CTNF 18/255,316 CTNF 89203 DETAILED ACTION Response to Arguments 07-38-02 Applicant’s arguments filed 4/28/2026 with respect to the rejections of the claims under 103 have been fully considered and are persuasive. Therefore, the rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view as detailed below. Claim Rejections - 35 USC § 103 07-103 AIA The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 07-21-aia AIA Claim s 1-3 and 5, 32-34, and 37-42 are rejected under 35 U.S.C. 103 as being unpatentable over Malgat (US 2016/0309781) in view of Zuber (US 2014/0373856) and Aoun (WO 2019/110730) . Regarding claims 1, 3, 33-34, 38, and 42, Malgat teaches an aerosol-generating component 1000 for use with a non-combustible aerosol-provision device [Fig. 2; 0030, 0075], the aerosol-generating component comprising: a first sheet comprising tobacco (aerosol-generating material); a second sheet comprising aluminum foil (heating material that is heatable by penetration with a varying magnetic field) [0067-0068]; and a wrapper comprising paper and circumscribing the first sheet and the second sheet [0073]. Malgat teaches the wrapper is a cigarette paper but does is silent to permeability. Zuber teaches an aerosol-generating component for use with a non-combustible aerosol-provision device [0010] comprising a cigarette paper wrapper having a permeability between 0 and 120 Coresta units [0060]. As this is a conventional permeability for a cigarette paper wrapper known in the art, it would have been obvious to one of ordinary skill in this art to use this permeability for the cigarette paper wrapper of Malgat to achieve predictable results, e.g. allowing an appropriate amount of air flow through the wrapper. Malgat teaches the sheets have a combined thickness of between 50 and 300 µm [0059]. This suggests to one of ordinary skill in the art that each sheet may have a thickness between 25 and 150 µm. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim , 541 F.2d 257, 191 USPQ 90 (CCPA 1976). Modified Malgat does not teach an adhesive bonding the first and the second sheet together. Aoun teaches an aerosol-generating component comprising a first sheet of aerosol-generating material, a second sheet of aluminum foil, and adhesive bonding the first and the second sheet together [page 12, line 6 to page 13, line 20]. It would have been obvious to one of ordinary skill in the art to include an adhesive bonding the first and the second sheet together in the aerosol-generating component of modified Malgat to achieve predictable results, e.g. more securely forming and the aerosol-generating component. This involves applying a known teaching to improve a similar device in a predictable manner. The method of manufacturing the component thus reads on the claimed method. Regarding claim 2, Malgat teaches a surface of the first sheet is in contact with a surface of the second sheet [0009]. Regarding claim 5, Malgat teaches the first sheet comprises a plurality of apertures or a plurality of embossed portions [0027-0028]. Regarding claim 32, the aluminum foil of Malgat is an electrically-conductive material. Regarding claim 37, Malgat teaches the aerosol-generating material is reconstituted [0011]. Regarding claim 39, Malgat teaches the aerosol-generating component is substantially cylindrical [0016]. Regarding claim 40, modified Malgat teaches an article for use with a non-combustible aerosol provision device, the article comprising the component according to claim 1 [Malgat Fig. 2]. Regarding claim 41, modified Malgat teaches a non-combustible aerosol delivery system 2000 comprising: a non-combustible aerosol provision device 2010; and the component according to claim 1 [Malgat Fig. 4; 0079] . 07-22-aia AIA Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Malgat, Zuber, and Aoun as applied to claim 1 above, and further in view of Metrangolo (US 2015/0107610) . Modified Malgat does not teach a total area of the first sheet is greater or less than a total area of the second sheet. Metrangolo teaches an aerosol generating article comprising an aerosol-generating sheet and a foil sheet [0013-0014] wherein the width/dimensions of the sheets may be similar [0024], i.e. not the same. Thus, a total area of the first sheet is necessarily either greater or less than a total area of the second sheet. Given the finite number of options, i.e. sheets with totals area that are identical to one another or totals areas that are not identical to one another (one is greater or less than the other), one of ordinary skill in the art would have found it obvious to try either in the component of modified Malgat to achieve the same, predictable result of providing a component for heating and aerosol generation . 