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 1-12 are pending and are subject to this Office Action. This is the first Office Action on the merits of the claims.
Claim Objections
Claim 8 is objected to because of the following informalities:
In Claim 8, ln 3, “the hollow tube” should read “the hollow tube heater”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claims 9-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Lord (US 2021/0244077 A1).
Regarding Claim 9, Lord teaches a heat-not-burn tobacco stick ([0179]-[0180], Fig. 1; HNB consumable 1a comprises an aerosol-forming substrate 2a at the upstream end of the consumable 1a. The aerosol-forming substrate 2a comprises reconstituted tobacco), the heat-not-burn tobacco stick comprising:
a tobacco rod portion that includes a tobacco filler including shredded tobacco and rolling paper wrapping the tobacco filler ([0179]-[0185], Fig. 5; HNB consumable 1a comprises an aerosol-forming substrate 2a at the upstream end of the consumable 1a. The aerosol-forming substrate 2a comprises reconstituted tobacco. The substrate 2a is formed of a plurality of shreds of plant material. The aerosol-forming substrate 2a is circumscribed by a paper wrapping layer 3a (rolling paper)); and
a mouthpiece portion coaxially coupled to the tobacco rod portion when wrapped with tipping paper together with the tobacco rod portion ([0179]-[0185], Fig. 5; HNB consumable 1a comprises terminal filter element 26a (mouthpiece portion) coaxial coupled to the upstream elements of the consumable (including substrate 2a) by a circumscribing paper tipping layer 34a. The tipping paper may have an axial length longer than the axial length of the terminal filter element such that the tipping paper completely circumscribes the terminal filter element plus the wrapping layer surrounding any adjacent upstream element. The tipping paper may extend to at least partially surround the substrate 2a and paper wrapping layer 3a),
wherein the tobacco filler is wrapped with the rolling paper in a state where the shredded tobacco is randomly aligned ([0069], [0083], In some embodiments the shreds may have a random (or generally random) orientation in the substrate 2a),
wherein the tobacco stick is formed from compressible materials such as tobacco shreds, paper, cardboard, and cellulose acetate ([0179]-[0191]).
Claim 9 recites the preamble “a heat-not-burn tobacco stick used together with an electric heating device and heated from an outer peripheral side in a state of being inserted in a hollow tube heater defined such that a heating chamber of the electric heating device is formed inside”. Because the preamble does not recite any structural limitations of the heat-not-burn tobacco stick, the limitation has been interpreted as a recitation of purpose or intended use of the heat-not-burn tobacco stick of Claim 9. See MPEP 2111.02. To satisfy an intended use limitation, a prior art structure which is capable of performing the intended use as recited in the preamble meets the claim. Because Lord discloses the structural limitations of the heat-not-burn tobacco stick of Claim 9, the tobacco stick would necessarily be capable use being used together with an electric heating device in the recited configuration.
Claim 9 further recites the limitations: “wherein... a cross-sectional area of the tobacco rod portion is relatively greater than an inner cross-sectional area of a compression cylinder of the hollow tube heater, the compression cylinder has a heating wall used to heat the tobacco rod portion from an outer peripheral side, the tobacco rod portion inserted in the compression cylinder is defined so as to be compressed by an inner wall surface of the compression cylinder”. As Claim 9 is directed to the heat-not-burn tobacco stick, the limitations relating the electric heating device or relating to how to tobacco stick functions in cooperation with the electric heating device do not impart structural limitations to the tobacco stick. Therefore, the limitations are functional limitations relating to intended uses of Claim 9. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. Because Lord discloses the structural limitations of the heat-not-burn tobacco stick of Claim 9, wherein the tobacco stick is formed from compressible materials such as tobacco shreds, paper, cardboard, and cellulose acetate (Lord, [0179]-[0191]), the tobacco stick would necessarily be capable of performing the claimed functions.
