamber include a smooth curved heating surface facing an interior space of the heating chamber. Li teaches that the heating plates extend in the axial direction and that the two walls are parallel to one another. ([0018], Fig. 4)
Regarding claims 9 and 16, England, modified by Li teaches that a portion of the filer section would be compressed by the heating chamber. As discussed in claims 1 and 11 above, England teaches an aerosol generating article that is comprised of a tobacco portion and a filter portion. The filter portion is comprised of a cooling section and a mouthpiece portion. The cooling portion of England extends into the heating cavity oof the heating device. England is modified by Li to use a heating chamber that presses the aerosol generating article between tow heating plates. As such, a modified England would have at least a portion of the cooling section compressed by the heating cavity.
Claims 5, 8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over England, et al (US20190116874A1, IDS dated 11/25/2024), Li, et al (US20160360794A1, IDS dated 11/10/2025) and Blevins Joyce, et al (US20100108081A1), as applied to claim 1, and further in view of Reevell (WO2021044023A1).
Regarding claim 5, Neither England nor Li specifically teach the reduction in cross-sectional area due to the compression of the aerosol generating article in the heating/compression cylinder where the compressed aerosol generating article has a compressed cross-sectional area of greater than or equal to 60% and less than or equal to 99% of the original cross-sectional area.
Reevell, directed to the design of aerosol generating devices having a heating chambers, teaches a device that is used to heat an aerosol generating article having a heating chamber that the aerosol generating article is inserted into for heating. (p 12 ln 6-12)
Revell teaches the thermal engagement elements may be dimensioned to extend far enough into the heating chamber to cause compression of the aerosol substrate. The thermal engagement element used to compress the aerosol generating article may extend into the heating chamber between 3% and 7%. (p 29-30 ln 30-5) A person of ordinary skill would recognize that when the chamber the aerosol generating article is inserted into is 3% to 7% smaller in diameter the aerosol generating article the article will be compressed by an equivalent percentage. Thus once the aerosol generating article is inserted into the heating chamber with a reduced diameter taught by Reevell, the aerosol generating article cross-sectional area will also be reduced by 3% to 7% in order to fit into the heating chamber resulting in a cross sectional area that is 93% to 97% of the original cross-sectional area. The claimed range overlaps the range disclosed by the prior art and is therefore considered prima facie obvious. See MPEP 2144.05
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify England, Li, and Blevins Joyce by using a heating cavity that would reduce the cross-sectional area of the aerosol generating article and a portion of the mouthpiece filter assembly as taught by Reevell because England, Li, Blevins Joyce, and Reevell are directed to cigarettes, Reevell teaches this reduction in the cross-sectional area of the heating chamber ensures an interference fit between surface of the thermal engagement elements and the outer layer of the substrate carrier (p 26 ln 28-31) and improves thermal conduction through the aerosol substrate by eliminating air gaps (p 29 ln 30-33), and this involves the use of known technique to improve similar devices in the same way.
Regarding claim 8, a modified England teaches the aerosol generating rod would be compressed in device. However, the prior art does not disclose the diameter of the aerosol generating article with respect to the distance between the compression surfaces of the aerosol generating device.
Reevell teaches that the aerosol generating article has an external diameter of about 7.0 mm. The device heating chamber has an inner diameter of approximately 7.6mm. Reevell provides an example of the thermal engagement portions designed to compress the aerosol generating article extend into the heating cavity 0.4 to 0.6 to mm in order to compress the article and ensure the thermal engagement elements definitely contact the substrate carrier.[0144] Based on the dimensions taught by Reevell,
Substrate diameter – 7.0 mm
Heating chamber diameter – 7.6mm
Thermal engagement portion – 0.4mm -0.6 mm
The diameter between two thermal engagement portions in the heating chamber would be 6.8mm – 6.4mm. The substrate diameter taught by Reevell would be 103% to 109% the diameter the diameter of the compression surfaces and overlaps the range of the instant claim, and therefore the instant claim is prima facie obvious. See MPEPE 2144.05.
Regarding claim 10, England teaches that the cooling chamber portion of the filter assembly extends into the heating chamber of the apparatus to provide a physical gap between the aerosol generating material and the heat sensitive filter material. (p 12 ln 6-12) Li teaches that the heating chamber of the device would compress the materials inserted into the chamber. [0023]
However, neither England nor Li specifically teach the reduction in cross-sectional area due to the compression of the aerosol generating article mouthpiece in the heating/compression cylinder where the compressed mouthpiece portion of the aerosol generating article has a compressed cross-sectional area of greater than or equal to 60% and less than or equal to 99% of the original cross-sectional area.
Reevell, directed to the design of aerosol generating devices having a heating chambers, teaches a device that is used to heat an aerosol generating article having a heating chamber that the aerosol generating article is inserted into for heating. Revell teaches the aerosol generating article is comprised of the aerosol generating substrate and an aerosol collection region. The aerosol collection region is formed from paper or cardboard that is less compressible than the aerosol substrate. (p 12 ln 6-12)
Revell teaches the thermal engagement elements may be dimensioned to extend far enough into the heating chamber to cause compression of the aerosol substrate. The thermal engagement element used to compress the aerosol generating article may extend into the heating chamber between 3% and 7%. (p 29-30 ln 30-5) A person of ordinary skill would recognize that when the chamber the aerosol generating article is inserted into is 3% to 7% smaller in diameter the aerosol generating article, including the cooling chamber/collection region that is located in the heating chamber, will be compressed by an equivalent percentage. Thus once the aerosol generating article and a portion of the cooling region are inserted into the heating chamber with a reduced diameter as taught by Reevell, the aerosol generating article cooling section located in the heating chamber will also be reduced by 3% to 7% in order to fit into the heating chamber resulting in a cross sectional area that is 93% to 97% of the original cross-sectional area. The claimed range overlaps the range disclosed by the prior art and is therefore considered prima facie obvious. See MPEP 2144.05
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify England, Li, and Blevins Joyce by using a heating cavity that would reduce the cross-sectional area of the aerosol generating article and a portion of the mouthpiece filter assembly as taught by Reevell because England, Li, Blevins Joyce, and Reevell are directed to cigarettes, Reevell teaches this reduction in the cross-sectional area of the heating chamber ensures an interference fit between surface of the thermal engagement elements and the outer layer of the substrate carrier (p 26 ln 28-31) and improves thermal conduction through the aerosol substrate by eliminating air gaps (p 29 ln 30-33), and this involves the use of known technique to improve similar devices in the same way.
