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, 3-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over JANG et al. (US 2020/0359688) in view of JUMAN et al. (US 2024/0065313) and LIU et al. (WO 2020/154858).
Jang teaches a smoking article comprising a medium accommodation portion (11A in figure 1A) filled with cut tobacco leaves; a moisturizer accommodation portion (10a) disposed on one side of the medium accommodation portion and comprising an aerosol generating material (para. 0033); and a filter portion (12a in figure 1A) disposed on another side of the medium accommodation portion.
Jang is silent to the tobacco leaf make-up of the medium accommodation portion.
Juman teaches a smoking article comprising a medium accommodation portion (3 in figure 7) filled with cut tobacco leaves; and a filter portion (4, 6). Juman teaches in paragraph 0079 that the cut tobacco leaves about 10 parts by weight of expanded tobacco leaves, which falls into the claimed range of about 10 parts by weight to about 30 parts by weight and the remaining 90% is a mixture of general cut leaves and reconstituted tobacco sheet. Juman teaches that the remaining 90% may comprise 50%, 60%, or 70% of general cut leaves, which falls into the claimed range of about 50 parts by weight to about 70 parts by weight; and 10%, 20%, or 30% of a slurry-type reconstituted tobacco sheet, which falls into the claimed range of about 10 parts by weight to about 30 parts by weight (para. 0079).
It would have been obvious to one of ordinary skill in the art to try the tobacco leaf composition of Juman in the smoking article of Jang because Juman teaches that such tobacco materials have been found to be particularly effective at providing an aerosol-generating material that can be heated quickly to release an aerosol (para. 0081).
Jang is silent to the width of the cut leaves.
Liu teaches a smoking article comprising a medium accommodation portion (12 in figures 1 and 2) filled with cut tobacco leaves (trans. page 5 lines 2-4); a cooling portion (22) disposed on one side of the medium accommodation portion; and a filter portion (23 in figures 1 and 2). Liu teaches the general cut leaves have a width of 0.5 mm to 3.0 mm (trans. page 2 “Optionally, the length of each shredded…”) which incorporates the claimed range of about 1.3 millimeters (mm) to about 1.6 mm and Liu teaches the general cut leaves preferably have a width of 1.5 mm (trans. page 2 “Optionally, the length of each shredded…”) which falls into the claimed range of about 1.3 millimeters (mm) to about 1.6 mm.
It would have been obvious to one of ordinary skill in the art to cut the leaves of Jang to this size range because Liu teaches that this tobacco is heated at low temperatures (translation “Background technique”) and Juman teaches that the reconstituted tobacco is heated at low temperatures (para. 0081).
Regarding claim 3, Juman teaches the slurry-type reconstituted tobacco sheet is coated with an aerosol generating material (para. 0071, 0073).
Regarding claim 4, Liu teaches that the reconstituted tobacco has a thickness of 0.05 mm to 1.0 mm (translation page 3), which incorporates the claimed range of about 180 micrometers (µm) to about 220 µm, and that the reconstituted tobacco sheet has a basis weight of 50 g/m2 to 250 g/m2 (translation page 2), which incorporates the claimed range of about 165 grams per square meter (g/m2) to about 185 g/m2. It would have been obvious to one of ordinary skill in the art to try the ranges suggested by Liu in the smoking article of Jang because Liu teaches that this tobacco is heated at low temperatures (translation “Background technique”) and Juman teaches that the reconstituted tobacco is heated at low temperatures (para. 0081).
Regarding claim 5, Liu teaches the cut tobacco leaves are arranged in a same direction (trans. page 3 “The heat-not-burn cigarette processing..”). It would have been obvious to one of ordinary skill in the art to try the leaf direction suggested by Liu in the smoking article of modified Jang because Liu teaches that the orderly arranged gaps formed by the cigarette provide an approximately linear air flow channel for the circulation of smoke It reduces the resistance of smoking and the absorption performance of the cut tobacco to the flue gas, improves the passing efficiency of the flue gas, thereby improving the smoking quality, and effectively solves the technical problems of low-temperature flue gas volume and poor smoking quality (trans. page 3 “The heat-not-burn cigarette processing..”).
Regarding claim 6, Jang teaches the aerosol generating material comprises at least one of glycerin, propylene glycol, and nicotine (para. 0033).
Regarding claim 7, Juman teaches that the reconstituted tobacco may contain about 5% to about 40% aerosol former (para. 0074), which incorporates the claimed range of about 23 parts by weight to about 27 parts by weight; and Juman teaches that the aerosol former may be glycerin (para. 0045).
Regarding claim 8, Jang teaches the filter portion comprises a first filter portion (4) comprising a cavity; and a second filter portion (6) filled with a filtration material.
