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 16-26, and 29-30 are pending and are subject to this office action. Claim 16 has been amended and Claims 27-28 have been cancelled.
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1.114, and the fee set forth in 37 CFR 1.17€ has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/10/2025 has been entered.
Response to Amendment
The Examiner acknowledges the Applicant’s response filed on 11/10/2025 containing amendments and remarks to the claims.
Response to Arguments
Applicant’s arguments, see pg. 5-9, filed 11/10/2025, with respect to the rejection of claim 16 under 35 U.S.C. 103 over Malgat, in view of Bowen and Seo, have been fully considered and are persuasive. Applicant has amended claim 16 to require that the hollow tubular element abuts a downstream end of the rod of aerosol-generating substrate, which was not previously presented. The prior rejection relied on Seo for disclosing the at least one hollow tubular element (Seo: cooling structure 130, Fig. 2) which abuts a downstream end of a support element (Malgat: 30, Fig. 1) disclosed by Malgat. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made in view of a combination of newly found prior art and previously applied prior art.
On pg. 5, Applicant argues that claim 30 was not addressed in the prior office action. Claim 30 was rejected as being unpatentable over Malgat in view of Bowen and Seo on pg. 10 of the Final Rejection dated 08/14/2025. The Examiner notes that claim 30 was missing from the heading on pg. 4 of the Final Rejection and has correctly listed claim 30 in the heading below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 19 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 19 recites the limitation "the wall thickness” in line 2. There is insufficient antecedent basis for this limitation in the claim because it the first mention of a wall thickness. It is unclear if the wall thickness recited in claim 19 is the wall thickness of the upstream element or another structure. Claim 18 recites a wall thickness of the hollow tubular segment of the upstream element. However, claims 18 and 19 are both dependent upon claim 17. For the purposes of examination, claim 19 will be interpreted as a ratio of the length of the hollow tubular segment of the upstream element to a wall thickness of hollow tubular segment of the upstream element is at least 5.
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.
Claims 16-17, 21, 25, and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 20210000180 A1) in view of Bowen (US 5374869 A).
Regarding claim 16, Hwang directed to a cigarette (3), discloses:
A cigarette (3) comprising a front end plug (33, “upstream element”), a tobacco rod (31, “rod of aerosol generating substrate”), a first filter segment (321), and a second filter segment (322, Fig. 4, Fig. 5B, [0061-0063, 0083]),
The tobacco rod (31) may be formed of tiny bits cut from a tobacco sheet ([0067]) which is considered to meet the claim limitation of shredded tobacco material,
The tobacco rod (31) has a length of about 15mm ([0065]) which lies within the claimed range and is therefore considered prima facie obvious,
The first filter segment (321) and second filter segment (322) are considered to meet the claim limitation of a downstream section provided downstream of the rod of aerosol generating substrate.
The first filter segment (321) is a tube-shaped structure including a hollow therein (i.e. “at least one hollow tubular element”) which abuts a downstream end of the tobacco rod (31), and has a length of 7-20mm (Fig. 5B, [0070-0071]). The length taught by the prior art overlaps with the claimed range and is therefore considered prima facie obvious.
A plurality of perforations (36, “a ventilation zone”) are formed in an area of the outer wrapper (355, “a peripheral wall”) surrounding the first segment (321, “at least one hollow tubular segment”) allowing air to flow into the first segment (321) during a puff (Fig. 5B, [0083]).
The front end plug (33, “upstream element”) abuts an upstream end of the tobacco rod (31) and the front end plug (33) has a length of about 7 mm (Fig. 5B, [0065]). The length taught by the prior art lies within the claimed range and is therefore considered prima facie obvious.
Hwang does not explicitly disclose the average density of the shredded tobacco material in the aerosol generating substrate.
However, Bowen, directed to a cigarette (abstract), discloses:
A cigarette comprising a tobacco rod where the tobacco density is at least 300 mg/cc (col. 7 lines 57-68, col. 8 lines 1-8). The tobacco density taught by the prior art overlaps with the claimed range and is therefore considered prima facie obvious.
