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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8-18-2026 has been entered.
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 1-2, 14-20, and 28-32 are rejected under 35 U.S.C. 103 as being unpatentable over Reevell (GB 2534210 A) in view of Brantl (US 4,142,534).
Claims 1-2, 14-20, and 28-32, Reevell teaches a compressible rod 2 for insertion into an aerosol-generating device (abstract; pg23 Ln26; pg26 Lns10-11), 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 Lns21-23; pg24 Lms5-10), the compressible rod 2 having a circular cross-sectional shape (Fig1) (pg4 Lns10-12; pg15 Ln18 to pg16 Ln26; pg26 Lns30-36; pg28 Ln32 to pg29 Ln3), the compressible rod 2 configured to be compressed (pg24 Lns5-10), 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 Lns24-25; pg24 Ln12 to pg25 Ln34; Fig5). Reevell teaches a power source, for heating, which is an electric battery – which has electrodes (pg20 Lns21-26).
Claims 1, 18, 30, and 32, Reevell does not teach that the compressible rod 2 comprises a hollow center having a defined shape.
Brantl teaches a smoking article having a tobacco rod 32 wrapped in brown paper. The tobacco rod 32 has a hollow center 35 having a defined shape. The hollow center 35 is provided in that it has an effect of reducing the amount of CO in the gaseous product while still maintaining the flavor of the product (col1 ¶1; col2 ¶s2-3; col3 ¶7 ¶10; col4 ¶s2-3; col7 ¶7; col12 ¶1).
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 that the compressible rod 2 comprises a hollow center having a defined shape in that Brantl teaches in the same art that such has an effect of reducing the amount of CO in the gaseous product while still maintaining the flavor of the product.
Claims 3-13 and 21-27 are rejected under 35 U.S.C. 103 as being unpatentable over Reevell in view of Brantl, 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 Lnh18; pg2 Lns16-32).
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 Ln22 to pg30 Ln19; 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 prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
●Stewart teaches smoking article having a centrally located hollow tube in the tobacco
and a surrounding wrapper.
●An et al. teaches a cigarette wrapper of lignocellulosic fiber and tobacco.
●Strydom teaches a cigarette having an empty elongated tube therein surrounded by
tobacco.
Conclusion
The amendments and comments filed 8-18-2026 have been entered and fully considered – the results of which are provided herein.
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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