DETAILED ACTION
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 1-5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Thesing (US 5,012,829) in view of Woodman (US 2014/0076337 A1).
Claim 1: Thesing teaches a filter segment 12 (“for an aerosol generating article”-- it is submitted that this claim limitation refers to an intended use of the claimed device and is not considered to provide a structural feature to the claimed device (i.e. claimed structure)), the filter segment 12 comprising: an outer portion 22 comprising a filter; and an inner portion disposed inside the outer portion 22 (col3 Lns9-14) and comprising an airflow barrier 20 surrounded by the filter and configured to retard or block airflow (col3 Lns30-35; Fig1). Other locations within reference may be included in the above recited locations (paragraphs, drawing, abstract, claims) to demonstrate further the features in the reference as claimed in the instant claims.
Claim 1: Thesing does not teach that the airflow barrier 20 comprises a tapered shape having a first diameter upstream and a second diameter downstream that is less than the first diameter.
Woodman teaches a filter segment 4 of a smoking article 1 (para25). The filter segment 4 comprising: an outer portion 22 comprising a filter; and an inner portion 20 disposed inside the outer portion 22 (para46). To help develop a desired pressure drop, the filter segment 4 (inner portion 20) comprises a tapered shape having a first diameter upstream and a second diameter downstream that is less than the first diameter (para46 Fig3a Fig3b).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the invention, to have provided in Thesing that the airflow barrier 20 comprises a tapered shape having a first diameter upstream and a second diameter downstream that is less than the first diameter in that Woodman teaches this helps to develop a desire pressure drop.
Claim 2: Thesing teaches the filter segment 12 of claim 1, wherein the airflow barrier 20 is disposed in a central portion of the filter segment 12 (Fig1).
Claim 3: Thesing teaches the filter segment 12 of claim 1, wherein the airflow barrier 20 extends in a longitudinal direction of the filter segment 12 (Fig1).
Claims 4-5: Thesing teaches the filter segment 12 of claim 1 (for claim 4; claim 4 for claim 5), wherein the airflow barrier 20 comprises a solid material such as a cellulose acetate tow (col3 Lns65-67).
Claim 7: Thesing teaches an aerosol generating article 10 (col3 Lns9-20) comprising: a first segment comprising a medium (medium = filter material) (see annotated Figure 1 below -- as an example); and a second segment disposed downstream of the first segment (see annotated Figure 1 below -- as an example), wherein the second segment comprises a filter segment 12, wherein the filter segment 12 comprises: an outer portion 22 comprising a filter; and an inner portion disposed inside the outer portion 22 (col3 Lns9-14) and comprising an airflow barrier 20 surrounded by the filter and configured to retard or block airflow (col3 Lns30-35; Fig1). The aerosol generating article comprises a tobacco rod 14 (col3 Lns9-20). Other locations within reference may be included in the above recited locations (paragraphs, drawing, abstract, claims) to demonstrate further the features in the reference as claimed in the instant claims.
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Claim 7: Thesing does not teach that the airflow barrier 20 comprises a tapered shape having a first diameter upstream and a second diameter downstream that is less than the first diameter.
Woodman teaches a filter segment 4 of a smoking article 1 (para25). The filter segment 4 comprising: an outer portion 22 comprising a filter; and an inner portion 20 disposed inside the outer portion 22 (para46). To help develop a desired pressure drop, the filter segment 4 (inner portion 20) comprises a tapered shape having a first diameter upstream and a second diameter downstream that is less than the first diameter (para46 Fig3a Fig3b).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the invention, to have provided in Thesing that the airflow barrier 20 comprises a tapered shape having a first diameter upstream and a second diameter downstream that is less than the first diameter in that Woodman teaches this helps to develop a desire pressure drop.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Thesing in view of Woodman and Fleischhauer (US 5,591,368).
