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 § 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.
Claim(s) 1, 3, 5, 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over SUGYO et al. (US 2019/0274349) in view of ERGLE et al. (US 2009/0038629).
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. Sugyo teaches the flavoring sheet includes 0.5 to 5% emulsifier with respect to the mass of the hydrocolloid material (para. 0036) wherein Sugyo teaches that the flavoring sheet comprises 10-35% hydrocolloid material (para. 0032) which at 35% hydrocolloid material, the amount of emulsifier would be 0.175%-1.75%, which overlaps with the claimed range of 0.5 to 10 parts by weight with respect to a total of 100 parts by weight, wherein 0.5 to 10 parts by weight with respect to a total of 100 parts by weight is equivalent to 0.5% to 10%.
Sugyo teaches that the hydrocolloid material comprises vegetable gums such as carrageenan, agar, xanthan gum, guar gum, and tar gum (para. 0026-0027).
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 the hydrocolloid material includes a modified cellulose material or vegetable gums such as carrageenan, agar, xanthan gum, guar gum, and tar gum (para. 0031).
It would have been obvious to one of ordinary skill in the art to substitute the modified cellulose material of Ergle for the vegetable gums of Sugyo because Ergle teaches that they are known equivalents for the purpose of forming a film (para. 0031-0032).
Regarding claim 3, Sugyo teaches the flavoring sheet includes less than 18% of the fat-soluble flavoring (para. 0034) which overlaps with the claimed range of 10 to 40 parts by weight with respect to a total of 100 parts by weight.
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, 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.
Sugyo teaches the flavoring sheet includes 0.5 to 5% emulsifier with respect to the mass of the hydrocolloid material (para. 0036) wherein Sugyo teaches that the flavoring sheet comprises 10-35% hydrocolloid material (para. 0032) which at 35% hydrocolloid material, the amount of emulsifier would be 0.175%-1.75%, which overlaps with the claimed range of 0.5 to 10 parts by weight with respect to a total of 100 parts by weight, wherein 0.5 to 10 parts by weight with respect to a total of 100 parts by weight is equivalent to 0.5% to 10%.
Sugyo teaches that the hydrocolloid material comprises vegetable gums such as carrageenan, agar, xanthan gum, guar gum, and tar gum (para. 0026-0027).
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 the hydrocolloid material includes a modified cellulose material or vegetable gums such as carrageenan, agar, xanthan gum, guar gum, and tar gum (para. 0031).
It would have been obvious to one of ordinary skill in the art to substitute the modified cellulose material of Ergle for the vegetable gums of Sugyo because Ergle teaches that they are known equivalents for the purpose of forming a film (para. 0031-0032).
Regarding claim 9, Sugyo teaches that the emulsifier comprises lecithin (para. 0035).
Regarding claim 10, Sugyo teaches the flavoring sheet includes 10-35% hydrocolloid material (para. 0032), which overlaps with, 25 to 90 parts by weight with respect to a total of 100 parts by weight, and 0.5 parts by weight of the flavoring (para. 0374), which falls into the claimed range of 0.1 to 60 parts by weight.
Regarding claim 11, Sugyo teaches the flavoring sheet further includes 0.6 parts by weight of glycerin (para. 0372), which falls into the claimed range of 0.1 to 15 parts by weight of a plasticizer.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over SUGYO et al. (US 2019/0274349) in view of ERGLE et al. (US 2009/0038629) as applied to claim 1 above, and further in view of OJIMA et al. (EP 1723860).
Sugyo in view of Ergle teaches a flavoring sheet comprising a hydrocolloid material configured to form a sheet; an emulsifier and menthol which is a fat-soluble flavoring.
Ergle teaches that the flavoring sheet comprises pectin and teaches that pectin is a known equivalent of vegetable gums such as carrageenan, agar, xanthan gum, guar gum, and tar gum (para. 0031) for the purpose of forming a film. Ergle 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 modified Sugyo because Ergle teaches that pectin is a known equivalent of vegetable gums such as carrageenan, agar, xanthan gum, guar gum, and tar gum (para. 0031) for the purpose of forming a film (para. 0031-0032).
Response to Arguments
Applicant's arguments filed April 13, 2026 have been fully considered but they are not persuasive. Applicant argues on pages 6-7 that Sugyo does not teach that the hydrocolloid material is a modified cellulose material and that it would not have been obvious to combine Sugyo and Ergle; however, Ergle teaches that a modified cellulose material and vegetable gums such as carrageenan, agar, xanthan gum, guar gum, and tar gum are known equivalents for the purpose of forming a film (para. 0031-0032).
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 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
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