A higher density of tobacco in the tobacco rod results in an increased resistance to draw (col. 7 lines 57-68, col. 8 lines 1-8).
Bowen does not explicitly disclose an average density of tobacco between 150 to 500mmg/cc. However, Bowen discloses a tobacco density greater than 300mg/cc. A person having ordinary skill in the art would recognize that a tobacco density in the range of 300mg/cc or more would include an average tobacco density that overlaps the range of 150 to 500 mg/cc.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hwang by using a tobacco density of 300mg/cc or more in the aerosol forming substrate as taught by Bowen because both Hwang and Bowen are directed to smoking articles, Bowen teaches that the tobacco density is a results effective variable that impacts the draw resistance of the smoking article, and this involves applying a tobacco density in a known range to a similar smoking article to yield the predictable result of a smoking article with an appropriate resistance to draw.
Regarding claim 17, Hwang discloses the front end plug (33) may be a hollow tube having a central longitudinal cavity extending through it ([0095]).
Regarding claim 21, Hwang discloses the first filter segment (321) includes a cellulose acetate filter ([0071]) which is considered to be a fibrous filtration material.
Regarding claim 25, Hwang discloses the front end plug (33) is circumscribed by a wrapper (351, Fig. 5B, [0064]).
Regarding claim 29, Hwang discloses a second filter segment (322) at the upstream end of the cigarette (3) where the user inhales from (Fig. 5B, [0092]) which is considered to be a mouthpiece element.
Regarding claim 30, Hwang discloses the first filter segment (321, “at least one hollow tubular element”) has a length of 7-20mm (Fig. 5B, [0070-0071]). The claimed range overlaps with the range taught by the prior art and is therefore considered prima facie obvious.
Claims 18-20, and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 20210000180 A1) in view of Cheong (US 20200352220 A1).
Regarding claim 18, Hwang discloses the inner diameter of the front end plug (33) can be varied to control the draw resistance of the article ([0095]).
Hwang does not explicitly disclose the wall thickness of the hollow tubular segment of the front end plug/upstream element.
However, Cheong, directed to an aerosol generating article (400, Fig. 5, [0073-0074]), discloses:
A front end filter segment (421, 520, “upstream element”) comprising a channel (510) and having a diameter of 4 to 10mm (Fig. 5, Fig. 6, [0074, 0078, 0083-0084, 0087]), and;
The shape and area of the channel may be adjusted to achieve the desired draw resistance, such as the front end filter segment (520, “upstream element”) where the ratio of the inner diameter (W1) to the outer diameter (W2) is 0.05 to 0.9 (Fig. 13, [0099-0101]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hwang, by providing the front end plug with an outer diameter of 4 to 10mm and an inner diameter to outer diameter ratio (ID/OD) of 0.05 to 9, as taught by Cheong, because both Hwang and Cheong are directed to aerosol generating articles, Cheong and Hwang both disclose that the dimensions of the front end plug can be varied to control the draw resistance of the article, and this involves applying a known front end plug dimensions to a similar aerosol generating article to yield predictable results.
A person having ordinary skill in the art, in view of a front end filter segment (421, 520) diameter of 4 to 10mm ([0078]) and an ID/OD ratio of 0.05 to 0.9 ([0099-0101]) disclosed by Cheong, could have reasonably arrived at a smoking article having an upstream element with a wall thickness that is in a range that overlaps with the claimed range of less than 1 mm and is therefore considered prima facie obvious.
Regarding claim 19, Hwang discloses the length of the front end plug (33, “upstream element) may be 7mm ([0065]) and the inner diameter of the front end plug (33) can be varied to control the draw resistance of the article ([0095]).
Hwang does not explicitly disclose a ratio of the length to the wall thickness of hollow tubular segment of the upstream element.
