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
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4, 6-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BESSO et al. (WO 2020/182585).
Besso teaches an aerosol provision device comprising an aerosol generating chamber (see figure 3); one or more heating elements (118, 120) arranged to heat, in use, an aerosol generating article located within the aerosol generating chamber; a control system (106) arranged to activate the one or more heating elements at a time T0 (S3 in figure 4A); and one or more valves (122, 124) arranged to prevent the onward transmission of aerosol generated within the aerosol generating chamber until a later time T1, wherein T1> T0 (S8 in figure 4A). Besso teaches the control system is arranged to activate the one or more valves at a scheduled time (page 22 lines 5-9) which reads on activating the one or more valves after a period of time at T1. Besso teaches the control system is arranged to selectively control the one or more valves according to one or more user determined settings (page 22 lines 5-9).
Regarding claim 2, Besso teaches the one or more valves (124) are located at an exit region of the aerosol generating chamber (see figure 3) and are arranged to prevent aerosol from exiting the aerosol generating chamber until time T1 (S8 in figure 4A).
Regarding claim 3, Figure 10 shows an aerosol holding chamber (642) located downstream of the aerosol generating chamber.
Regarding claim 4, Besso teaches the one or more valves (666, 668) are located at an exit region of the aerosol holding chamber (see figure 10) and are arranged to prevent aerosol from exiting the aerosol holding chamber until time T1 (S8 in figure 4A).
Regarding claim 6, Besso teaches the aerosol provision device further comprises a mouthpiece (114).
Regarding claim 7, figure 3 shows one or more aerosol flow paths arranged between an exit of the aerosol generating chamber or an exit of an aerosol holding chamber and the mouthpiece in order to direct or transmit aerosol which has been released by the one or more valves to the mouthpiece.
Regarding claim 8, Besso teaches a plurality of aerosol generating regions (page 13 lines 24-30), wherein one or more or each aerosol generating region comprises at least one air supply hole (110) in fluid communication with an external atmosphere.
Regarding claim 9, Besso teaches an aerosol provision system comprising an aerosol provision device (100) and an aerosol generating article (1) comprising portions of aerosol generating material.
Regarding claim 10, Besso teaches at least some of the portions of aerosol generating material are substantially different (see figures 1 and 2).
Regarding claim 11, Besso teaches the aerosol generating article comprises a substantially planar aerosol generating article (page 7 lines 9-10).
Regarding claim 12, Besso teaches the planar aerosol generating article comprises a plurality of aerosol generating regions (page 10 line 7).
Regarding claim 13, Besso teaches the aerosol generating article is located adjacent a plurality of heating elements (118, 120).
Regarding claim 14, figure 10 shows in use, the aerosol generating article is located so that one or more aerosol generating regions are located adjacent a heating element, wherein the aerosol generating article is rotated or moved relative to the heating element so that one or more aerosol generating regions are moved into proximity to the heating element.
Regarding claim 15, figures 4A and 4B show a method of generating an aerosol comprising providing an aerosol provision device. Besso teaches the control system is arranged to activate the one or more valves at a scheduled time (page 22 lines 5-9) which reads on using the one or more valves to prevent the onward transmission of aerosol generated within the aerosol generating chamber until a time T1, wherein T1 > T0. Besso teaches the control system is arranged to selectively control the one or more valves according to one or more user determined settings (page 22 lines 5-9).
Response to Arguments
Applicant's arguments filed June 29, 2026 have been fully considered but they are not persuasive.
Applicant argues on page 7 that Besso does not teach the control system is arranged to activate the one or more valves after a period of time at T1; however, at page 22 lines 5-9, Besso teaches the control system is arranged to activate the one or more valves at a scheduled time which reads on activating the one or more valves after a period of time at T1.
Applicant argues on page 8 that Besso does not teach the control system is arranged to selectively control the one or more valves: (i) in response to activation or deactivation of one or more heating elements; (ii) as a function of time; (iii) according to a predetermined timing profile; or (iv) according to one or more user determined settings; however, at page 22 lines 5-9, Besso teaches “the user can decide whether to validate (or not) the start of the process, for example, by pressing a switch” which reads on one or more user determined settings.
Conclusion
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 CYNTHIA SZEWCZYK whose telephone number is (571)270-5130. The examiner can normally be reached Mon-Fri 10 am - 6 pm.
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/CYNTHIA SZEWCZYK/Primary Examiner, Art Unit 1741
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