Claim 8: Thesing teaches an aerosol generating article 10 (col3 Lns9-20) comprising: a first segment comprising a medium (medium = filter material) (see annotated Figure 1 below -- as an example); and a second segment disposed downstream of the first segment (see annotated Figure 1 below -- as an example), wherein the second segment comprises a filter segment 12, wherein the filter segment 12 comprises: an outer portion 22 comprising a filter; and an inner portion disposed inside the outer portion 22 (col3 Lns9-14) and comprising an airflow barrier 20 surrounded by the filter and configured to retard or block airflow (col3 Lns30-35; Fig1). The aerosol generating article comprises a tobacco rod 14 (col3 Lns9-20). Other locations within reference may be included in the above recited locations (paragraphs, drawing, abstract, claims) to demonstrate further the features in the reference as claimed in the instant claims.
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Claim 8: Thesing does not teach combining the aerosol generating article 10 with an aerosol generating system wherein the aerosol generating system comprises an aerosol generating device comprising a first housing, a second housing disposed within the first housing and configured to accommodate the aerosol generating article, and a heater disposed around the second housing and configured to heat the first segment.
Fleischhauer teaches combining an aerosol generating article 23 having filters 63 and 65 and tobacco at webs 57 (col7 Lns29-35; col8 Lns1-4). Fleischhauer teaches combining the aerosol generating article 23 with an aerosol generating system 25 (col5 Lns24-25) wherein the aerosol generating system 25 comprises an aerosol generating device 37 (col5 Lns33-43) comprising a first housing (the space inside the heater fixture 39) (col5 Lns1-3; col6 Lns24-30), a second housing (the space surrounded by heater blades 120 positioned cylindrically inside the aerosol generating system 25) (col10 Lns58-64) disposed within the first housing (Fig1 Fig3) and configured to accommodate the aerosol generating article 23 (col10 Lns58-64) and a heater (comprising the heater blades 120) (col6 Lns1-19) disposed around the second housing (Fig1 Fig3) and configured to heat the tobacco at the webs 57 which necessarily the heats filter 65 -- by being in direct contact therewith and/or by the heated air in cavity 79 which is in direct contact therewith and/or by heated air flowing therethrough. The aerosol generating system 25 provides many benefits -- such as to a smoker -- the smoker being provided with the ability to suspend and resume its use as desired (col3 Lns47-49) .
It would have been obvious to a person of ordinary kill in the art, before the effective filing date of the invention, to have provided in Thesing combining the aerosol generating article 10 with the aerosol generating system of Fleischhauer (wherein the aerosol generating system comprises an aerosol generating device comprising a first housing, a second housing disposed within the first housing and configured to accommodate the aerosol generating article, and a heater disposed around the second housing and configured to heat the first segment) in that the aerosol generating system of Fleischhauer provides many benefits -- such as to a smoker -- the smoker being provided with the ability to suspend and resume its use as desired.
Claim 8: Thesing does not teach that the airflow barrier 20 comprises a tapered shape having a first diameter upstream and a second diameter downstream that is less than the first diameter.
Woodman teaches a filter segment 4 of a smoking article 1 (para25). The filter segment 4 comprising: an outer portion 22 comprising a filter; and an inner portion 20 disposed inside the outer portion 22 (para46). To help develop a desired pressure drop, the filter segment 4 (inner portion 20) comprises a tapered shape having a first diameter upstream and a second diameter downstream that is less than the first diameter (para46 Fig3a Fig3b).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the invention, to have provided in Thesing that the airflow barrier 20 comprises a tapered shape having a first diameter upstream and a second diameter downstream that is less than the first diameter in that Woodman teaches this helps to develop a desire pressure drop.
Conclusion
The amendments and comments filed 5-29-26 have been entered and fully considered – the result(s) of which are provided herein.
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 LINDA GRAY whose telephone number is (571) 272-5778. The examiner can normally be reached Monday - Friday, 9 AM to 5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Phil Tucker can be reached at (571) 272-1095. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LINDA L GRAY/Primary Examiner, Art Unit 1745
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