However, Cheong, directed to an aerosol generating article (400, Fig. 5, [0073-0074]), discloses:
A front end filter segment (421, 520, “upstream element”) comprising a channel (510) and having a diameter of 4 to 10mm (Fig. 5, Fig. 6, [0074, 0078, 0083-0084, 0087]),
The shape and area of the channel may be adjusted to achieve the desired draw resistance, such as a front end filter segment (520) where the ratio of the inner diameter (W1) to the outer diameter (W2) is 0.05 to 0.9 (Fig. 13, [0099-0101]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hwang, by providing the front end plug with an outer diameter of 4 to 10mm and an inner diameter to outer diameter ratio (ID/OD) of 0.05 to 9, as taught by Cheong, because both Hwang and Cheong are directed to aerosol generating articles, Cheong and Hwang both disclose that the dimensions of the front end plug can be varied to control the draw resistance of the article, and this involves applying a known front end plug dimensions to a similar aerosol generating article to yield predictable results.
A person having ordinary skill in the art, in view of the front end plug length of 7mm ([0065]) discloses by Hwang and a front end filter segment (421, 520) diameter of 4 to 10mm ([0078]) and an ID/OD ratio of 0.05 to 0.9 ([0099-0101]) disclosed by Cheong, could have reasonably arrived at a smoking article having a ratio of the length to the wall thickness of hollow tubular segment of the upstream element in a range that overlaps with the claimed range of greater than 5 and is therefore considered prima facie obvious.
Regarding claim 20, Hwang discloses the inner diameter of the front end plug (33) can be varied to control the draw resistance of the article ([0095]).
Hwang does not explicitly disclose the inner diameter of the hollow tubular segment of the upstream element.
However, Cheong, directed to an aerosol generating article (400, Fig. 5, [0073-0074]), discloses:
A front end filter segment (421, 520, “upstream element”) comprising a channel (510) and having a diameter of 4 to 10mm (Fig. 5, Fig. 6, [0074, 0078, 0083-0084, 0087]),
The shape and area of the channel may be adjusted to achieve the desired draw resistance, such as a front end filter segment (520) where the ratio of the inner diameter (W1) to the outer diameter (W2) is 0.05 to 0.9 (Fig. 13, [0099-0101]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hwang, by providing the front end plug with an outer diameter of 4 to 10mm and an inner diameter to outer diameter ratio (ID/OD) of 0.05 to 9, as taught by Cheong, because both Hwang and Cheong are directed to aerosol generating articles, Cheong and Hwang both disclose that the dimensions of the front end plug can be varied to control the draw resistance of the article, and this involves applying a known front end plug dimensions to a similar aerosol generating article to yield predictable results.
A person having ordinary skill in the art, in view of the front end filter segment (421, 520) diameter of 4 to 10mm ([0078]) and an ID/OD ratio of 0.05 to 0.9 ([0099-0101]) disclosed by Cheong, could have reasonably arrived at a smoking article having an upstream element with an inner diameter that is in a range that overlaps with the claimed range of at least 4mm and is therefore considered prima facie obvious.
Regarding claim 22, Hwang discloses the inner diameter of the front end plug (33) can be varied to control the draw resistance of the article ([0095]) and the front end plug (33) has a length of 7mm ([0065]).
However, Hwang does not explicitly disclose a resistance to draw of the upstream element.
However, Cheong, directed to an aerosol generating article (400, Fig. 5, [0073-0074]), discloses:
A front end filter segment (421, 520, “upstream element”) comprising a channel (510) which is sized to achieve an appropriate suction resistance (Fig. 5, Fig. 6, [0074, 0078, 0083-0084, 0087]), and;
The suction resistance of the front end filter segment may be 1 to 30 mmWG/mm ([0088]).
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hwang, by providing the front end plug with a suction resistance of 1 to 30 mmWG/mm as taught by Cheong, because both Hwang and Cheong are directed to aerosol generating articles, Cheong and Hwang both disclose that the front end plug can be used to control the draw resistance, and this involves applying a known suction resistance to a front end plug in a similar aerosol generating article to yield predictable results.