Claims 10-12 recites the limitations: “wherein the cross-sectional area of the tobacco rod portion is defined such that the cross-sectional area after insertion into the compression cylinder is greater than or equal to 60% and less than or equal to 99% of the cross- sectional area before insertion into the compression cylinder. wherein a length of the tobacco rod portion is defined such that a whole of the tobacco rod portion and part of the mouthpiece portion are compressed by the inner wall surface of the compression cylinder in a state where the heat-not- burn tobacco stick is inserted to a prescribed location of the heating chamber, wherein a cross-sectional area of the mouthpiece portion is defined such that the cross-sectional area after insertion into the compression cylinder is greater than or equal to 60% and less than or equal to 99% of the cross-sectional area before insertion into the compression cylinder. As Claims 10-12 is directed to the heat-not-burn tobacco stick, the limitations relating the electric heating device or relating to how to tobacco stick functions in cooperation with the electric heating device do not impart structural limitations to the tobacco stick. Therefore, the limitations have been interpreted as functional limitations relating to intended uses of the heat-not-burn tobacco stick of Claims 10-12. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. Because Lord discloses the structural limitations of the heat-not-burn tobacco stick of Claims 10-12, wherein the tobacco stick is formed from compressible materials such as tobacco shreds, paper, cardboard, and cellulose acetate (Lord, [0179]-[0191]), the tobacco stick would necessarily be capable of performing the claimed functions.
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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Reevell (US 2022/0361574 A1) in view of Lord (US 2021/0244077 A1).
Regarding Claim 1, Reevell, recited to aerosol generating devices ([0001]), teaches a heat-not-burn tobacco product ([0087], Figs. 1-4; Aerosol generation device 100 is arranged to receive a substrate carrier 132 comprising an aerosol substrate 134 and is configured to heat the aerosol substrate 134 inserted therein to form an aerosol for inhalation by a user. The aerosol generation device 100 is a Heat not Burn (HnB) device. [0099], the aerosol substrate 134 may contain a mixture of tobacco and humectant. Aerosol generation device 100 and substrate carrier 132 form a heat-not-burn tobacco product) comprising:
an electric heating device ([0087], Figs. 1-4; Aerosol generation device 100 is an electric heating device); and
a heat-not-burn tobacco stick used together with the electric heating device ([0087], Figs. 1-4; Aerosol generation device 100 (electric heating device) is arranged to receive a substrate carrier 132 (heat-not-burn tobacco stick) comprising an aerosol substrate 134. The aerosol generation device 100 is a Heat not Burn (HnB) device. [0099], the aerosol substrate 134 may contain a mixture of tobacco and humectant),
wherein the heat-not-burn tobacco stick includes a tobacco rod portion that includes a tobacco filler ([0087], Figs. 1-4; Substrate carrier 132 (heat-not-burn tobacco stick) includes an aerosol substrate 134 (tobacco rod portion). [0099], the aerosol substrate 134 may contain a mixture of tobacco and humectant), and
a mouthpiece portion coaxially coupled to the tobacco rod portion when wrapped with tipping paper together with the tobacco rod portion ([0114], Figs. 1-4; Substrate carrier 132 (heat-not-burn tobacco stick) comprises a region of aerosol substrate 134, and an aerosol collection region 136 (mouthpiece portion) at the second end 140 which is coaxially coupled to the region of aerosol substrate 134 (tobacco rod portion). The second end 140 is configured as a mouth-piece for a user. [0116], [0159], A filter may be provided towards the second end 140. Outer layer 142 (tipping paper) is a paper wrapper surrounds the region of aerosol substrate 134 and the aerosol collection region 136),
the electric heating device includes a hollow tube heater defined so as to form a heating chamber inside ([0091], Fig. 2; Aerosol generation device 100 comprises the heating chamber 108. [0123], Fig. 5B; Heating chamber 108 has a hollow tube shape. [0103], Heat generator 130 is attached to the outside surface of the heating chamber 108 and in thermal contact with outside surface of the side wall 114 to allow for good transfer of heat from the heat generator 130 to the heating chamber 108),
the heating chamber allowing the heat-not-burn tobacco stick to be inserted ([0091]-[0092], Figs. 2 and 5B; Heating chamber 108 comprises an open end 110 which is aligned with the opening 124 at the second end 106 of the aerosol generation device 100. The open end 110 allows substrate carrier 132 (heat-not-burn tobacco stick) to be inserted),