Regarding claim 9, Jang teaches at least one of the medium accommodation portion, the moisturizer accommodation portion, and the filter portion is wrapped with a segment wrapper (para. 0032, 0034, 0036, 0041).
Regarding claim 10, Jang teaches: a medium accommodation portion wrapper (para. 0036); and a moisturizer accommodation portion wrapper (para. 0034), a first filter portion wrapper, and a second filter portion wrapper (para. 0041).
Regarding claim 11, Jang teaches the medium accommodation portion wrapper wrapped around the medium accommodation portion is two-ply paper containing aluminum (para. 0070).
Regarding claim 12, Jang teaches the medium accommodation portion, the moisturizer accommodation portion, and the filter portion are wrapped with the segment wrapper, and the segment wrapper is wrapped with a total wrapper (para. 0070).
Regarding claim 13, Jang teaches an aerosol generating device (see figure 2), wherein the aerosol generating device is configured to receive the smoking article (220) and provide an aerosol inhalable by a user by heating the aerosol generating material stored in the smoking article.
Regarding claim 14, Jang teaches an elongated cavity (211) configured to accommodate the smoking article; a heater (212) configured to heat at least a part of each of the medium accommodation portion and the moisturizer accommodation portion of the smoking article; and a controller (213) electrically connected to the heater.
Regarding claim 15, Jang teaches an aerosol generating system (see figure 2) comprising a smoking article (220) comprising a medium accommodation portion (11a in figure 1A) filled with cut tobacco leaves; a moisturizer accommodation portion (10a) disposed on one side of the medium accommodation portion and comprising an aerosol generating material (para. 0033); and a filter portion (12a) disposed on another side of the medium accommodation portion. Jang teaches an aerosol generating device (see figure 2) configured to receive the smoking article and provide an aerosol inhalable by a user by heating the aerosol generating material stored in the smoking article.
Jang is silent to the tobacco leaf make-up of the medium accommodation portion.
Juman teaches a smoking article comprising a medium accommodation portion (3 in figure 7) filled with cut tobacco leaves; and a filter portion (4, 6). Juman teaches in paragraph 0079 that the cut tobacco leaves about 10 parts by weight of expanded tobacco leaves, which falls into the claimed range of about 10 parts by weight to about 30 parts by weight and the remaining 90% is a mixture of general cut leaves and reconstituted tobacco sheet. Juman teaches that the remaining 90% may comprise 50%, 60%, or 70% of general cut leaves, which falls into the claimed range of about 50 parts by weight to about 70 parts by weight; and 10%, 20%, or 30% of a slurry-type reconstituted tobacco sheet, which falls into the claimed range of about 10 parts by weight to about 30 parts by weight (para. 0079).
It would have been obvious to one of ordinary skill in the art to try the tobacco leaf composition of Juman in the smoking article of Jang because Juman teaches that such tobacco materials have been found to be particularly effective at providing an aerosol-generating material that can be heated quickly to release an aerosol (para. 0081).
Jang is silent to the width of the cut leaves.
Liu teaches a smoking article comprising a medium accommodation portion (12 in figures 1 and 2) filled with cut tobacco leaves (trans. page 5 lines 2-4); a cooling portion (22) disposed on one side of the medium accommodation portion; and a filter portion (23 in figures 1 and 2). Liu teaches the general cut leaves have a width of 0.5 mm to 3.0 mm (trans. page 2 “Optionally, the length of each shredded…”) which incorporates the claimed range of about 1.3 millimeters (mm) to about 1.6 mm and Liu teaches the general cut leaves preferably have a width of 1.5 mm (trans. page 2 “Optionally, the length of each shredded…”) which falls into the claimed range of about 1.3 millimeters (mm) to about 1.6 mm.
It would have been obvious to one of ordinary skill in the art to cut the leaves of Jang to this size range because Liu teaches that this tobacco is heated at low temperatures (translation “Background technique”) and Juman teaches that the reconstituted tobacco is heated at low temperatures (para. 0081).
Response to Arguments
Applicant's arguments filed June 30, 2026 have been fully considered but they are not persuasive. Applicant argues on pages 7-9 that the prior art does not teach the general cut leaves have a width of about 1.3 millimeters (mm) to about 1.6 mm; however, Jang has been combined with Liu to teach this new limitation; wherein, Liu teaches the general cut leaves have a width of 0.5 mm to 3.0 mm (trans. page 2 “Optionally, the length of each shredded…”) which incorporates the claimed range of about 1.3 millimeters (mm) to about 1.6 mm and Liu teaches the general cut leaves preferably have a width of 1.5 mm (trans. page 2 “Optionally, the length of each shredded…”) which falls into the claimed range of about 1.3 millimeters (mm) to about 1.6 mm.
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.
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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