Prosecution Insights
Last updated: August 02, 2026
Application No. 18/233,211

HEAT-NOT-BURN TOBACCO PRODUCT AND HEAT-NOT-BURN TOBACCO STICK

Final Rejection §103
Filed
Aug 11, 2023
Priority
Feb 12, 2021 — continuation of PCTJP2021005150
Examiner
MARTIN, JOHN MITCHELL
Art Unit
1755
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Japan Tobacco Inc.
OA Round
2 (Final)
21%
Grant Probability
At Risk
3-4
OA Rounds
4m
Est. Remaining
27%
With Interview

Examiner Intelligence

Grants only 21% of cases
21%
Career Allowance Rate
11 granted / 52 resolved
-43.8% vs TC avg
Moderate +6% lift
Without
With
+5.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
44 currently pending
Career history
111
Total Applications
across all art units

Statute-Specific Performance

§103
98.4%
+58.4% vs TC avg
§102
0.5%
-39.5% vs TC avg
§112
1.2%
-38.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 52 resolved cases

Office Action

§103
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 1-8, and 13-15 are pending and are subject to this Office Action. Claims 9-12 are cancelled. Claims 13-15 are new. Response to Amendments The amendments to the claims filed on May 11, 2026 are acknowledged. The objection to claim 8 has been withdrawn due to the amendments. Response to Arguments Applicant's arguments, filed May 11, 2026, have been fully considered and are persuasive. Applicant has amended claim 1 to include a limitation that was not previously presented and that the previously applied prior art does not disclose: “wherein the compression cylinder includes at least one sandwiching wall that is flat, and wherein the at least one sandwiching wall extends an entire length of the compression cylinder.” Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of the previously applied references in combination with a newly found prior art reference. The following is a modified rejection based on amendments made to 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 1-8, and 13-15 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) and Jang (US 2023/0180832 A1). Regarding Claims 1, and 13-14, Reevell, directed 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), wherein 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), wherein 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 wherein 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 i) wherein the tobacco filler includes 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; and ii) wherein the compression cylinder includes at least one sandwiching wall that is flat, and wherein the at least one sandwiching wall extends an entire length of the compression cylinder, wherein the at least one sandwiching wall is a first sandwiching wall that is flat and a second sandwiching wall that is flat, wherein a first curved section and a second curved section extend between the first sandwiching wall and the second sandwiching wall With respect to i), 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. With respect to ii), Jang, directed to aerosol generating devices ([0001]), teaches an electric heating device ([0048]-[0049], Figs. 1-4; Aerosol generation device 10 is an electric heating device), wherein the electric heating device includes a hollow tube heater defined so as to form a heating chamber inside, the heating chamber allowing a heat-not-burn tobacco stick to be inserted ([0040], [0048]-[0050], Figs. 1-4; Aerosol generation device 10 includes heater 14 having a hollow tubular form. The medium portion 21 (tobacco) of aerosol generating article 2 (heat-not-burn tobacco stick) is inserted into the cavity (heating chamber) of heater 14 (hollow tube heater)), wherein the hollow tube heater includes a compression cylinder used to compress a tobacco rod portion of the heat-not-burn tobacco stick from an outer peripheral side ([0048]-[0050], Figs. 1-4; Heater 14 (hollow tube heater) is a compression cylinder used to compress medium portion 21 (tobacco rod portion) of aerosol generating article 2 (heat-not-burn tobacco stick) from an outer peripheral side as shown in Fig. 4), wherein the compression cylinder includes at least one sandwiching wall that is flat, and wherein the at least one sandwiching wall extends an entire length of the compression cylinder, wherein the at least one sandwiching wall is a first sandwiching wall that is flat and a second sandwiching wall that is flat, wherein a first curved section and a second curved section extend between the first sandwiching wall and the second sandwiching wall ([0048]-[0050], Figs. 1-4; Heater 14 (compression cylinder) includes two opposing sandwiching walls extending the entire length of heater 14. Fig. 3 shows a first flat sandwiching wall facing forward, and a second flat sandwiching wall facing backward. A first curved section (left) and a second curved section (right) extend between the first sandwiching wall and the second sandwiching wall). 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 compression cylinder of Reevell having the shape of the compression cylinder of Jang because Reevell and Jang are directed to aerosol generating devices, Jang demonstrates that the flat sandwiching walls decrease a distance from a heater to a central portion of the heat-not-burn tobacco stick, and thereby improve the heating efficiency of the heater (Jang, [0019]), and this involves changing the cross section of the compression cylinder to the shape disclosed by Jang constitutes a change in form of shape to another known shape in the art. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See MPEP § 2144.04 IV B. Regarding Claim 2, Reevell in view of Lord and Jang 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 Claims 3-4, Reevell in view of Lord and Jang teaches the heat-not-burn tobacco product according to claim 1. Jang 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 ([0048]-[0050], Figs. 1-4; Heater 14 (compression cylinder) includes two opposing sandwiching walls extending along an axial direction of heater 14. Figs. 3-4 show that heater 14 has a first flat sandwiching wall facing forward, and a second flat sandwiching wall facing backward, wherein the inner wall surfaces of the two sandwiching walls are opposed parallel to each other. The two sandwiching walls are used to compress medium portion 21 (tobacco rod portion) of aerosol generating article 2 (heat-not-burn tobacco stick)). Regarding Claim 5, Reevell in view of Lord and Jang 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 and Jang 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 and Jang 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). Regarding Claim 15, Reevell in view of Lord and Jang teaches the heat-not-burn tobacco product according to claim 1. Reevell further teaches the product further comprising a heater element surrounding the compression cylinder, wherein the heater element has a first wall section that is flat ([0103], Figs. 2, 5A, and 5B; The heat generator 130 (heater element) is attached to the outside surface of the heating chamber 108 (compression cylinder) 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. As the shape of heating chamber 108 (compression cylinder) has been modified to include two flat sandwiching walls, it is reasonably understood that the portions of heat generator 130 in contact with the outer surfaces of the two sandwiching walls would be a flat first and second wall section). 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 JOHN M. MARTIN whose telephone number is (703)756-1270. The examiner can normally be reached M-F 8:00-5:00. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Philip Louie can be reached on (571) 270-1241. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /J.M.M./ Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755
Read full office action

Prosecution Timeline

Aug 11, 2023
Application Filed
Dec 11, 2025
Non-Final Rejection mailed — §103
Mar 11, 2026
Response Filed
May 26, 2026
Final Rejection mailed — §103 (current)

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