07-21-aia AIA Claim s 1-3, 5-6, 32-34, and 37-42 are rejected under 35 U.S.C. 103 as being unpatentable over Metrangolo (US 2015/0107610) in view of Zuber (US 2014/0373856) and Aoun (WO 2019/110730) . Regarding claims 1, 3, 33, 38, and 42, Metrangolo teaches an aerosol-generating component 1000 for use with a non-combustible aerosol-provision device [Fig. 3; 0020], the aerosol-generating component comprising: a first sheet comprising tobacco (aerosol-generating material) [0013]; a second sheet comprising metallic foil (heating material that is heatable by penetration with a varying magnetic field) [0014]; and a wrapper comprising paper and circumscribing the first sheet and the second sheet [0085-0086]. Metrangolo teaches the wrapper is a cigarette paper but does is silent to permeability. Zuber teaches an aerosol-generating component for use with a non-combustible aerosol-provision device [0010] comprising a cigarette paper wrapper having a permeability between 0 and 120 Coresta units [0060]. As this is a conventional permeability for a cigarette paper wrapper known in the art, it would have been obvious to one of ordinary skill in this art to use this permeability for the cigarette paper wrapper of Metrangolo to achieve predictable results, e.g. allowing an appropriate amount of air flow through the wrapper. Metrangolo teaches the sheets have a thickness of between 10 and 250 µm [0082]. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim , 541 F.2d 257, 191 USPQ 90 (CCPA 1976). Modified Metrangolo does not teach an adhesive bonding the first and the second sheet together. Aoun teaches an aerosol-generating component comprising a first sheet of aerosol-generating material, a second sheet of aluminum foil, and adhesive bonding the first and the second sheet together [page 12, line 6 to page 13, line 20]. It would have been obvious to one of ordinary skill in the art to include an adhesive bonding the first and the second sheet together in the aerosol-generating component of modified Metrangolo to achieve predictable results, e.g. more securely forming and the aerosol-generating component. This involves applying a known teaching to improve a similar device in a predictable manner. The method of manufacturing the component thus reads on the claimed method. Regarding claim 2, Metrangolo teaches a surface of the first sheet is in contact with a surface of the second sheet [0106]. Regarding claim 5, Metrangolo teaches the first sheet comprises a plurality of apertures or a plurality of embossed portions [0035-0036]. Regarding claim 6, Metrangolo teaches the width/dimensions of the sheets may be similar [0024], i.e. not the same. Thus, a total area of the first sheet is necessarily either greater or less than a total area of the second sheet. Regarding claim 32, the metallic foil of Metrangolo is an electrically-conductive material. Regarding claim 34, Metrangolo teaches aluminum [0014]. Regarding claim 37, Metrangolo teaches the aerosol-generating material is reconstituted [0013]. Regarding claim 39, Metrangolo teaches the aerosol-generating component is substantially cylindrical [0026]. Regarding claim 40, modified Metrangolo teaches an article for use with a non-combustible aerosol provision device, the article comprising the component according to claim 1 [Metrangolo Fig. 3]. Regarding claim 41, modified Metrangolo teaches a non-combustible aerosol delivery system 2000 comprising: a non-combustible aerosol provision device 2010; and the component according to claim 1 [Metrangolo Fig. 4; 0114] . 07-21-aia AIA Claim s 1, 2, 32-34, and 37-42 are rejected under 35 U.S.C. 103 as being unpatentable over Aoun (WO 2019/110730) in view of Zuber . Regarding claims 1 and 42, Aoun teaches an aerosol-generating component for use with a non-combustible aerosol-provision device, the aerosol-generating component comprising: a first sheet comprising aerosol-generating material [page 12, l. 15-20]; a second sheet comprising heating material that is heatable by penetration with a varying magnetic field [page 12, l. 23-32]; and a wrapper comprising paper and circumscribing the first sheet and the second sheet [page 17, l. 4-10], wherein the aerosol-generating component further comprises an adhesive bonding the first sheet and the second sheet together [page 12, l. 6-12]. Aoun does not specifically teach the second sheet has a thickness between about 1 µm and about 50 µm. However, Aoun does teaches by providing that the heating material has a relatively small thickness, a greater proportion of the heating material may be heatable by a given varying magnetic field, as compared to heating material having a depth or thickness that is relatively large as compared to the other dimensions of the heating material [page 28, l. 19-25]. As this the thickness is recognized as a result effective variable, it would have been obvious to one of ordinary skill in the art to