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 .
Election/Restrictions
Claims 11-14 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventio, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 01/15/2026.
Applicant’s election without traverse of 1-10 in the reply filed on 01/15/2026 is acknowledged.
Response to Arguments
Applicant’s arguments filed on 05/04/2026 have been considered but are moot in view of the present amendment.
Applicant’s arguments were directed to the prior rejection of claim 1 under 35 U.S.C. § 102 over Jang and the prior rejection of claims 2, 3, and 10 under 35 U.S.C. § 103 over Jang in view of Minzioni. However, claim 1 has been amended to include additional limitations directed to the paper tube portion being disposed downstream of the cigarette column portion and the filter portion comprising a first filter portion having a cavity and a second filter portion fully filled with a filtration material.
In view of Applicant’s amendment, the prior rejection based on Jang alone has been withdrawn. The present rejection is based on a new combination of references, including Jang in view of Zhurba, and additional references where applicable.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 4-6, 8, and 9 are rejected under 35 U.S.C. § 103 as being unpatentable over Jang et al. (US 2020/0359688 A1; hereinafter “Jang”) in view of Zhurba et al. (US 2023/0105451 A1; hereinafter “Zhurba”).
Regarding claim 1, Jang teaches:
a smoking article (cigarette) (Jang [0069]);
a medium accommodation portion comprising a cigarette column portion filled with cut tobacco leaves (tobacco medium accommodation portion 410 containing tobacco cuts) (Jang [0071]);
a moisturizer accommodation portion disposed on one side of the medium accommodation portion (moisturizer accommodation portion 420 disposed upstream of tobacco medium accommodation portion 410) (Jang [0069]);
the moisturizer accommodation portion comprising an aerosol generating material (moisturizer comprising glycerin and propylene glycol) (Jang [0072]);
a filter portion disposed on another side of the medium accommodation portion (filter 430 disposed downstream of tobacco medium accommodation portion 410) (Jang [0069]); and
wherein an entirety of the cigarette column portion is heated by a heater (first heater 41a heating tobacco medium accommodation portion 410) (Jang Fig. 4A).
Jang further teaches that filter 430 may include a tube filter, a cooling structure, or a recess filter (Jang [0073]).
However, Jang does not expressly teach the paper tube portion disposed downstream of the cigarette column portion, the first filter portion disposed downstream of the paper tube portion and comprising a cavity therein, and the second filter portion disposed downstream of the first filter portion and fully filled with a filtration material, in the claimed arrangement.
Zhurba is directed to a heat-not-burn smoking construction including a tobacco segment, cooling tube, hollow filter segment, and filled filter segment arranged in sequence (Zhurba [0062]).
Zhurba teaches:
a paper tube portion disposed downstream of the cigarette column portion (cooling tube 20 comprising paper material) (Zhurba [0017]);
a first filter portion disposed downstream of the paper tube portion and comprising a cavity therein (upstream hollow filter segment 30 having tubular part 31 defining cavity 20a) (Zhurba [0064]); and
a second filter portion disposed downstream of the first filter portion and fully filled with a filtration material (downstream filled filter segment 40 comprising acetate fibers/cellulose acetate fibers) (Zhurba [0062]; Zhurba [0068]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Jang’s filter portion 430 with Zhurba’s cooling tube 20, upstream hollow filter segment 30, and downstream filled filter segment 40 because Jang expressly identifies tube filters, cooling structures, and recess filters as suitable downstream filter features (Jang [0073]), and Zhurba teaches that the cooling tube and hollow filter construction cools hot smoke before reaching the consumer (Zhurba [0013]).
Regarding claim 4, modified Jang further teaches the cut tobacco leaves are prepared by finely cutting a slurry-type reconstituted tobacco sheet (tobacco cuts formed by finely cutting a slurry-type reconstituted tobacco sheet) (Jang [0038]).
Regarding claim 5, modified Jang further teaches the cut tobacco leaves in the cigarette column portion are arranged in a same direction (tobacco strands combined in the same direction, in parallel) (Jang [0038]).
Regarding claim 6, modified Jang further teaches the aerosol generating material comprises glycerin and propylene glycol and optionally comprises nicotine (moisturizer comprising glycerin and propylene glycol, and nicotine may be included) (Jang [0072]).
Regarding claim 8, modified Jang further teaches at least one segment selected from a group consisting of the medium accommodation portion, the moisturizer accommodation portion, and the filter portion is wrapped with a segment wrapper (hollow filter segment 30 and filled filter segment 40 wrapped with first combining wrapper 50) (Zhurba [0066]).
Regarding claim 9, modified Jang further teaches a plurality of segments wrapped with the segment wrapper is wrapped with a total wrapper (hollow filter segment 30 and filled filter segment 40 wrapped with first combining wrapper 50 and further wrapped with second combining wrapper 60) (Zhurba [0065]).
