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 § 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.
Claims 1, 2, 6, 9-12 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Zuber (US 2014/0345634) in view of Selby (WO 2020/181358).
Regarding claim 1, Zuber discloses a system comprising a non-combustible aerosol provision device having a heating element and an article for use with the aerosol provision device (see device 11 with heating element 8; [0063], Fig. 1), the article comprising a rod of aerosol-generating material having a distal end for insertion into the non-combustible aerosol provision device such that the heating element of the device extends into the rod of aerosol-generating material through said distal end (see smoking article 1 in the form of a rod where the heating element extends into the rod when the rod is received within the device, [0064], Fig. 1),
wherein the article comprises a plug at said distal end of said rod of aerosol-generating material, the plug having a passage therethrough and being configured such that the heating element extends into the rod of aerosol-generating material through said passage (see front plug 2 having through hole or slits 103, 203, 303; [0072-0076] Fig. 3).
Zuber does not disclose the rod of aerosol-generating material comprises a cavity extending in a longitudinal direction from said distal end to receive the heating element. In the same field of endeavor of aerosol provision systems, Selby discloses a rod having aerosol-generating material (tobacco section) wherein the tobacco section 20 is provided with a central air flow channel 30 such as an inner tube 40 that extends from a bottom end of the of the tobacco section to a top end of the tobacco section (pg 7, lines 23-30). Selby discloses the air channel functions to introduce cooler air which is then mixed with hot tobacco vapor that is formed when the tobacco section is heated to sufficient temperature by a heating element (pg 8, lines 5-23). Selby discloses air flow channel is positioned such that the heating element extends within the channel to provide heat from within the tobacco section (pg 15, lines 7-11).
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the rod of aerosol generating material with a cavity as claimed since Selby discloses providing a central air flow channel to introduce cooler air to be mixed with hot tobacco vapor (pg 7, lines 23-30; pg 8, lines 5-23; pg 15, lines 7-11). As to the plug passage and the aerosol-generating material cavity being aligned, both a centrally arranged and positioned to receive the heating element and thus would be aligned.
Regarding the heating element and the cavity having "different cross-sections extending perpendicular to said longitudinal direction so that when the heating element extends through the passage in the plug and into the cavity in the rod of aerosol-generating material, the heating element does not entirely fill the cavity such that a passage is formed between an inner wall of the cavity and the heating element for the flow of aerosol along the passage," Zuber discloses a blade-type heating element that is planar shaped ([0063], see Fig. 1 and cross-sections in Figs. 2-3) while Selby discloses a cylindrical shaped air channel (see Fig. 1C). These are different cross-sections and the blade-shaped heating element inserted within the cylinder would not fill the entire cavity and thus allow for the flow of aerosol along the passage. Examiner notes that Selby intends for the air channel to introduce cooler air that mixes with the tobacco vapor (pg 5, lines 5-6).
Regarding claim 2, Zuber discloses paper ([0024]).
Regarding claim 6, Zuber discloses the plug abuts a distal end of aerosol-generating material (see front-plug 2 adjacent aerosol forming substrate 7 in Fig. 1).
Regarding claim 9, Zuber discloses front-plug 2 has a through-hole 103 or slit 203 ([0072-0077]).
Regarding claim 10, Zuber discloses a mouth end 20 ([0067]).
Regarding claim 11, Zuber disclose a cooling segment (volatile substances cool within transfer section 4, [0058]).
Regarding claim 12, Zuber discloses a filter 3 ([0059]).
Regarding claim 23, Zuber discloses a circular shaped passage (Fig. 3A) and Selby discloses a circular shaped air channel (Fig. 1C).
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Zuber (US 2014/0345634) in view of Selby (WO 2020/181358) as applied to claims above, and further in view of Courderc (US 2019/0343175).
Regarding claims 3-5, Zuber discloses the front-plug may be formed of paper and may be made from a filter material that allows air to be drawn through the front plug ([0023-0024]). Zuber does not expressly disclose the plug as formed from gathered and crimped paper; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the plug as claimed since Couderc, similarly directed towards rod-shaped smoking articles, teaches forming paper-based filter materials by gathering and crimping strips to form a plug ([0047], Fig. 5). One would have been motivated to use a paper structure known to be suitable for forming paper plugs.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Zuber (US 2014/0345634) in view of Selby (WO 2020/181358) as applied to claims above, and further in view of Zhao (CN 108669662, of record, with English machine translation).
Regarding claims 13 and 14, Zuber does not disclose holes downstream of the plug; however, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention to have configured the article with holes as claimed since Zhao, similarly directed towards a rod-shaped smoking article, teaches providing air inlet holes (see holes 13 in Fig. 1) in the tube that wraps the middle section (middle section is filled with smoking product, [0008,0049]) to supplement air intake and ensure more adequate oxygen supply ([0016,0052]). As to claim 14, both Zuber and Zhao disclose a wrapper and Zhao discloses forming air inlet holes in the wrap ([0016,0052]).
Response to Arguments
Applicant's arguments filed 6/26/2026 have been fully considered but they are not persuasive. Applicant argues that Zuber does not disclose or suggest the limitations of amended claim 1, particularly the cavity having a different cross-section than the heating element such that the heating element does not entirely fill the cavity and aerosol-flow passage remains between the heating element and the inner wall of the cavity. Applicant argues that Potter teaches the cavity is complementary in shape to the heat transfer device received therein.
Examiner acknowledges that Zuber and Potter do not teach the amended limitations. New grounds of rejection have been made over Zuber in view of Selby.
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 ROBERT C DYE whose telephone number is (571)270-7059. The examiner can normally be reached Monday - Friday, 9:00 am - 5:00 pm EST.
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/ROBERT C DYE/Primary Examiner, Art Unit 3619