A person having ordinary skill in the art, in view of the front end plug length of 7mm ([0065]) disclosed by Hwang and the suction resistance of 1 to 30 mmWG/mm disclosed by Cheong, could have reasonably arrived at a smoking article having an upstream element with a resistance to draw in a range that overlaps with the claimed range of less than or equal to 10 mmH2O and is therefore considered prima facie obvious.
Regarding claim 23, Hwang discloses the length of the front end plug (33) can be varied to control the draw resistance of the article ([0095]) and the front end plug (33) may have a length of 7mm ([0065]).
Hwang does not explicitly disclose the front end plug may have a length in the range of 4 to 6 mm.
However, Cheong, directed to an aerosol generating article (400, Fig. 5, [0073-0074]), discloses:
A front end filter segment (421, 520, “upstream element”) having a length of 4 to 20mm (Fig. 5, Fig. 6, [0074, 0078, 0083-0084, 0087]). The length taught by the prior art overlaps with the claimed range and is therefore considered prima facie obvious.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hwang, by providing the front end plug with a length of 4 to 20mm as taught by Cheong, because both Hwang and Cheong are directed to aerosol generating articles, Hwang discloses the length of the front end plug can be used to control the draw resistance, and this involves applying a known length to a similar front end plug in a similar aerosol generating article to yield predictable results.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 20210000180 A1) in view of Thorens (US 20170340016 A1).
Regarding claim 24, Hwang discloses the tobacco rod (31) may include an aerosol generating material (“at least one aerosol former”) such as glycerin ([0066]).
Hwang does not explicitly disclose the aerosol former content.
However, Thorens, directed to an aerosol generating article (abstract), discloses:
A solid aerosol forming substrate containing tobacco ([0091])
The aerosol forming substrate comprising at least one aerosol former to facilitate the formation of a dense and stable aerosol ([0090]).
The aerosol-forming substrate has an aerosol former content of greater than 5 percent on a dry weight basis ([0092]). The claimed range of at least 10% lies within the range taught by the prior art and is therefore considered prima facie obvious.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hwang, by providing the aerosol former in an amount 5% or greater on a dry weight basis, as taught by Thorens, because both Hwang and Thorens are directed to aerosol generating articles, Thorens teaches providing an aerosol former in an amount greater than 5% facilitates the formation of dense and stable aerosol, and this involves applying an aerosol former in a known amount to a similar aerosol generating article to yield predictable results.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang (US 20210000180 A1) in view of in view of Barnes (US 5348027 A).
Regarding claim 26, Hwang discloses that draw resistance is an import factor in cigarette design because it impacts the amount of aerosol in the air ([0093]).
Hwang does not explicitly disclose the draw resistance of the aerosol generating substrate.
However, Barnes, directed to cigarettes (abstract), discloses:
The pressure drop of the substrate can be varied to deliver sufficient aerosol (col. 3 lines 54-65).
The substrate has a pressure drop of 2 to 40mm water (col. 4 lines 14-18). The claimed range lies within the range taught by the prior art and is therefore considered prima facie obvious.
Therefore, before the effective filing date of the claimed invention, it would be obvious for one having ordinary skill in the art to modify Hwang, by providing the aerosol generating substrate with a resistance to draw of 2 to 40mmWG as taught by Barnes because both Hwang and Barnes are directed to smoking articles, Hwang discloses that draw resistance is an import factor in cigarette design because it impacts the amount of aerosol in the air and Barnes teaches that the pressure drop of the substrate can be varied to obtain sufficient aerosol delivery, and this involves applying a known pressure drop of a substrate to a similar smoking article to yield the predictable result of a smoking article with sufficient aerosol delivery.
Conclusion
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/M.F.D./Examiner, Art Unit 1755 /PHILIP Y LOUIE/Supervisory Patent Examiner, Art Unit 1755