the hollow tube heater includes a compression cylinder used to compress the tobacco rod portion from an outer peripheral side when the heat-not-burn tobacco stick is inserted ([0104], Figs. 2, 5A, and 5B; Heating chamber 108 (hollow tube heater) comprises a plurality of thermal engagement elements 120 shown as indentations in the side wall 114. [0139], Thermal engagement elements 120 are preferably dimensioned to extend far enough into the heating chamber 108 to cause compression of the substrate carrier 132 and thereby ensure an interference fit between surface of the thermal engagement elements 120 and the outer layer 142 of the substrate carrier 132. [0162], the thermal engagement elements 120 extend into the interior volume to compress the substrate carrier 132 at the region containing the aerosol substrate 134 (tobacco rod portion) an outer peripheral side when substrate carrier 132 (heat-not-burn tobacco stick) is inserted. Figs. 5A and 5B show that heating chamber 108 has a cylindrical cross-section, wherein the portion of the side wall 114 including the thermal engagement element 120 can be regarded as a compression cylinder), and
a heating wall formed from at least part of the compression cylinder and used to heat the tobacco rod portion from the outer peripheral side ([0103], Figs. 2, 5A, and 5B; The heat generator 130 is attached to the outside surface of the heating chamber 108 and in thermal contact with outside surface of the side wall 114 to allow for good transfer of heat from the heat generator 130 to the heating chamber 108. Heat generator 130 is arranged to substantially overlap with the region of aerosol substrate 134. The thermal engagement elements 120 are arranged to receive heat generated by the heat generator 130 and transmit the heat into the aerosol substrate 134. As heat generator 130 is positioned directly outside of the portion of the side wall 114 including the thermal engagement element 120 (compression cylinder as defined above), said portion of side wall 114 can be regarded as a heating wall used to heat aerosol substrate 134 (tobacco rod portion) from the outer peripheral side), and
a cross-sectional area of the tobacco rod portion is relatively greater than an inner cross-sectional area of the compression cylinder and defined such that the tobacco rod portion inserted in the compression cylinder is compressed by an inner wall surface of the compression cylinder ([0168]-[0174], Fig. 5B; The innermost portion of each thermal engagement element 120 is located a radial distance R2 from the central axis E. The second restriction diameter is 2× R2. The second restriction diameter may be 62 mm for a 70 mm substrate carrier 132 outer diameter, giving a compression of 4 mm on each side by the thermal engagement elements 120. Therefore, a cross-sectional area of aerosol substrate 134 (tobacco rod portion) is relatively greater than an inner cross-sectional area of the compression cylinder and defined such that aerosol substrate 134 inserted in the compression cylinder is compressed by an inner wall surface of the compression cylinder),
but does not teach the product wherein the tobacco filler includes shredded tobacco and a rolling paper wrapping the tobacco filler, the tobacco filler is wrapped with the rolling paper in a state where the shredded tobacco is randomly aligned.
Lord, directed to aerosol generating devices ([0002]-[0017]), teaches a heat-not-burn tobacco stick ([0179]-[0180], Fig. 1; HNB consumable 1a comprises an aerosol-forming substrate 2a at the upstream end of the consumable 1a. The aerosol-forming substrate 2a comprises reconstituted tobacco), the heat-not-burn tobacco stick comprising:
a tobacco rod portion that includes a tobacco filler including shredded tobacco and rolling paper wrapping the tobacco filler ([0179]-[0185], Fig. 5; HNB consumable 1a comprises an aerosol-forming substrate 2a at the upstream end of the consumable 1a. The aerosol-forming substrate 2a comprises reconstituted tobacco. The substrate 2a is formed of a plurality of shreds of plant material. The aerosol-forming substrate 2a is circumscribed by a paper wrapping layer 3a (rolling paper)); and
a mouthpiece portion coaxially coupled to the tobacco rod portion when wrapped with tipping paper together with the tobacco rod portion ([0179]-[0185], Fig. 5; HNB consumable 1a comprises terminal filter element 26a (mouthpiece portion) coaxial coupled to the upstream elements of the consumable (including substrate 2a) by a circumscribing paper tipping layer 34a. [0114], The tipping paper may have an axial length longer than the axial length of the terminal filter element such that the tipping paper completely circumscribes the terminal filter element plus the wrapping layer surrounding any adjacent upstream element. The tipping paper may extend to at least partially surround the substrate 2a and paper wrapping layer 3a),
wherein the tobacco filler is wrapped with the rolling paper in a state where the shredded tobacco is randomly aligned ([0069], [0083], In some embodiments the shreds may have a random (or generally random) orientation in the substrate 2a).
