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.
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 –
(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.
(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.
Claims 1-2, 14-20, and 28-32 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Reevell (GB 2534210 A).
Claims 1-2, 14-20, and 28-32, Reevell teaches a compressible rod 2 for an aerosol-generating device (abstract; pg23 L26; pg26 L10-11), the compressible rod 2 comprising: a first layer 10 including a first material including shredded tobacco (thermally conductive also) which is fibrous; and a wrapper 8 (having an aluminum metallic foil portion; and a tipping paper) circumscribing the first layer 10 (pg7 L21-23; pg24 L5-10), the compressible rod 2 having a circular cross-sectional shape (Fig1) and a hollow center (when pierced as in Figure 9 – and at areas around elements 52 and 54 as in Figure 13) (pg4 L10-12; pg15 L18 to pg16 L26; pg26 L30-36; pg28 L32 to pg29 L3), the compressible rod 2 configured to be compressed (pg24 L5-10), such that the compressible rod 2 has a non-circular cross-sectional shape after compression (Fig8). The compressible rod 2 includes a filter at an end without a hollow portion (pg23 L26-33). Reevell teaches an aerosol-generating device having an outer housing defining a cavity to receive the compressible rod 2 – and a heater with a blade heater (pg22 L24-25; pg24 L12 to pg25 L34; Fig5). Reevell teaches a power source, for heating, which is an electric battery – which has electrodes (pg20 L21-26).
Claim Rejections - 35 USC § 103
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.
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 3-13 and 21-27 are rejected under 35 U.S.C. 103 as being unpatentable over Reevell, as applied to claims 1-2, 14-20, and 28-32 above, and further in view of Hopkins (US 1,796,522).
Claims 3-13 and 21-27, Reevell does not teach a second layer (and third) layer of tobacco fibers between under the wrapper 8.
Hopkins teach a tobacco cigarette, with a wrapper, having area with two layers of tobacco fiber wherein one layer is stronger than the other layer which helps yield a uniform quality – wherein the layers are spaced along the cigarette providing at least three layers (pg1 c1 L18; pg2 L16-32).
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 Reevell a second layer (and third) of tobacco fibers under the wrapper 8 (areas with two layers of tobacco fibers where one layer is stronger than the other layer – wherein the layers are spaced along the cigarette providing at least three layers) in that Hopkins teaches that such helps yield a uniform quality.
Reevell teaches a flavor material of encapsulated flavor beads (pg29 L22 to pg30 L19; Figs14-15). In Reevell modified each layer of tobacco has a different permeability and a different density given that the strength of each layer varies. In Reevell modified tobacco is present in each layer.
Prior Art of Record
The following prior art is made of record: Kido teaches a compressible smoking item.
Conclusion
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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/LINDA L GRAY/Primary Examiner, Art Unit 1745