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 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 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Spieles (WO2020239599, with US 2022/0211101 as English equivalent) in view of Taurino (US 20210267276).
Regarding claim 1, Spieles discloses an aerosol generating article for use with an aerosol generating device (see cartridge 6, [0057]; Fig. 10), the aerosol generating article comprising:
a substantially planar aerosol generating substrate (see substrate 10, [0060]);
at least one airflow channel extending along the substantially planar aerosol generating
substrate (see longitudinal channels 10 in Fig. 10; [0071]); and
a wrapping member surrounding the substantially planar aerosol generating substrate and the at least one airflow channel (see wrapper 18).
Spieles does not disclose the at least one airflow channel comprises two or more portions having different cross-sections. In the same field of endeavor of aerosol generating articles, Taurino discloses a cartridge 100 having airflow channels which are provided with varying cross-sectional areas ([0012]; see Figs. 5-10). Taurino discloses that varying the cross-sectional area along the flow path through the airflow channel mitigates the effect of manufacturing tolerances in the dimensions of the carrier material and allows for more precise control of the resistance to draw through the compartment containing the carrier material ([0013-0014]). It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the airflow channels of Spieles with two or more portions having different cross-sections since Taurino discloses providing airflow channels with varying cross-sectional areas mitigates the effect of manufacturing tolerances and allows for more precise control of the resistance to draw ([0012-0014; Figs. 5-10).
Regarding claim 2, the airflow channel extends parallel to the longitudinal axis of the article (see Spieles, Fig. 10).
Regarding claim 3, Taurino discloses the airflow channel cross-sections can be varied in different ways including embodiments wherein the airflow channels have an upstream portion and downstream portion wherein the downstream portion has larger cross-sectional area (see Fig. 8 embodiment wherein downstream portion 274 has larger area than upstream portion 272).
Regarding claim 4, Spieles and Taurino disclose airflow channels that have upstream and downstream portions. Spieles discloses a channel 40 formed in the surface of the substrate (see Fig. 10). As to the channel comprising a groove in the upstream portion and slit in the downstream portions, Examiner notes that a groove is defined as a "long narrow channel or depression" and a slit is defined as a "long narrow cut or opening" (Merriam-Webster Dictionary). The instant specification does not provide a special definition of the terms groove or slit and there is no particular structural limitation distinguishing a groove and slit. In Spieles modified by Taurino, the upstream channel portion reads on a groove and the downstream channel portion reads on a slit.
Regarding claim 5, the substrate has a flat rectangular shape with main surfaces (major surfaces 12a, 12b) and the wrapping member comprises a pair of rectangular sheets attached to the pair of main surfaces (see 18 in Fig. 6, [0061]).
Regarding claim 6, the article comprising a support member forming a mouth-end portion of the article, the support member having a tubular shape to receive a downstream end (see Fig. 6; [0065], support member formed with corrugated block 22 wrapped with wrapper 18--thus forming tubular shape).
Regarding claim 7, Spieles discloses the wrapper has a porous inner surface for absorbing condensation (Spieles discloses wrapper is a paper or paper-based material to absorb some of the generated aerosol; [0013]) and has an anti-stick outer surface (planar film or cover on surfaces to prevent adhesion to heater, [0012]).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Spieles (WO2020239599, with US 2022/0211101 as English equivalent) in view of Taurino (US 20210267276) as applied to claim 7 above, and optionally further in view of Plojoux (US 20170042243).
Regarding claim 8, Spieles discloses the provision of a film on the wrapper surface to prevent adhesion to the heater ([0012]). This is considered to read on an anti-stick coating. In the alternative, if Spieles is not considered to disclose this feature, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have provided the wrapper of Spieles with an anti-stick coating since Plojoux, similarly directed towards aerosol-generating systems, discloses providing a non-stick coating over an outer surface of a thermally conductive substrate to prevent the article from sticking to a heater element ([0013]). One would have been motivated to pursue the known option within his or her technical grasp to achieve the desired non-stick properties for the aerosol-generating article.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anna Momper can be reached at (571) 270-5788. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619