It would have been obvious to one of ordinary skill in the art before the effective filing date off the claimed invention to provide the tobacco filler of Reevell including shredded tobacco and a rolling paper wrapping the tobacco filler, wherein the tobacco filler is wrapped with the rolling paper in a state where the shredded tobacco is randomly aligned as taught by Lord because Reevell are Lord are directed to aerosol generating devices, Reevell states that the tobacco rod portion comprises tobacco but does not provide as specific composition or formation method for the tobacco rod portion (Reevell, [0099], [0113]), Lord demonstrates that a tobacco rod portion of a heat-not-burn tobacco stick can be formed from randomly aligned shredded tobacco wrapped with rolling paper (Lord, [0083], [0179]-[0185], Fig. 5), and the teaching in Lord would have motivated one of ordinary skill to provide the tobacco filler in the claimed configuration.
It would have been obvious to one of ordinary skill in the art before the effective filing date off the claimed invention to coaxially couple a mouthpiece portion of Reevell to the tobacco rod portion by wrapping the mouthpiece portion with tipping paper together with the tobacco rod portion as taught by Reevell because Lord demonstrates that this is a conventional method of combining a mouthpiece portion to a tobacco rod portion (Lord, [0114], [0191]), and this involves combining prior art elements according to known methods to yield predictable results.
Regarding Claim 2, Reevell in view of Lord teaches the heat-not-burn tobacco product according to claim 1. Reevell further teaches the product wherein the cross-sectional area of the tobacco rod portion is defined such that the cross-sectional area after insertion into the compression cylinder is greater than or equal to 60% and less than or equal to 99% of the cross- sectional area before insertion into the compression cylinder ([0168]-[0174], Fig. 5B; The innermost portion of each thermal engagement element 120 is located a radial distance R2 from the central axis E. The second restriction diameter is 2× R2. The second restriction diameter may be 62 mm for a 70 mm substrate carrier 132 outer diameter, giving a compression of 4 mm on each side by the thermal engagement elements 120. [0183], The heating chamber 108 preferably includes 4 or more thermal engagement elements 120. It is reasonably understood that 4 elements 120 giving a compression of 4 mm on multiple sides of the aerosol substrate 134 (tobacco rod portion) is necessarily capable of yielding a cross-sectional area after insertion into the compression cylinder is greater than or equal to 60% and less than or equal to 99% of the cross- sectional area before insertion into the compression cylinder).
The range for the cross-sectional area of the tobacco rod portion after insertion into the compression cylinder disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious. See MPEP § 2144.05 (I).
Regarding Claim 3, Reevell in view of Lord teaches the heat-not-burn tobacco product according to claim 1. Reevell further teaches the wherein the compression cylinder includes a pair of opposite sandwiching walls extending along an axial direction of the compression cylinder, and the tobacco rod portion inserted in the compression cylinder is compressed by inner wall surfaces of the sandwiching walls ([0104], Figs. 2, 5A, and 5B; Heating chamber 108 (hollow tube heater) comprises a plurality of thermal engagement elements 120 shown as indentations in the side wall 114. [0139], Thermal engagement elements 120 are preferably dimensioned to extend far enough into the heating chamber 108 to cause compression of the substrate carrier 132. [0162], the thermal engagement elements 120 extend into the interior volume to compress the substrate carrier 132 at the region containing the aerosol substrate 134 (tobacco rod portion). [0033], the thermal engagement elements 120 may have a flattened profile shaped for distributed compression. Fig. 5B shows that the thermal engagement elements 120 directly oppose each other and extend along an axial direction of side wall 114 (compression cylinder). Elements 120 having flat profiles can be regard as sandwiching walls).
