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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1 – 6) in the reply filed on 03/26/2026 is acknowledged.
Claims 7 – 9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected composition of Groups II and III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/26/2026.
Claim Rejections - 35 USC § 112
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.
Claim 6 is 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.
Claim 6 recites the limitation "the oil" in claim 1. There is insufficient antecedent basis for this limitation in the claim. The claim should clearly indicate if the oil is glycerin and/or propylene glycol.
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 – 6 are rejected under 35 U.S.C. 103 as being unpatentable over Gladden et al. (RU 2 587 786 C2)
In regards to claims 1 – 5, Gladden teaches a fuel heat source for use in smoking product containing carbon, a substance enhancing combustion (i.e., ignition accelerator) such as nitrate salts of metals, chlorates, peroxides, zirconium and combinations (abstract). Combustion aid is present at 25% or more, such as up to 65% of the heat source based on dry weight; carbon is present at about 20% or more, such as up to 80% based on dry weight; the heat source can be cylindrical and have a diameter of from 5 to 9 mm, and a length of from about 7 to 17 mm; the heat source can comprise a binder (binding materials) such as cellulose, vegetable oils, flour, guar gum etc., or their combinations, which in Example 1 comprises modified cellulose, flour, sugar and corn oil and is present at a calculated amount of 39.5% based on dry weight or 27.5% based on wet weight in the heat source (specification).
According to Examples 1 to 4, the heat source comprises blending the carbon, binder, combustion enhancer with water. The heat source is mixed with an aerosol material including polyols such as glycerol (i.e., glycerin) (specification). The composition can be prepared through extrusion, casting, injection molding, stamping or pressing (specification). While a specific pressure for molding is not recited, it appears that the pressure and operating conditions of the mold will be results effective to provide the desired shape for the composition. Also, since similar composition are taught which can be aqueous or dry, it appears that similar dry and wet pressure ratios would be obtained by Gladden.
Alternatively, in view of Suarez et al. (WO 2017/042389) teaches recites compression molding of tobacco heat sources similar to Gladden, the claims are obvious (title, abstract). Suarez teaches similar composition and which are compression molded at pressures of from about 0.02 to about 12 MPa (page 9). The combustible heat source has similar proportions of about 7.8 mm in diameter and about 9 mm in length (page 15). Thus, persons of ordinary skill in the art at the time the claims were filed would have found it obvious to have used the compression molding pressures of Suarez for the method of Gladden, as Suarez recites suitable pressures for preparing similar materials by compression molding.
In regards to claim 6, Gladden teaches the composition wherein the heat source can comprise oil at 21g out of a total of 1324.5g on a dry bases and thus provide a calculated amount of about 1.6%.
Conclusion
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/TAIWO OLADAPO/Primary Examiner, Art Unit 1771
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