optimize the thickness of the second sheet through routine experimentation to achieve the desired effects. Aoun is silent to the permeability of the paper wrapper. Zuber teaches an aerosol-generating component for use with a non-combustible aerosol-provision device [0010] comprising a paper wrapper having a permeability between 0 and 120 Coresta units [0060]. As this is a conventional permeability for a paper wrapper known in the art, it would have been obvious to one of ordinary skill in this art to use this permeability for the paper wrapper of Aoun to achieve predictable results, e.g. allowing an appropriate amount of air flow through the wrapper. The method of manufacturing the component thus reads on the claimed method. Regarding claim 2 , Aoun teaches a surface of the first sheet is in contact with a surface of the second sheet [page 6, l. 13-14]. Regarding claims 32-34, Aoun teaches the heating material comprises electrically conductive material such as aluminum [page 3, l. 21-31]. Regarding claims 37-38, Aoun teaches the aerosol-generating material is reconstituted tobacco [page 2, l. 26]. Regarding claim 39 , Aoun teaches the aerosol-generating component is substantially cylindrical [page 3, l. 1-2]. Regarding claim 40 , modified Aoun as applied to claim 1 above teaches the component according to claim 1. Aoun teaches an article for use with a non-combustible aerosol provision device, the article comprising the component [page 4, l. 19-23]. Regarding claim 41 , modified Aoun as applied to claim 1 above teaches the component according to claim 1. Aoun teaches a non-combustible aerosol delivery system comprising: a non-combustible aerosol provision device; and the component [page 4, l. 29 to page 5, l. 3] . 07-22-aia AIA Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Aoun and Zuber as applied to claim 1 above, and further in view of Arndt (US 2021/0345659) . Modified Aoun is silent to the thickness of the first sheet. Arndt teaches an aerosol-generating article comprising an aerosol-generating substrate sheet having a preferable thickness between 150 and 300 µm [0126]. As this is a preferred aerosol-generating substrate sheet thickness known in the art, it would have been obvious to one of ordinary skill in the art to apply this thickness to the first sheet of modified Aoun to achieve predictable results, e.g. providing an appropriately thick sheet for heating and aerosol generation . 07-22-aia AIA Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Aoun and Zuber as applied to claim 1 above, and further in view of Malgat (US 2016/0309781) . Modified Aoun does not teach the first sheet comprises a plurality of apertures or a plurality of embossed portions. Malgat teaches texturing an aerosol-generating sheet through apertures or embossed portions facilitates gathering of the sheet to form a rod [0027-0028], which would have been obvious to one of ordinary skill in the art to apply to the first sheet of modified Aoun for the same reasons . 07-22-aia AIA Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Aoun and Zuber as applied to claim 1 above, and further in view of Metrangolo (US 2015/0107610) . Modified Aoun does not teach a total area of the first sheet is greater or less than a total area of the second sheet. Metrangolo teaches an aerosol generating article comprising an aerosol-generating sheet and a foil sheet [0013-0014] wherein the width/dimensions of the sheets may be similar [0024], i.e. not the same. Thus, a total area of the first sheet is necessarily either greater or less than a total area of the second sheet. Given the finite number of options, i.e. sheets with totals area that are identical to one another or totals areas that are not identical to one another (one is greater or less than the other), one of ordinary skill in the art would have found it obvious to try either in the component of modified Aoun to achieve the same, predictable result of providing a component for heating and aerosol generation. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC YAARY whose telephone number is (571)272-3273. The examiner can normally be reached M-F 9-5. 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 at (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. /ERIC YAARY/Examiner, Art Unit 1755 Application/Control Number: 18/255,316 Page 2 Art Unit: 1755 Application/Control Number: 18/255,316 Page 3 Art Unit: 1755 Application/Control Number: 18/255,316 Page 4 Art Unit: 1755 Application/Control Number: 18/255,316 Page 5 Art Unit: 1755 Application/Control Number: 18/255,316 Page 6 Art Unit: 1755 Application/Control Number: 18/255,316 Page 7 Art Unit: 1755 Application/Control Number: 18/255,316 Page 8 Art Unit: 1755 Application/Control Number: 18/255,316 Page 9 Art Unit: 1755
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