Regarding Claim 4, Reevell in view of Lord teaches the heat-not-burn tobacco product according to claim 3. Reevell further teaches the wherein the inner wall surfaces of the pair of sandwiching walls are opposed parallel to each other ([0104], [0139], Figs. 5A-5B; The inner wall surfaces of the thermal engagement elements 120 (pair of sandwiching walls) are opposed parallel to each other).
Regarding Claim 5, Reevell in view of Lord teaches the heat-not-burn tobacco product according to claim 4. Reevell further teaches the wherein a diameter of the tobacco rod portion is defined to a dimension greater than or equal to 105% and less than or equal to 200% of a space between the inner wall surfaces of the pair of sandwiching walls ([0168]-[0174], Fig. 5B; The innermost portion of each thermal engagement element 120 is located a radial distance R2 from the central axis E. The second restriction diameter is 2× R2. The second restriction diameter may be 62 mm for a 70 mm substrate carrier 132 outer diameter, giving a compression of 4 mm on each side by the thermal engagement elements 120. The diameter of aerosol substrate 134 (tobacco rod portion) is 70 mm. The space between the inner wall surfaces of the pair of sandwiching walls is 62 mm. The diameter of the tobacco rod portion is defined to a dimension of 112.9% of a space between the inner wall surfaces of the pair of sandwiching walls).
Regarding Claims 6-7, Reevell in view of Lord teaches the heat-not-burn tobacco product according to claim 1. Reevell further teaches the heat-not-burn tobacco product wherein, in a state where the heat-not-burn tobacco stick is inserted to a prescribed location of the heating chamber, a whole of the tobacco rod portion is compressed by the inner wall surface of the compression cylinder ([0193], Fig. 8; In the example shown in FIG. 8, where the boundary of the aerosol substrate 134 and the aerosol collection region 136 aligns with the upper edge of the thermal engagement elements 120. The user can continue inserting the substrate carrier 132 until the aerosol collection region 136 abuts the upper edge of the thermal engagement elements 120. At the state described in the cited paragraph, the substrate carrier 132 (heat-not-burn tobacco stick) is inserted to a prescribed location of the heating chamber 108, and a whole of the region of aerosol substrate 134 (tobacco rod portion) is compressed by the thermal engagement elements 120 (inner wall surface) of the sidewall 114 (compression cylinder)),
wherein the cross-sectional area of the tobacco rod portion is defined such that the cross-sectional area after insertion into the compression cylinder is greater than or equal to 60% and less than or equal to 99% of the cross- sectional area before insertion into the compression cylinder ([0168]-[0174], Fig. 5B; The innermost portion of each thermal engagement element 120 is located a radial distance R2 from the central axis E. The second restriction diameter is 2× R2. The second restriction diameter may be 62 mm for a 70 mm substrate carrier 132 outer diameter, giving a compression of 4 mm on each side by the thermal engagement elements 120. [0183], The heating chamber 108 preferably includes 4 or more thermal engagement elements 120. It is reasonably understood that 4 elements 120 giving a compression of 4 mm on multiple sides of the aerosol substrate 134 (tobacco rod portion) is necessarily capable of yielding a cross-sectional area after insertion into the compression cylinder is greater than or equal to 60% and less than or equal to 99% of the cross- sectional area before insertion into the compression cylinder),
but does not explicitly state that part of the mouthpiece portion is compressed by the inner wall surface of the compression cylinder, wherein a cross-sectional area of the mouthpiece portion is defined such that the cross-sectional area after insertion into the compression cylinder is greater than or equal to 60% and less than or equal to 99% of the cross-sectional area before insertion into the compression cylinder.
