CTNF 18/294,771 CTNF 85496 DETAILED ACTION 07-03-aia AIA 15-10-aia 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 § 112 07-30-02 AIA The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. 07-34-01 Claims 8, 11, and 14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. 07-34-10 AIA Regarding claim 8, 11, 14 , the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d). Claim Rejections - 35 USC § 102 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15 AIA Claim s 1-5, 7, 8, 10-12, 17, 18, 21, 22, 27, 29, and 30-32 are rejected under 35 U.S.C. 102( a)(1 ) as being anticipated by John (US 20180271153) . Regarding claim 1, John discloses a consumable for use with a non-combustible aerosol provision device (see receptacle 70 in Fig. 8a, 8b), the consumable comprising: a support (flat plate 72), aerosol generating material (aerosol generating material 9), and a protection element (blister pack 74) wherein; the aerosol generating material is at least partially supported on at least one surface of the support (material rests on surface of plate, see Fig. 8b; [0087]); the support comprises at least one surface and at least one fixing zone (see surface and adhesive attachment zone with adhesive 80 in Fig. 8b); the or each fixing zone is located on one or more surface of the support (see Fig. 8a, 8b); the area extending between the outermost edges of the or each fixing zone includes at least a portion of the aerosol generating material (material 9 is located within the blister and surrounded by the adhesive/fixing zone); and the protection element is affixed to at least one fixing zone (blister pack 74 is adhered to the fixing zone). John also discloses an embodiment in Fig. 2 wherein receptacle has recesses with material and a protective layer that is peeled off ([0071], fixing zones would be in between the recesses; see Fig. 14). Regarding claim 2, John discloses multiple discrete portions of aerosol generating material (see Fig. 8a). Regarding claim 3, John discloses the protection element is a foil or laminated film that is capable of being formed with holes ([0088,0093]). The protection element is construed as "at least partially removable" given that it is capable of being cut away from the support. John also discloses a peelable protective layer embodiment ([0071]). Regarding claim 4, John discloses the protection element is pierceable ([0093]). Regarding claim 5, the protection element is a corrugated sheet (see wavy structure in Fig. 8b). Regarding claim 7, the protection element does not adhere to the aerosol generating material (see Fig. 8b). Regarding claim 8, John discloses polymer material ([0088]). Regarding claims 10 and 11, John discloses the support is a sheet of aluminum ([0088]) which is a susceptor material--thus, it is capable of being used as a susceptor. Regarding claim 12, John discloses the support can comprise a metal-plated material (metal would be the support layer and the material that is plated would be the backing layer). Regarding claim 17, the outermost edge of the fixing zone surrounds all portions of the aerosol generating material (see Fig. 8a). Regarding claim 18, there are plural discrete portions of aerosol generating material and a fixing zone extends between the discrete portions (Fig. 8a). Regarding claim 21, all portions of the aerosol generating material are supported in one plane on a surface of a planar support (see Fig. 8b). Regarding claim 22, in an alternative embodiment, John discloses discrete portions of aerosol generating material are supported in depressions on the support (see Figs. 2, 14). Regarding claim 27, John discloses the material in different recesses may comprise different flavorants ([0065-0066]). Regarding claim 29, Examiner notes that the claim does not necessarily require the shape and/or color of the discrete portions to be different or have any particular shape/color. A user can associate whatever shape/color of the material with an expected composition (e.g., contains nicotine). Regarding claims 30 and 31, John discloses an aersol provision device and a consumable for use with the device (see apparatus 1 with receptacle 7 in Figs. 1, 2; [0034+]). Regarding claim 32, John discloses manufacturing a consumable comprising providing a support, providing aerosol generating material, and affixing a protection element to a fixing zone (see Fig. 14; [0121-0136]) . Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over John (US 20180271153) . Regarding claims 13, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention for the support layer to form a susceptor since John discloses the support can be a metal-plated material and John discloses example metals for use in the invention as copper, aluminum, steel, silver, and gold ([0041])--which are susceptor materials . 07-22-aia AIA Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over John (US 20180271153) as applied to claim 12 above, and further in view of Capelli (US 20220211102) . Regarding claim 14, John does not disclose the material of the backing layer; however, 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 formed the backing layer from a polymer material since it is well known and conventional in the art to form aerosol supports on laminates of metal and polymer (such as paper); see for example, Capelli which discloses a support for aerosol-generating material that is formed on a heat conductive support formed of metallised paper or cardboard support([0194-0195]). One would have been motivated to select a material construction known to be suitable for supporting aerosilizable material . 07-22-aia AIA Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over John (US 20180271153) as applied to claim 27 above, and further in view of Aller (US 20200113239) . Regarding claim 27, John is considered to anticipate claim 29 as discussed above. In the alternative, if John is considered insufficient, 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 discrete materials with colors indicative of their composition since (1) John discloses the material in different recesses may comprise different flavorants ([0065-0066]) and (2) Aller, similarly directed towards an aerosol generating material and device, teaches aerosol generating material contained within a cartridge can be provided with a distinctive color that is associated with a distinctive characteristic, such as a flavorant (e.g., color green for mint flavor or red for apple; see [0064]). One would have been motivated to provide the different aerosol generating materials in John with different colors to indicate to the user which flavors corresponded to which materials. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ROBERT C DYE/Primary Examiner, Art Unit 3619 Application/Control Number: 18/294,771 Page 2 Art Unit: 3619 Application/Control Number: 18/294,771 Page 4 Art Unit: 3619 Application/Control Number: 18/294,771 Page 5 Art Unit: 3619 Application/Control Number: 18/294,771 Page 6 Art Unit: 3619 Application/Control Number: 18/294,771 Page 7 Art Unit: 3619
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