Claims 2, 3, and 7 are rejected under 35 U.S.C. § 103 as being unpatentable over Jang et al. (US 2020/0359688 A1) in view of Zhurba et al. (US 2023/0105451 A1), as applied to claim 1 above, and further in view of Minzioni (US 2018/0177235 A1; hereinafter “Minzioni”).
Regarding claims 2 and 3, modified Jang, as set forth in the rejection of claim 1, does not expressly teach a length of the cigarette column portion is 4 to 8 millimeters (mm), and the length of the paper tube portion is 4 to 8 mm, wherein the length of the cigarette column portion is 6 mm, and the length of the paper tube portion is 6 mm.
Minzioni teaches: a length of the cigarette column portion is 4 to 8 millimeters (mm) (aerosol-forming substrate having a length of 5 mm to 16 mm) (Minzioni [0045]);
the length of the cigarette column portion is 6 mm (aerosol-forming substrate having a length of 5 mm to 16 mm, which includes 6 mm) (Minzioni [0045]);
the length of the paper tube portion is 4 to 8 mm (support element having a length of 5 mm to 12 mm, for example 8 mm) (Minzioni [0048]); and
the length of the paper tube portion is 6 mm (support element having a length of 5 mm to 12 mm, which includes 6 mm) (Minzioni [0048]).
Minzioni further teaches that the support element is located immediately downstream of the aerosol-forming substrate and abuts the aerosol-forming substrate (Minzioni [0046]), and that the support element may comprise a hollow tube (Minzioni [0047]). Minzioni also teaches that the length of the hollow tube may be adapted such that the total length of the aerosol-generating article is kept at a predefined total length (Minzioni [0026]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify modified Jang so that the cigarette column portion and paper tube portion have lengths within the claimed ranges, including 6 mm, because Minzioni teaches overlapping workable lengths for corresponding aerosol-forming substrate and downstream support/tube segments in an aerosol-generating article. One would have been motivated to select lengths within Minzioni’s disclosed overlapping ranges to provide a compact aerosol-generating article having a desired overall article length while maintaining the functional arrangement of a heated tobacco substrate and downstream tube/support portion, unless applicant shows evidence of criticality for the claimed ranges or specific 6 mm lengths.
Regarding claim 7, modified Jang in view of Minzioni, as set forth in the rejection of claims 2 and 3, does not expressly teach the length of the first filter portion is 12 mm, and the length of the second filter portion is 14 mm.
Minzioni further teaches the length of the first filter portion is 12 mm, and the length of the second filter portion is 14 mm (support element having a length of 5 mm to 12 mm, including 12 mm, and mouthpiece element having a length of 5 mm to 25 mm, preferably 10 mm to 17 mm, including 14 mm) (Minzioni [0048]; Minzioni [0051]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify modified Jang so that the first filter portion has a length of 12 mm and the second filter portion has a length of 14 mm because Minzioni teaches known workable downstream segment lengths in an aerosol-generating article. One would have been motivated to select the claimed lengths from Minzioni’s disclosed ranges as a routine optimization of downstream segment dimensions to provide a desired overall article length while maintaining downstream support, filtration, and mouthpiece functions, unless applicant shows evidence of criticality for the claimed 12 mm and 14 mm lengths.
Claim 10 is rejected under 35 U.S.C. § 103 as being unpatentable over Jang et al. (US 2020/0359688 A1) in view of Zhurba et al. (US 2023/0105451 A1), as applied to claim 1 above, and further in view of Rasouli et al. (US 2015/0114405 A1; hereinafter “Rasouli”).
Regarding claim 10, modified Jang, as set forth in the rejection of claim 1, does not expressly teach the medium accommodation portion has a resistance to draw of 50 to 70 mmH₂O.
Rasouli teaches that airflow properties through a tobacco substrate may be tailored to provide desired smoking characteristics (Rasouli [0009]). Rasouli further teaches that such airflow properties may include resistance to draw (Rasouli [0010]). Rasouli further teaches the medium accommodation portion has a resistance to draw of 50 to 70 mmH₂O (tobacco rod having a resistance to draw of about 10 mmH₂O to about 70 mmH₂O) (Rasouli [0041]).
Rasouli also teaches that resistance to draw may vary based on the incorporation and structure of the tobacco substrate (Rasouli [0049]). Thus, Rasouli teaches resistance to draw as a result-effective variable that may be adjusted through modification of the tobacco substrate structure.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify modified Jang so that the medium accommodation portion has a resistance to draw within the claimed range because Rasouli teaches known workable resistance-to-draw ranges for tobacco substrates in smoking articles. One would have been motivated to select an overlapping resistance-to-draw value to provide suitable puffing resistance and user draw characteristics, unless applicant shows evidence of criticality for the claimed 50 to 70 mmH₂O range.
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 JENNIFER KESSIE whose telephone number is (571)272-7739. The examiner can normally be reached Monday - Thursday 7:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael H Wilson can be reached at (571) 270-3882. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JENNIFER A KESSIE/Examiner, Art Unit 1747
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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