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 .
Claim Rejections - 35 USC § 102
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 3-5, 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by ERGLE et al. (US 2009/0038629).
Ergle teaches a flavoring sheet (abstract) comprising a hydrocolloid material (para. 0031) configured to form a sheet; an emulsifier (para. 0043); and menthol (para. 0013) which is a fat-soluble flavoring.
Regarding claim 3, Ergle teaches the flavoring sheet includes, with respect to a total of 100 parts by weight, about 20 to about 75% of the fat-soluble flavoring (para. 0014) which overlaps with the claimed range of 10 to 40 parts by weight.
Regarding claim 4, Ergle teaches the hydrocolloid material includes a modified cellulose material (para. 0031).
Regarding claim 5, Ergle teaches the modified cellulose material includes at least one material selected from methyl cellulose, carboxymethyl cellulose, and ethyl cellulose (para. 0031).
Regarding claim 8, Ergle teaches a smoking article comprising a smoking material portion (para. 0015); a filter portion (para. 0015); and a wrapper (para. 0062) configured to wrap around at least a portion of the smoking material portion or the filter portion, wherein a flavoring sheet is disposed on at least a portion of the smoking material portion (para. 0048-0051), and the flavoring sheet includes a hydrocolloid material (para. 0031) configured to form a sheet; an emulsifier (para. 0043); and menthol (para. 0013) which is a fat-soluble flavoring.
Claim(s) 1-3, 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SUGYO et al. (US 2019/0274349).
Sugyo teaches a flavoring sheet (abstract) comprising a hydrocolloid material (para. 0026) configured to form a sheet; an emulsifier (para. 0035); and menthol (para. 0033) which is a fat-soluble flavoring.
Regarding claim 2, Sugyo teaches the flavoring sheet includes, with respect to a total of 100 parts by weight, 0.5 to 5% emulsifier (para. 0036) which falls into the claimed range of 0.5 to 10 parts by weight.
Regarding claim 3, Sugyo teaches the flavoring sheet includes, with respect to a total of 100 parts by weight, less than 18% of the fat-soluble flavoring (para. 0034) which overlaps with the claimed range of 10 to 40 parts by weight.
Regarding claim 8, Sugyo teaches a smoking article comprising a cigarette that burns a tobacco filler (para. 0071) wherein one of ordinary skill in the art would have recognized that basic structure of a cigarette inherently includes a smoking material portion; a filter portion; and a wrapper configured to wrap around at least a portion of the smoking material portion or the filter portion. Sugyo teaches a flavoring sheet is disposed on at least a portion of the smoking material portion (para. 0230), and the flavoring sheet includes a hydrocolloid material (para. 0026) configured to form a sheet; an emulsifier (para. 0035); and menthol (para. 0033) which is a fat-soluble flavoring.
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.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over ERGLE et al. (US 2009/0038629) in view of OJIMA et al. (EP 1723860).
Ergle teaches a flavoring sheet (abstract) comprising a hydrocolloid material (para. 0031) configured to form a sheet; an emulsifier (para. 0043); and menthol (para. 0013) which is a fat-soluble flavoring. Ergle teaches that the flavoring sheet comprises pectin (para. 0031) but is silent to the type of pectin.
Ojima teaches a smoking article comprising a hydrocolloid material such as methyl cellulose and carboxymethyl cellulose (para. 0011). Ojima teaches that the smoking article comprises low methoxyl pectin (LM-pectin) that includes a carboxyl group by less than 50% (para. 0039) and has a characteristic of not gelating when cooled (see viscosity stability result in Table 2). It would have been obvious to one of ordinary skill in the art to use low methoxyl pectin (LM-pectin) in the flavoring sheet of Ergle because Ergle teaches that the flavoring sheet comprises pectin (para. 0031).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 am - 6 pm.
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741