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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 22-39 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by MacDonald et al. (US 5564442).
MacDonald discloses in reference to claim:
22. An aerosol delivery device 10 comprising:
a body portion 11 comprising an elongated shape (see figure below) defined between a first end (at bottom proximate switch 43) and an opposed second end and a first side (left side in figure 2) and a second side, with a longitudinal axis (vertical with respect to Fig. 2) extending between the first end and the second end,
a cartridge cavity 14 defined within the body portion 11, the cartridge cavity comprising:
a reservoir 14 (see at A) containing an aerosol precursor composition 16, and
an atomizer 46 proximate the reservoir and in contact with the aerosol precursor composition for aerosolizing the aerosol precursor composition to form an aerosol (See Fig. 6--As the temperature of the tobacco leaves rise, water and other volatile organic compounds including nicotine vaporize.);
a power source 13 housed within the body portion 11 and arranged adjacent to the cartridge cavity 14, the power source 13 transmitting power to the atomizer 46 ;
and a mouthpiece 37 proximate the second end of the body portion 11, the mouthpiece being offset (see figure below) from the longitudinal axis and arranged to receive the aerosol (through suction tube 34/36).
PNG
media_image1.png
1152
810
media_image1.png
Greyscale
23. The aerosol delivery device of claim 22, wherein the mouthpiece is removable and replaceable relative to the body portion. Note that the terms removable and replaceable only require the ability to be removed and replaced, as the mouthpiece is a separate component of the device, it is capable of being removed and replaced. Note the mouthpiece and suction tube 36 slide telescopically within tube 34 and can be removed and replaced.
24. The aerosol delivery device of claim 22, wherein the reservoir comprises a fibrous reservoir substrate arranged within the cartridge cavity to contain the aerosol precursor composition therein.
Note the tobacco leaves 16 can be considered a fibrous reservoir substrate arranged within the cartridge cavity to contain the aerosol precursor composition therein.
25. The aerosol delivery device of claim 24, wherein the aerosol precursor composition is sorptively retained within the reservoir substrate. Note the tobacco leaves have water (considered an aerosol precursor) sorptively retained within the fibers of the leaves (considered the reservoir substrate)
26. The aerosol delivery device of claim 22, wherein the reservoir 14 defines a top end (where suction tube 36 passes through) and a bottom end (at delivery hole 39) with an opening extending between the top end and the bottom end.
Note the cavity 14 that forms the tobacco leaves reservoir defines an opening extending between the top end and the bottom end.
27. The aerosol delivery device of claim 26, wherein the reservoir extends along the longitudinal axis (top to bottom in figure 2) such that the opening in the top end of the reservoir (where suction tube 36 passes through) is aligned with the mouthpiece 37 and the bottom end of the reservoir is proximate the first end (bottom end) of the body portion 11.
28. The aerosol delivery device of claim 22, wherein the power source 13 extends along the longitudinal axis and is arranged adjacent to the reservoir 14 within the body portion. See figure 2.
29. The aerosol delivery device of claim 22, further comprising a flow tube 36 extending through the opening in the reservoir to direct the aerosol entrained with air therethrough for passage through the mouthpiece 37 (see Figure 2).
30. The aerosol delivery device of claim 22, wherein the atomizer 46 is inserted in the (lower) opening of the reservoir at A. Note that the reservoir can be viewed as any portion having aerosol precursor therein, as seen in the figure below.
PNG
media_image2.png
242
593
media_image2.png
Greyscale
31. The aerosol delivery device of claim 22, further comprising at least one of an input mechanism 43, an indicator, and a light emitter.
32. The aerosol delivery device of claim 22, wherein the device comprises one or more operational modes (see tongue 43 in left or right position).
33. The aerosol delivery device of claim 22, wherein the atomizer is a wire defining a plurality of coils (The heater coil 46 is wound into a tight double coil 56) that generates heat to heat the aerosol precursor composition and form the aerosol for passage through the mouthpiece. Note atomizer 46 is disclosed as a heating coil that generates heat to heat the aerosol precursor composition and form the aerosol for passage through the mouthpiece.
34. The aerosol delivery device of claim 22, wherein the aerosol precursor composition includes tobacco and/or a glycol. The aerosol precursor composition includes tobacco leaves.
35. The aerosol delivery device of claim 22, wherein the device defines the shape of a key fob, a rectangular prism, a cylindrical shape, or a cuboid shape. See Figure 2 showing a shape of a key fob, which can take any form.
36. The aerosol delivery device of claim 22, wherein the first side and the second side are parallel. See Figure 2.
37. The aerosol delivery device of claim 22, wherein the power source is rechargeable. The power source 13 provided by a pair of AA batteries can be recharged by replacing spent batteries with fresh batteries. Further it is noted that AA batteries denotes a size of battery not the type of battery. The disclosure of a AA battery would be understood by the artisan to include all types of batteries that are of the AA size, which includes generically, rechargeable batteries. Further note that applicant discloses the functional equivalence of a replaceable, removeable and/or rechargeable battery.
38. The aerosol delivery device of claim 22, wherein the reservoir is refillable. Tobacco leaves can be refilled into the cavity 14.
39. The aerosol delivery device of claim 26, wherein electrical terminals 57 and 58 are arranged proximate the bottom end of the reservoir 14, the electrical terminals being in electrical communication with the power source 13.
PNG
media_image3.png
240
418
media_image3.png
Greyscale
Response to Arguments
Applicant's arguments filed 06/11/2026 have been fully considered but they are not persuasive and are addressed in the action above.
THIS ACTION IS MADE FINAL. 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 THOR S CAMPBELL whose telephone number is (571)272-4776. The examiner can normally be reached M,W-F 6:30-10:30, 12-4.
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, Ibrahime Abraham can be reached at 5712705569. 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.
/THOR S CAMPBELL/
Primary Examiner
Art Unit 3761
tsc
Prosecution Insights