DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to applicant’s election filed May 27, 2026. Applicant has elected claims 1, 8-11, and 13. Claims 18-19, 23-24, 27, 29, and 32-34 are withdrawn.
Election/Restrictions
Claims 18-19, 23-24, 27, 29, and 32-34 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected system and manufacture, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on Mary 27, 2026.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “30” has been used to designate both material and heating element. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "103" and "30" have both been used to designate heating element. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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, 8, and 10 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 20220183348 A1 (hereinafter SELBY).
Regarding claim 1, SELBY discloses an improved, cleaner functioning smoking article (abstract). SELBY discloses an article (Fig. 5C, HNB cigarette 10, ¶24) for use in an aerosol provision system (¶3), the article comprising a rod of aerosol generating material (Fig. 5C, aerosol forming substrate 20, ¶21) having a distal end (1A-1C, bottom end 50, ¶24), and a cavity (Fig. 5C, air flow channel 30, ¶24) that extends into the rod of aerosol generating material from said distal end.
Regarding claim 8, SELBY discloses an article according to claim 1 as discussed above. SELBY further discloses comprising a material layer (Figs. 1B-1C, inner tube 40, ¶24) that lines at least a portion of the cavity. SELBY teaches that the air flow tube is limited by a hollow tube 40 that is manufactured with suitable materials including cigarette paper, modified celluose, (¶24). This is considered to “line” the cavity 30 of the cigarette.
Regarding claim 10, SELBY discloses an article according to claim 8 as discussed above. SELBY further discloses the material layer is a gel, an amorphous solid, or a sheet material such as paper. SELBY discloses that the hollow tube can be made of any known suitable material including paper (¶24). The claim recitation of the word “or” is such that any of the list of materials reads upon the claim. Therefore, since SELBY discloses paper, SELBY reads on the claimed limitation.
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 9 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over SELBY.
Regarding claim 9, SELBY discloses an article according to claim 8 as discussed above. SELBY does not disclose aerosol-generating material is disposed on both surfaces of the material layer such that the material layer is embedded in aerosol- generating material.
SELBY teaches that advantageously the tobacco section is comprised of a rolled-up sheet of reconstituted tobacco (¶27). The inner tube 40 is formed with the inside rolls of the rolled sheet which permits air to be drawn through the layers (i.e. the material layers) (¶27). Since SELBY teaches that reconstituted tobacco sheets that form the material layer contain glycerin (¶5), aerosol generating material is disposed on both surfaces of the material layer. A person of ordinary skill in the art would immediately recognize that where the tube is formed of reconstituted tobacco sheets, the material layer has aerosol generating material on both surfaces. A person of ordinary skill in the art would obviously use the sheets because doing so would define the pathway for vapor with less components to provide environmental advantages and ease manufacture (¶27).
Regarding claim 13, SELBY discloses an article according to claim 8 as discussed above. SELBY further teaches an alternate embodiment where the material layer is permeable to air and is a mesh, is perforated or has openings. SELBY teaches an alternate embodiment where the air flow channel has a plurality of perforations 70 in the tobacco tube 40 (Figs. 2A-2C, ¶38). SELBY teaches that these perforations permit additional tobacco vapors to mix with the cooler air allowing finer temperature control of the vapors being inhaled (¶38). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have applied the teachings of SELBY to provide that the material layer is permeable to air and is a mesh, is perforated or has openings. A person of ordinary skill in the art would obviously implement this embodiment because doing so would permit additional tobacco vapors to mix with the cooler air allowing finer temperature control of the vapors being inhaled (¶38) with predictable results.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over SELBY as applied to claim 8 above and in further view of US 20200029623 A1 (hereinafter ROSSOLL).
Regarding claim 11, SELBY discloses an article according to claim 8 as discussed above. SELBY does not disclose the material layer comprises a heating element, the material layer being configured to be conductively or inductively heated.
SELBY discloses that the article may be used in a device that uses electromagnetic induction to generate heat (¶22).
ROSSOLL teaches a susceptor assembly for inductively heating an aerosol forming substrate (abstract). ROSSOLL teaches an aerosol generating article 100 (Fig. 8, ¶77). The aerosol generating article has an aerosol forming substrate 102 (¶8). The aerosol forming substrate has embedded within it a plurality of susceptors (10, 20) that are covered with an anticorrosion covering 30 (¶81). These susceptors engage with an electrically operated aerosol generating device comprising an induction source to generate heat (¶80-¶81).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified SELBY to provide the material layer comprises a heating element, the material layer being configured to be conductively or inductively heated as taught in ROSSOLL. SELBY discloses that the article may be used in a device that heats through electromagnetic induction (SELBY ¶22). ROSSOLL teaches that a susceptor is embedded in an aerosol forming substrate to enable induction heating (ROSSOLL ¶80-¶81). A person of ordinary skill in the art would obviously form the material layer of a material able to be a susceptor to heat the aerosol forming substrate. Doing so would use the induction heating device allowing for inductive heating to with maximum heat transfer (ROSSOLL ¶22).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20220015413 A1 (hereinafter BLACK). BLACK discloses an aerosol generating article with inductively heatable susceptors oriented in different directions and positioned between strips of aerosol generating material (abstract). As shown in Fig. 3b, the susceptors are arranged concentrically around the aerosol generating material and air flow pathways.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHANIE L MOORE whose telephone number is (313)446-6537. The examiner can normally be reached Mon - Thurs 9 am to 5 pm.
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, Michael H Wilson can be reached at 571-270-3882. 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.
/STEPHANIE LYNN MOORE/Examiner, Art Unit 1747
/Michael H. Wilson/Supervisory Patent Examiner, Art Unit 1747
Prosecution Insights