Lord further discloses that the heat-not-burn tobacco stick is formed from compressible materials such as tobacco shreds, paper, cardboard, and cellulose acetate (Lord, [0179]-[0191]). Based on the disclosures of Reevell, it is reasonably understood that the mouthpiece portion can be pushed into the heating chamber past the upper edge of the inner wall surface of the compression cylinder (Reevell, [0193], Fig. 8; The user can continue inserting the substrate carrier 132 until the aerosol collection region 136 abuts the upper edge of the thermal engagement elements 120. Reevell does not state that the substrate carrier 132 cannot be inserted passed the upper edge of the thermal engagement elements 120). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the heat-not-burn tobacco product wherein, in a state where the heat-not-burn tobacco stick is inserted to a prescribed location of the heating chamber, a whole of the tobacco rod portion and part of the mouthpiece portion compressed by the inner wall surface of the compression cylinder, because Lord states that the heat-not-burn tobacco stick is formed from compressible materials (Lord, [0179]-[0191]) and Reevell does not explicitly prevent the user from inserting the heat-not-burn tobacco stick into the heating chamber such that at least part of the mouthpiece portion is compressed by the inner wall surface of the compression cylinder (Reevell, [0193], Fig. 8).
Further, it would have obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the heat-not-burn tobacco product wherein a cross-sectional area of the mouthpiece portion is defined such that the cross-sectional area after insertion into the compression cylinder is greater than or equal to 60% and less than or equal to 99% of the cross-sectional area before insertion into the compression cylinder because Reevell demonstrates that the compression cylinder is necessarily capable of yielding a cross-sectional area after insertion into the compression cylinder of greater than or equal to 60% and less than or equal to 99% of a cross-sectional area before insertion into the compression cylinder (Reevell, [0168]-[0174], Fig. 5B; The innermost portion of each thermal engagement element 120 is located a radial distance R2 from the central axis E. The second restriction diameter is 2× R2. The second restriction diameter may be 62 mm for a 70 mm substrate carrier 132 outer diameter, giving a compression of 4 mm on each side by the thermal engagement elements 120. [0183], The heating chamber 108 preferably includes 4 or more thermal engagement elements 120. It is reasonably understood that 4 elements 120 giving a compression of 4 mm on multiple sides of the aerosol substrate 134 (tobacco rod portion) is necessarily capable of yielding a cross-sectional area after insertion into the compression cylinder is greater than or equal to 60% and less than or equal to 99% of the cross- sectional area before insertion into the compression cylinder).
The range for the cross-sectional area of the tobacco rod portion after insertion into the compression cylinder disclosed by the prior art overlaps the claimed range, and therefore the claimed range is considered prima facie obvious. See MPEP § 2144.05 (I).
Regarding Claim 8, Reevell in view of Lord teaches the heat-not-burn tobacco product according to claim 1. Reevell further teaches the product wherein the hollow tube further includes an insertion cylinder located on an insertion port side, and an inner cross-sectional area of the insertion cylinder is relatively greater than the cross-sectional area of the tobacco rod portion ([0093], Figs. 2, 5A-5B; Heating chamber 108 also comprises a side wall 114 and an open end 110. [0117], Using the above example of a substrate carrier 132 having a diameter of 7.0 mm and an inner diameter of the side wall of 7.6 mm, the clearance to the side wall 114 is around 0.3 mm on either side of the substrate carrier 132. The portion of side wall 114 which is located near the open end 110 (insertion port side) is an insertion cylinder because the substrate carrier 132 (tobacco stick) is inserted through said portion. An inner cross-sectional area of the insertion cylinder is relatively greater than the cross-sectional area of the tobacco rod portion).
Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jang (US 2023/0180832 A1) teaches heat-not-burn tobacco product comprising: an electric heating device; and a heat-not-burn tobacco stick used together with the electric heating device, the electric heating device includes a hollow tube heater defined so as to form a heating chamber inside, the heating chamber allowing the heat-not-burn tobacco stick to be inserted, the hollow tube heater includes a compression cylinder used to compress the tobacco rod portion from an outer peripheral side when the heat-not-burn tobacco stick is inserted, and a heating wall formed from at least part of the compression cylinder and used to heat the tobacco rod portion from the outer peripheral side, and a diameter of the tobacco rod portion is relatively greater than an inner diameter of the compression cylinder and defined such that the tobacco rod portion inserted in the compression cylinder is compressed by an inner wall surface of the compression cylinder.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00.
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/J.M.M./
Examiner, Art Unit 1755
/PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
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