Claims 15 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over England, et al (US20190116874A1, IDS dated 11/25/2024), Li, et al (US20160360794A1, IDS dated 11/10/2025) and Blevins Joyce, et al (US20100108081A1), as applied to claim 11, and further in view of Reevell (WO2021044023A1).
Regarding claim 15, Neither England nor Li specifically teach the reduction in cross-sectional area due to the compression of the aerosol generating article in the heating/compression cylinder where the compressed aerosol generating article has a compressed cross-sectional area of greater than or equal to 60% and less than or equal to 99% of the original cross-sectional area.
Reevell, directed to the design of aerosol generating devices having a heating chambers, teaches a device that is used to heat an aerosol generating article having a heating chamber that the aerosol generating article is inserted into for heating. (p 12 ln 6-12)
Revell teaches the thermal engagement elements may be dimensioned to extend far enough into the heating chamber to cause compression of the aerosol substrate. The thermal engagement element used to compress the aerosol generating article may extend into the heating chamber between 3% and 7%. (p 29-30 ln 30-5) A person of ordinary skill would recognize that when the chamber the aerosol generating article is inserted into is 3% to 7% smaller in diameter the aerosol generating article the article will be compressed by an equivalent percentage. Thus once the aerosol generating article is inserted into the heating chamber with a reduced diameter taught by Reevell, the aerosol generating article cross-sectional area will also be reduced by 3% to 7% in order to fit into the heating chamber resulting in a cross sectional area that is 93% to 97% of the original cross-sectional area. The claimed range overlaps the range disclosed by the prior art and is therefore considered prima facie obvious. See MPEP 2144.05
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify England, Li, and Blevins Joyce by using a heating cavity that would reduce the cross-sectional area of the aerosol generating article and a portion of the mouthpiece filter assembly as taught by Reevell because England, Li, Blevins Joyce, and Reevell are directed to cigarettes, Reevell teaches this reduction in the cross-sectional area of the heating chamber ensures an interference fit between surface of the thermal engagement elements and the outer layer of the substrate carrier (p 26 ln 28-31) and improves thermal conduction through the aerosol substrate by eliminating air gaps (p 29 ln 30-33), and this involves the use of known technique to improve similar devices in the same way.
Regarding claim 17, England teaches that the cooling chamber portion of the filter assembly extends into the heating chamber of the apparatus to provide a physical gap between the aerosol generating material and the heat sensitive filter material. (p 12 ln 6-12) Li teaches that the heating chamber of the device would compress the materials inserted into the chamber. [0023]
However, neither England nor Li specifically teach the reduction in cross-sectional area due to the compression of the aerosol generating article mouthpiece in the heating/compression cylinder where the compressed mouthpiece portion of the aerosol generating article has a compressed cross-sectional area of greater than or equal to 60% and less than or equal to 99% of the original cross-sectional area.
Reevell, directed to the design of aerosol generating devices having a heating chambers, teaches a device that is used to heat an aerosol generating article having a heating chamber that the aerosol generating article is inserted into for heating. Revell teaches the aerosol generating article is comprised of the aerosol generating substrate and an aerosol collection region. The aerosol collection region is formed from paper or cardboard that is less compressible than the aerosol substrate. (p 12 ln 6-12)
Revell teaches the thermal engagement elements may be dimensioned to extend far enough into the heating chamber to cause compression of the aerosol substrate. The thermal engagement element used to compress the aerosol generating article may extend into the heating chamber between 3% and 7%. (p 29-30 ln 30-5) A person of ordinary skill would recognize that when the chamber the aerosol generating article is inserted into is 3% to 7% smaller in diameter the aerosol generating article, including the cooling chamber/collection region that is located in the heating chamber, will be compressed by an equivalent percentage. Thus once the aerosol generating article and a portion of the cooling region are inserted into the heating chamber with a reduced diameter as taught by Reevell, the aerosol generating article cooling section located in the heating chamber will also be reduced by 3% to 7% in order to fit into the heating chamber resulting in a cross sectional area that is 93% to 97% of the original cross-sectional area. The claimed range overlaps the range disclosed by the prior art and is therefore considered prima facie obvious. See MPEP 2144.05
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify England, Li, and Blevins Joyce by using a heating cavity that would reduce the cross-sectional area of the aerosol generating article and a portion of the mouthpiece filter assembly as taught by Reevell because England, Li, Blevins Joyce, and Reevell are directed to cigarettes, Reevell teaches this reduction in the cross-sectional area of the heating chamber ensures an interference fit between surface of the thermal engagement elements and the outer layer of the substrate carrier (p 26 ln 28-31) and improves thermal conduction through the aerosol substrate by eliminating air gaps (p 29 ln 30-33), and this involves the use of known technique to improve similar devices in the same way.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VIRGINIA R BIEGER whose telephone number is (703)756-1014. The examiner can normally be reached M-Th: 7:30-4:30.
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/V.R.B./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755